2019 Bills Sent to Governor


HB19-1001 Hospital Transparency Measures To Analyze Efficacy 
Sponsors: C. Kennedy (D) / D. Moreno (D) | B. Rankin (R)
Short Title: Hospital Transparency Measures To Analyze Efficacy
Summary: The bill requires the department of health care policy and financing (department), in consultation with the Colorado healthcare affordability and sustainability enterprise board, to develop and prepare an annual report detailing uncompensated hospital costs and the different categories of expenditures made by hospitals in the state (hospital Capital letters or bold & italic numbers indicate new material to be added to existing statute. expenditure report). In compiling the hospital expenditure report, the department shall use publicly available data sources whenever possible. Each hospital in the state is required to make available to the department certain information, including: * Hospital cost reports submitted to the federal centers for medicare and medicaid services; * Annual audited financial statements; except that, if a hospital is part of a consolidated or combined group, the hospital may submit a consolidated or combined financial statement if the group''s statement separately identifies the information for each of the group''s licensed hospitals; * The total amount of unreimbursed care; * The gross patient service revenue; * Any property, plant, equipment, and accumulated depreciation; * All operating expenses; * Staffing information; * The total number of available beds and licensed beds; * The total number of inpatient surgeries; * The total number of births and newborn patient days; * The total number of admissions from the emergency department; and * Other gross charges categorized by primary care provider. The hospital expenditure report must include, but not be limited to: * A description of the methods of analysis and definitions of report components by payer group; * Uncompensated care costs by payer group; and * The percentage that different categories of expenses contribute to overall expenses of hospitals. The department is required to submit the hospital expenditure report to the governor, specified committees of the general assembly, and the medical services board in the department. The department is also directed to post the hospital expenditure report on the department''s website.
Status: 3/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1004 Proposal For Affordable Health Coverage Option 
Sponsors: D. Roberts (D) | M. Catlin (R) / K. Donovan (D)
Short Title: Proposal For Affordable Health Coverage Option
Summary: The bill requires the department of health care policy and Capital letters or bold & italic numbers indicate new material to be added to existing statute. financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session. The proposal must contain a detailed analysis of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the bill. The proposal must also identify any necessary changes to state law to implement the proposal. In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session. The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Sponsors: J. Melton (D) | L. Herod (D) / M. Foote (D) | R. Rodriguez (D)
Short Title: Limits On Job Applicant Criminal History Inquiries
Summary: The bill prohibits employers from: * Advertising that a person with a criminal history may not apply for a position; * Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Capital letters or bold & italic numbers indicate new material to be added to existing statute. * Inquiring about an applicant''s criminal history on an initial application. An employer may obtain a job applicant''s criminal history at any time. An employer is exempt from the restrictions on advertising and initial employment applications when: * The law prohibits a person who has a particular criminal history from being employed in a particular job; * The employer is participating in a program to encourage employment of people with criminal histories; or * The employer is required by law to conduct a criminal history record check for the particular position. 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 anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.
Status: 5/31/2019 Governor Became Law
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News: Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.

HB19-1136 State Auditor Access To Records For Audits 
Sponsors: T. Kraft-Tharp (D) | L. Saine (R) / J. Smallwood (R) | N. Todd (D)
Short Title: State Auditor Access To Records For Audits
Summary: Audit Committee. Under current law, the state auditor (auditor) generally has access at all times to all of the books, accounts, reports, vouchers, or other records or information in any state department, institution, or agency that is the subject of a performance or financial audit the auditor conducts. Section 2 of the bill extends the same authority to performance or financial audits the auditor conducts of: * The Colorado new energy improvement district and the new energy improvement program; * The use of money in the state historical fund that is used for the preservation and restoration of the cities of Central, Black Hawk, and Cripple Creek; * The health benefit exchange; and * Community-centered boards. The authority of the auditor or his or her designated representative to access books, accounts, reports, vouchers, or other records or information provided in connection with the audit of the use of money in the state historical fund terminates on the date the final audit report is released by the legislative audit committee. Under current law, any state employee or other individual acting in an oversight role as a member of a state committee, board, or commission who willfully and knowingly discloses the contents of any report prepared by or at the direction of the auditor prior to the release of such report by a majority vote of the legislative audit committee is guilty of a misdemeanor and, upon conviction, shall be punished by a fine. Section 1 extends the same criminal liability and penalty to any employee or other individual acting in an oversight role with respect to any audit of an entity, program, or use of money specified in the bill
Status: 3/11/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1166 Name-based Criminal History Record Checks 
Sponsors: J. Singer (D) | C. Larson (R) / R. Zenzinger (D)
Short Title: Name-based Criminal History Record Checks
Summary: Current law requires certain people, including applicants for certain licenses, employment, or volunteer activities, to undergo a fingerprint-based criminal history record check. The bill adds the requirement that the person submit to a name-based criminal history record check when the fingerprint-based check reveals a record of arrest but does not show a disposition in the case.
Status: 4/18/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1168 State Innovation Waiver Reinsurance Program 
Sponsors: J. McCluskie (D) | J. Rich (R) / K. Donovan (D) | B. Rankin (R)
Short Title: State Innovation Waiver Reinsurance Program
Summary: The bill authorizes the commissioner of insurance to apply to the secretary of the United States department of health and human services for a state innovation waiver, for federal funding, or both, to allow the state to implement and operate a reinsurance program to assist health insurers in paying high-cost insurance claims. The state cannot implement the program absent waiver or funding approval from the secretary. The program is established as an enterprise for purposes of section 20 of article X of the state constitution. The division of insurance is to include an update regarding the program in its annual "SMART Act" report, and the program is subject to sunset review and repeal in 5 years.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1175 Property Tax Valuation Appeal Process 
Sponsors: M. Gray (D) / J. Gonzales (D)
Short Title: Property Tax Valuation Appeal Process
Summary: For counties that have elected to use the alternate protest and appeal procedures, section 1 of the bill requires: A taxpayer who owns rent-producing commercial real property to provide the assessor with property rental information (rental information) on or before July 15 of the year of the appeal; and The county assessor to mail the notice of determination regarding the appeal by August 15 of the year of the appeal instead of the last working day in August. For all counties, section 2 modifies: The rental information that a petitioner appealing the valuation of rent-producing commercial property or the denial of an abatement must provide to a county; and The information related to a county''s determination of the value that a county is required to provide to a petitioner who has filed an appeal with the board of assessment appeals. A petitioner who provides rental information to an assessor as part of an alternate protest and appeal is not required to provide the same information in an appeal of the valuation.
Status: 3/21/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1176 Health Care Cost Savings Act of 2019 
Sponsors: E. Sirota (D) | S. Jaquez Lewis (D) / M. Foote (D)
Short Title: Health Care Cost Savings Act of 2019
Summary: The bill creates the health care cost analysis task force (task force). The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint 2 legislative members to the task force. The governor shall appoint 9 members to the task force. The executive directors of the departments of human services, public health and environment, and health care policy and financing, or their designees, also serve on the task force. The task force is required to issue a request for proposals and select an analyst to complete a health care cost analysis of 4 health care financing systems. The health care financing systems to be analyzed are: The current health care financing system, in which residents receive health care coverage from private and public insurance carriers or are uninsured; A public option system in which health benefit plans are sold through, and revenues and premiums are received from, the Colorado health benefit exchange, with additional funding as necessary through the general fund; A multi-payer universal health care financing system, in which competing insurance carriers or health maintenance organizations receive payments from a public financing authority; and A publicly financed and privately delivered universal health care system that directly compensates providers. The analyst is required to use the same specified criteria when conducting the analysis of each health care financing system. The task force is required to report the findings of the analyst to the general assembly. The task force may seek, accept, and expend gifts, grants, and donations for the analysis. The general assembly may appropriate money to the health care cost analysis cash fund for the purposes of the task force, the analysis, and reporting requirements.
Status: 5/31/2019 Governor Signed
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
Position: Actively Monitor
News:

HB19-1189 Wage Garnishment Reform 
Sponsors: M. Gray (D) | A. Valdez (D) / J. Bridges (D) | R. Fields (D)
Short Title: Wage Garnishment Reform
Summary:

Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.

Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The act also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings.

The act creates an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual's family. The act also requires clearer and more timely notice to an individual whose wages are being garnished and gives the individual more time after receiving the notice before garnishment starts.

The act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


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

Status: 5/21/2019 Signed by Governor
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1210 Local Government Minimum Wage 
Sponsors: J. Melton (D) | R. Galindo / J. Danielson (D) | D. Moreno (D)
Short Title: Local Government Minimum Wage
Summary: The bill allows a unit of local government to enact laws establishing a minimum wage within its jurisdiction.
Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB19-1228 Increase Tax Credit Allocation Affordable Housing 
Sponsors: S. Bird (D) | B. Titone (D) / R. Zenzinger (D) | J. Tate (R)
Short Title: Increase Tax Credit Allocation Affordable Housing
Summary: Currently, under the affordable housing tax credit, during each calendar year of the period beginning in 2015 and ending in 2024 the Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually. The bill increases the annual aggregate cap to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

HB19-1239 Census Outreach Grant Program 
Sponsors: K. Tipper (D) | Y. Caraveo (D) / K. Priola (R) | F. Winter (D)
Short Title: Census Outreach Grant Program
Summary: In the division of local government (division) the bill creates the 2020 census outreach grant program (grant program) in the department of local affairs (department) to provide grants to local governments, intergovernmental agencies, councils of government, housing authorities, school districts, and nonprofit organizations (eligible recipients) to support the accurate counting of the population of the state for the 2020 census. The department, in coordination with the grant program committee (committee), which is also created in the division, is required to implement and administer the grant program and to develop policies and procedures necessary for such implementation and administration. The committee is created in the division to make recommendations to the department regarding the policies and procedures to review grant applications and to make recommendations to the department regarding which applications to approve for the grant award. The committee consists of 7 members, 3 of whom are appointed by the governor and 4 of whom are appointed, one each, by the speaker of the house of representatives, the president of the senate, and the minority leaders of the house of representatives and the senate. The bill specifies that eligible recipients may use grant money to conduct 2020 census outreach, promotion, and education to focus on hard-to-count communities in the state and to increase the self-response rate and accuracy of the 2020 census. Eligible recipients may also use grant money to further award grants to other local governments, intergovernmental agencies, councils of government, housing authorities, school districts, or nonprofit organizations. To receive a grant, an eligible recipient must submit an application to the department in accordance with the policies and procedures developed by the department. The bill specifies the information that an application must include at a minimum. The committee is required to review the applications received and to make recommendations to the department regarding which grant applications to approve. In developing its recommendations, the committee is required to consider whether the eligible recipient will be conducting outreach in hard-to-count communities and the size and geographic and demographic diversity of the hard-to-count communities in which outreach, education, and promotion of the 2020 census will occur as provided by all eligible recipients that receive grant money. Subject to available appropriations and in accordance with the recommendation of the committee, the department is required to award grants for the purposes of the grant program on or before November 1, 2019, and to distribute the grant money to eligible recipients that were awarded grants within 30 days after the grants are awarded. Each eligible recipient that received a grant through the grant program is required to submit a report to the department including information to be determined by the department. The department is required to submit a report to the local government committees of the senate and the house of representatives, or any successor committees, and to the governor regarding the census outreach conducted through the grant program. For the 2019-20 fiscal year, the bill directs the general assembly to appropriate $12 million to the department to award grants to eligible recipients for the purposes of the grant program. In addition, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources for the purposes of the grant program. On or before May 1, 2026, and on or before May 1 every 10 years thereafter, the department and the office of the governor are required to develop a strategic action plan, including a discussion of necessary funding for the plan, for outreach and promotion for a successful count of the population in Colorado during the upcoming decennial census.
Status: 5/23/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Support
News:

HB19-1240 Sales And Use Tax Administration 
Sponsors: T. Kraft-Tharp (D) | K. Van Winkle (R) / L. Court (D) | J. Tate (R)
Short Title: Sales And Use Tax Administration
Summary: The bill: * Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; * Codifies the department of revenue''s destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business'' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; * Requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller''s tangible personal property, commodities, or services through the marketplace facilitator''s marketplace and also: * Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; * Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and * Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and * Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295 but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.
Status: 5/23/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB19-1245 Affordable Housing Funding From Vendor Fee Changes 
Sponsors: M. Weissman (D) / J. Gonzales (D) | M. Foote (D)
Short Title: Affordable Housing Funding From Vendor Fee Changes
Summary: The state treasurer is required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes that result from the bill to the housing development grant fund, which the division of housing in the department of local affairs (division) uses to make grants and loans to improve, preserve, or expand the supply of affordable housing in the state. The division is required to annually award at least 1/3 of this money for affordable housing projects for households whose annual income is less than or equal to 30% of the area median income. The increase in sales taxes attributable to the vendor fee changes that result from the bill are excluded from the definition of "state sales tax increment revenue" for purposes of the "Colorado Regional Tourism Act" so that the increase is payable to the state and not an applicable financing entity. A retailer who collects state sales tax is currently allowed to retain 3 1/3% of the state sales taxes collected as compensation for the retailer''s expenses incurred in collecting and remitting the tax (vendor fee). Beginning January 1, 2020, the bill increases the vendor fee to 4% and establishes a $1,000 monthly cap on the vendor fee. This limit applies regardless of the number of the retailer''s locations. A vendor with multiple locations is required to register all locations under one account with the department of revenue. The changes to the state vendor fee do not apply to a local government that imposes a sales tax and permits a vendor fee that is based on the state''s vendor fee. The sales and use tax revenue that is deposited in the housing development grant fund for the state fiscal year 2019-20 is reduced by a specified amount to cover the department of revenue''s expenses to make the IT changes necessary to implement the bill, which results in a corresponding increase in the general fund. In turn, this amount is appropriated from the general fund to the department of revenue for this purpose.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

