Rocky Mountain Surety Association
2018 Bill Tracker

HB21-1019 Modification To Regulations Of Factory-built Structures 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: E. Hooton (D) / J. Ginal (D) | R. Woodward (R)
Summary:



The act makes the following modifications to the regulations of factory-built structures, manufactured housing, and installers and sellers of manufactured housing:

  • Clarifies that the division of housing (division) has enforcement powers over the installation and sale of manufactured homes and over the safety of hotels and multi-family structures where no other construction standards exist;
  • Clarifies that a manufacturer who violates applicable law is subject to registration revocation or any other measures prescribed by the division or applicable law;
  • Clarifies that a local government may enforce local rules governing the installation of factory-built housing that are approved by the division of housing;
  • Clarifies that authority granted to the division is over work related to factory-built structures that is completed offsite or completed onsite with components shipped with the factory-built structure;
  • Clarifies that a local government's authority is over work completed onsite and is not over work performed offsite or work that is completed onsite using components shipped with the factory-built structure;
  • Allows the division to authorize a local government to inspect and charge fees related to work that is completed onsite using components shipped with a factory-built structure;
  • Clarifies that a factory-built structure bearing an insignia of approval issued by the division complies with applicable state codes and local government installation requirements approved by the division;
  • Clarifies that an insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified by approved plans;
  • Clarifies that a homeowner who installs a manufactured home for their own personal use is not required to register with the division;
  • Allows the division to set the surety bond, insurance, and educational requirements for a registered installer of a manufactured home by rule-making;
  • Creates disclosure requirements relating to financial instruments and legal actions for installation contracts;
  • Requires installers to contact the division if the installer is not able to strictly comply with the manufacturer's instructions;
  • Clarifies that a manufacturer must receive an installation authorization unless the installation is occurring in a jurisdiction where a local government is acting as an independent contractor;
  • Clarifies that an installation insignia must be affixed to the manufactured home by the division or the local government independent contractor upon the completion of the installation;
  • Clarifies what costs the installer may be required to pay if a manufactured home was not completely installed;
  • Requires an insurer or financial institution to pay the division the amount of a claim against the letter of credit, certificate of deposit, or surety bond filed with the division by a registered installer if there has been a finding that the installer failed to perform as required by applicable law;
  • Clarifies that a local government may only enact installation rules related to geographic or climatic conditions and any such rules cannot federal law;
  • Allows a local government to require onsite mitigation addressing public safety requirements applicable to manufactured homes that comply with the federal manufactured home construction and safety standard;
  • Clarifies that a person who is employed by a registered seller to negotiate for the sale of manufactured homes is not considered a seller for purposes of the applicable registration requirements;
  • Allows the division to set escrow requirements and the minimum amount of a financial instrument filed by a registered seller of a manufactured home through rule-making;
  • Removes the requirement that the division send the attorney general a monthly list of all persons registered and bonded with the division;
  • Removes the restriction that any financial instrument filed with the division is only revocable upon the written consent of the attorney general;
  • Clarifies the disclosures that are required to be made in contracts for the sale of manufactured homes;
  • Clarifies that any fines paid to the division by a seller must be credited by the state treasurer to the building regulation fund;
  • Clarifies the types of homes that may not be excluded by counties and municipalities; and
  • Clarifies that a county or municipality must comply with the state requirements for local installation standards when enacting building code provisions for a manufactured home.
    (Note: This summary applies to this bill as enacted.)

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government
3/23/2021 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole
3/26/2021 House Second Reading Passed with Amendments - Committee
3/29/2021 House Third Reading Passed - No Amendments
3/30/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2021 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/15/2021 Senate Second Reading Passed - No Amendments
4/16/2021 Senate Third Reading Passed - No Amendments
4/30/2021 Signed by the Speaker of the House
4/30/2021 Sent to the Governor
4/30/2021 Signed by the President of the Senate
5/10/2021 Governor Signed

HB21-1100 Electronic Filing Of Documents With Governmental Entities 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Soper (R) | S. Gonzales-Gutierrez (D) / J. Bridges (D) | P. Lundeen (R)
Summary:



The act requires the office of information technology (office) in partnership with each principal department of the state to file a report by October 15, 2021, with the joint technology committee (committee) concerning the department's electronic filing capacity. The report must include information on the proportion of documents that can currently be filed electronically with the department, the actions required to allow at least 80% of documents filed with the department to be filed electronically, and any obstacles or barriers the department or the office would face in implementing electronic filing for at least 80% of documents filed with the department.

The governing body of each county and city and county is also required to file a report with the committee by October 15, 2021, concerning the county's electronic filing capacity. The report must include information on the proportion of documents that can currently be filed electronically with the county, the actions required to allow at least 80% of documents filed with the county to be filed electronically, and any obstacles or barriers the county would face in implementing electronic filing for at least 80% of documents filed with the county.

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

Status: 2/16/2021 Introduced In House - Assigned to Finance
4/8/2021 House Committee on Finance Refer Amended to House Committee of the Whole
4/13/2021 House Second Reading Laid Over Daily - No Amendments
4/16/2021 House Second Reading Passed with Amendments - Committee
4/19/2021 House Third Reading Passed - No Amendments
4/20/2021 Introduced In Senate - Assigned to Finance
4/28/2021 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/3/2021 Senate Second Reading Passed - No Amendments
5/4/2021 Senate Third Reading Passed - No Amendments
5/27/2021 Signed by the Speaker of the House
5/28/2021 Sent to the Governor
5/28/2021 Signed by the President of the Senate
6/7/2021 Governor Signed

HB21-1124 Expand Ability Conduct Business Electronically 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Bird (D) | M. Soper (R) / P. Lee (D)
Summary:



The act facilitates business entities' ability to conduct business activities electronically by:

  • Defining terms, including address, delivery, document, e-mail, electronic transmission, notice, and sign, that relate to electronic communications;
  • Specifying how notice may be given by electronic transmission; and
  • Establishing requirements for remote participation in shareholders' and directors' meetings.
    (Note: This summary applies to this bill as enacted.)

Status: 2/19/2021 Introduced In House - Assigned to Business Affairs & Labor
2/25/2021 House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
3/2/2021 House Second Reading Passed - No Amendments
3/3/2021 House Third Reading Passed - No Amendments
3/5/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
3/29/2021 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/1/2021 Senate Second Reading Passed - No Amendments
4/5/2021 Senate Third Reading Passed - No Amendments
4/9/2021 Sent to the Governor
4/9/2021 Signed by the Speaker of the House
4/9/2021 Signed by the President of the Senate
4/19/2021 Governor Signed

SB21-169 Restrict Insurers' Use Of External Consumer Data 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Buckner / N. Ricks | D. Esgar (D)
Summary:



The act prohibits an insurer from:

  • Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression in any insurance practice; or
  • Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) with regard to any insurance practice that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression.


After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:

  • Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice;
  • Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice;
  • Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression;
  • Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and
  • Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis.


The rules adopted by the commissioner must include provisions establishing:

  • A reasonable period of time for insurers to remedy any unfairly discriminatory impact in an external data source; and
  • The ability of insurers to use external data sources that have been previously assessed by the division of insurance (division) and found not to be unfairly discriminatory.


Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets. The commissioner may use the documents, materials, or other information in furtherance of any regulatory or legal action and make the data publicly available in an aggregated or de-identified format.

The commissioner may examine and investigate an insurer's use of an external data source in any insurance practice.

In the department of regulatory agencies' annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division shall include:

  • Information concerning any rules adopted pertaining to this act;
  • Information concerning any changes in insurance rates that have resulted from the prohibitions described in the act; and
  • A summary of the stakeholder process, including a description of data sources insurers may use to comply with this act.


The requirements described in the act do not apply to:

  • Title insurance;
  • Bonds executed by qualified surety companies; or
  • Insurers of exempt commercial policyholders.
    (Note: This summary applies to this bill as enacted.)

Status: 3/2/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
5/3/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
5/6/2021 Senate Second Reading Laid Over Daily - No Amendments
5/6/2021 Senate Second Reading Laid Over to 05/10/2021 - No Amendments
5/10/2021 Senate Second Reading Laid Over to 05/12/2021 - No Amendments
5/12/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/13/2021 Senate Third Reading Passed - No Amendments
5/18/2021 Introduced In House - Assigned to Health & Insurance
5/28/2021 House Committee on Health & Insurance Refer Amended to House Committee of the Whole
6/3/2021 House Second Reading Special Order - Passed with Amendments - Committee, Floor
6/4/2021 House Third Reading Laid Over Daily - No Amendments
6/7/2021 House Third Reading Passed - No Amendments
6/7/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/23/2021 Signed by the Speaker of the House
6/23/2021 Signed by the President of the Senate
6/23/2021 Sent to the Governor
7/6/2021 Signed by Governor
7/6/2021 Governor Signed

SB21-265 Transfer From General Fund To State Highway Fund 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Zenzinger (D) | B. Rankin (R) / J. McCluskie (D) | H. McKean (R)
Summary:



On July 1, 2021, the state treasurer is required to transfer $124 million from the general fund to the state highway fund.

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

Status: 5/6/2021 Introduced In Senate - Assigned to Appropriations
5/12/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/14/2021 Senate Second Reading Passed - No Amendments
5/17/2021 Senate Third Reading Passed - No Amendments
5/19/2021 Introduced In House - Assigned to Appropriations
5/26/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/28/2021 House Second Reading Special Order - Passed - No Amendments
6/1/2021 House Third Reading Passed - No Amendments
6/15/2021 Signed by the President of the Senate
6/15/2021 Sent to the Governor
6/15/2021 Signed by the Speaker of the House
6/18/2021 Governor Signed