COLORADO RESTAURANT ASSOCIATION





BILL HB17-1021

concerning an employer's violation of wage laws.
Sponsors: J. Danielson / J. Cooke

Current law requires employers to release requested information to the division of labor standards and statistics (division) in the department of labor and employment and allows the division to have access to employers' premises and all books, records, and payrolls of employers. Current law also prohibits the release of any of this information obtained by the division if the release of the information might reveal a trade secret. The bill clarifies that information obtained by the division that relates to a finding by the division of a violation of wage laws is not confidential and shall be released to the public or for use in a court proceeding, unless the director of the division makes a determination that the information includes specific information that is a trade secret.


(Note: This summary applies to this bill as introduced.)



Status
4/13/2017 Governor Signed


BILL HB17-1049

Concerning the elimination of refund interest related to a property tax abatement.
Sponsors: D. Thurlow | M. Gray / D. Coram

If property taxes are levied erroneously or illegally and a taxpayer has not protested the valuation within the time permitted by law, then the taxpayer has 2 years from the start of the property tax year to file a petition for abatement or refund. The board of county commissioners is required to abate the taxes, and the taxpayer is entitled to a refund for the incorrect amount and, in some circumstances, refund interest equal to 1% per month. The bill delays the start of the refund interest so that it accrues from the date a complete abatement petition is filed, with the exception of an abatement or refund for taxes paid as a result of omitted property being added to the assessment roll.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/24/2017 Governor Signed


BILL HB17-1079

Concerning the continued collection of fees for wholesale food manufacturing and storage, and, in connection therewith, making an appropriation.
Sponsors: C. Kennedy / C. Jahn | D. Coram

The bill amends provisions related to the continued collection of fees related to wholesale food manufacturing and storage. Specifically, the bill:

The bill also removes the repeal date from statute.


(Note: This summary applies to this bill as introduced.)



Status
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee


BILL HB17-1090

Concerning the advanced industry investment tax credit.
Sponsors: T. Kraft-Tharp | J. Wilson / J. Kefalas | B. Gardner

A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000.

The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. For those years

, the total maximum amount of credits for a calendar year is increased to $1.5 million; except that, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply.

The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed.

In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments.


(Note: This summary applies to this bill as introduced.)



Status
3/1/2017 House Committee on Finance Refer Unamended to Appropriations


BILL HB17-1091

Concerning the creation of a credit against the state income tax to promote employer-assisted housing projects in rural areas.
Sponsors: J. Wilson

For income tax years commencing on or after January 1, 2017, but prior to January 1, 2021, the bill allows a taxpayer making a donation to an employer-assisted housing project located in a rural area a credit against the taxpayer's state income tax obligations.

The bill defines 'donation' to mean cash, securities, or real or personal property that is donated to a not-for-profit sponsor that is used solely for costs associated with an employer-assisted housing project located within the state.

The bill defines 'employer-assisted housing project' to mean down payment assistance, reduced-interest mortgages, mortgage guarantee programs, rental subsidies, or individual development account savings plans that are:

The bill specifies procedures by which a not-for-profit entity that is a sponsor of an employer-assisted housing project (sponsor) applies to either the Colorado housing and finance authority or a municipality or county finance authority for an award of a tax credit allowed under the bill. The bill also specifies procedures governing an agency's review of the application and the process by which the agency, if it approves the application, reserves tax credits for donations to the employer-assisted housing project. The amount of the tax credits reserved must be 50% of the approved amount of the donation or the actual donation, whichever is less.

The bill also specifies procedures by which the donation is documented and achieves proper certification.

For employer-assisted housing projects, the bill allows a sponsor to aggregate a number of donations from multiple employers into a single source of funds for use in assisting eligible employees to secure housing near their workplaces. The tax credits awarded may be divided among the donors of the individual donations as determined by the sponsor.

The bill specifies that the minimum amount of a donation is $10,000; except that individual donations in an aggregated donation may be less than that amount.

The bill requires each agency that has allocated tax credits to report to the general assembly on a periodic basis on the overall economic activity, usage, and impact to the state from the employer-assisted housing projects for which it has allocated tax credits.


(Note: This summary applies to this bill as introduced.)



Status
3/1/2017 House Committee on Finance Refer Amended to Appropriations


BILL HB17-1119

Concerning the payment of workers' compensation benefits to injured employees of uninsured employers, and, in connection therewith, making an appropriation.
Sponsors: T. Kraft-Tharp | L. Sias / J. Tate | C. Jahn

The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance.

The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.


(Note: This summary applies to this bill as introduced.)



Status
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee


BILL HB17-1120

Concerning the designation of a campus liquor complex on the campus of an institution of higher education that is licensed to serve alcohol beverages for consumption on the licensed premises to allow the institution to obtain permits to serve alcohol beverages at other facilities within its campus liquor complex, and, in connection therewith, making an appropriation.
Sponsors: Y. Willett / D. Coram

Sections 1 through 4 of the bill allow a higher education institution that has a license to serve alcohol beverages for on-premises consumption to apply for designation as a campus liquor complex, thereby allowing the institution to designate multiple facilities on the campus as locations for serving alcohol beverages. An institution of higher education seeking to designate a campus liquor complex is subject to the following requirements:

Section 5 imposes a state permit fee of $75 and section 6 imposes a local permit fee of $100.

$22,150 is appropriated from the liquor enforcement division and state licensing authority cash fund for use by the liquor and tobacco enforcement division.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/24/2017 Governor Signed


BILL HB17-1123

Concerning the ability of a local government to extend the hours during which alcohol beverages may be sold for consumption on a licensed premises.
Sponsors: S. Lebsock | D. Thurlow / V. Marble

Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m.

The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments


BILL HB17-1145

Concerning authorization for amateur winemakers to enter wines in organized events.
Sponsors: L. Herod / B. Gardner

Current law exempts amateur beer brewers and winemakers from licensing. Current law also authorizes amateur beer brewers to enter their brews in organized events, such as contests, tastings, or judgings at licensed premises. The bill expands this authorization for events to winemakers who qualify for the amateur exemption. The wine portions are limited to 6 ounces and cannot be sold to the general public.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/13/2017 Governor Signed


BILL HB17-1155

Concerning the ability to cure campaign finance reporting deficiencies without penalty.
Sponsors: D. Thurlow / B. Gardner

Upon receipt of a complaint alleging that a campaign finance disclosure report alleging a failure to file other information required to be filed or disclosed pursuant to the campaign finance provisions of the state constitution or the 'Fair Campaign Practices Act' (FCPA), the bill requires the secretary of state to give notice to the particular committee by e-mail of the deficiencies alleged in the complaint.

Service of the notice does not toll or otherwise affect the 3-day period during which the secretary of state is required to refer a complaint to an administrative law judge under the state constitution. Upon receipt of the notice from the secretary of state, the committee may request from the appropriate officer a postponement of a hearing on the complaint and, if such request is timely submitted, has 15 business days from the date of the notice to file an addendum to the relevant report that cures any such deficiencies in the disclosure specified in the notice. The bill also requires the committee to also provide the complainant notice of the entity's intent to cure and a copy of the addendum on the same day that the addendum is filed with the secretary of state.

Where the committee files an addendum that cures all deficiencies alleged in the complaint before the expiration of the 15-day period specified in the bill, the bill prohibits the appropriate officer from assessing a penalty against the committee that otherwise would have been assessed for the deficiencies for the period from the first date of the alleged violation through the expiration of the cure period. Upon filing an addendum to the relevant report by the committee that cures all such deficiencies, the appropriate officer is required to set a hearing within 30 days of the notice to determine whether all issues raised by the complaint have been resolved. If the committee or party treasurer fails to cure any such discrepancy, any penalty imposed for such deficiency continues to accrue until further resolution of the matter.

The bill's requirements only apply in the case of a good faith effort by a committee to make timely disclosure in accordance with governing legal requirements or where the disclosure report is in substantial compliance with such legal requirements. The committee has the burden of demonstrating good faith or substantial compliance by a preponderance of the evidence at the hearing. Where the committee fails to satisfy its burden of demonstrating either good faith or substantial compliance, the bill requires the administrative law judge to impose a penalty of $50 per day for each day the committee has failed to file other information required to be filed or disclosed pursuant to the state constitution or the FCPA.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/28/2017 House Considered Senate Amendments - Result was to Laid Over to 05/01/2017


BILL HB17-1189

Concerning the limit on the number of terms a member of the Colorado wine industry development board may serve.
Sponsors: J. Danielson | D. Thurlow / R. Scott

Currently, the members of the Colorado wine industry development board are limited to serving one 4-year term. The bill allows a member to serve 2 full 4-year terms. Members may also continue to serve after the expiration of their terms until the appointment of a successor.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/20/2017 Signed by the President of the Senate


BILL HB17-1214

Concerning efforts to encourage employee ownership of the state's existing small businesses.
Sponsors: J. Coleman / J. Tate

The bill requires the Colorado office of economic development (office) to engage the services of a local nonprofit organization that supports and promotes the employee-owned business model to educate the staff at the office on the forms and merits of employee ownership in order for the office to promote employee ownership as part of its small business assistance center.