HB19-1248 Lobbyist Transparency Act 
Sponsors: M. Weissman (D) | L. Cutter (D) / M. Foote (D)
Short Title: Lobbyist Transparency Act
Summary: Sections 2 and 3 of the bill clarify that the term "client" used in connection with statutory provisions regulating lobbyists means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. They also clarify that a professional lobbyist is not, for purposes of the statute, a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. Section 3 clarifies that existing provisions that require heightened disclosure when a lobbyist enters into an agreement to engage in lobbying apply when the general assembly is in regular or special session. In addition to any other disclosure, during the period that the general assembly is in regular or special session, section 3 also requires a professional lobbyist to notify the secretary of state by means of the electronic filing system within 48 hours after: * The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or * The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist. During this period, where the lobbyist either agrees to undertake the expanded representation, the disclosure required by the bill includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position. The bill also states that an attorney who is a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client. In connection with any requirement under existing law to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist is also required to disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf.
Status: 5/21/2019 Signed by Governor
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB19-1256 Electronic Filing Of Certain Taxes 
Sponsors: M. Gray (D) | M. Snyder (D) / N. Todd (D)
Short Title: Electronic Filing Of Certain Taxes
Summary: For taxable periods beginning on or after January 1, 2020, or the date when the executive director of the department of revenue (department) establishes a system for electronic filing, whichever is later, the bill requires any taxpayer, not including individual income taxpayers, to both file returns and pay amounts due electronically; except that for certain types of taxes the department is required to stagger the implementation of mandatory filing for each tax type.
Status: 5/31/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1257 Voter Approval To Retain Revenue For Ed & Transp 
Sponsors: K. Becker (D) | J. McCluskie (D) / L. Court (D) | K. Priola (R)
Short Title: Voter Approval To Retain Revenue For Ed & Transp
Summary: Beginning with the 2018-19 fiscal year, the bill authorizes the state to annually retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending that the state would otherwise be required to refund. The bill is a referendum that will be submitted to the voters at the statewide election held on November 5, 2019, and approval of the ballot title at the election constitutes a voter-approved revenue change to the constitutional limitation on state fiscal year spending. If approved, an amount of money equal to the state revenues retained under this measure is designated as part of the general fund exempt account. The general assembly is required to appropriate or the state treasurer is required to transfer this money to provide funding for: Public schools; Higher education; and Roads, bridges, and transit. Legislative council staff will be required to specify this retained amount and its associated uses in an annual report that it currently prepares related to revenue retained and spent under referendum C. In addition, the state auditor is required to contract with a private entity to annually conduct a financial audit regarding the use of the money that the state retains and spends under this measure.
Status: 6/5/2019 Sent to the Governor
Calendar Notification: NOT ON CALENDAR
Position: Actively Support
News:

HB19-1258 Allocate Voter-approved Revenue For Education & Transportation 
Sponsors: K. Becker (D) | J. McCluskie (D) / L. Court (D) | K. Priola (R)
Short Title: Allocate Voter-approved Revenue For Education & Transportation
Summary: The bill is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. If the measure passes, in years when the state retains and spends revenue under the authority of the measure there will be additional revenue in the general fund exempt account (account). Section 1 of the bill requires 1/3 of this money in the account to be allocated to each of the purposes approved by voters, which are: Public schools; Higher education; and Roads, bridges, and transit. The general assembly is required to appropriate the money for public schools and higher education for the state fiscal year after the state retains the revenue under the authority of the voter-approved revenue change, with an exception for the state fiscal year 2018-19. The money appropriated for public schools must be distributed on a per pupil basis and used by public schools only for nonrecurring expenses for the purpose of improving classrooms, and it may not be used as part of a district reserve. The state treasurer is required to transfer the remaining 1/3 of the money to the highway users tax fund (HUTF) after the state treasurer receives a report certifying the state''s TABOR revenues (report). Section 3 clarifies that the report must include the money that the state keeps and spends as a result of the 2019 measure, and that this amount must be reported separately from the referendum C money in the account. Under section 4 the money the state treasurer transfers to the HUTF is allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. Under section 5 no more than 90% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 10% must be expended for transit purposes or for transit-related capital improvements. Section 2 includes a conforming amendment to ensure that the allocation for the referendum C money does not apply to any new revenue in the account as a result of the 2019 voter approval.
Status: 6/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Support
News:

HB19-1262 State Funding For Full-day Kindergarten 
Sponsors: J. Wilson (R) | B. McLachlan (D) / J. Bridges (D) | R. Fields (D)
Short Title: State Funding For Full-day Kindergarten
Summary: Under existing law, the school finance formula provides funding for half-day kindergarten educational programs plus a small additional amount of supplemental kindergarten funding. The bill provides funding through the school finance formula for full-day kindergarten educational programs. A student enrolled in a full-day kindergarten educational program will be funded at the same amount as students enrolled full-time in other grades. A student enrolled in a half-day kindergarten educational program will be funded as a half-day student plus the existing amount of supplemental kindergarten funding. Under existing law, many school districts charge parents of students enrolled in full-day kindergarten a fee to fund the full-day kindergarten educational program. After passage of the bill, a school district or a charter school that provides a full-day kindergarten educational program shall not charge fees for attending kindergarten other than those fees that are routinely charged to parents of students enrolled in other grades and are applicable to the kindergarten educational program. However, if the general assembly stops funding kindergarten students as full-time pupils, then a school district or charter school may resume charging a fee or tuition for the unfunded portion of the school day. Under existing law, a school district may use a half-day preschool position to enroll a child in full-day kindergarten. The bill prohibits using a preschool position to enroll a child in full-day kindergarten. A school district that used preschool positions in this manner in the 2018-19 budget year will retain the positions in the 2019-20 budget year and budget years thereafter to the extent the school district fills the positions with preschool students. The bill directs a school district that is not offering a full-day kindergarten educational program as of the 2019-20 school year to submit a plan to the department of education addressing how it could phase in a full-day kindergarten educational program, but a school district is not required to offer a full-day kindergarten educational program. If a charter school seeks to expand an existing half-day kindergarten educational program to full day, it must notify the charter authorizer and amend the charter contract, if necessary. If the authorizer objects to the program expansion, the charter school and the authorizer must negotiate a change to the charter contract. If the parties cannot agree, the charter school may appeal the issue to the state board of education for a determination. Any renegotiation of the charter school's contract must be limited to the issue of expanding the kindergarten educational program.
Status: 5/21/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

