40 | 34 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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41 | 35 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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42 | 36 | | Dashes through the words or numbers indicate deletions from existing law. WHEREAS, Justices Breyer, Sotomayor, and Kagan issued a1 |
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43 | 37 | | dissenting opinion in Dobbs, stating, "Whatever the exact scope of the2 |
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44 | 38 | | coming laws, one result of today's decision is certain: the curtailment of3 |
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45 | 39 | | women's rights, and of their status as free and equal citizens"; and4 |
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46 | 40 | | WHEREAS, The surest protection against that curtailment of5 |
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47 | 41 | | rights is now offered only by state legislatures and within state6 |
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48 | 42 | | constitutions; and7 |
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49 | 43 | | WHEREAS, Upon the Dobbs decision and again on the following8 |
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50 | 44 | | anniversary of the 1973 Roe ruling, tens of thousands of Coloradans9 |
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51 | 45 | | across the political spectrum took to the streets throughout the state to10 |
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52 | 46 | | express their disappointment and rage; and11 |
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53 | 47 | | WHEREAS, Overturning Roe has resulted in significant physical12 |
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54 | 48 | | and mental trauma to, as well as significant financial burden on, people13 |
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55 | 49 | | no longer able to access abortion care where they live and who must seek14 |
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56 | 50 | | care elsewhere; and15 |
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57 | 51 | | WHEREAS, Marginalized groups have been systemically denied16 |
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58 | 52 | | equal access to abortion even before Roe was overturned, especially17 |
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59 | 53 | | Black, Latina, and Indigenous people of color; people with lower18 |
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60 | 54 | | incomes; and people in remote, rural, or underserved areas; and19 |
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61 | 55 | | WHEREAS, On April 4, 2022, to secure the statutory right to20 |
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62 | 56 | | abortion free from government interference in the face of the pending21 |
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63 | 57 | | Dobbs decision, Governor Polis signed into law House Bill 22-127922 |
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64 | 58 | | passed by the Colorado General Assembly, titled the "Reproductive23 |
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65 | 59 | | Health Equity Act" or "RHEA"; and24 |
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66 | 60 | | WHEREAS, On April 14, 2023, Governor Polis signed into law25 |
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67 | 61 | | the package of three bills passed by the Colorado General Assembly titled26 |
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68 | 62 | | the "Safe Access to Protected Health Care Package" or "SAPHC27 |
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69 | 63 | | Package", which included Senate Bills 23-188, 23-189, and 23-190; and28 |
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70 | 64 | | WHEREAS, Senate Bill 23-188 codified protections for29 |
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71 | 65 | | Colorado's patients, providers, and helpers of abortion and30 |
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72 | 66 | | gender-affirming care against out-of-state prosecutions, civil lawsuits,31 |
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73 | 67 | | investigations, and extradition claims; and32 |
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74 | 68 | | WHEREAS, Senate Bill 23-189 mandated that abortion be a33 |
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75 | 69 | | covered service without deductibles, copays, or coinsurance under private34 |
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76 | 70 | | 004 |
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77 | 71 | | -2- health insurance plans, which protects Coloradans on private plans but1 |
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78 | 72 | | not the hundreds of thousands of Coloradans on publicly funded2 |
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79 | 73 | | insurance plans; and3 |
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80 | 74 | | WHEREAS, Senate Bill 23-190 categorized the deliberate false4 |
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81 | 75 | | advertising of abortion services as a deceptive trade practice; and5 |
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82 | 76 | | WHEREAS, Colorado voters defeated fetal personhood6 |
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83 | 77 | | amendments, which are total abortion bans, by 30% (Amendment 67) in7 |
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84 | 78 | | 2014, by 41% (Amendment 62) in 2010, and by 46% (Amendment 48) in8 |
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85 | 79 | | 2008; and9 |
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86 | 80 | | WHEREAS, In 2020, Colorado voters defeated Proposition 115,10 |
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87 | 81 | | a 22-week abortion ban, by 18%, with more votes cast opposing it than11 |
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88 | 82 | | President Biden received on the same ballot; and12 |
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89 | 83 | | WHEREAS, 61.97% of Colorado voters overwhelmingly approved13 |
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90 | 84 | | the constitutional right to abortion, solidifying its protection and14 |
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91 | 85 | | demonstrating strong public support; and15 |
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92 | 86 | | WHEREAS, Coloradans deserve the right to the full spectrum of16 |
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93 | 87 | | reproductive health care and we must now enact the will of the voters;17 |
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94 | 88 | | and18 |
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95 | 89 | | WHEREAS, We must enshrine the federal "Emergency Medical19 |
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96 | 90 | | Treatment and Labor Act" (EMTALA) into state law to ensure that all20 |
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97 | 91 | | Coloradans have access to essential, life-saving medical care, regardless21 |
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98 | 92 | | of federal actions or policy changes, and to prevent gaps in care that could22 |
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99 | 93 | | disproportionately impact vulnerable populations, including those23 |
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100 | 94 | | experiencing medical emergencies or pregnancy-related complications;24 |
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101 | 95 | | and25 |
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102 | 96 | | WHEREAS, We must strengthen our Shield Law to provide robust26 |
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103 | 97 | | protections for individuals seeking, providing, or supporting abortion care27 |
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104 | 98 | | in Colorado, ensuring their safety and privacy in the face of increasing28 |
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105 | 99 | | threats and legal challenges from other states; and29 |
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106 | 100 | | WHEREAS, Enhanced protections are necessary to safeguard30 |
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107 | 101 | | against the chilling effect of out-of-state legal actions, prevent the sharing31 |
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108 | 102 | | of private health information across jurisdictions, and affirm Colorado's32 |
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109 | 103 | | commitment to reproductive freedom; and33 |
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110 | 104 | | 004 |
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111 | 105 | | -3- WHEREAS, Colorado was the first state in the nation to legalize1 |
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112 | 106 | | abortion, and Colorado has since led the nation, at the ballot box and in2 |
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113 | 107 | | the legislature, and should continue to lead the nation in protecting3 |
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114 | 108 | | abortion access without restriction; and4 |
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115 | 109 | | Be It Resolved by the Senate of the Seventy-fifth General Assembly5 |
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116 | 110 | | of the State of Colorado, the House of Representatives concurring herein:6 |
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117 | 111 | | That we, the members of the Colorado General Assembly:7 |
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118 | 112 | | (1) Affirm Colorado will continue to protect reproductive rights8 |
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119 | 113 | | and access to essential medical care, reaffirming its role as a national9 |
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120 | 114 | | leader in advancing and safeguarding these fundamental freedoms; and10 |
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121 | 115 | | (2) Hereby designate January 22 of each year as "Reproductive11 |
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122 | 116 | | Rights and Justice Day".12 |
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123 | 117 | | 004 |
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124 | 118 | | -4- |
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