The bill requires the office to establish and administer a revolving loan program to assist transitions of existing businesses to employee-owned businesses. The bill specifies that the office may enter into a contract, following an open and competitive process, with a local nondepository nonprofit organization that supports and promotes the employee-owned business model, a bank, or a nondepository community development financial institution to establish and administer the revolving loan program. The bill allows the office to work with the Colorado housing and finance authority to assist in offering loans under the program. The bill specifies the types of businesses that may qualify for the program, sets a maximum amount of any loan, and specifies what the loans may and may not be used for. The bill also allows the office to seek matching private sector money to help capitalize the program.

The bill authorizes the office to accept and expend gifts, grants, and donations to capitalize the program, and may annually keep the first 15% of the money raised for administration purposes. The bill creates the revolving loan program cash fund and the money in the fund is continuously appropriated to the office.

The bill also specifies that the office is required to establish guidelines and post on its website administrative details about the revolving loan program, such as fees, costs, interest rates, and loan terms.

The bill includes a repeal of the section of law creating the program, effective July 1, 2022.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/21/2017 Senate Third Reading Passed - No Amendments


BILL HB17-1216

Concerning the creation of the sales and use tax simplification task force, and, in connection therewith, making an appropriation.
Sponsors: L. Sias | T. Kraft-Tharp / C. Jahn | T. Neville

The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is:



Status
4/28/2017 Senate Committee on Legislative Council Refer Unamended to Appropriations


BILL HB17-1229

Concerning a clarification of when a worker may be compensated for a claim of mental impairment for a psychologically traumatic event under workers' compensation.
Sponsors: J. Singer | J. Becker / J. Cooke | N. Todd

The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.
(Note: This summary applies to this bill as introduced.)



Status
4/19/2017 Senate Third Reading Passed - No Amendments


BILL HB17-1242

Concerning transportation funding, and in connection therewith, making an appropriation.
Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham

Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:

If the voters approve the ballot question:



Status
4/25/2017 Senate Committee on Finance Postpone Indefinitely


BILL HB17-1288

Concerning the penalties for DUI offenders who commit their fourth and subsequent DUI offenses.
Sponsors: L. Saine | M. Foote / J. Cooke | L. Court

Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following:

Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall:



Status
4/28/2017 Senate Second Reading Passed - No Amendments


BILL HB17-1290

Concerning the creation of the Colorado secure savings plan.
Sponsors: J. Buckner | B. Pettersen / N. Todd | K. Donovan

The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan.

The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to:

The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create.

The bill creates the fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of money in the fund for the administrative expenses of the plan. The money in the fund is not property of the state and cannot be commingled with state money.

The board must design and disseminate employer and employee information packets regarding the plan and the options for employee participation in the plan to all employers that participate in the plan.

If, based on the required financial feasibility study, the board determines that the plan will be self-sustaining and would promote greater retirement savings for private-sector employees, the board must recommend to the general assembly that the plan be implemented. The board may not implement the plan unless the general assembly, acting by bill, directs the board to implement the plan.

The bill dictates the timing for the board to implement the plan, if directed to do so by the general assembly, and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers must automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board.

The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL HB17-1305

Concerning the timing of an inquiry into a job applicant's criminal history.
Sponsors: J. Melton | M. Foote / L. Guzman

The bill applies to employers with 15 or more employees and prohibits those employers from:

An employer may obtain a job applicant's criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/24/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs


BILL HB17-1307

Concerning the creation of a family and medical leave insurance program.
Sponsors: F. Winter / D. Moreno | R. Fields

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.

Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs


BILL HB17-1314

Concerning the creation of the 'Colorado Right to Rest Act'.
Sponsors: J. Salazar | J. Melton

The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.
(Note: This summary applies to this bill as introduced.)



Status
4/19/2017 House Committee on Local Government Postpone Indefinitely


BILL HB17-1335

Concerning the ability of certain liquor licensees to allow a customer to remove vinous liquor from the licensed premises.
Sponsors: J. Melton

The bill permits certain liquor licensees to allow a customer to remove one sealed container of not more than 750 milliliters of vinous liquor from the licensed premises.


(Note: This summary applies to this bill as introduced.)



Status
4/20/2017 House Committee on Business Affairs and Labor Postpone Indefinitely


BILL SB17-001

Concerning methods to alleviate the fiscal impact of state regulations on small businesses, and, in connection therewith, enacting the 'Regulatory Relief Act of 2017'.
Sponsors: T. Neville / P. Neville

The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses.

The bill requires a state agency (agency) to give a small business (which is defined in the 'State Administrative Procedure Act' as a business with fewer than 500 employees) a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This does not apply in cases where an agency is required by statute to assess a fine for noncompliance.

The bill defines 'minor violation' as a violation that includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations and includes an exception for rules adopted by the secretary of state relating to the regulation of lobbyists.

Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/2/2017 House Committee on Business Affairs and Labor Postpone Indefinitely


BILL SB17-003

Concerning the repeal of the 'Colorado Health Benefit Exchange Act'.
Sponsors: J. Smallwood / P. Neville

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund.


(Note: This summary applies to this bill as introduced.)



Status
4/24/2017 Senate Second Reading Laid Over to 05/01/2017 - No Amendments


BILL SB17-009

Concerning an increase in the per-schedule exemption of business personal property, and, in connection therewith, making an appropriation.
Sponsors: L. Crowder / T. Leonard

There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property schedule that is equal to $7,300 for the current property tax year cycle. The bill increases the exemption to $10,000 for the next 2 property tax years and adjusts it for inflation for subsequent property tax cycles.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/19/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations


BILL SB17-017

Concerning adding stress disorders to the list of debilitating medical conditions for the purposes of the use of medical marijuana.
Sponsors: I. Aguilar / J. Singer

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/25/2017 Senate Considered House Amendments - Result was to Concur - Repass


BILL SB17-025

Concerning the development of marijuana education materials.
Sponsors: R. Baumgardner | C. Holbert / J. Singer

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill directs the department of education (department):

The bill authorizes the department to contract for the maintenance of the resource bank and the development of the curricula and directs the department to solicit input from persons within and outside of the marijuana industry.

After the resource bank and curricula are available, school districts, charter schools, and boards of cooperative services are encouraged to report to the department the effectiveness of them and recommendations for changes.

The bill authorizes resource bank expenses to be paid from the marijuana tax cash fund.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/18/2017 House Committee on Public Health Care & Human Services Refer Amended to Appropriations


BILL SB17-040

Concerning public access to files maintained by governmental bodies, and, in connection therewith, making an appropriation.
Sponsors: J. Kefalas / D. Pabon

Section 1 of the bill adds a legislative declaration.

Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government.

If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records.

If public records are stored as structured data, section 4 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested.

Section 4 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format.

If a custodian is not able to comply with a request to produce public records that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format attorney fees may be awarded only if the custodian's action was arbitrary or capricious.

Nothing in the bill requires a custodian to produce records in their native format or to release metadata.

When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian.

Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws.

Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data.

This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations.

The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household.

Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill.

If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof.

Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA.

Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications:

Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA.

Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/24/2017 House Committee on Finance Refer Amended to Appropriations


BILL SB17-112

Concerning a clarification of the effect of statutes of limitations on the dispute resolution process when a taxpayer owes sales or use tax to one local government but has erroneously paid the disputed tax to another local government.
Sponsors: T. Neville / D. Pabon

The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/18/2017 Governor Signed


BILL SB17-116

Concerning allowing a law-abiding person to carry a concealed handgun without a permit, and, in connection therewith, preserving current laws restricting the carrying of concealed handguns on certain property including public schools and reducing an appropriation.
Sponsors: T. Neville / K. Van Winkle

The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school.

The bill reduces an appropriation.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/26/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL SB17-143

Concerning the retail sale of alcohol beverages.
Sponsors: A. Williams / A. Garnett | D. Nordberg

In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include:

The bill modifies portions of the 2016 legislation as follows:



Status
3/6/2017 Senate Third Reading Lost - No Amendments


BILL SB17-152

Concerning the implementation of voter-approved changes to the Colorado constitution that make it more difficult to amend the state constitution, and, in connection therewith, prohibiting a petition for an initiated amendment to the state constitution from being submitted to voters unless the petition is signed by the constitutionally required number of registered electors who reside in each state senate district and total number of registered electors, requiring at least fifty-five percent of the votes cast on any amendment to the state constitution to adopt the amendment unless the amendment only repeals in whole or in part a provision of the state constitution, in which case requiring a majority of the votes cast on the amendment to adopt the amendment, and making an appropriation.
Sponsors: L. Court / C. Kennedy

The bill implements changes to the Colorado constitution approved by voters at the 2016 general election that make it more difficult to amend the state constitution by:

When a draft of a ballot issue that proposes a state constitutional amendment is filed with the title board, the title board must decide if the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of determining the required percentage of votes cast to adopt the amendment. The designated representatives of the proponents or any registered elector who is not satisfied with the title board's decision may appeal the decision by filing a motion for rehearing to the title board. Decisions of the title board at the rehearing on this issue may be directly appealed to the Colorado supreme court in the same manner as ballot title and fiscal impact abstract appeals.

The bill requires the secretary of state to notify proponents of a petition for an initiated state constitutional amendment of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time the petition format is approved. The secretary of state must validate signatures on a petition for an initiated state constitutional amendment by random sampling. If the random sample establishes that the number of valid signatures is 90% or less of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to deem the petition to be not sufficient. If the random sample establishes that the number of valid signatures is more than 90% of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to order the examination of each signature filed.

After the examination of a petition for an initiated constitutional amendment, the secretary of state is required to issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot. If the secretary of state declares that the petition appears not to have either a sufficient number of valid signatures from each state senate district, a sufficient total number of valid signatures, or both, the secretary of state's statement shall specify the number of sufficient and insufficient signatures from each state senate district, the total number of sufficient or insufficient signatures, or both, as applicable. The bill allows the proponents of the petition to cure an insufficiency of signatures in one or more state senate districts, the total valid signatures, or both, as applicable.

$4,120 is appropriated from the department of state cash fund for use by the department of state for personal services.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/20/2017 Signed by the Speaker of the House


BILL SB17-184

Concerning measures to define lawful consumption of marijuana.
Sponsors: B. Gardner / D. Pabon

The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications:

The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/21/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee


BILL SB17-186

Concerning methods to reduce the regulatory burden on businesses from administrative rules adopted by state agencies, and, in connection therewith, making an appropriation.
Sponsors: J. Tate / P. Lawrence | T. Carver

The 'State Administrative Procedure Act' (APA) currently defines a small business as a business with fewer than 500 employees. The bill redefines 'small business', for purposes of the APA, to mean a business entity, including its affiliates, that:

Prior to adopting rules, an agency is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines 'small business' as a business that is independently owned and operated and employs 100 or fewer employees.

When preparing the regulatory flexibility analysis, the agency shall consider methods to reduce the impact on small businesses, such as:

The agency shall also:

The agency shall file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules.

The existing provision in the APA on forming representative groups to give input on proposed rules is amended to require any state agency (agency) proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules.

The executive director of the department of regulatory agencies, or his or her designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that are prepared by state agencies.

A small business that is adversely affected or aggrieved by the failure of the agency to comply with the regulatory flexibility analysis requirements may file a request with the executive director of the department of regulatory agencies to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis.

For the 2017-18 fiscal year, the bill appropriates the following money for the implementation of the bill:



Status
4/27/2017 House Committee on Business Affairs and Labor Postpone Indefinitely


BILL SB17-192

Concerning provisions to allow marijuana businesses to operate more efficiently, and, in connection therewith, making an appropriation.
Sponsors: T. Neville / J. Singer | J. Melton

The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer.

Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/12/2017 Introduced In House - Assigned to Finance + Appropriations


BILL SB17-204

Concerning the improper denial of property and casualty insurance claims.
Sponsors: K. Priola / P. Lawrence

Current law allows a third party, 'on behalf of' the insured, to claim double damages and attorney fees from a property and casualty insurer for an unreasonable delay or denial of benefits. The bill eliminates the 'on behalf of' language so that only the named insured may claim double damages and attorney fees from a property and casualty insurer.

The bill also requires an insured to provide notice to the property and casualty insurer of the insured's intent to file for double damages and attorney fees under the law.
(Note: This summary applies to this bill as introduced.)



Status
4/26/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL SB17-237

Concerning the age of employees permitted to sell alcohol beverages at specified establishments licensed to sell alcohol beverages for consumption on the licensed premises.
Sponsors: B. Gardner | V. Marble / A. Garnett | D. Nordberg

Current law prohibits an employee of a tavern or lodging and entertainment facility who is under 21 years of age from selling malt, vinous, or spirituous liquors.

The bill permits a licensed tavern or lodging and entertainment facility that regularly serves meals to allow an employee who is at least 18 years of age but under 21 years of age to sell malt, vinous, or spirituous liquors if the employee is supervised on-site by a person who is at least 21 years of age.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/28/2017 House Third Reading Passed - No Amendments


BILL SB17-244

Concerning retail food establishment license fees.
Sponsors: K. Priola / M. Gray

Currently, retail food establishment license fees are established in statute. The bill authorizes a county or district board (local board) of health to establish fees that are lower than the fees set in statute as long as the local board is in compliance with current law regarding food safety. The bill removes language prohibiting a county government from supplanting funds from increased revenues based on increased license fees for other county programs.

The bill requires a local board that chooses to establish fees lower than those in statute to continue to remit $43 from each fee to the state treasurer.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/25/2017 Senate Considered House Amendments - Result was to Concur - Repass


BILL SB17-253

Concerning increasing the authority for certain providers of alcohol beverages to provide beverages to customers from approved sales rooms.
Sponsors: L. Guzman | V. Marble / H. McKean | A. Garnett

Currently, a brewery licensed as a wholesaler may conduct tastings and sell its alcohol beverage products at its licensed premises, and a spirits distillery or winery may do so at its licensed premises and at one additional sales room. The bill permits these licensees to operate up to 2 additional sales rooms. The brewery sales room locations are limited to three consecutive days.

Current law authorizes the state licensing authority to specify, by rule, the time by which a local licensing authority must submit a response to an application to operate a temporary sales room for not more than 3 days. The bill applies this standard to a brewery.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/28/2017 Introduced In House - Assigned to Business Affairs and Labor


BILL SB17-269

Concerning the exclusion of specified nonalcohol products from the calculation of the maximum amount of a retail liquor store's annual gross sales revenue that may be derived from the sale of nonalcohol products.
Sponsors: V. Marble | I. Aguilar / H. McKean | F. Winter

Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products.

The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/28/2017 House Third Reading Passed - No Amendments


BILL SB17-276

Concerning methods to alleviate the fiscal impact of state regulations on small businesses, and, in connection therewith, enacting the 'Regulatory Relief Act of 2017'.
Sponsors: T. Neville / P. Neville

The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses.

The bill requires a state agency (agency) to give a small business a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This cure provision does not apply in cases where an agency is required by statute to assess a fine for noncompliance.

For purposes of the cure provision, the bill defines 'small business' as a business that employs 100 or fewer employees.

The bill defines 'minor violation' as a violation that includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations.

Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses (in this case small business is a business with fewer than 500 employees as defined under the 'State Administrative Procedure Act') about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/26/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs


BILL SB17-283

Concerning a clarification of the distinction between discrimination and the fundamental right to disagree in the law regarding discrimination in places of public accommodation.
Sponsors: K. Lundberg

The bill specifies that it is not a discriminatory practice for a private business to decline to contract to provide goods or services:



Status
4/18/2017 Senate Second Reading Lost - No Amendments


BILL SB17-287

Concerning an income tax credit for charitable contributions to an eligible endowment fund.
Sponsors: K. Priola / A. Garnett

For income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money, securities, or property to an eligible endowment that is equal to 25% of the contribution. An 'eligible endowment fund' is defined in the bill as an endowment fund that is managed in accordance with the 'Uniform Prudent Management of Institutional Funds Act'.

A Colorado charitable organization that receives the credit is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue along with his or her tax return. The maximum credit an individual may claim for an income tax year is $25,000. Unused credits are not refunded but may be carried forward for up to 5 income tax years. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
4/25/2017 Introduced In House - Assigned to Finance + Appropriations