HB19-1264 Conservation Easement Tax Credit Modifications 
Sponsors: D. Roberts (D) | J. Wilson (R) / F. Winter (D) | K. Donovan (D)
Short Title: Conservation Easement Tax Credit Modifications
Summary: A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party (holder), which monitors the use of the land and ensures that the terms of the agreement are upheld. A state income tax credit is currently allowed for a portion of the value of a donated conservation easement. The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The bill extends the repeal dates for each to July 1, 2026. In addition, the bill would: Eliminate a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers; Relocate and modify certain provisions governing the creation and valuation of conservation easements; Allow the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement; Modify provisions governing a conservation easement working group convened to address specified issues relating to claiming a state income tax credit for the donation of a conservation easement; Require the owner of property who is granting a conservation easement to execute a disclosure form developed by the division of conservation and the conservation easement oversight commission regarding the easement; Modify provisions governing when a conservation easement may be extinguished; Prohibit a conservation easement for which a state income tax credit has been allowed from being released, terminated, extinguished, or abandoned by merger, which occurs when the same entity holds both the easement and the land subject to the easement; Increase the percentage of the value of a conservation easement that may be claimed as an income tax credit and the total amount that may be claimed for the easement, while limiting the amount of credits that may be issued per year; and Make an appropriation to Colorado state university to facilitate the provision of public access to the Colorado ownership, management, and protection (COMaP) service which maintains a database and corresponding map of conservation easements and other protected lands in Colorado. Additionally, the bill makes conforming amendments to certain statutory sections contained in HB 19-1172, which recodifies title 12, to ensure that the provisions of the bill will be effective if HB 19-1172 becomes law.
Status: 6/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB19-1266 Restore Voting Rights Parolees 
Sponsors: L. Herod (D) / S. Fenberg (D)
Short Title: Restore Voting Rights Parolees
Summary: Existing law prohibits a person serving a sentence of parole from being eligible to register to vote or to vote in any election. Section 1 of the bill declares that the purposes of parole are served by restoring the vote to persons serving a sentence of parole. Section 2 clarifies that, for purposes of the "Uniform Election Code" and for applying state constitutional provisions governing disenfranchisement during imprisonment, persons sentenced to parole have completed their "full term of imprisonment" as that term appears in the state constitution. Section 3 makes an individual serving a sentence of parole eligible to register to vote and to vote in any election. Section 4 requires the division of adult parole to provide an individual sentenced to parole information regarding the individual''s voting rights, how the individual may register to vote and cast a ballot, and how the individual may obtain voter information materials. Section 5 repeals existing statutory provisions permitting a person on parole to preregister to vote so that the person is automatically registered to vote after being released from parole.
Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1282 Court-appointed Special Advocate Program Oversight 
Sponsors: J. Singer (D) | D. Michaelson Jenet (D) / J. Smallwood (R) | K. Donovan (D)
Short Title: Court-appointed Special Advocate Program Oversight
Summary: Under existing law, the office of the child''s representative oversees court-appointed special advocate (CASA) programs and is authorized to enter into an agreement with a nonprofit entity to provide coordination and support of CASA activities in Colorado. The bill moves statewide oversight of CASA programs and the authority to enter into an agreement with a nonprofit entity to the state court administrator.
Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1318 The Clean Campaign Act Of 2019 
Sponsors: M. Weissman (D) / J. Bridges (D) | M. Foote (D)
Short Title: The Clean Campaign Act Of 2019
Summary: Section 2 of the bill prohibits an issue committee or small-scale issue committee from knowingly accepting contributions from: Any natural person who is not a citizen of the United States; A foreign government; or Any foreign corporation that does not have the authority to transact business in this state. Under the bill, a natural person who is not a citizen of the United States, a foreign government, or a foreign corporation is prohibited from establishing, registering, or maintaining a political committee, small donor committee, political party, issue committee, or small-scale issue committee, or making an electioneering communication or regular biennial school electioneering communication. If, within the 6 months before becoming a candidate for public office, a person actively solicits funds for an independent expenditure committee with the intent of benefitting his or her future candidacy, any expenditure made by that independent expenditure committee in that candidate''s race is presumed to be controlled by or coordinated with that candidate and deemed to constitute both a contribution by the maker of the expenditures, and an expenditure by the candidate committee. Section 3 extends existing restrictions barring a foreign corporation from expending money on an independent expenditure to include a natural person who is not a citizen of the United States, or a foreign government. The bill also prohibits an independent expenditure committee from knowingly accepting a donation from any natural person who is not a citizen of the United States, any foreign government, or any foreign corporation. The bill expands existing requirements requiring a disclaimer to include communication placed on a website, streaming media service, or an online forum for a fee, or that is otherwise distributed. Existing requirements pertaining to the nature of the disclaimer are expanded to include online video or audio communications. Any corporation, labor organization, or independent expenditure committee (covered organization) that contributes, donates, or transfers $10,000 or more to any person during any one calendar year earmarked for the purpose of making an independent expenditure or electioneering communication must provide to the recipient of the contribution, donation, or transfer a written affirmation. Any covered organization that transfers $10,000 or more to any person, earmarked for the purpose of that person making a contribution, donation, or transfer to pay for an independent expenditure or electioneering communication, during any one calendar year, must provide to the recipient of the transfer a written affirmation. Particular disclosure requirements are made applicable to a covered organization that is not a for-profit organization. The bill prohibits any person from accepting a contribution, donation, or transfer from a covered organization unless the covered organization provides a written affirmation. The bill describes the required contents of the affirmation. Section 4 repeals and reenacts existing statutory provisions addressing small-scale issue committees and, in particular, specifies requirements governing when such committees are required to disclose and file reports of their contributions or expenditures. Under existing law, an issue committee making an expenditure in excess of $1,000 on a communication is required to disclose in the communication the name of the issue committee making the expenditure. Section 5 expands these requirements so they apply to a candidate committee, political committee, small donor committee, political organization, political party, or other person, as well as an issue committee, making or spending more than $1,000 per calendar year on a communication. The bill also extends these requirements to communication placed on a website, streaming media service, or online forum for a fee. Instead of requiring that the communication disclose certain information, the bill requires that the responsible person include in the communication a disclaimer statement. The bill specifies the contents of the disclaimer statement.
Status: 5/31/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB19-1319 Incentives Developers Facilitate Affordable Housing 
Sponsors: S. Bird (D) | H. McKean (R) / F. Winter (D) | D. Hisey (R)
Short Title: Incentives Developers Facilitate Affordable Housing
Summary: Not later than July 1, 2020, section 2 of the bill requires each state agency and state institution of higher education that is currently required to report to the office of the state architect (office) all acquisitions of real property by the agency or institution and to identify each vacant facility under its control to also submit to the office a list of all nondeveloped real property owned by or under the control of the agency or institution. The bill requires each agency and institution to routinely update the real property information provided to the office. The office is required to supplement the report it makes available to the members of the capital development committee with the information provided by the agencies and institutions under the bill. Not later than January 15, 2021, the bill requires the office to transmit to the division of housing (division) within the department of local affairs (department) a summary of the information it obtains pursuant to the bill in a manner that will allow members of the public to easily identify parcels of nondeveloped real property that are owned by or under the control of state agencies or institutions. On an annual basis thereafter, the office is required to transmit to the division any supplemental information that the state agencies and institutions provide to it. The division is required to post the information in a user-friendly format on a page on the website maintained by the department that is dedicated to the division. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation the earnings of which do not inure to a private shareholder, the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation is a general partner of a partnership that was formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. Under section 4 , for property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the bill, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB19-1320 Hospital Community Benefit Accountability 
Sponsors: C. Kennedy (D) | S. Lontine (D) / F. Winter (D)
Short Title: Hospital Community Benefit Accountability
Summary: The bill requires the following hospitals to complete an annual community health needs assessment and an annual community benefit implementation plan: A hospital that is licensed as a general hospital and exempt from federal taxation pursuant to section 501 (c)(3) of the federal internal revenue code; A hospital established pursuant to the Denver health and hospital authority; or A hospital established pursuant to the University of Colorado hospital authority. Each such hospital must report to the department of health care policy and financing (department) concerning certain community benefits, costs, and shortfalls in the preceding year, and the department is required to submit an annual summary report to subject matter committees of the general assembly. Hospitals that are licensed as general hospitals but that are not required to report may report in like fashion.
Status: 5/16/2019 Governor Signed
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
Position: Actively Monitor
News:

