HB20-1022 Sales And Use Tax Simplification Task Force 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Kraft-Tharp | K. Van Winkle / A. Williams | J. Tate
Summary:

Sales and Use Tax Simplification Task Force. The bill continues the sales and use tax simplification task force for 5 years, modifies the task force's duties, and removes the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal.
(Note: This summary applies to this bill as introduced.)

Status: 1/8/2020 Introduced In House - Assigned to Business Affairs & Labor
1/21/2020 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note


HB20-1023 State Address Data For Sales And Use Tax Collection 
Comment:
Position:
Calendar Notification: Friday, January 24 2020
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
Sponsors: T. Kraft-Tharp | K. Van Winkle / A. Williams | J. Tate
Summary:

Sales and Use Tax Simplification Task Force. The bill:

  • Establishes a hold harmless provision for vendors who use the state's geographic information system database (GIS database) to determine the jurisdictions to which sales or use tax is owed and to calculate appropriate sales or use tax rates for individual addresses;
  • Requires the department of revenue to notify vendors when the GIS database is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use;
  • Requires the department of revenue to ensure that the GIS database data is at least 95% accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy;
  • Requires the executive director of the department of revenue to promulgate rules for the administration and use of the GIS database;
  • Specifies that the statutory section regarding certified address location databases used for collecting and remitting sales and use tax is repealed 90 days after the date that the revisor of statutes is notified by the department of revenue that a geographic information system that meets the defined scope of work set forth in the request for solicitation is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use; and
  • Requires the department of revenue to notify the revisor of statutes no later than 15 days after such a system is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use.
    (Note: This summary applies to this bill as introduced.)

Status: 1/8/2020 Introduced In House - Assigned to Business Affairs & Labor
1/21/2020 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
Fiscal Notes:

Fiscal Note


HB20-1046 Private Construction Contract Payment Requirements 
Comment:
Position:
Calendar Notification: Tuesday, January 28 2020
Business Affairs & Labor
Upon Adjournment Room LSB-A
(2) in house calendar.
Sponsors: D. Valdez / J. Gonzales
Summary:

In a construction contract of at least $150,000, the bill requires:

  • A property owner to make partial payments to the contractor of any amount due under the contract at the end of each calendar month or as soon as practicable after the end of the month;
  • A property owner to pay the contractor at least 95% of the value of satisfactorily completed work;
  • A property owner to pay the withheld percentage within 60 days after the contract is completed satisfactorily;
  • A contractor to pay a subcontractor for work performed under a subcontract within 30 calendar days after receiving payment for the work, not including a withheld percentage not to exceed 5%;
  • A subcontractor to pay any supplier, subcontractor, or laborer who provided goods, materials, labor, or equipment to the subcontractor within 30 calendar days after receiving payment under the subcontract; and
  • A subcontractor to submit to the contractor a list of the suppliers, sub-subcontractors, and laborers who provided goods, materials, labor, or equipment to the subcontractor for the work.

The bill does not apply to contracts with public entities or to a contract concerning one multi-family dwelling of no more than 4 units or one single-family dwelling. A person who fails to make a required payment must pay 1.5% interest per month until the debt is fully paid. In a lawsuit to enforce the bill, the prevailing party is awarded attorney fees and costs.


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

Status: 1/8/2020 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes:

Fiscal Note


HB20-1089 Employee Protection Lawful Off-duty Activities 
Comment: CO Chamber voted to oppose
Position:
Calendar Notification: Wednesday, February 5 2020
Business Affairs & Labor
1:30 p.m. Room LSB-A
(4) in house calendar.
Sponsors: J. Melton
Summary:

The bill prohibits an employer from terminating an employee for the employee's lawful off-duty activities that are lawful under state law even if those activities are not lawful under federal law.
(Note: This summary applies to this bill as introduced.)

Status: 1/10/2020 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes:

HB20-1143 Environmental Justice And Projects Increase Environmental Fines 
Comment:
Position:
Calendar Notification: Monday, February 10 2020
Energy & Environment
1:30 p.m. Room 0112
(2) in house calendar.
Sponsors: D. Jackson | S. Gonzales-Gutierrez / F. Winter
Summary:

Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess a maximum daily fine per violation of $47,357 for these violations. Sections 2 and 4 of the bill raise the maximum fine to $47,357 per day and direct the air quality control commission and the water quality control commission in the department of public health and environment (department) to annually adjust the maximum fine based on changes in the consumer price index.

Current law allocates all water quality fines to the water quality improvement fund; section 4 authorizes the use of money in that fund to pay for projects addressing impacts to environmental justice communities. Section 4 also extends the repeal date for the water quality improvement fund to September 1, 2025.

Current law allocates all air quality fines to the general fund; section 3 allocates them to the newly created community impact cash fund. Section 3 also:

  • Specifies that the department is to use money in the community impact cash fund for environmental mitigation projects (EMPs);
  • Defines an EMP as a project that avoids, minimizes, or mitigates the adverse effects of a violation or alleged violation of the air quality or water quality laws;
  • Creates the environmental justice advisory board to recommend EMPs in response to violations or alleged violations that affect environmental justice communities; and
  • Creates an environmental justice ombudsperson position within the department, who serves as chief staff to the advisory board and advocates for environmental justice communities.

Section 3 also requires the department to post proposed EMPs on the department's website in a format that allows the public to submit comments on the proposed EMP, not approve an EMP until at least 45 days after the EMP has been posted on its website, and include a description of all approved EMPs in its departmental SMART Act presentations.

Section 1 sunsets the advisory board on September 1, 2025.
(Note: This summary applies to this bill as introduced.)

Status: 1/17/2020 Introduced In House - Assigned to Energy & Environment + Finance
Fiscal Notes:

HB20-1154 Workers' Compensation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Kraft-Tharp | K. Van Winkle / V. Marble | J. Bridges
Summary:

The bill:

  • Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid ( section 1 );
  • Adds guardian and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 2 );
  • Requires a claimant for mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred and requires the employer or insurer to pay or dispute mileage within 30 days of submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 2 and 7 );
  • Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 3 );
  • Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 4 );
  • Adds the conditions that, in order for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI), an examining physician must serve a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report ( section 5 );
  • Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 6 );
  • Prohibits an employer or insurer from withdrawing an admission of liability 2 years after the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 );
  • Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 );
  • Clarifies the scope of authority of prehearing administrative law judges ( section 9 );
  • Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2021 ( section 11 ); and
  • Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).
    (Note: This summary applies to this bill as introduced.)

Status: 1/17/2020 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes:

HB20-1155 Higher Efficiency New Construction Residence 
Comment:
Position:
Calendar Notification: Thursday, February 13 2020
Energy & Environment
Upon Adjournment Room 0112
(1) in house calendar.
Sponsors: A. Valdez | M. Weissman
Summary:

Current law requires a home builder to offer to a buyer of a new home one of the following:

  • A solar panel system or a solar thermal system;
  • To prewire or preplumb the home for these systems; or
  • A chase or conduit to wire or plumb the home for these systems in the future.

Section 1 of the bill changes this to require that the home builder offer each of these options.

Section 2 requires a home builder to offer one of the following options to a buyer of a newly constructed residence:

  • An electric vehicle charging system;
  • Upgrades of wiring to accommodate future installation of an electric vehicle charging system; or
  • A 208- to 240-volt alternating current plug-in located in a place accessible to a motor vehicle parking area.

Section 2 also requires the home builder to offer electric heating options. These requirements apply to both traditional detached, single-family homes and buildings that contain owner-occupied condominium units.


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

Status: 1/17/2020 Introduced In House - Assigned to Energy & Environment
Fiscal Notes:

SB20-017 Transportation Public-private Partnership Reporting 
Comment:
Position:
Calendar Notification: Thursday, January 23 2020
SENATE TRANSPORTATION & ENERGY COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.
Sponsors: F. Winter / M. Gray
Summary:

Transportation Legislation Review Committee. Current law authorizes the high-performance transportation enterprise (HPTE) to enter into public-private partnerships, which are contractual agreements between HPTE and one or more private or public entities, to deliver or contribute to the delivery of surface transportation projects and requires HPTE to provide an annual report on its activities to the legislative committees that have jurisdiction over transportation (currently the house of representatives transportation and local government committee and the senate transportation and energy committee). Beginning with the annual report due in 2021, the bill requires HPTE to include in the annual report, for each of its executed or proposed public-private partnerships, summaries of:

  • The processes that HPTE has used leading up to or anticipates using to lead up to its entry into the public-private partnership, including the processes for obtaining and responding to public questions, concerns, and other comments or input and the processes for selecting each partner to the public-private partnership; and
  • The actual major financial, performance, and length-of-term provisions of its executed public-private partnerships and, to the extent feasible, the anticipated major financial, performance, and length-of-term provisions of its proposed public-private partnerships.
    (Note: This summary applies to this bill as introduced.)

Status: 1/8/2020 Introduced In Senate - Assigned to Transportation & Energy
Fiscal Notes:

Fiscal Note


SB20-081 School Information For Apprenticeship Directory 
Comment:
Position:
Calendar Notification: Wednesday, February 5 2020
SENATE EDUCATION COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.
Sponsors: J. Danielson | J. Bridges / T. Sullivan | C. Larson
Summary:

The bill requires the department of labor and employment to collaborate with the department of education to include in the Colorado state apprenticeship resource directory the name and contact information for at least one designated apprenticeship training program contact for every public high school and school district.


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

Status: 1/13/2020 Introduced In Senate - Assigned to Education
Fiscal Notes:

SB20-093 Consumer And Employee Dispute Resolution Fairness 
Comment:
Position:
Calendar Notification: Wednesday, January 29 2020
SENATE JUDICIARY COMMITTEE
1:30 PM SCR 352
(1) in senate calendar.
Sponsors: M. Foote | S. Fenberg / D. Jackson
Summary:

The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act:

  • Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing;
  • Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party;
  • Establishes ethical standards for arbitrators; and
  • Requires specified public disclosures by arbitration services providers but includes protections for certain confidential information.

The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality.

The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures and clarifies when appeals of orders may be made in consumer and employee arbitrations.

The bill also provides that for a standard form contract involving a consumer or employee:

  • Specified terms are unenforceable as against public policy;
  • Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and
  • How certain cost-shifting provisions are to be interpreted.
    (Note: This summary applies to this bill as introduced.)

Status: 1/13/2020 Introduced In Senate - Assigned to Judiciary
Fiscal Notes: