HB20-1022 Sales And Use Tax Simplification Task Force 
Comment:
Calendar Notification: Friday, June 5 2020
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE
(6) in house calendar.
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 the reengrossed version of this bill as introduced in the second house.)

Status: 0/0/2020 House Third Reading -
1/8/2020 Introduced In House - Assigned to Business Affairs & Labor
1/21/2020 House Committee on Business Affairs & Labor Refer Amended to Appropriations
2/21/2020 House Committee on Appropriations Refer Amended to House Committee of the Whole
2/21/2020 House Second Reading Special Order - Passed with Amendments - Committee
2/24/2020 House Third Reading Laid Over Daily - No Amendments
2/27/2020 House Third Reading Passed - No Amendments
2/28/2020 Introduced In Senate - Assigned to Business, Labor, & Technology
3/9/2020 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
6/2/2020 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
6/3/2020 Senate Second Reading Special Order - Passed with Amendments - Committee
6/4/2020 Senate Third Reading Passed - No Amendments
Amendments:

House Journal, January 22
29 HB20-1022 be amended as follows, and as so amended, be referred to
30 the Committee on Appropriations with favorable
31 recommendation:
32
33 Amend printed bill, page 3, after line 6 insert:
34
35 "(F) STREAMLINING AND POSSIBLY MAKING UNIFORM THE STATE
36 AND LOCAL SALES TAX EXEMPTIONS FOR MEDICAL DEVICES, INCLUDING
37 REVIEWING BEST PRACTICES AMONG STATES IN THIS AREA;".
38
39 Reletter succeeding sub-subparagraphs accordingly.
40
41

House Journal, February 21
25 HB20-1022 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend printed bill, page 6, after line 20 insert:
30
31 "SECTION 4. Appropriation. (1) For the 2020-21 state fiscal
32 year, $34,836 is appropriated to the legislative department. This
33 appropriation is from the general fund. To implement this act, the
34 department may use this appropriation as follows:
35 (a) $22,302 for use by the legislative council, which amount is
36 based on an assumption that the legislative council will require an
37 additional 0.3 FTE; and
38 (b) $12,534 for use by the office of legislative legal services,
39 which amount is based on an assumption that the office will require an
40 additional 0.2 FTE.".
41
42 Renumber succeeding section accordingly.
43
44 Page 1, line 103, strike "AND".
45
46 Page 1, line 106, strike "REPEAL." and substitute "REPEAL, AND MAKING
47 AN APPROPRIATION.".
48
49

Senate Journal, June 2
After consideration on the merits, the Committee recommends that HB20-1022 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 2, line 3, strike "(3);" and substitute
"(1)(a), (3), and (5);".
Page 2, strike line 6 and substitute:

"creation - definition. (1) (a) (I) Notwithstanding section 2-3-303.3,
there is created the sales and use tax simplification task force, referred to
in this part 8 as the "task force". which THE TASK FORCE shall meet as
necessary during any legislative session or any interim between
legislative sessions to study the necessary components of a simplified
sales and use tax system for both the state and local governments,
including home rule municipalities and counties.
(II) (A) NOTWITHSTANDING SUBSECTION (1)(a)(I) OF THIS
SECTION, THE TASK FORCE SHALL NOT MEET DURING THE 2020 INTERIM.
(B) THIS SUBSECTION (1)(a)(II) IS REPEALED, EFFECTIVE JULY 1,
2021.
(b) (I) THE TASK FORCE SHALL STUDY SALES".

Page 5, line 25, after "(2.5)" insert "(a)".

Page 5, line 26, strike "JUNE 5, 2020, AND EACH JUNE 5" and substitute
"JUNE 1, 2021, AND EACH JUNE 1".

Page 6, after line 7 insert:
"(b) STARTING IN 2021, THE TASK FORCE SHALL ELECT A CHAIR
AND A VICE-CHAIR AT THE FIRST MEETING HELD ON OR BEFORE JULY 16,
2021. THE CHAIR AND VICE-CHAIR APPOINTMENTS MUST ALTERNATE
BETWEEN A MEMBER FROM THE HOUSE OF REPRESENTATIVES AND A
MEMBER FROM THE SENATE WITH THE FIRST CHAIR BEING FROM THE
SENATE AND THE FIRST VICE-CHAIR BEING FROM THE HOUSE OF
REPRESENTATIVES. THE PERSON SERVING AS CHAIR, OR A MEMBER OF THE
SAME HOUSE IF SUCH PERSON IS NO LONGER A MEMBER THEREOF, SHALL
SERVE AS VICE-CHAIR DURING THE NEXT LEGISLATIVE SESSION, AND THE
PERSON SERVING AS VICE-CHAIR, OR A MEMBER OF THE SAME HOUSE IF
SUCH PERSON IS NO LONGER A MEMBER THEREOF, SHALL SERVE AS CHAIR
DURING THE NEXT LEGISLATIVE SESSION.".

Page 6, line 8, strike "The task" and substitute "STARTING IN 2021, the
task".

Page 6, line 9, strike "JULY 17, 2020." and substitute "JULY 16, 2021.".

Page 6, after line 11 insert:
"(5) No later than November 1, 2017 NOVEMBER 1, 2021, and no
later than each November 1 thereafter, the task force shall make a report
to the legislative council created in section 2-3-301 that may or may not
include recommendations for legislation.".

Page 6, line 16, strike "2025." and substitute "2026.".

Page 6, strike lines 25 through 27 and substitute
"SECTION 4. In Colorado Revised Statutes, 2-3-1704, add (12)
as follows:
2-3-1704. Powers and duties of the joint technology
committee. (12) BETWEEN ADJOURNMENT SINE DIE OF THE SECOND
REGULAR SESSION OF THE SEVENTY-SECOND GENERAL ASSEMBLY AND
THE FIRST MEETING IN 2021 OF THE SALES AND USE TAX SIMPLIFICATION
TASK FORCE CREATED IN SECTION 39-26-802, THE COMMITTEE SHALL:
(a) SEEK REGULAR UPDATES FROM THE OFFICE OF INFORMATION
TECHNOLOGY AND THE DEPARTMENT OF REVENUE REGARDING THE
DEVELOPMENT OF THE ELECTRONIC SALES AND USE TAX SIMPLIFICATION
SYSTEM DESCRIBED IN SENATE BILL 19-006, ENACTED IN 2019;
(b) ONCE THE ELECTRONIC SALES AND USE TAX SIMPLIFICATION
SYSTEM DESCRIBED IN SENATE BILL 19-006, ENACTED IN 2019, IS ONLINE,
MONITOR AND ENCOURAGE PARTICIPATION BY BUSINESSES AND HOME
RULE MUNICIPALITIES; AND
(c) SEEK REGULAR UPDATES FROM THE OFFICE OF INFORMATION
TECHNOLOGY AND THE DEPARTMENT OF REVENUE REGARDING THE
PURCHASE AND DEVELOPMENT OF A GEOGRAPHIC INFORMATION SYSTEM
(GIS) DATABASE TO MAINTAIN JURISDICTIONAL BOUNDARIES OF SALES
TAX DISTRICTS AND TO CALCULATE APPROPRIATE SALES AND USE TAX
RATES FOR INDIVIDUAL ADDRESSES FOR WHICH THE DEPARTMENT OF
REVENUE RECEIVED AN APPROPRIATION IN SENATE BILL 19-006, ENACTED
IN 2019.".

Page 7, strike lines 1 through 7.

Page 1, line 103, after "DUTIES," insert "AND".

Page 1, strike lines 106 and 107 and substitute "PRIOR TO THE TASK
FORCE'S REPEAL.".


Appro-
priations



HB20-1023 State Address Data For Sales And Use Tax Collection 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

Sales tax - state GIS database - hold harmless provision for vendors who use the database. The act:

  • 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 by the department of revenue to be operational, supported, and available for use;
  • Specifies that the notification to vendors may be provided in any way that the department of revenue deems appropriate and must be accomplished within existing resources;
  • 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 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 by the department of revenue to be operational, supported, and available for use.
    (Note: This summary applies to this bill as enacted.)

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
1/24/2020 House Second Reading Laid Over Daily - No Amendments
1/28/2020 House Second Reading Passed with Amendments - Committee
1/29/2020 House Third Reading Passed - No Amendments
2/3/2020 Introduced In Senate - Assigned to Business, Labor, & Technology
2/19/2020 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/24/2020 Senate Second Reading Passed - No Amendments
2/25/2020 Senate Third Reading Passed - No Amendments
3/1/2020 Governor Signed
3/6/2020 Signed by the President of the Senate
3/6/2020 Signed by the Speaker of the House
3/10/2020 Sent to the Governor
Amendments:

House Journal, January 22
1 HB20-1023 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 3, lines 2 and 3, strike "IN WRITING".
6
7 Page 3, line 4, after the period insert "NOTIFICATION TO VENDORS MAY BE
8 PROVIDED IN ANY WAY THAT THE DEPARTMENT DEEMS APPROPRIATE AND
9 MUST BE ACCOMPLISHED WITHIN EXISTING RESOURCES.".
10
11 Page 4, line 3, strike "IN WRITING".
12
13 Page 4, line 9, strike "IN WRITING".



HB20-1093 County Authority License And Regulate Business 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill grants a board of county commissioners the authority to license and regulate any business located or business activity occurring within the county, including short-term lodging rentals or advertising for such rentals, an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 0/0/2020 House Third Reading -
1/13/2020 Introduced In House - Assigned to Transportation & Local Government
2/5/2020 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole
2/10/2020 House Second Reading Passed with Amendments - Committee
2/11/2020 House Third Reading Laid Over Daily - No Amendments
2/12/2020 House Third Reading Passed - No Amendments
2/13/2020 Introduced In Senate - Assigned to Local Government
3/5/2020 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/10/2020 Senate Second Reading Passed - No Amendments
3/11/2020 Senate Third Reading Passed - No Amendments
3/16/2020 Sent to the Governor
3/16/2020 Signed by the Speaker of the House
3/16/2020 Signed by the President of the Senate
3/23/2020 Governor Signed
Amendments:

HB20-1151 Expand Authority For Regional Transportation Improvements 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill authorizes a transportation planning organization (TPO) to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding. Any additional transportation funding obtained by a TPO exercising the power of a RTA are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.
(Note: This summary applies to this bill as introduced.)

Status: 1/17/2020 Introduced In House - Assigned to Transportation & Local Government + Appropriations
3/11/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Amendments:

House Journal, March 12
15 HB20-1151 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, page 2, line 14, strike "AUTHORITY," and substitute
20 "AUTHORITY, AS MAY BE CHANGED IN THE MANNER PROVIDED IN SECTION
21 43-4-605 (2),".
22
23 Page 2, line 20, strike "43-4-622." and substitute "43-4-622, AS MAY BE
24 CHANGED IN THE MANNER PROVIDED IN SECTION 43-4-605 (2).".
25
26 Page 4, line 13, after "contract" insert "OR RESOLUTION".
27
28 Page 4, line 19, after "AUTHORITY." insert "A TRANSPORTATION PLANNING
29 ORGANIZATION ADOPTING A RESOLUTION AUTHORIZING IT TO EXERCISE
30 THE POWERS OF AN AUTHORITY SHALL ALSO PROVIDE A COPY OF THE
31 RESOLUTION FOR COMMENT TO ANY EXISTING AUTHORITY THAT INCLUDES
32 OR BORDERS ANY OF THE TERRITORY IN WHICH THE TRANSPORTATION
33 PLANNING ORGANIZATION WILL EXERCISE THE POWERS OF AN
34 AUTHORITY.".
35
36 Page 5, line 12, strike the second "or" and substitute "or".
37
38 Page 5, line 14, strike "4" and substitute "4, OR, WITH RESPECT TO A
39 RESOLUTION ONLY, AN EXISTING AUTHORITY,".
40
41 Page 5, line 27, after "authority," insert "THE EXISTING AUTHORITY,".
42
43 Page 7, line 9, strike "INCLUDE TERRITORY" and substitute "INCLUDE:
44 (I) TERRITORY".
45
46 Page 7, strike line 11 and substitute "PLANNING ORGANIZATION;
47 (II) TERRITORY WITHIN THE BOUNDARIES OF AN EXISTING
48 AUTHORITY WITHOUT THE APPROVAL OF THE EXISTING AUTHORITY AS
49 PROVIDED IN SECTION 43-4-622 (4);
50 (III) TERRITORY WITHIN THE BOUNDARIES OF A MUNICIPALITY
51 THAT IS A MEMBER OF THE TRANSPORTATION PLANNING ORGANIZATION IF
52 THE GOVERNING BODY OF THE MUNICIPALITY ADOPTS A RESOLUTION
53 OBJECTING TO THE INCLUSION OF THE TERRITORY;
54 (IV) TERRITORY WITHIN THE BOUNDARIES OF A COUNTY THAT IS
55 A MEMBER OF THE TRANSPORTATION PLANNING ORGANIZATION IF THE
1 GOVERNING BODY OF THE COUNTY ADOPTS A RESOLUTION OBJECTING TO
2 THE INCLUSION OF THE TERRITORY;
3 (V) TERRITORY WITHIN THE".
4
5 Page 7, lines 15 and 16, strike "MUNICIPALITY, AND MAY NOT INCLUDE
6 TERRITORY" and substitute "MUNICIPALITY; OR
7 (VI) TERRITORY".
8
9 Page 8, line 15, strike "REGION" and substitute "ORGANIZATION".
10
11 Page 15, line 25, strike "(3)" and substitute "(4)".
12
13 Page 16, after line 18 insert:
14 "(3) BEFORE COMMENCING CONSTRUCTION OF A REGIONAL
15 TRANSPORTATION SYSTEM, A TRANSPORTATION PLANNING ORGANIZATION
16 EXERCISING THE POWERS OF AN AUTHORITY SHALL ANALYZE AND
17 DOCUMENT TO THE DEPARTMENT OF TRANSPORTATION THE SYSTEM'S
18 ANTICIPATED IMPACTS ON THE ACHIEVEMENT OF THE STATE GREENHOUSE
19 GAS POLLUTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g) AND ON
20 COMPLIANCE WITH APPLICABLE STANDARDS UNDER THE ATTAINMENT
7 21 PROGRAM CREATED AND DEVELOPED PURSUANT TO PART 3 OF ARTICLE
22 OF TITLE 25. UPON THE REQUEST OF A RURAL TRANSPORTATION PLANNING
23 ORGANIZATION, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE
24 TECHNICAL ASSISTANCE TO FACILITATE THE COMPLETION OF THE
25 ANALYSIS. THE TRANSPORTATION PLANNING ORGANIZATION SHALL ALSO
26 SUBMIT THE ANALYSIS TO THE AIR QUALITY CONTROL COMMISSION
27 CREATED IN SECTION 25-7-104 (1) AND SHALL NOT COMMENCE
28 CONSTRUCTION OF THE REGIONAL TRANSPORTATION SYSTEM UNTIL THE
29 COMMISSION HAS REVIEWED AND APPROVED IT IN ACCORDANCE WITH
30 COMMISSION RULES ADOPTED PURSUANT TO SECTION 25-7-105 (1)(f).".
31
32 Renumber succeeding subsection accordingly.
33
34 Page 16, after line 25, insert:
35
36 "(5) NOTWITHSTANDING ANY PROVISION OF THIS PART 6 TO THE
37 CONTRARY, A TRANSPORTATION PLANNING ORGANIZATION MAY NOT
38 EXERCISE ANY OF THE POWERS OF AN AUTHORITY WITHIN THE BOUNDARIES
39 OF AN EXISTING AUTHORITY WITHOUT THE PRIOR APPROVAL OF THE BOARD
40 OF THE EXISTING AUTHORITY BY ADOPTION OF A RESOLUTION BY THE
41 AFFIRMATIVE VOTE OF TWO-THIRDS OF THE DIRECTORS OF THE
42 BOARD. THE BOARD OF THE EXISTING AUTHORITY SHALL FILE ANY SUCH
43 RESOLUTION ADOPTED WITH THE DIRECTOR OF THE DIVISION. THE
44 DIRECTOR OF THE DIVISION SHALL NOT ISSUE THE CERTIFICATE REQUIRED
45 BY SECTION 43-4-603 (1) TO A TRANSPORTATION PLANNING
46 ORGANIZATION, IF THE TRANSPORTATION PLANNING ORGANIZATION IS
47 ATTEMPTING TO EXERCISE THE POWERS OF AN AUTHORITY WITHIN THE
48 BOUNDARIES OF AN EXISTING AUTHORITY WITHOUT THE EXISTING
49 AUTHORITY'S DULY ADOPTED AND FILED RESOLUTION OF APPROVAL.".
50 SECTION 9. In Colorado Revised Statutes, 25-7-105, add (1)(f)
51 as follows:
52 25-7-105. Duties of commission - rules - legislative declaration
53 - definitions. (1) Except as provided in sections 25-7-130 and 25-7-131,
54 the commission shall promulgate such rules and regulations as are
102 55 consistent with the legislative declaration set forth in section 25-7-
1 and necessary for the proper implementation and administration of this
2 article 7, including, but not limited to:
3 (f) RULES THAT DEFINE CONFORMANCE AND MEASUREMENT OF
4 CONFORMANCE WITH STATE GREENHOUSE GAS GOALS AND APPLICABLE
5 ATTAINMENT PROGRAM STANDARDS IN NONATTAINMENT AREAS FOR ANY
602 6 REGIONAL TRANSPORTATION SYSTEM, AS DEFINED IN SECTION 43-4-
7 (16), PROPOSED TO BE COMPLETED BY A TRANSPORTATION PLANNING
8 ORGANIZATION, AS DEFINED IN SECTION 43-4-602 (19), EXERCISING THE
9 POWERS OF A REGIONAL TRANSPORTATION AUTHORITY.".
10
11 Renumber succeeding sections accordingly.
12
13 Page 17, line 7, after "STATE" insert "AND FEDERAL".
14
15 Page 17, line 11, after "STATE" insert "AND FEDERAL".
16
17 Page 17, line 15, after "STATE" insert "AND FEDERAL".
18
19