HB19-1323 Occasional Sales By Charitable Organizations 
Sponsors: L. Herod (D) | K. Van Winkle (R) / N. Todd (D) | P. Lundeen (R)
Short Title: Occasional Sales By Charitable Organizations
Summary: Under current law, up to $25,000 of the funds raised by a charitable organization through occasional sales are exempt from state sales tax. The bill increases that amount to $45,000. The bill also removes the requirement that occasional sales by charitable organizations take place for no more than 12 days, whether consecutive or not, during any calendar year.
Status: 5/23/2019 Governor Signed
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE - CONSENT CALENDAR
(1) in senate calendar.
Position: Strongly Support
News:

SB19-004 Address High-cost Health Insurance Pilot Program 
Sponsors: K. Donovan (D) / D. Roberts (D) | J. McCluskie (D)
Short Title: Address High-cost Health Insurance Pilot Program
Summary: Sections 1 and 2 of the bill authorize the state personnel director to explore the feasibility of offering and, if feasible, to develop and implement a one-year pilot program in a limited geographic region of the state affected by high health insurance premiums to provide access to individuals in that region to participate in the group medical benefit plans offered to state employees. The pilot program would be available: * In the portions of Eagle and Garfield counties that are within the service area of the state group benefit plans; * To a limited number of individuals whose household income is more than 400 % but not more than 500 % of the federal poverty line; and * In the 2019-20 benefit plan year. Section 2 outlines the factors for the state personnel director to consider in determining the feasibility of the pilot program. Sections 3 through 15 modernize laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-006 Electronic Sales And Use Tax Simplification System 
Sponsors: A. Williams (D) / T. Kraft-Tharp (D) | K. Van Winkle (R)
Short Title: Electronic Sales And Use Tax Simplification System
Summary: Sales and Use Tax Simplification Task Force. The bill requires the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the department to involve stakeholders to develop the scope of work. The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction. The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years.
Status: 4/12/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

SB19-057 Employee Information Student Loan Repayment Programs 
Sponsors: T. Story (D) | S. Fenberg (D) / J. McCluskie (D)
Short Title: Employee Information Student Loan Repayment Programs
Summary:

Distribution of student loan repayment information - public service employees. The act requires the department of personnel to develop and annually facilitate the distribution of informational materials to state employees concerning federal student loan repayment programs and loan forgiveness programs for which state employees may be eligible. The department of personnel may use existing federal informational materials, if available. The informational materials may be distributed by e-mail or through a regular mailing or communication to state employees. The department of personnel shall update the materials at least annually and facilitate the distribution of any updated materials.

In addition, the department of personnel shall distribute the informational materials to:

  • The department of education, for distribution to school district, charter school, institute charter school, and boards of cooperative services employees;
  • The department of higher education, for distribution to employees at state institutions of higher education;
  • The secretary of state, for dissemination to nonprofit public service organizations, as defined in the act, with encouragement for these organizations to distribute the informational materials to their employees; and
  • The division of local government in the department of local affairs, for distribution to cities, counties, cities and counties, special districts, and other local government entities, with encouragement for those entities to distribute the informational materials to their employees.
    (Note: This summary applies to this bill as enacted.)

Status: 3/15/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB19-078 Open Internet Customer Protections In Colorado 
Sponsors: K. Donovan (D) | J. Bridges (D) / C. Hansen (D) | L. Herod (D)
Short Title: Open Internet Customer Protections In Colorado
Summary: Section 1 of the bill disqualifies an internet service provider (ISP) from receiving money from the high cost support mechanism if the ISP engages in any of the following practices: * Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices; * Engaging in paid prioritization of internet content; * Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a device unless the impairment or degradation is conducted in a manner consistent with reasonable network management practices; or * Not providing reasonable transparency regarding its network management practices. Section 1 also requires that, if an ISP is found to have engaged in any of the practices listed above, the ISP must refund any money that it received in the prior 24 months from the high cost support mechanism or from any other state support mechanism or other state funding source established to help finance broadband deployment. Section 2 requires the broadband deployment board (board) to periodically review the federal trade commission''s and federal communications commission''s websites to identify any actions the federal agencies may have taken against an ISP that seeks or has received broadband deployment grant money from the board. If the board determines from a review of the federal agency action that the ISP engaged in one of the practices listed above, the board shall deny the application or inform the public utilities commission of the action. Section 3 requires the attorney general or the attorney general''s designee, in collaboration with the board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an ISP has engaged in any of the practices that violate federal law regarding interference with the open internet. The department of law shall post the guidance on its website. Section 4 requires a governmental body, when contracting for broadband internet access service, to give preference to an ISP that certifies to the governmental body that it will not engage in any of the practices listed in section 1.
Status: 5/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-085 Equal Pay For Equal Work Act 
Sponsors: J. Danielson (D) | B. Pettersen (D) / J. Buckner (D) | S. Gonzales-Gutierrez (D)
Short Title: Equal Pay For Equal Work Act
Summary: The bill removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill. The bill allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is based upon one or more factors, including: * A seniority system; * A merit system; or * A system that measures earnings by quantity or quality of production. The bill prohibits an employer from: * Seeking the wage rate history of a prospective employee; * Relying on a prior wage rate to determine a wage rate; * Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; and * Discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer. The bill requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation.
Status: 5/22/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News: Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.

SB19-086 Update Business Entity Laws 
Sponsors: P. Lee (D) / S. Bird (D)
Short Title: Update Business Entity Laws
Summary: The bill makes the following changes to the "Colorado Business Corporation Act" (CBCA) and conforming changes to the "Colorado Corporations and Associations Act" (CCAA): * Deletes definitions in the CCAA that are no longer necessary (section 1); * Updates provisions in the CCAA to clarify conversions and mergers of entities and exchanges of owners' interests in entities (sections 2 through 18); * Updates provisions in the CCAA addressing the requirements for the name of an entity formed under Colorado law or qualified to do business in Colorado as a foreign entity (sections 19 through 21); * Updates provisions in the CCAA regarding court proceedings that may be filed by a dissolved Colorado entity for a determination of the amount and form of security to be provided for payment of claims that are contingent or unknown or that arose from events occurring after dissolution (sections 22 through 24); * Adds definitions to and updates definitions in the CBCA (section 25); * Reorganizes certain provisions that are optional to include in the articles of incorporation of a Colorado corporation so that they appear in a single location to avoid confusion (section 28); * Adds an optional forum selection provision similar to that found in other states and the "Model Business Corporation Act" (section 29); * Adds a provision for ratification of defective corporate actions similar to that found in other states and the "Model Business Corporation Act" (section 31); * Updates provisions for proxies and treatment for voting purposes of shares held by intermediaries and nominees (sections 32 and 33); * Updates provisions for the general standards of conduct for directors and officers and standards of liabilities for directors (section 36); * Updates provisions dealing with conflicting interest transactions and corporate opportunities (section 37); * Updates provisions dealing with indemnification of directors, officers, employees, fiduciaries, and agents, and advancement of expenses (sections 39 through 47); * Updates provisions dealing with corporate mergers, conversions, and exchanges by reference to the updated provisions in the CCAA (sections 48 through 56); * Repeals and reenacts, with amendments, former article 113 of title 7, Colorado Revised Statutes, relating to dissenters' rights and substitutes provisions to define the procedure to obtain appraisal rights in lieu of dissenters' rights (section 57); and * Updates the provisions providing for the grounds and procedures for seeking judicial dissolution and providing for an election by one or more shareholders to purchase shares owned by the petitioning shareholders in lieu of proceeding with judicial dissolution (sections 58 through 61). The bill also updates certain provisions of articles 55 and 56 of title 7, Colorado Revised Statutes, regarding various forms of cooperatives, as well as articles 41 (domestic associations organized as savings and loan associations) and 103 (state banks) of title 11, Colorado Revised Statutes, to be consistent with changes made in the CBCA (sections 64 through 66, 69, and 70).
Status: 5/13/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB19-105 Colorado Uniform Directed Trust Act 
Sponsors: R. Rodriguez (D) / K. Tipper (D)
Short Title: Colorado Uniform Directed Trust Act
Summary: Colorado Commission on Uniform State Laws. Under current law, the administration of trusts, including directed trusts, is generally governed by certain provisions in the probate code. The bill repeals provisions governing directed trustees and creates a new "Colorado Uniform Directed Trust Act" (act). The new act includes provisions concerning: * Judicial proceedings; * Trust directors' powers; * Duties and liabilities of trust directors and directed trustees; and * Powers that are excluded from the act. The bill makes conforming amendments
Status: 3/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-109 Adjust Damages Limitations For Inflation 
Sponsors: S. Fenberg (D) / A. Garnett (D)
Short Title: Adjust Damages Limitations For Inflation
Summary: The limitations on the amount of damages for unlawfully serving alcohol, for noneconomic loss or injury, and for wrongful death were last adjusted for inflation on January 1, 2008. The bill adjusts those damage limitations for inflation on January 1, 2020, and each January 1 every 2 years thereafter.
Status: 4/8/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB19-135 State Procurement Disparity Study 
Sponsors: A. Williams (D) | R. Rodriguez (D) / J. Buckner (D) | B. Buentello (D)
Short Title: State Procurement Disparity Study
Summary: Capital letters or bold & italic numbers indicate new material to be added to existing statute. To ascertain whether disparities exist between the participation of historically underutilized businesses and other businesses in the state procurement system, the bill directs the department of personnel to contract for a disparity study of the Colorado procurement process and to make recommendations to address any discrepancies identified by the study. The final report including the findings and recommendations from the study must be provided to the members of the general assembly and the executive director of the department of personnel (executive director) no later than December 1, 2020. The bill directs the executive director to transmit a copy of the final report to the minority business office, which shall post the report on its official website. In addition, the executive director is required to include the findings and recommendations from the study in its report to the applicable house and senate committees of reference during its hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The executive director is required to develop a method to track the number and percentage of all contracts entered into by all principal departments of the executive branch of state government, institutions of higher education, and the Colorado commission on higher education that are awarded during any calendar year to a historically underutilized business. The executive director is also required to make such information available on the department of personnel''s website. Any entity that is subject to the disparity study is required to respond to a request for information in connection with the study as soon as possible after receiving the request.
Status: 5/31/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-169 Project Management Competencies For Certain Contracts 
Sponsors: J. Tate (R) | J. Bridges (D) / J. Arndt (D) | B. Titone (D)
Short Title: Project Management Competencies For Certain Contracts
Summary: Section 1: Currently, the office of state planning and budgeting is required to prepare the forms and instructions to be used in preparation of all budget requests and supplemental budget requests submitted to the joint technology committee (JTC). For a budget request for a major information technology project (major IT project) submitted to the JTC for funding in the 2020-2021 state fiscal year or any state fiscal year thereafter, the bill requires the forms and instructions to include the submission of a written business case specifying certain information about the major IT project. Section 2: Beginning July 1, 2019, if a governmental body enters into a contract pursuant to the "Procurement Code" that is reasonably expected to cost at least $1 million and that requires the contractor or any subcontractor to perform work on a computer, then the governmental body shall ensure that the contract requires the contractor to use qualified software to verify that the hours billed on the contract are valid and fulfill the purpose of the contract. The governmental body shall also ensure that the contract specifies that the governmental body will not pay the contractor for hours worked on a computer unless the hours can be verified by the use of qualified software. A contractor required to use qualified software pursuant to a contract with a governmental body is required to store, or contract with another entity to store, data collected by the qualified software for 7 years after the governmental body has paid the contractor for work performed pursuant to the contract. The contractor is required to retrieve data upon request of the governmental body in the format requested by the governmental body. A governmental body is prohibited from paying a contractor's costs associated with the contractor's use of qualified software and is prohibited from paying a contractor for retrieval of data collected by the qualified software. Section 3: For budget requests for a major IT project submitted to the JTC for funding in the 2020-2021 state fiscal year or any state fiscal year thereafter, a governmental body is required to provide for a change management plan, including specified information and the resources necessary for the execution of the change management plan. Governmental bodies are required to seek best practices with private- or public-sector experts when appropriate to develop and implement change management plans and are required to provide written change management plans to the JTC and the office of state planning and budgeting.
Status: 5/31/2019 Governor Vetoed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-171 Apprenticeships And Vocational Technical Training 
Sponsors: J. Danielson (D) | J. Bridges (D) / T. Sullivan (D) | R. Galindo
Short Title: Apprenticeships And Vocational Technical Training
Summary: The bill requires the Colorado department of labor and employment (department) to create the Colorado state apprenticeship resource directory. The department is required to collect detailed information on each apprenticeship program in the state, including the application process, requirements for enrollment, costs, and program outcomes. The department is required to promote the availability of the directory.
Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-173 Colorado Secure Savings Plan Board 
Sponsors: K. Donovan (D) | B. Pettersen (D) / T. Kraft-Tharp (D) | C. Hansen (D)
Short Title: Colorado Secure Savings Plan Board
Summary: The bill establishes the Colorado secure savings plan board (board) to study the feasibility of creating the Colorado secure savings plan and other appropriate approaches to increase the amount of retirement savings by Colorado's private sector workers. The board consists of the state treasurer or the treasurer's designee and 8 additional trustees with certain experience who are appointed by the governor. The board is required to conduct the following 4 analyses or assessments by a specified date: A detailed market and financial analysis to determine the financial feasibility and effectiveness of creating a retirement savings plan in the form of an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings plan. The plan would be designed to promote greater retirement savings for private sector employees in a convenient, low-cost, and portable manner. A detailed market and financial analysis to determine the financial feasibility and effectiveness of a small business marketplace plan to increase the number of Colorado businesses that offer retirement savings plans for their employees. The marketplace plan would be voluntary for both employers and employees, open to all employees and employers with fewer than 100 employees, and administered by the department of labor and employment. The bill specifies certain duties of the department of labor and employment in connection with the marketplace plan if it is implemented. An analysis of the effects that greater financial education among Colorado residents would have on increasing their retirement savings; and An analysis of the effects that not increasing Coloradans' retirement savings would have on current and future state and local government expenditures. The board may accept any gifts, grants, and donations, or any money from public or private entities to pay for the costs of the analyses. The board may delay implementation of one or more of the analyses if it does not obtain adequate money to conduct the analyses. If after conducting the analyses, the board finds that there are approaches to increasing retirement savings for private sector employees in a convenient, low-cost, and portable manner that are financially feasible and self-sustaining, the board is required to recommend a plan to implement its findings to the governor and the general assembly.
Status: 5/21/2019 Signed by Governor
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

SB19-177 Background Checks Persons Who Work With Children 
Sponsors: J. Ginal (D) | D. Hisey (R) / J. Singer (D)
Short Title: Background Checks Persons Who Work With Children
Summary: Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The bill adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include supervision of children or unsupervised contact with children. The bill requires a fingerprint-based criminal history record check for the following: * Child care center employees under 18 years of age; * Out-of-state employees working at a child care center in a temporary capacity; and * All owners, employees, volunteers, and adults residing in a family child care home.
Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB19-180 Eviction Legal Defense Fund 
Sponsors: F. Winter (D) / J. McCluskie (D)
Short Title: Eviction Legal Defense Fund
Summary:

Forcible entry and detainer - legal aid services - eviction legal defense fund - appropriation. The act creates the eviction legal defense fund (fund). The state court administrator awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. The act lists permissible uses of grant money awarded from the fund.

Organizations that receive a grant from the fund are required to report to the state court administrator certain information about persons served and services provided by the organization. The state court administrator is required to evaluate the use of grants from the fund every 5 years and submit that evaluation to the general assembly.

For the 2019-20 state fiscal year, $750,000 is appropriated from the general fund to the eviction legal defense fund created through the act.


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

Status: 5/30/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-188 FAMLI Family Medical Leave Insurance Program 
Sponsors: F. Winter (D) | A. Williams (D) / M. Gray (D) | M. Duran (D)
Short Title: FAMLI Family Medical Leave Insurance Program
Summary: The bill creates the family and medical leave insurance (FAMLI) program and the division of family and medical leave insurance (division) in the department of labor and employment 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; * Because the eligible individual is unable to work due to the individual's own serious health condition or because the individual or a family member is the victim of abusive behavior; or * Due to certain needs arising from a family member's active duty service. Each employee and employer in the state will pay one-half the cost of a premium as specified in the bill, which premium is based on a percentage of the employee's yearly wages. The premiums are deposited into the family and medical leave insurance fund, and family and medical leave benefits are paid to eligible individuals from 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)
Status: 5/30/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News: House Approves Paid Family Leave Bill
Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.

SB19-196 Colorado Quality Apprenticeship Training Act Of 2019 
Sponsors: P. Lee (D) | J. Danielson (D) / A. Garnett (D) | M. Duran (D)
Short Title: Colorado Quality Apprenticeship Training Act Of 2019
Summary:

Procurement - construction bidding for public projects - apprenticeship utilization requirements - prevailing wage requirements. The general contractor for a public project that does not receive federal money, including an integrated project delivery contract, in the amount of $1 million or more, is required to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the contracting agency that:

  • Identifies the contractors or subcontractors that will be used for specified aspects of the public project; and
  • Certifies that all firms identified participate in apprenticeship programs registered with the United states department of labor's employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating apprentices at specified rates.

The contracting agency is required to make the documentation available to the public on its website. After evaluating submitted bids, a contracting agency may waive the apprenticeship utilization requirements if there is substantial evidence that there were no responsive, eligible subcontractors available to fulfil the mechanical, electrical, or plumbing portions of the contract. A contracting agency is required make public all waivers and the specific rationale for granting the waiver. An apprenticeship program that does not satisfy the specified apprenticeship program requirements may petition the department of labor and employment for conditional approval under specified circumstances. The apprenticeship utilization requirements do not apply to the department of transportation.

Any contractor who is awarded a contract for a public project, including an integrated project delivery contract, by an agency of government for $500,000 or more, and any subcontractors working on the public project, are required to pay their employees a prevailing wage at weekly intervals and are required to comply with prevailing wage enforcement provisions. This requirement does not apply to contracts that include federal money and does not apply to the department of transportation; except that the department of transportation is required to pay employees performing work on public projects, regardless of the amount of funding source of the project, in accordance with the federal "Davis-Bacon Act".

Before awarding a contract for a public project, an agency of government is required to obtain the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and education funds in the state (wages) for each employee needed to execute the contract for the public project.

An agency of government is required to specify in the competitive solicitation for a public project and in the contract for such public project the general prevailing rate of the wages paid in the geographic locality for each employee needed to execute the contract. The contract is also required to include other specified information regarding the payment of wages. If the contractor or subcontractor fails to pay wages as are required by the contract, the contracting agency of government is not allowed to approve a warrant or demand for payment to the contractor until the contractor provides evidence that the wages have been paid.

The executive director of the department of personnel is required to determine the applicable prevailing wage for public projects and is required to use appropriate wage determinations issued by the United States department of labor in accordance with the federal "Davis-Bacon Act" to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project.

Each contractor awarded a contract for a public project and each subcontractor who performs work on the public project is required to post in conspicuous places on the job site posters that contain the current prevailing rate of wages to execute the contract and the rights and remedies of any employee for nonpayment of any wages earned. The executive director of the department of personnel is required to provide the posters to contractors and subcontractors.

The executive director of the department of personnel is required to establish a separate apprenticeship contribution rate under the prevailing wage requirements.

Enforcement provisions, overseen by the department of labor and employment, are implemented for violations of the prevailing wage requirements. An employee or former employee of a contractor or subcontractor is allowed to bring a civil action for a violation of the prevailing wage requirements.


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

Status: 5/28/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-207 FY 2019-20 Long Bill 
Sponsors: D. Moreno (D) / D. Esgar (D)
Short Title: FY 2019-20 Long Bill
Summary:

General appropriation act - 2019 - long bill. For the state fiscal year beginning July 1, 2019, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2019. The grand total for the operating budget is set at $31,933,536,156 of which $9,202,196,421 is from the general fund portion of the appropriation; $2,638,215,405 is from the general funds exempt portion; $9,281,575,477 is from the cash funds portion; $2,087,776,808 is from the reappropriated funds portion; and $8,723,772,045 is from the federal funds portion.

The grand total for the state fiscal year beginning July 1, 2019, capital construction projects is $260,727,454 of which $168,460,533 is from the capital construction fund portion of the appropriation; $72,690,215 is from the cash funds portion; $8,911,836 is from the reappropriated funds portion; and $10,664,870 is from the federal funds portion.

The 2017 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, and higher education.

The 2018 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of corrections, education, health care policy and financing, higher education, human services, judical, personnel, and public health and environment.

Appropriations made in House Bill 16-1398, concerning the requirement that the department of human services use a request??-for-proposal process to contract with an entity to implement recommendations of the respite care task force, is amended to extend any unexpended money to the department of human services until the 2019-20 state fiscal year.

Appropriations made in House Bill 18-1328, concerning the children's habilitation residential waiver program, is amended to reduce the amount appropriated to the department of health care policy and financing.


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

Status: 4/18/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News: Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.

SB19-208 State Employee Reserve Fund Transfer 
Sponsors: D. Moreno (D) / D. Esgar (D)
Short Title: State Employee Reserve Fund Transfer
Summary: Joint Budget Committee. The bill requires the state treasurer to transfer $10 million from the state employee reserve fund (fund) to the general fund on July 1, 2019. Specifically, the transfer is of money that is in the account dedicated to the department of corrections within the fund.
Status: 5/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-211 Mental Health Criminal Diversion Program 
Sponsors: D. Moreno (D) / D. Esgar (D)
Short Title: Mental Health Criminal Diversion Program
Summary: Joint Budget Committee. In 2018, the general assembly established the mental health criminal justice diversion pilot program (pilot program) and the mental health criminal justice grant program (grant program). The bill extends the grant program an additional year and removes the cap on the total of all grants awarded per year. The bill also requires the state court administrator to provide reports to specified committees of the general assembly concerning both the pilot program and the grant program. The bill appropriates money to the judicial department for the grant program.
Status: 4/16/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-212 Appropriation General Fund Implement State Water Plan 
Sponsors: B. Rankin (R) / D. Esgar (D)
Short Title: Appropriation General Fund Implement State Water Plan
Summary: oint Budget Committee. Section 1 of the bill: * Creates the water plan implementation grant program (program); and * Specifies criteria for expenditures by the Colorado water conservation board (board) for the program. Section 5: * Appropriates $8.3 million from the general fund to the department of natural resources (department) for use by the board to finance grants; and * Appropriates $1.7 million from the general fund to the department for use by the board for stakeholder outreach and technical analysis to develop a water resources demand management program
Status: 4/17/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-213 Marijuana Cash Fund Transfer 
Sponsors: B. Rankin (R) / K. Ransom (R)
Short Title: Marijuana Cash Fund Transfer
Summary: Joint Budget Committee. The bill requires the state treasurer to make 2 transfers from the marijuana cash fund to the marijuana tax cash fund. On July 1, 2019, the state treasurer will transfer $914,416, and on July 1, 2020, the state treasurer will transfer $890,901.
Status: 5/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-214 Capital-related Transfers Of Money 
Sponsors: B. Rankin (R) / D. Esgar (D) | K. Ransom (R)
Short Title: Capital-related Transfers Of Money
Summary: Joint Budget Committee. For the 2019-20 state fiscal year, the bill transfers: * $90,695,989 from the general fund to the capital construction fund; * $42 million from the general fund to the controlled maintenance trust fund; * $10,137,676 from the general fund to the information technology capital account of the capital construction fund; * $500,000 from the general fund exempt account of the general fund to the capital construction fund; and * $1 million from the preservation grant program account of the state historical fund to the capital construction fund for for repainting of the interior of the dome of the state capitol building.
Status: 5/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-235 Automatic Voter Registration 
Sponsors: S. Fenberg (D) | J. Danielson (D) / D. Esgar (D) | K. Mullica (D)
Short Title: Automatic Voter Registration
Summary: The bill requires the department of revenue to transfer to the secretary of state (secretary) the electronic record of each eligible elector who applies for the issuance, renewal, or correction of a Colorado driver''s license or identification card. The elector''s county clerk reviews the record for completeness and sends the elector a notice advising that the elector has been registered to vote. The elector can return the notice to either decline to be registered or affiliate with a party. If the elector does not decline to be registered within 20 days after the notice is mailed and the form is not returned as undeliverable, the elector is registered to vote. The department of health care policy and financing is also required to begin transferring to the secretary the electronic records of electors who apply for medicaid. The elector''s county clerk reviews the record for completeness and sends the elector a notice advising that the elector has been registered to vote. The elector can return the notice to decline to be registered, affiliate with a party, or provide a signature if necessary for their record. If the elector does not decline to be registered within 20 days after the notice is mailed and the form is not returned as undeliverable, the elector is registered to vote. Agencies that oversee offices designated as voter registration agencies are required to begin reporting information to the secretary related to the number of people who apply for benefits or programs, the number of voter registration choice forms the offices collect, and the number of people who receive voter registration forms. The office of information technology is required to assess and report to the secretary which voter registration agencies collect sufficient information for voter registration purposes. When the office of information technology and the secretary determine that an agency collects sufficient information, the agency is required to begin transferring records to the secretary for voter registration purposes. Unless a person who knows they are ineligible to vote intentionally takes voluntary action to become registered, the transfer of the person''s record by a voter registration agency does not constitute completion of a voter registration form by that person. The bill creates a process for electors who are registered through a voter registration agency to provide a signature for verification if they return a ballot in an election but a copy of their signature is not found in the statewide voter registration system. The bill makes conforming amendments to provisions related to voter registration requirements.
Status: 5/29/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

SB19-248 State Tax System Working Group 
Sponsors: J. Tate (R) | J. Bridges (D) / J. Singer (D) | M. Baisley (R)
Short Title: State Tax System Working Group
Summary: Joint Technology Committee. The bill requires the director of research of the legislative council, in coordination with the other nonpartisan legislative staff agencies, the department of revenue, the department of personnel, and the governor''s office of information technology, to convene a state tax system working group (working group) to meet during the interim following the first regular session of the seventy-second general assembly and to conduct an analysis of the state tax system used by the department of revenue. The bill specifies the aspects of the state tax system that the working group is required to consider. The working group is authorized to solicit input from any additional interested parties, as deemed necessary and appropriate by the working group. The working group is required to provide a progress report regarding its work to the joint technology committee and the joint budget committee and to submit a report of its findings and recommendations in connection with the state tax system to the joint technology committee, the joint budget committee, and the finance committees of the house of representatives and the senate.
Status: 5/23/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB19-255 Gallagher Amendment Residential Assessment Rate 
Sponsors: L. Court (D) | J. Tate (R) / L. Herod (D) | D. Esgar (D)
Short Title: Gallagher Amendment Residential Assessment Rate
Summary: Based on a residential target percentage that is equal to 45.69%, the bill lowers the ratio of valuation for assessment for residential real property from 7.2% to 7.15% for property tax years commencing on and after January 1, 2019, until the next property tax year that the general assembly adjusts this ratio.
Status: 6/3/2019 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News: