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CBA’s 2026 Legislative Session in Review

September/October 2026

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This article provides an overview of the CBA’s legislative efforts during the Colorado General Assembly’s 2026 session.

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On May 13, Colorado’s 120-day legislative session wrapped up after weighing 626 individual pieces of legislation. At a high level, the 2026 legislative session saw many familiar themes and conflicts. We were faced with a state legislature that has been beleaguered with intra-party fighting, mixed responses to federal government encroachment, and an unusually high amount of turnover in seats before the next session. Imbalance was further pushed with many bills being undone by political disagreements, budget pressures, and a simple lack of time before adjournment.

Lawmakers passed roughly 450 bills, with 12 vetoes from the executive branch—the most during Governor Polis’s tenure. Perhaps surprisingly, many of the other failed bills touched policy areas such as taxes, health care, elections, and criminal justice. This year, the search for consensus anywhere in the state Capitol seemed futile. Still, despite some high-profile debates, major measures on education, immigration, and public safety were achieved.

By the Numbers

As much as possible, lobbying should rely on research-backed evidence. Taking the time to plainly lay out what worked and what didn’t is the key to success in future sessions. The same applies to the post-session review. Here is a snapshot of the CBA’s work in 2026:

  • bills reviewed by CBA sections: 606 of 626
  • official positions taken by the Legislative Policy Committee (LPC): 25
  • participating CBA sections/committees: 10 different groups submitted position requests
  • supported bills: 7 (all but one was signed)
  • opposed bills: 5 (all but one failed)
  • amend positions: 9 (7 were successfully amended or reached a similar favorable outcome)

The General Assembly now includes 15 practicing attorneys and a handful of nonpracticing ones. This number has grown in recent years but is still mostly within the majority party. This allows the CBA to continue to position ourselves as the convener and lead advocate for attorneys.

Key Legislative Moments

The CBA’s work aligns with the increased involvement of our sections. As always, we saw tremendous volunteer work from members of the Real Estate Law, Business Law, Litigation, Elder Law, and Family Law Sections. We also saw significant behind-the-scenes work from Trust and Estate Law, Civil Rights Law, Military and Veterans’ Affairs, and Government Counsel Sections.

HB 26-1288: Jury Selection Requirements

The CBA played a significant role in helping navigate a successful conclusion to HB 26-1288. This bill initially proposed drastic changes to the jury selection process, but as passed instead creates a working group. This group is focused on collaborating with the Judicial Branch to determine what reforms can be effectively implemented directly by the courts.

HB 26-1421: Fee Sharing With Nonlawyers in Legal Practice

The CBA was incredibly thankful for the varied engagement on HB 26-1421, which prohibits lawyers from making certain financial arrangements with nonlawyers in connection with providing legal services. Not only did we see record input from individual members, but we were also able to involve other vital parts of the legal community—including the Judicial Branch, the Colorado Trial Lawyers Association, and the Colorado Criminal Defense Bar—in our conversation on what would be the best path forward.

HB 26-1131: Custody of Pet Animals

The Family Law Section’s efforts are a prime example of how working with the flow of the legislative process can be beneficial, even if you’re opposed to the legislation. HB 26-1131 proposed changes to how courts made determinations for custody of pets in divorce proceedings. We stood in opposition, and when proponents asked for our reasoning, CBA members explained in detail how legislation would be detrimental and cause more harm than good. When the governor’s office asked why we opposed it, CBA members took the time to explain the significant impact this bill would have on the practice of family law. Ultimately, our continued opposition highlighted the hefty cost of the bill. We worked on this bill early on the session and did not see conclusion until the final day. This bill ultimately failed, but if we hadn’t participated, it easily could have passed.

SB 26-118: Legacy Giving to Charitable Organizations

This stands out because the CBA never took an official position on SB 26-118. Despite that, CBA members played a significant role in shaping this bill. We maintain our ability to influence the process, and the work of the Trust and Estate Section was invaluable in this situation. Brought forth by the Colorado Nonprofit Association, with key sponsors like Senate President James Coleman at the helm, the proposed new law aimed to streamline legacy gift transfers between financial institutions and nonprofit beneficiaries.

Since our input was sought before formal introduction of the bill, the CBA didn’t have an official position. However, we were joined by nonprofits, banks, and the Creditors Bar Association to ensure that a very complex area of probate law wasn’t significantly altered without proper guidance. Our CBA members were vital to not only navigating the complexities of the policy but helping translate that impact from our industry to lawmakers. In the end, the CBA felt we didn’t need to take a position, but our work was clearly evident in the bill as passed. This was one of many unspoken legislative moments impacted by our members.

From the State Capitol to the US Capitol

For the second year in a row, we took our advocacy efforts to Washington, DC. In alignment with our values, we continue to push for solutions to barriers faced by Coloradans when accessing the civil justice system. This year, we once again urged our congressional delegation not to cut funding for legal aid. Legal aid services provide numerous benefits for low-income Coloradans. For every client that is served by Colorado Legal Services, at least one income-eligible person is turned away. It is our hope that CBA’s work with others in our community, we can highlight the need for continued funding in Washington, DC.

Looking Ahead to 2027

CBA’s legislative advocacy program is definitively on an upward trend. This could not be accomplished without the leadership of the CBA Executive Council and the Legislative Policy Committee; their guidance and support of our legislative efforts is key to our successes now and in the future.

As always, the core of our work continues to be the expertise of our members. We are the legal knowledge base for our community and lawmakers. With each legislative session, we are redefining legal advocacy and highlighting its importance to Colorado. Of course, growth also means growing pains. As the legislature evolves, so do the strategies required for effective and meaningful legislative efforts. And as our interactions with lawmakers evolve, so should our policy perspectives. This is not a departure from our core values, but rather a recognition that our message holds value even as policy discussions shift. In fact, it is an exponential opportunity to be more influential and more impactful to policy discourse in Colorado.

Summary of Legislative Efforts

Bill Number Bill Title / Name Position Section/Committee Bill Progress/Final Action
CBA “Support” Positions
HB 26-1013 Ratio Utility Billing Systems Support Real Estate Law Signed/Enacted/Adopted
HB 26-1099 Protect Financial Condition of Homeowners Associations Support Real Estate Law Signed/Enacted/Adopted
HB 26-1189 Uniform Community Property Disposition Death Act Support Trust and Estate Law Signed/Enacted/Adopted
HB 26-1218 Clarifying Validity of Common Law Marriage Support Family Law Signed/Enacted/Adopted
SB 26-005 Rights Violation in Immigration Enforcement Remedy Support Civil Rights Law Vetoed
SB 26-054 Security Deposits & Post-Closing Occupancy Agreements Support Real Estate Law Signed/Enacted/Adopted
SB 26-067 Tuition Waiver for Dependents of Veterans Support Military and Veterans’ Affairs Dead
CBA “Amend” Positions
HB 26-1001 Housing Developments on Qualifying Properties Amend Real Estate Law Signed/Enacted/Adopted
HB 26-1045 Disabilities Housing Protections Amend Real Estate Law Signed/Enacted/Adopted
HB 26-1089 Uniform Mortgage Modification Act Amend Real Estate Law Signed/Enacted/Adopted
HB 26-1098 Public Trustee Act Foreclosure Procedures Amend Real Estate Law Signed/Enacted/Adopted
HB 26-1196 Tenant Data Information Amend Real Estate Law Signed/Enacted/Adopted
HB 26-1287 Sunset Division of Real Estate Amend Real Estate Law Signed/Enacted/Adopted
SB 26-031 Use of Prescription Product With Controlled Substance Amend Natural Medicine Committee Signed/Enacted/Adopted
HB 26-1106 Eviction Protections for Tenants Amend Real Estate Law Dead
HB 26-1308 Lot Splitting Approval by Subject Jurisdictions Amend Real Estate Law Dead
CBA “Oppose” Positions
HB 26-1047 Protections for Residential Tenants Oppose Real Estate Law Dead
HB 26-1131 Custody of Pet Animals Oppose Family Law Dead
SB 26-027 Parental Equality & Child Empowerment Act Oppose Family Law Dead
SB 26-079 Uniform Assignment for Benefit of Creditors Act Oppose Business Law Dead
SB 26-133 Colorado Artist Companies Oppose Business Law Signed/Enacted/Adopted
CBA “Monitor” Positions
HB 26-1288 Jury Selection Requirements Monitor Litigation Signed/Enacted/Adopted
HB 26-1421 Fee Sharing With Nonlawyers in Legal Practice Monitor LPC Signed/Enacted/Adopted
SB 26-174 Prohibit Lead Generation Legal Marketing Monitor LPC Signed/Enacted/Adopted
SB 26-176 State Remedies for Constitutional Rights Violation Monitor Rule of Law Task Force Dead

 

citation Mounsey, “CBA’s 2026 Legislative Session in Review,” 55 Colo. Law. 30 (Sept./Oct. 2026), https://cl.cobar.org/features/cbas-2026-legislative-session-in-review.

 

Tyler Mounsey is the CBA director of legislative relations. Readers are encouraged to contact him to receive periodic email updates during the legislative session or any time they would like more information about bills or other legislative matters that may relate to or affect the legal profession and the practice of law—tmounsey@cobar.org.


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