HB20-1154 Workers' Compensation 
Comment:
Calendar Notification: NOT ON CALENDAR
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
2/12/2020 House Committee on Business Affairs & Labor Refer Unamended to Appropriations
Amendments:

HB20-1160 Drug Price Transparency Insurance Premium Reductions 
Comment:
Calendar Notification: Friday, June 5 2020
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
Summary:

Section 1 of the bill enacts the "Colorado Prescription Drug Price TransparencyAct of 2020", which requires:

  • Health insurers, starting in 2021, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the health insurers paid for in the preceding calendar year, including information about rebates received from prescription drug manufacturers, a certification regarding how rebates were accounted for in insurance premiums, and a list of all pharmacy benefit management firms (PBMs) with whom they contract;
  • Prescription drug manufacturers to notify the commissioner, state purchasers, health insurers, PBMs, pharmacies, and hospitals when the manufacturer, on or after January 1, 2021, increases the price of certain prescription drugs by more than specified amounts or introduces a new specialty drug in the commercial market;
  • Prescription drug manufacturers, within 15 days after the end of each calendar quarter that starts on or after January 1, 2021, to provide specified information to the commissioner regarding the drugs about which the manufacturer notified purchasers;
  • Health insurers or, if applicable, PBMs to annually report specified information to the commissioner regarding rebates and administrative fees received from manufacturers for prescription drugs they paid for in the prior calendar year and the average wholesale price paid for prescription drugs by individuals, small employers, and large employers enrolled in health plans issued by the health insurer or that contain prescription drug benefits managed or administered by the PBM; and
  • Certain nonprofit organizations to compile and submit to the commissioner an annual report indicating the amount of each payment, donation, subsidy, or thing of value received by the nonprofit organization or its officers, employees, or board members from a prescription drug manufacturer, PBM, health insurer, or trade association and the percentage of the nonprofit organization's total gross income that is attributable to those payments, donations, subsidies, or things of value.

The commissioner is required to post the information received from health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations on the division of insurance's website, excluding any information that the commissioner determines is proprietary. Additionally, the commissioner, or a disinterested third-party contractor, is to analyze the data reported by health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations and other relevant information to determine the effect of prescription drug costs on health insurance premiums. The commissioner is to publish a report each year, submit the report to the governor and specified legislative committees, and present the report during annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill.

Health insurers that fail to report the required data are subject to a fine of up to $10,000 per day per report. Nonprofit organizations are subject to a fine of up to $10,000 for failure to comply with reporting requirements.

Section 2 specifies that failing to ensure that a PBM that a health insurer uses to manage or administer its prescription drug benefits is complying with reporting requirements constitutes an unfair method of competition and an unfair or deceptive act or practice in the business of insurance.

Section 3 specifies that a PBM is an entity that manages or administers prescription drug benefits for a health insurer, either pursuant to a contract or as an entity associated with the health insurer.

Under sections 4 and 5 , a prescription drug manufacturer that fails to notify purchasers or fails to report required data to the commissioner is subject to discipline by the state board of pharmacy, including a penalty of up to $10,000 per day for each day the manufacturer fails to comply with the notice or reporting requirements. The commissioner is to report manufacturer violations to the state board of pharmacy.

Section 6 requires a health insurer to reduce premiums for the health plans it issues or renews on or after January 1, 2022, to adjust for the rebates the health insurer received from prescription drug manufacturers in the previous plan year.
(Note: This summary applies to this bill as introduced.)

Status: 1/21/2020 Introduced In House - Assigned to Health & Insurance + Appropriations
2/12/2020 House Committee on Health & Insurance Refer Amended to Finance
3/2/2020 House Committee on Finance Refer Unamended to Appropriations
3/13/2020 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/28/2020 House Second Reading Laid Over to 06/01/2020 - No Amendments
6/1/2020 House Second Reading Laid Over Daily - No Amendments
Amendments:

House Journal, February 14
5 HB20-1160 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend printed bill, page 5, line 18, strike "NONPROFIT ORGANIZATION
10 THAT".
11
12 Page 5, strike line 19.
13
14 Page 5, line 20, strike "SECTION 10-16-1208,".
15
16 Page 19, strike lines 18 through 27.
17
18 Page 20, strike lines 1 through 24.
19
20 Renumber succeeding C.R.S. sections accordingly.
21
22 Page 20, lines 26 and 27, strike "EXCEPT AS PROVIDED IN SUBSECTION
23 (1)(b) OF THIS SECTION, THE" and substitute "THE".
24
25 Page 21, after line 5 insert:
26
27 "(III) THE FOLLOWING INFORMATION, TO THE EXTENT THE
28 INFORMATION IS IN THE PUBLIC DOMAIN OR PUBLICLY AVAILABLE:".
29
30 Page 21, line 6, strike "(III)" and substitute "(A)".
31
32 Page 21, strike lines 7 through 9 and substitute "TO SECTION 10-16-1206;
33 AND".
34
35 Page 21, line 10, strike "(IV)" and substitute "(B)".
36
37 Page 21, strike lines 12 through 27 and substitute "10-16-1207.".
38
39 Page 22, strike lines 1 through 6 and substitute:
40
41 "(b) EXCEPT AS PROVIDED IN SUBSECTION (1)(a) OF THIS SECTION,
42 THE INFORMATION THE COMMISSIONER RECEIVES IN ACCORDANCE WITH
43 SECTIONS 10-16-1206 AND 10-16-1207 IS NOT A PUBLIC RECORD
44 PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24, AND THE COMMISSIONER
45 SHALL NOT PUBLISH THE INFORMATION REPORTED PURSUANT TO THOSE
46 SECTIONS. HOWEVER, THE COMMISSIONER MAY:
47 (I) SHARE THE INFORMATION PUBLICLY IF THE INFORMATION IS
48 DE-IDENTIFIED AND AGGREGATED IN A MANNER TO PREVENT
49 IDENTIFICATION OF THE MANUFACTURER, HEALTH INSURER, OR PHARMACY
50 BENEFIT MANAGEMENT FIRM THAT PROVIDED THE INFORMATION; AND
51 (II) SHARE THE INFORMATION RECEIVED PURSUANT TO SECTIONS
52 10-16-1206 AND 10-16-1207 WITH A DISINTERESTED THIRD PARTY WITH
53 WHOM THE COMMISSIONER CONTRACTS TO PERFORM THE ANALYSIS
54 REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION AND WITH
55 OTHER STATE AGENCIES THAT ARE PURCHASERS UNDER SECTION
56 10-16-1203 (13)(a); EXCEPT THAT THE DISINTERESTED THIRD PARTY OR A
1 STATE AGENCY PURCHASER THAT RECEIVES INFORMATION FROM THE
2 COMMISSIONER PURSUANT TO THIS SUBSECTION (1)(b) SHALL NOT PUBLISH
3 OR OTHERWISE MAKE THE INFORMATION AVAILABLE TO THE PUBLIC
4 EXCEPT IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS SECTION.
5 (c) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, IF A
6 HEALTH INSURER, MANUFACTURER, OR PHARMACY BENEFIT MANAGEMENT
7 FIRM CLAIMS THAT INFORMATION CONTAINED IN A REPORT SUBMITTED TO
8 THE COMMISSIONER IS A TRADE SECRET, PRIVILEGED INFORMATION, OR
9 CONFIDENTIAL COMMERCIAL OR FINANCIAL DATA IN ACCORDANCE WITH
10 SECTION 24-72-204 (3)(a)(IV), THE COMMISSIONER SHALL NOT POST THE
11 INFORMATION ON THE DIVISION'S WEBSITE OR OTHERWISE MAKE THE
12 INFORMATION AVAILABLE TO THE PUBLIC; EXCEPT THAT THE
13 COMMISSIONER MAY SHARE THE INFORMATION WITH A DISINTERESTED
14 THIRD PARTY WITH WHOM THE COMMISSIONER CONTRACTS TO PERFORM
15 THE ANALYSIS PURSUANT TO SUBSECTION (2) OF THIS SECTION OR WITH
16 OTHER STATE AGENCIES THAT ARE PURCHASERS, AS DEFINED IN SECTION
17 10-16-1203 (13)(a), BUT THE DISINTERESTED THIRD PARTY OR A STATE
18 AGENCY PURCHASER THAT RECEIVES THE INFORMATION SHALL NOT
19 DISCLOSE THE INFORMATION TO THE PUBLIC. A PERSON DENIED ACCESS TO
20 THE INFORMATION MAY SEEK REVIEW IN ACCORDANCE WITH SECTION
21 24-72-204 (5).".
22
23 Page 22, strike lines 12 and 13 and substitute "PURSUANT TO SECTION
24 10-16-1207, THE HEALTH INSURER".
25
26 Page 23, strike lines 7 through 25 and substitute:
27
28 "(III) THE COMMISSIONER OR A DISINTERESTED THIRD PARTY WITH
29 WHOM THE COMMISSIONER CONTRACTS TO CONDUCT THE ANALYSIS SHALL
30 NOT INCLUDE ANY INFORMATION IN THE REPORT THAT A HEALTH INSURER,
31 MANUFACTURER, OR PHARMACY BENEFIT MANAGEMENT FIRM CLAIMED,
32 PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION, TO BE A TRADE SECRET,
33 PRIVILEGED INFORMATION, OR CONFIDENTIAL COMMERCIAL OR FINANCIAL
34 DATA IN ACCORDANCE WITH SECTION 24-72-204 (3)(a)(IV).
35 (IV) FOR PURPOSES OF INFORMATION REPORTED TO THE
36 COMMISSIONER PURSUANT TO SECTIONS 10-16-1206 AND 10-16-1207, THE
37 COMMISSIONER, OR A DISINTERESTED THIRD PARTY WITH WHOM THE
38 COMMISSIONER CONTRACTS, SHALL ONLY INCLUDE IN THE REPORT
39 INFORMATION THAT HAS BEEN DE-IDENTIFIED AND AGGREGATED IN A
40 MANNER TO PREVENT IDENTIFICATION OF THE MANUFACTURER, HEALTH
41 INSURER, OR PHARMACY BENEFIT MANAGEMENT FIRM OR THAT IS IN THE
42 PUBLIC DOMAIN OR PUBLICLY AVAILABLE.".
43
44 Page 25, line 15, after "MANUFACTURERS," insert "AND".
45
46 Page 25, lines 15 and 16, and strike "FIRMS, AND NONPROFIT
47 ORGANIZATIONS" and substitute "FIRMS".
48
49 Page 25, line 17, strike "10-16-1206, 10-16-1207, AND 10-16-1208;" and
50 substitute "10-16-1206, AND 10-16-1207;".
51
52 Page 25, line 27, strike "10-16-1209" and substitute "10-16-1208".
53
54 Strike "10-16-1210" and substitute "10-16-1209" on: Page 26, line 13;
55 and Page 27, line 24.
56
1 Page 1, line 105, after "MANUFACTURERS," insert "AND".
2
3 Page 1, line 106, strike "FIRMS, AND NONPROFIT ORGANIZATIONS" and
4 substitute "FIRMS".
5
6

House Journal, March 13
20 HB20-1160 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend printed bill, page 30, after line 8 insert:
25
26 "SECTION 7. Appropriation. (1) For the 2020-21 state fiscal
27 year, $273,119 is appropriated to the department of regulatory agencies.
28 This appropriation is from the division of insurance cash fund created in
29 section 10-1-103 (3), C.R.S. To implement this act, the department may
30 use this appropriation as follows:
31 (a) $189,288 for use by the division of insurance for personal
32 services, which amount is based on an assumption that the division will
33 require an additional 2.5 FTE;
33 (b) $21,975 for use by the division of insurance for 34 operating
35 expenses;
36 (c) $17,056 for the purchase of legal services; and
37 (d) $44,800 for the purchase of information technology services.
38 (2) For the 2020-21 state fiscal year, $17,056 is appropriated to
39 the department of law. This appropriation is from reappropriated funds
40 received from the department of regulatory agencies under subsection
41 (1)(c) of this section and is based on an assumption that the department
42 of law will require an additional 0.1 FTE. To implement this act, the
43 department of law may use this appropriation to provide legal services for
44 the department of regulatory agencies.
45 (3) For the 2020-21 state fiscal year, $44,800 is appropriated to
46 the office of the governor for use by the office of information technology.
47 This appropriation is from reappropriated funds received from the
48 department of regulatory agencies under subsection (1)(d) of this section.
49 To implement this act, the office may use this appropriation to provide
50 information technology services for the department of regulatory
51 agencies.".
52
53 Renumber succeeding sections accordingly.
54
55 Page 1, line 112, strike "AND".
1 Page 2, line 101, strike "DRUGS." and substitute "DRUGS; AND MAKING
2 AN APPROPRIATION.".
3
4



HB20-1163 Management Of Single-use Products 
Comment:
Calendar Notification: Thursday, December 31 2020
GENERAL ORDERS - SECOND READING OF BILLS
(7) in house calendar.
Summary:

The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021.

A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge.

A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition.


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

Status: 1/21/2020 Introduced In House - Assigned to Energy & Environment + Finance
2/24/2020 House Committee on Energy & Environment Refer Amended to Finance
3/9/2020 House Committee on Finance Refer Unamended to House Committee of the Whole
3/13/2020 House Second Reading Laid Over Daily - No Amendments
3/14/2020 House Second Reading Laid Over to 03/30/2020 - No Amendments
5/28/2020 House Second Reading Laid Over to 12/31/2020 - No Amendments
Amendments:

House Journal, February 26
6 HB20-1163 be amended as follows, and as so amended, be referred to
7 the Committee on Finance with favorable
8 recommendation:
9
10 Amend printed bill, page 3, strike lines 18 through 27.
11
12 Page 4, strike lines 1 through 22.
13
14 Renumber succeeding subsections accordingly.
15
16 Page 5, strike lines 5 through 7 and substitute "LIFE CYCLE AND AFTER
17 DISPOSAL.".
18
19 Page 5, line 17, strike "POUNDS," and substitute "POUNDS OVER A
20 DISTANCE OF ONE HUNDRED SEVENTY-FIVE FEET,".
21
22 Page 5, line 22, after "OF" insert "FILM".
23
24 Page 6, strike lines 15 and 16 and substitute "STRAW, OR A SINGLE-USE
25 PLASTIC STIRRER.".
26
27 Page 7, line 1, strike "REQUEST;" and substitute "REQUEST OF THE
28 CUSTOMER;".
29
30 Page 7, line 10, strike "STIRRER; OR" and substitute "STIRRER.".
31
32 Page 7, strike lines 11 through 14.
33
34 Page 8, strike lines 25 through 27.
35
36 Page 9, strike lines 1 through 9 and substitute:
37
38 "25-17-504. Bag charge - disposition of money - repeal.
39 (1) (a) ON AND AFTER JULY 1, 2021, AN OWNER, OPERATOR, EMPLOYEE,
40 CONTRACTOR, OR AGENT OF A STORE MAY PROVIDE A CUSTOMER WITH ONE
41 OR MORE RECYCLABLE PAPER CARRYOUT BAGS OR SINGLE-USE PLASTIC
42 CARRYOUT BAGS AT THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE
43 OF TEN CENTS PER RECYCLABLE PAPER CARRYOUT BAG OR SINGLE-USE
44 PLASTIC CARRYOUT BAG, OR A HIGHER CHARGE IF A MUNICIPALITY OR
45 COUNTY RAISES THE CHARGE BY ORDINANCE OR RESOLUTION. FOR EACH
46 BAG CHARGE PURSUANT TO THIS SUBSECTION (1)(a), THE STORE SHALL:
47 (I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH
48 THE STORE IS LOCATED OR, IF THE STORE IS NOT LOCATED WITHIN A
49 MUNICIPALITY, TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED,
50 WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
51 (A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS
52 SECTION; AND
53 (B) FOR ANY RECYCLING, COMPOSTING, OR OTHER WASTE
54 DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION
55 ACTIVITIES; AND
1 (II) RETAIN FORTY PERCENT, WHICH PORTION OF THE FEE DOES NOT
2 COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX.
3 (b) THE BAG CHARGE SET FORTH IN SUBSECTION (1)(a) OF THIS
4 SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO
5 THE STORE THAT THE CUSTOMER IS A PARTICIPANT IN A FEDERAL OR STATE
6 FOOD ASSISTANCE PROGRAM.
7 (c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2022.
8 (2) (a) ON AND AFTER JULY 1, 2022, AN OWNER, OPERATOR,
9 EMPLOYEE, CONTRACTOR, OR AGENT OF A STORE MAY PROVIDE A
10 CUSTOMER WITH ONE OR MORE RECYCLABLE PAPER CARRYOUT BAGS AT
11 THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE OF TEN CENTS PER
12 RECYCLABLE PAPER CARRYOUT BAG, OR A HIGHER CHARGE IF A
13 MUNICIPALITY OR COUNTY RAISES THE CHARGE BY ORDINANCE OR
14 RESOLUTION. FOR EACH BAG CHARGE PURSUANT TO THIS SUBSECTION (2),
15 THE STORE SHALL:
16 (I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH
17 THE STORE IS LOCATED OR, IF THE STORE IS NOT LOCATED WITHIN A
18 MUNICIPALITY, TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED,
19 WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
20 (A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS
21 SECTION; AND
22 (B) FOR ANY RECYCLING, COMPOSTING, OR OTHER WASTE
23 DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION
24 ACTIVITIES; AND
25 (II) RETAIN FORTY PERCENT, WHICH PORTION OF THE FEE DOES NOT
26 COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX.
27 (b) THE BAG CHARGE SET FORTH IN SUBSECTION (2)(a) OF THIS
28 SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO
29 THE STORE THAT THE CUSTOMER IS A PARTICIPANT IN A FEDERAL OR STATE
30 FOOD ASSISTANCE PROGRAM.
31 (c) (I) ON AND AFTER JULY 1, 2022, AND THROUGH DECEMBER 31,
32 2022, AN OWNER, OPERATOR, EMPLOYEE, CONTRACTOR, OR AGENT OF A
33 STORE MAY PROVIDE A CUSTOMER WITH A SINGLE-USE PLASTIC CARRYOUT
34 BAG AT THE POINT OF SALE FOR THE CHARGE DESCRIBED IN SUBSECTION
35 (2)(a) OF THIS SECTION ONLY IF THE SINGLE-USE PLASTIC CARRYOUT BAG
36 IS WITHIN THE STORE'S REMAINING INVENTORY PURSUANT TO SECTION
37 25-17-503 (2)(a). THE STORE SHALL REMIT THE CHARGE COLLECTED IN
38 ACCORDANCE WITH SUBSECTION (2)(a) OF THIS SECTION.
39 (II) THIS SUBSECTION (2)(c) is repealed, effective January 1, 2023.
40 (3) A STORE THAT PROVIDES CARRYOUT BAGS FOR A CHARGE
41 PURSUANT TO THIS SECTION SHALL:
42 (a) FOR EACH CUSTOMER PROVIDED A CARRYOUT BAG FOR A FEE,
43 PROVIDE ON THE CUSTOMER'S TRANSACTION RECEIPT, A RECORD OF THE
44 NUMBER OF CARRYOUT BAGS PROVIDED AS PART OF THE TRANSACTION
45 AND THE TOTAL AMOUNT OF FEES CHARGED FOR THE CARRYOUT BAGS
46 PROVIDED, ITEMIZED BY TYPE OF CARRYOUT BAG;
47 (b) NOT REFUND TO THE CUSTOMER ANY PORTION OF THE
48 CARRYOUT BAG CHARGE, EITHER DIRECTLY OR INDIRECTLY, OR ADVERTISE
49 OR OTHERWISE CONVEY TO CUSTOMERS THAT ANY PORTION OF THE
50 CARRYOUT BAG CHARGE WILL BE REFUNDED; AND
51 (c) CONSPICUOUSLY DISPLAY A SIGN IN A LOCATION INSIDE OR
52 OUTSIDE THE STORE, WHICH SIGN ALERTS CUSTOMERS ABOUT THE
53 CARRYOUT BAG CHARGE.".
54
18 55 Strike "2021" and substitute "2022" on: Page 6, line 23; Page 7, lines
1 and 20; and Page 9, lines 11 and 15.
2
3



HB20-1193 Income Tax Benefits For Family Leave 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill creates tax incentives to encourage employers to voluntarily support paid parental and medical leave programs for their eligible employees and to encourage eligible employees to save for time away from work during parental and medical leave.

Specifically, section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes:

  • The birth of a child of the individual and caring for the child;
  • The placement of a child with the individual for adoption or foster care;
  • Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the individual unable to perform the functions of the position of the individual;
  • Time for an individual to care for himself or herself or to care for a parent or child after being a victim of domestic abuse; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

An individual may annually contribute up to $5,000 of wages to a leave savings account. An employer may make a contribution to the employee's leave savings account in any amount. The department of health care policy and financing is required to establish a form for an individual to report information regarding leave savings accounts, and the individual must annually file this form with the department of revenue to be eligible for the tax benefit.

Section 3 allows an employee to claim a state income tax deduction for amounts they or their employer contribute to a leave savings account. A taxpayer is also allowed to deduct any interest or other income earned during the taxable year on the investment of money in their leave savings account.

Section 4 creates an income tax credit for an employer that pays an employee for leave that is between 8 and 12 weeks long. The leave must be for one of the same reasons for which an employee may use money in a leave savings account as specified above. The amount of the credit is equal to 15% of the amount paid, so long as the amount paid is at least 50% of the employee's regular salary for a specified time period.

Section 4 also creates an income tax credit for an employer that contributes to an employee's leave savings account. The amount of the credit is equal to 15% of the amount contributed to the account; except that a credit is not allowed for contributions to a leave savings account that exceed $3,000 in a single year.

Both credits are not refundable, but they may be carried forward up to 5 years.

The bill also specifies that for employers, an amount equal to the amount the taxpayer contributed to an employee's leave savings account and an amount equal to the amount the taxpayer paid in wages for an employee while on family leave, to the extent an income tax credit is claimed, will be added to the taxpayer's federal taxable income.


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

Status: 1/30/2020 Introduced In House - Assigned to Finance + Appropriations
5/28/2020 House Committee on Finance Postpone Indefinitely
Amendments:

HB20-1349 Colorado Affordable Health Care Option 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

Beginning January 1, 2022, the bill requires a health insurance carrier (carrier) that offers an individual health benefit plan in this state to offer a Colorado option plan in the Colorado counties where the carrier offers the individual health benefit plan. The commissioner of insurance (commissioner) is required to develop and implement a Colorado option plan that must:

  • Be offered to Colorado residents who purchase health insurance in the individual market;
  • Implement a standardized plan that:
  • Allows consumers to easily compare health benefit plans; and
  • Provides first-dollar, predeductible coverage for certain services;
  • Include the essential health benefits package;
  • Provide different, specific levels of coverage;
  • Include a hospital reimbursement rate formula;
  • Require hospital participation;
  • Require a minimum medical loss ratio of 85%; and
  • Require carriers and pharmacy benefit management firms to pass rebate savings through to consumers and document the savings and pass-through in a form and manner determined by the commissioner.

The Colorado option advisory board (board) is created to advise and make recommendations to the commissioner on all aspects of the Colorado option plan.

The bill authorizes the commissioner to promulgate rules to develop, implement, and operate the Colorado option plan, including:

  • Expanding the Colorado option plan to the small group market;
  • Establishing a hospital reimbursement rate formula; and
  • Requiring carriers to offer the Colorado option plan in specific counties.

If a hospital refuses to participate in the Colorado option plan, the department of public health and environment may issue a warning, impose fines, or suspend, revoke, or impose conditions on the hospital's license.

The commissioner, in consultation with the board, is required to evaluate the Colorado option plan beginning July 1, 2024, and each year thereafter.


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

Status: 3/5/2020 Introduced In House - Assigned to Health & Insurance + Appropriations
3/11/2020 House Committee on Health & Insurance Refer Amended to Appropriations
Amendments:

House Journal, March 12
54 HB20-1349 be amended as follows, and as so amended, be referred to
55 the Committee on Appropriations with favorable
1 recommendation:
2
3 Amend printed bill, page 2, strike lines 2 through 4.
4
5 Page 3, strike lines 1 through 8.
6
7 Renumber succeeding sections accordingly.
8
9 Page 6, line 9, after "MEDICARE." insert "FOR A HOSPITAL THAT IS
10 REIMBURSED THROUGH THE MEDICARE PROSPECTIVE PAYMENT SYSTEM,
11 THE MEDICARE REIMBURSEMENT RATE IS BASED ON THE PROSPECTIVE
12 PAYMENT SYSTEM RATES. FOR A CRITICAL ACCESS HOSPITAL, THE
13 MEDICARE REIMBURSEMENT RATE IS BASED ON ALLOWABLE COSTS AS
14 REPORTED IN MEDICARE COST REPORTS AND THE HISTORICAL
15 COST-TO-CHARGE RATIOS FOR THE SPECIFIC HOSPITAL.".
16
17 Page 11, line 10, strike "10-16-1207;" and substitute "10-16-1208;".
18
19 Page 12, line 1, after "STATE," insert "WITH AN AFFIRMATIVE VOTE OF THE
20 MAJORITY OF THE VOTING MEMBERS OF THE BOARD,".
21
22 Page 12, after line 10 insert:
23
24 "(c) FOR THE SOLE PURPOSE OF SATISFYING THE REQUIREMENT IN
25 SUBSECTION (1)(b) OF THIS SECTION, A LICENSED HEALTH CARE COVERAGE
26 COOPERATIVE AS DEFINED IN SECTION 10-16-1002 (2) THAT IS OPERATING
27 IN A COUNTY IS CONSIDERED ONE OF THE TWO REQUIRED CARRIERS FOR
28 THAT COUNTY. UPON RATE-FILING BY A LICENSED HEALTH CARE
29 COVERAGE COOPERATIVE AND A CARRIER, IN THE INDIVIDUAL, SMALL
30 GROUP, OR LARGE GROUP MARKET, THE COMMISSIONER SHALL EXEMPT
31 THE CARRIER FROM OFFERING THE COLORADO OPTION PLAN IN THAT
32 COUNTY.".
33
34 Reletter succeeding paragraph accordingly.
35
36 Page 14, line 9, strike "TO MITIGATE" and substitute "DESIGNED TO
37 PREVENT".
38
39 Page 14, line 11 after "LINE;" insert "AND".
40
41 Page 14, strike lines 13 through 16 and substitute "BASED ON THE
42 ACTUARIAL VALUE OF SILVER PLANS.".
43
44 Page 16, lines 10 and 11, strike "HOSPITAL-BASED HEALTH CARE
45 PROVIDERS IN COLORADO" and substitute "A STATEWIDE,
46 MULTI-SPECIALTY ASSOCIATION REPRESENTING PHYSICIANS".
47
48 Page 16, strike lines 16 through 22 and substitute:
49
50 "(5) (a) THE COMMISSIONER MAY, IN CONSULTATION WITH THE
51 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND THE BOARD,
52 EXEMPT A HOSPITAL FROM OR CHANGE THE HOSPITAL REIMBURSEMENT
53 RATE FORMULA IF THE HOSPITAL:
54 (I) DEMONSTRATES THAT THE HOSPITAL REIMBURSEMENT RATE
55 FOR THAT HOSPITAL WILL REQUIRE THE HOSPITAL TO CEASE CURRENT
1 LEVELS OF SERVICE AS A DIRECT RESULT OF THE COLORADO OPTION PLAN;
2 OR
3 (II) IS NEGOTIATING A CONTRACT IN GOOD FAITH WITH A LICENSED
4 HEALTH CARE COVERAGE COOPERATIVE AS DEFINED IN SECTION
5 10-16-1002 (2) TO SET REIMBURSEMENT RATES.".
6
7 Page 17, strike lines 3 through 16 and substitute:
8
9 "10-16-1207. Colorado option plan - expansion into the small
10 group market - rules. (1) ON OR AFTER JULY 1, 2024, WITH AN
11 AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD AND IN
12 CONSULTATION WITH THE DEPARTMENT OF HEALTH CARE POLICY AND
13 FINANCING AND AFTER CONSIDERATION OF THE EVALUATION REQUIRED IN
14 SECTION 12-16-1208, THE COMMISSIONER MAY PROMULGATE RULES TO
15 EXPAND THE COLORADO OPTION PLAN TO THE SMALL GROUP MARKET.
16 (2) IN PROMULGATING RULES PURSUANT TO SUBSECTION (1) OF
17 THIS SECTION, THE COMMISSIONER SHALL:
18 (a) ENSURE THAT A COLORADO OPTION PLAN OFFERED IN THE
19 SMALL GROUP MARKET MEETS ALL OF THE CRITERIA REQUIRED IN SECTION
20 10-16-1205 FOR THE COLORADO OPTION PLAN OFFERED IN THE INDIVIDUAL
21 MARKET; AND
22 (b) CONSIDER WHETHER PARTICIPATION IN A LICENSED HEALTH
23 CARE COVERAGE COOPERATIVE, AS DEFINED IN SECTION 10-16-1002 (2),
24 WOULD MEET THE REQUIREMENTS TO OFFER THE COLORADO OPTION PLAN
25 IN THE SMALL GROUP MARKET.".
26
27 Renumber succeeding C.R.S. section accordingly.
28
29 Page 17, line 21, after "FINDINGS" insert "AT A PUBLIC MEETING OF THE
30 BOARD PURSUANT TO SECTION 10-16-1204 (2) AND".
31
32 Page 19, line 19, after "PLAN" add "IN THE RELEVANT NETWORK AREA".
33
34 Page 19, line 23, strike "SHALL" and substitute "MAY".
35
36



HB20-1386 Use Fees For Medical Assistance Program General Fund Offset 
Comment:
Calendar Notification: Saturday, June 6 2020
GENERAL ORDERS - SECOND READING OF BILLS
(7) in senate calendar.
Summary:

Joint Budget Committee. For the 2020-21 state fiscal year (FY 2020-21), the bill:

  • Authorizes the use of healthcare affordability and sustainability fee revenue for state medical assistance program expenditures;
  • Requires $161 million to be appropriated from the healthcare affordability and sustainability fee cash fund to offset general fund expenditures for the state medical assistance program;
  • Reduces the FY 2020-21 general fund appropriation to the department of health care policy and financing (HCPF) for medical services premiums by $161 million; and
  • Appropriates $161 million from the healthcare affordability and sustainability fee cash fund to HCPF for medical services premiums.

The bill also clarifies that if the amount of healthcare affordability and sustainability fee revenue collected exceeds a federal limit, hospitals that received such excess federal matching money are responsible for repaying the excess federal money and any associated federal penalties to the federal government.


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

Status: 5/26/2020 Introduced In House - Assigned to Appropriations
5/27/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/1/2020 House Second Reading Passed - No Amendments
6/2/2020 House Third Reading Laid Over Daily - No Amendments
6/3/2020 House Third Reading Passed - No Amendments
6/3/2020 Introduced In Senate - Assigned to Appropriations
6/4/2020 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
6/5/2020 Senate Second Reading Special Order - Passed - No Amendments
Amendments:

SB20-044 Sales And Use Tax Revenue For Transportation 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

For state fiscal years commencing on or after July 1, 2020, the bill requires 10% of net revenue from sales and use tax, as a portion of the sales and use taxes attributable to sales or use of vehicles and related items, to be credited to the highway users tax fund (HUTF) and thereafter allocated for state, county, and municipal highway system projects in accordance with the existing "second stream" formula for the allocation of HUTF money as follows:

  • 60% to the state highway fund;
  • 22% to counties; and
  • 18% to municipalities.
    (Note: This summary applies to this bill as introduced.)

Status: 1/8/2020 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
1/29/2020 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

SB20-127 Committee Actuarial Review Health Care Plan Legislation 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill creates the health benefit plan design change review committee (committee) in the division of insurance to review introduced bills that impose new requirements on, or amend existing requirements of, health benefit plans. For any such bill, the committee shall conduct an actuarial review of the near-term effects of the bill, including:

  • An estimate of the number of Colorado residents who will be directly affected by the bill;
  • Estimates of changes in the rates of utilization of specific health care services that may result from the bill;
  • Estimates concerning any changes in consumer cost sharing that would result from the bill;
  • The financial impact, if any, of the bill on group benefit plans offered under the "State Employees Group Benefits Act", regardless of whether the bill makes any amendment to that act;
  • The financial impact, if any, of the bill on medical assistance programs under the "Colorado Medical Assistance Act", regardless of whether the bill makes any amendment to that act; and
  • The financial impact, if any, of the bill on small-, medium-, and large-sized business employers.

The bill authorizes the commissioner of insurance to promulgate rules as necessary for the operation of the committee.


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

Status: 1/27/2020 Introduced In Senate - Assigned to Health & Human Services
2/13/2020 Senate Committee on Health & Human Services Refer Unamended to Appropriations
Amendments:

SB20-205 Sick Leave For Employees 
Comment:
Calendar Notification: Saturday, June 6 2020
SENATE APPROPRIATIONS COMMITTEE
9:00 AM Old Supreme Court Chamber
(1) in senate calendar.
Summary:

The bill creates the "Healthy Families and Workplaces Act" (act), which requires employers to provide paid sick leave to employees under various circumstances.

On and after the effective date of the act through December 31, 2020, employers are required to provide each of their employees paid sick leave for employees to take for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act".

Additionally, beginning January 1, 2021, the act requires all employers in Colorado to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours.

An employee:

  • Begins accruing paid sick leave when the employee's employment begins;
  • May use paid sick leave as it is accrued; and
  • May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued.

Employees may use accrued paid sick leave to be absent from work for the following purposes:

  • The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
  • The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
  • The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or
  • A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work.

In addition to the paid sick leave accrued by an employee, the act requires an employer to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works.

The act prohibits an employer from retaliating against an employee who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment, detailing employees' rights under the act.

Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the division to monitor compliance with the act.

The director of the division will implement and enforce the act and adopt rules necessary for such purposes. The act treats an employee's information about the employee's or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave.

Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees.

Employees covered by a collective bargaining agreement would not be entitled to paid sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees.


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

Status: 5/26/2020 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
6/3/2020 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
Amendments:

Senate Journal, June 3
After consideration on the merits, the Committee recommends that SB20-205 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 1, after "(5)." add ""EMPLOYEE" DOES
NOT INCLUDE AN "EMPLOYEE" AS DEFINED IN 45 U.S.C. SEC. 351 (d) WHO
IS SUBJECT TO THE FEDERAL "RAILROAD UNEMPLOYMENT INSURANCE
ACT", 45 U.S.C. SEC. 351 ET SEQ.".

Page 4, line 12, strike "AND" and substitute "OR".

Page 4, strike lines 13 and 14 and substitute:

"(c) A PERSON FOR WHOM THE EMPLOYEE IS RESPONSIBLE FOR
PROVIDING OR ARRANGING HEALTH- OR SAFETY-RELATED CARE.".

Page 4, lines 22 and 23, strike "8-13.3-404 AND 8-13.3-405." and
substitute "8-13.3-404 TO 8-13.3-406.".

Page 5, after line 20 insert:

"(12) "YEAR" MEANS A REGULAR AND CONSECUTIVE
TWELVE-MONTH PERIOD AS DETERMINED BY AN EMPLOYER; EXCEPT THAT
FOR THE PURPOSES OF SECTION 8-13.3-411, "YEAR" MEANS A CALENDAR
YEAR.".

Page 5, line 22, strike "calendar".

Page 6, line 5, after "PERIOD." add "THIS SUBSECTION (2)(a) DOES NOT
LIMIT THE ABILITY OF AN EMPLOYEE TO USE PAID SICK LEAVE AS
PROVIDED IN SECTION 8-13.3-405.".

Page 6, strike lines 18 through 23 and substitute:

"(b) UP TO FORTY-EIGHT HOURS OF PAID SICK LEAVE THAT AN
EMPLOYEE ACCRUES IN A YEAR BUT DOES NOT USE CARRIES FORWARD TO,
AND MAY BE USED IN, A SUBSEQUENT YEAR; EXCEPT THAT AN EMPLOYER
IS NOT REQUIRED TO ALLOW THE EMPLOYEE TO USE MORE THAN
FORTY-EIGHT HOURS OF PAID SICK LEAVE IN A YEAR.".

Page 6, line 25, after "SECTION" insert "AND SECTION 8-13.3-405".

Page 7, line 2, after "TO" insert "SATISFY SECTION 8-13.3-405 AND".

Page 7, line 8, after "SECTION," insert "AND NOTWITHSTANDING SECTION
8-4-101 (14)(a)(IV),".

Page 7, line 9, strike "ACCRUED BUT".

Page 7, line 16, strike "TWELVE" and substitute "SIX".
Page 9, strike lines 19 through 22 and substitute:

"(2) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE PAID SICK
LEAVE UPON THE REQUEST OF AN EMPLOYEE. THE REQUEST MAY BE MADE
ORALLY, IN WRITING, ELECTRONICALLY, OR BY ANY OTHER MEANS
ACCEPTABLE TO THE EMPLOYER. WHEN POSSIBLE, THE EMPLOYEE SHALL
INCLUDE THE EXPECTED DURATION OF THE ABSENCE. AN EMPLOYER MAY
PROVIDE A WRITTEN POLICY THAT CONTAINS REASONABLE PROCEDURES
FOR THE EMPLOYEE TO PROVIDE NOTICE WHEN THE USE OF PAID SICK
LEAVE TAKEN UNDER THIS SECTION IS FORESEEABLE. AN EMPLOYER
SHALL NOT DENY PAID SICK LEAVE TO THE EMPLOYEE BASED ON
NONCOMPLIANCE WITH SUCH A POLICY.".

Page 12, strike lines 21 through 27.

Page 13, strike lines 1 and 2.

Reletter succeeding paragraphs accordingly.

Page 13, strike lines 14 through 16.

Renumber succeeding subsection accordingly.

Page 13, line 24, strike "ON" and substitute "(1) EMPLOYERS IN THE
STATE SHALL COMPLY WITH THE FEDERAL "EMERGENCY PAID SICK
LEAVE ACT" IN THE "FAMILIES FIRST CORONAVIRUS RESPONSE ACT",
PUB. L. 116-127.
(2) ON".

Page 14, line 2, strike "PUB. L. 116-127." and substitute "PUB. L.
116-127, TO EACH EMPLOYEE WHO IS NOT COVERED UNDER THE
"EMERGENCY PAID SICK LEAVE ACT".".

Page 15, line 22, strike "THE".

Page 15 strike lines 23 and 24.

Page 16, line 13, strike "SHALL" and substitute "SHALL, UPON HIRING OR
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,".

Page 17, line 2, after "POSTER" insert "CREATED PURSUANT TO
SUBSECTION (3) OF THIS SECTION".

Page 17, after line 21 insert:

"(6) IF AN EMPLOYER DOES NOT MAINTAIN A PHYSICAL
WORKPLACE, OR AN EMPLOYEE TELEWORKS OR PERFORMS WORK
THROUGH A WEB-BASED PLATFORM, THE EMPLOYER SHALL PROVIDE THE
NOTICE REQUIRED IN THIS SECTION THROUGH ELECTRONIC
COMMUNICATION OR A CONSPICUOUS POSTING IN THE WEB-BASED
PLATFORM.".

Page 18, strike lines 15 through 17 and substitute "4.".

Page 19, strike lines 1 through 5 and substitute:

"(b) AFTER JANUARY 1, 2021, AN EMPLOYER WHO VIOLATES THIS
PART 4 IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED BY
SECTION 8-5-104 (2)(a) AND (2)(b).".

Page 19, after line 7 insert:

"(d) BEFORE COMMENCING ANY CIVIL ACTION UNDER THIS
SECTION, AN AGGRIEVED PERSON MUST, IN ACCORDANCE WITH ARTICLE
4 OF THIS TITLE 8, SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A
WRITTEN DEMAND FOR PAYMENT TO THE EMPLOYER.
(e) IF A PERSON AGGRIEVED BY A VIOLATION OF THIS PART 4 FILES
A CIVIL ACTION TO ENFORCE A JUDGMENT MADE UNDER THIS SECTION,
THE COURT SHALL WAIVE ANY FILING FEE REQUIRED UNDER ARTICLE 32
OF TITLE 13.".

Reletter succeeding paragraph accordingly.

Page 20, strike lines 10 through 14 and substitute:

"(2) NOTHING IN THIS PART 4 DIMINISHES:
(a) THE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY
CONTRACT, COLLECTIVE BARGAINING AGREEMENT, EMPLOYMENT BENEFIT
PLAN, OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A MORE
GENEROUS PAID SICK LEAVE POLICY THAN THE PAID SICK LEAVE POLICY
REQUIRED BY THIS PART 4; OR
(b) THE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE
UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT,
EMPLOYER POLICY, OR EMPLOYMENT CONTRACT.".

Page 20, strike lines 26 and 27.

Page 21, strike lines 1 through 4 and substitute "DOES NOT APPLY TO AN
EMPLOYEE IN THE BUILDING AND CONSTRUCTION INDUSTRY WHO IS
COVERED BY A COLLECTIVE BARGAINING AGREEMENT IF THE COLLECTIVE
BARGAINING AGREEMENT:
(a) EXPRESSLY PROVIDES FOR PAID SICK DAYS, PAID LEAVE, OR A
PAID TIME OFF POLICY THAT PERMITS THE USE OF SICK DAYS FOR THOSE
EMPLOYEES; OR
(b) WAIVES THE REQUIREMENTS OF THIS PART 4 IN CLEAR AND
UNAMBIGUOUS TERMS.
8-13.3-416. Employer policies. AN EMPLOYER POLICY ADOPTED
OR RETAINED MUST NOT DIMINISH AN EMPLOYEE'S RIGHT TO PAID SICK
LEAVE UNDER THIS PART 4. ANY AGREEMENT BY AN EMPLOYEE TO WAIVE
THE EMPLOYEE'S RIGHTS UNDER THIS PART 4 IS VOID AS AGAINST PUBLIC
POLICY.
8-13.3-417. Severability. IF ANY PROVISION OF THIS PART 4 OR
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS JUDGED
INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS PART 4 THAT CAN BE GIVEN EFFECT WITHOUT THE
INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS
OF THIS PART 4 ARE DECLARED SEVERABLE.".


Finance



SB20-207 Unemployment Insurance 
Comment:
Calendar Notification: Saturday, June 6 2020
SENATE APPROPRIATIONS COMMITTEE
9:00 AM Old Supreme Court Chamber
(2) in senate calendar.
Summary:

For the purpose of creating a rebuttable presumption that an individual is an independent contractor, the bill allows the individual to establish that the person for whom he or she is performing services does not combine the business operations with the individual's business and the individual performs work that is not the primary work of the person or related to the primary work of the person. The bill authorizes the parties to demonstrate the satisfaction of the factors considered by the division of employment insurance in the department of labor and employment (division) in a manner other than a written document. If an individual is determined to be an employee for the pruposes of the wage theft laws, the individual is deemed an employee for the purposes of determining eligibility for unemployment insurance compensation benefits.

The bill exempts payment for services to an election judge for the purposes of calculating total unemployment compensation benefits.

Current law requires a deduction from the weekly total and partial unemployment benefit amounts of the part of wages that exceeds 25% of the weekly benefit amount. The bill changes the percentage of wages for calculating the deduction to 50%.

When determining whether an individual qualifies for unemployment insurance, the bill directs the division to consider whether the individual has separated from employment or has refused to accept new employment because:

  • The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; an executive order issued by the governor requiring the employer to close the business or modify the operation of the business; and any public health order issued by the department of public health and environment or a local government;
  • The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or
  • The employee is immunocompromised and more susceptible to illness during a public health emergency.

The bill changes the time period that an interested party has to respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days.

Current law authorizes the division to approve a work share plan submitted by an employer if the employee's normal weekly work hours have been reduced by at least 10% but not more than 40%. The bill changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law.

The bill removes the cap on the amount of money that can be paid into and remain in the employment support fund.

The bill requires the director of the division to study and report to the general assembly the feasibility of creating an unemployment insurance compensation program and fund for individuals engaged in independent trades, occupations, and professions.


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

Status: 5/26/2020 Introduced In Senate - Assigned to Finance
6/2/2020 Senate Committee on Finance Refer Amended to Appropriations
Amendments:

Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-207 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, strike lines 2 through 25.

Strike pages 4 and 5.

Page 6, strike lines 1 through 11.

Renumber succeeding sections accordingly.

Page 6, line 15, strike "(4)" and substitute "(4)(a)".

Page 6, line 17, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 6, after line 19, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, THERE SHALL BE DEDUCTED
FROM THE WEEKLY BENEFIT AMOUNT THAT PART OF WAGES PAYABLE TO
AN INDIVIDUAL WITH RESPECT TO A WEEK THAT IS IN EXCESS OF FIFTY
PERCENT OF THE WEEKLY BENEFIT AMOUNT, AND THE WEEKLY BENEFIT
AMOUNT RESULTING SHALL BE COMPUTED TO THE NEXT LOWEST
MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 6, line 24, strike "SERVICES." and substitute "SERVICES; EXCEPT
THAT "WAGES" INCLUDES PAYMENT MADE TO AN ELECTION JUDGE IF THE
PAYMENT EXCEEDS THE MAXIMUM AMOUNT PERMISSIBLE PURSUANT TO
FEDERAL LAW.".

Page 6, line 27, strike "(1)" and substitute "(1)(a)".

Page 7, line 5, strike "twenty-five FIFTY" and substitute "twenty-five".

Page 7, after line 8, insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND
FOR TWO CALENDAR YEARS THEREAFTER, PARTIAL BENEFITS SHALL BE IN
AN AMOUNT EQUAL TO THE ELIGIBLE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT FOR TOTAL UNEMPLOYMENT, MINUS THAT PART OF WAGES
PAYABLE TO THE INDIVIDUAL WITH RESPECT TO THE WEEK THAT IS IN
EXCESS OF FIFTY PERCENT OF THE INDIVIDUAL'S WEEKLY BENEFIT
AMOUNT AS COMPUTED IN ACCORDANCE WITH SECTION 8-73-102, AND
THE BENEFIT PAYMENT RESULTING SHALL BE COMPUTED TO THE NEXT
LOWER MULTIPLE OF ONE DOLLAR.
(II) THIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".

Page 7, line 10, strike the second "and".

Page 7, strike line 11 and substitute "(5)(b)(V), and (5)(b)(VI) as
follows:".

Page 9, line 23, strike "EMERGENCY." and substitute "EMERGENCY; OR
(VI) THE EMPLOYEE IS IMMUNOCOMPROMISED AND MORE
SUSCEPTIBLE TO ILLNESS OR DISEASE DURING A PUBLIC HEALTH
EMERGENCY AS EVIDENCED BY THE EMPLOYEE'S HEALTH CARE
PROVIDER.".

Page 12, strike line 10 and substitute "(1)(b); and repeal (2)(a.7) and
(2)(a.8) as follows:".

Page 12, strike lines 15 and 16 and substitute "8-76-102.5 (3)(a). or the
amount expended from the employment support fund in the year prior to
July 1, 2011, adjusted by the same percentage".

Page 13, after line 3 insert:

"(2) (a.7) Notwithstanding any provision of this subsection (2) to
the contrary, on March 5, 2003, the state treasurer shall deduct five
million four hundred thousand dollars from the employment support fund
and transfer such sum to the general fund.
(a.8) Notwithstanding any provision of this subsection (2) to the
contrary, on April 20, 2009, the state treasurer shall deduct five million
dollars from the employment support fund and transfer such sum to the
general fund.".

Page 13, strike lines 6 through 27.

Page 14, strike lines 1 through 3 and substitute:

"8-77-110. Office of future of work - study - report. (1) THE
OFFICE OF FUTURE OF WORK IN THE DEPARTMENT OF LABOR AND
EMPLOYMENT, CREATED BY EXECUTIVE ORDER B 2019 009 SHALL, WITHIN
THE SCOPE OF THE EXECUTIVE ORDER, STUDY UNEMPLOYMENT
ASSISTANCE AS PART OF ITS STUDY ON THE MODERNIZATION OF WORKER
BENEFITS AND PROTECTIONS.
(2) ON OR BEFORE JANUARY 15, 2021, THE OFFICE OF THE FUTURE
OF WORK SHALL SUBMIT AN INITIAL REPORT AS DIRECTED BY THE
EXECUTIVE ORDER, TO THE GOVERNOR AND TO THE BUSINESS, LABOR,
AND TECHNOLOGY COMMITTEE OF THE SENATE AND THE BUSINESS
AFFAIRS AND LABOR COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR
THEIR SUCCESSOR COMMITTEES.".




SB20-216 Workers' Compensation For COVID-19 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary:

The bill provides that, for purposes of the "Workers' Compensation Act of Colorado", if an essential worker who works outside of the home contracts COVID-19, the contraction is:

  • Presumed to have arisen out of and in the course of employment; and
  • A compensable accident, injury, or occupational disease.

An essential worker is considered to have contracted COVID-19 if the worker tests positive for the virus that causes COVID-19, is diagnosed with COVID-19 by a licensed physician, or has COVID-19 listed as the cause of death on the worker's death certificate.


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

Status: 6/2/2020 Introduced In Senate - Assigned to Finance
Amendments:

SCR20-001 Repeal Property Tax Assessment Rates 
Comment:
Calendar Notification: Friday, June 5 2020
GENERAL ORDERS - SECOND READING OF BILLS
(4) in senate calendar.
Summary: *** No bill summary available ***
Status: 6/1/2020 Introduced In Senate - Assigned to Finance
6/2/2020 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
6/4/2020 Senate Second Reading Laid Over Daily - No Amendments
Amendments: