Amendments for HB19-1076
House Journal, February 27
36 HB19-1076 be amended as follows, and as so amended, be referred to
37 the Committee of the Whole with favorable
38 recommendation:
39
40 Amend printed bill, page 3, line 19, strike "(7) and (16); repeal (1) and
41 (18);" and substitute "(7), (16), and (18); repeal (1);".
42
43 Page 4, line 16, strike "FEET." and substitute "FEET UNLESS SECTION
44 25-14-207 (2)(a)(II)(B) OR (2)(a)(II)(C) APPLIES.".
45
46 Page 4, strike lines 25 through 27.
47
48 Page 5, strike lines 1 and 2 and substitute:
49 "(18) "Tobacco business" means a sole proprietorship,
50 corporation, partnership, or other enterprise engaged primarily in the sale,
51 manufacture, or promotion of tobacco, tobacco products, or smoking
52 devices or accessories, INCLUDING ESDS, either at wholesale or retail, and
53 in which the sale, manufacture, or promotion of other products is merely
54 incidental.".
55
1 Page 5, line 4, strike "(1)(k)(II)," and substitute "(1)(k)," and strike "and
2 (1)(cc);" and substitute "(1)(cc), and (2); repeal (1)(q);".
3
4 Page 5, line 5, strike "(1)(dd)" and substitute "(1)(dd), (1)(ee), (1)(ff), and
5 (3)".
6
7 Page 5, after line 10 insert:
8
9 "(k) (I) Any place of employment that is not exempted, WHETHER
10 OR NOT OPEN TO THE PUBLIC AND REGARDLESS OF THE NUMBER OF
11 EMPLOYEES.".
12
13 Page 5, line 11, strike "(k)".
14
15 Page 5, after line 16 insert:
16
17 "(q) Restrooms, lobbies, hallways, and other common areas in
18 hotels and motels, and in at least seventy-five percent of the sleeping
19 quarters within a hotel or motel that are rented to guests;".
20
21 Page 5, line 18, strike "and," and substitute "and".
22
23 Page 5, line 19, strike "AND ASSISTED LIVING FACILITIES,".
24
25 Page 5, line 24, strike "AND".
26
27 Page 5, after line 24 insert:
28 "(dd) HOTEL AND MOTEL ROOMS;
29 (ee) ASSISTED LIVING FACILITIES, INCLUDING NURSING FACILITIES
30 AS DEFINED IN SECTION 25.5-4-103 AND ASSISTED LIVING RESIDENCES AS
31 DEFINED IN SECTION 25-27-102; AND".
32
33 Page 5, line 25, strike "(dd)" and substitute "(ff)".
34
35 Page 5, line 26, strike "(1)(cc)" and substitute "(1)(ee)".
36
37 Page 5, after line 26 insert:
38 "(2) A cigar-tobacco bar:
39 (a) Shall not expand its size or change its location from the size
40 and location in which it existed as of December 31, 2005; A
41 cigar-tobacco bar AND
42 (b) Shall PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS
43 OF AGE AND SHALL display signage in at least one conspicuous place and
44 at least four inches by six inches in size stating: "Smoking allowed.
45 Children under eighteen years of age must be accompanied by a parent or
46 guardian MAY NOT ENTER."
47 (3) A RETAIL TOBACCO BUSINESS SHALL PROHIBIT ENTRY BY ANY
48 PERSON UNDER EIGHTEEN YEARS OF AGE AND SHALL DISPLAY SIGNAGE IN
49 AT LEAST ONE CONSPICUOUS PLACE AND AT LEAST FOUR INCHES BY SIX
50 INCHES IN SIZE STATING: "SMOKING ALLOWED. CHILDREN UNDER
51 EIGHTEEN YEARS OF AGE MAY NOT ENTER."".
52
53 Page 6, line 1, strike "portion;" and substitute "portion, (1)(c), (1)(g), and
54 (1)(i);" and strike "(1)(c), (1)(d),".
55
1 Page 6, line 7, strike "percent;" and substitute "percent ANY PREMISES
2 THAT IS LICENSED UNDER PART 4 OF ARTICLE 12 OF TITLE 44 OR
3 AUTHORIZED BY ANY APPLICABLE MUNICIPAL ORDINANCE OR PERMIT, AT
4 WHICH MARIJUANA IS OFFERED TO PURCHASERS OR PROSPECTIVE
5 PURCHASERS FOR SALE OR SAMPLING;".
6
7 Page 6, strike line 8.
8
9 Page 6, after line 9 insert:
10 "(g) The outdoor area of any business; OR".
11
12 Page 6, after line 12 insert:
13 "(i) A private, nonresidential building on a farm or ranch, as
14 defined in section 39-1-102, C.R.S., that has annual gross income of less
15 than five hundred thousand dollars. or".
16
17 Page 6, line 21, strike "repeal 25-14-206" and substitute "25-14-206,
18 amend (1); and repeal (2)".
19
20 Page 6, strike lines 23 through 27.
21
22 Page 7, strike lines 1 and 2 and substitute:
23 "25-14-206. Optional prohibitions. (1) The owner or manager
24 of any place not specifically listed in section 25-14-204, including a place
25 otherwise exempted under section 25-14-205 may post signs prohibiting
26 smoking. or providing smoking and nonsmoking areas. Such posting shall
27 have the effect of including such place or the designated nonsmoking
28 portion thereof, in the places where smoking is prohibited or restricted
29 pursuant to this part 2.".
30
31 Page 7, line 3, strike "(2)" and substitute "(2)".
32
33 Page 7, line 12, after "(a)" insert "(I)".
34
35 Page 7, line 13, after "charter," add "SECTION 44-12-309,".
36 Page 7, line 16, strike "THAT" and substitute "THAT, UNLESS OTHERWISE
37 AUTHORIZED UNDER SUBSECTION (2)(a)(II)(B) OR (2)(a)(II)(C) OF THIS
38 SECTION,".
39
40 Page 7, line 18, strike "except that A" and substitute "except that
41 (II) (A) A".
42
43 Page 7, after line 20 insert:
44
45 "(B) A LOCAL REGULATION THAT WAS ADOPTED BY A LOCAL
46 AUTHORITY BEFORE JANUARY 1, 2019, AND THAT SPECIFIES A RADIUS OF
47 LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN AN
48 ENTRYWAY REMAINS VALID AND MUST BE GIVEN EFFECT AFTER THE
49 EFFECTIVE DATE OF THIS SECTION, AS AMENDED.
50 (C) IF A PERSON OWNS OR LEASES BUSINESS PREMISES THAT WERE
51 UNDER CONSTRUCTION OR RENOVATION ON JULY 1, 2019, AND THAT
52 COMPLIED WITH A LOCAL REGULATION OF SMOKING THAT SPECIFIED A
53 RADIUS OF LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN
54 AN ENTRYWAY, AND, AS OF JULY 1, 2019, HAS APPLIED FOR OR RECEIVED
55 FROM THE MUNICIPALITY, CITY AND COUNTY, OR COUNTY IN WHICH THE
1 PREMISES ARE LOCATED, A CERTIFICATE OF OCCUPANCY FOR THE
2 STRUCTURE TO BE USED FOR THE BUSINESS PREMISES, THE PERSON IS
3 DEEMED IN COMPLIANCE WITH ALL LOCAL REGULATIONS SPECIFYING THE
4 RADIUS OF THE AREA INCLUDED WITHIN AN ENTRYWAY.".
5
6 Page 7, before line 21 insert:
7 "SECTION 7. In Colorado Revised Statutes, 25-14-208, amend
8 (3) as follows:
9 25-14-208. Unlawful acts - penalty - disposition of fines and
10 surcharges. (3) EXCEPT AS OTHERWISE PROVIDED IN SECTION
11 25-14-208.5, a person who violates this part 2 is guilty of a class 2 petty
12 offense and, upon conviction thereof, shall be punished by a fine not to
13 exceed two hundred dollars for a first violation within a calendar year, a
14 fine not to exceed three hundred dollars for a second violation within a
15 calendar year, and a fine not to exceed five hundred dollars for each
16 additional violation within a calendar year. Each day of a continuing
17 violation shall be deemed a separate violation.
18 SECTION 8. In Colorado Revised Statutes, add 25-14-208.5 as
19 follows:
20 25-14-208.5. Signage violations - limitation on fines. (1) FOR
21 A VIOLATION OF SECTION 25-14-204 (2), THE PENALTY SHALL BE AS
22 FOLLOWS:
23 (a) A WRITTEN WARNING FOR A FIRST VIOLATION COMMITTED
24 WITHIN A TWENTY-FOUR-MONTH PERIOD; AND
25 (b) FINES AS SPECIFIED IN SECTION 25-14-208 (3) FOR A SECOND OR
26 SUBSEQUENT VIOLATION WITHIN A TWENTY-FOUR-MONTH PERIOD.
27 (2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, NO FINE
28 FOR A VIOLATION OF SECTION 25-14-204 (2) SHALL BE IMPOSED UPON A
29 PERSON THAT CAN ESTABLISH AS AN AFFIRMATIVE DEFENSE THAT, PRIOR
30 TO THE DATE OF THE VIOLATION, IT:
31 (a) HAD ADOPTED AND ENFORCED A WRITTEN POLICY AGAINST
32 ALLOWING PERSONS UNDER EIGHTEEN YEARS OF AGE TO ENTER THE
33 PREMISES;
34 (b) HAD INFORMED ITS EMPLOYEES OF THE APPLICABLE LAWS
35 REGARDING THE PROHIBITION OF PERSONS UNDER EIGHTEEN YEARS OF AGE
36 TO ENTER OR REMAIN IN AREAS WHERE SMOKING IS PERMITTED;
37 (c) REQUIRED EMPLOYEES TO VERIFY THE AGE OF PERSONS ON THE
38 PREMISES BY WAY OF PHOTOGRAPHIC IDENTIFICATION; AND
39 (d) HAD ESTABLISHED AND IMPOSED DISCIPLINARY SANCTIONS FOR
40 NONCOMPLIANCE.
41 (3) THE AFFIRMATIVE DEFENSE ESTABLISHED IN SUBSECTION (2)
42 OF THIS SECTION MAY BE USED ONLY TWICE AT EACH LOCATION WITHIN
43 ANY TWENTY-FOUR-MONTH PERIOD.".
44
45 Renumber succeeding sections accordingly.
46
47 Page 8, strike line 5 and substitute:
48
49 "SECTION 10. Effective date. (1) Except as provided in
50 subsection (2) of this section, this act takes effect July 1, 2019.
51 (2) Section 25-14-204 (2) and (3), as amended and enacted,
52 respectively, in section 3 of this act, take effect October 1, 2019.".
53
54
House Journal, April 17
33 Amendment No. 1, Health & Insurance Report, dated February 27, 2019,
34 and placed in member's bill file; Report also printed in House Journal,
35 February 28, 2019.
36
37 Amendment No. 2, by Representative(s) Larson.
38
39 Amend the Health and Insurance Committee Report, dated February 27,
40 2019, page 2, strike lines 29 through 31.
41
42 Page 3 of the report, strike lines 1 and 2 and substitute:
43
44 "(3) A RETAIL TOBACCO BUSINESS:
45 (a) SHALL PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN
46 YEARS OF AGE; AND
47 (b) SHALL DISPLAY SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE
48 AND AT LEAST FOUR INCHES BY SIX INCHES IN SIZE STATING EITHER:
49 (I) "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF
50 AGE MAY NOT ENTER."; OR
51 (II) IN THE CASE OF A RETAIL TOBACCO BUSINESS THAT DESIRES TO
52 ALLOW THE USE OF ESDS BUT NOT OTHER FORMS OF SMOKING ON THE
53 PREMISES, "VAPING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE
54 MAY NOT ENTER."".".
55
1 Amendment No. 3, by Representative(s) Larson.
2
3 Amend the Health and Insurance Committee Report, dated February 27,
4 2019, page 3, line 3, strike "(1)(c),".
5
6 Page 3 of the report, line 4, strike ""(1)(c), (1)(d),"." and substitute
7 ""(1)(d),".".
8
9 Page 3 of the report, strike lines 5 through 9.
10
11 Page 3 of the report, strike line 30.
12
13 Amendment No. 4, by Representative(s) Michaelson Jenet.
14
15 Amend printed bill, page 3, line 17, after the period add "NOTHING IN
16 THIS PART 2 IS INTENDED TO INHIBIT A PERSON'S ABILITY TO TAKE
17 MEDICINE USING AN INHALER OR SIMILAR DEVICE, NOR TO PREVENT AN
18 EMPLOYER OR BUSINESS OWNER FROM MAKING REASONABLE
19 ACCOMMODATION FOR THE MEDICAL NEEDS OF AN EMPLOYEE, CUSTOMER,
20 OR OTHER PERSON IN ACCORDANCE WITH THE FEDERAL "AMERICANS WITH
21 DISABILITIES ACT OF 1990", AS AMENDED, 42 U.S.C. SEC. 12101 ET SEQ.".
22
23 Amendment No. 5, by Representative(s) Michaelson Jenet.
24
25 Amend printed bill, page 4, line 1, strike "PRODUCT" and substitute
26 "PRODUCT, OTHER THAN A PRODUCT DESCRIBED IN SUBSECTION (4.5)(c)
27 OF THIS SECTION,".
28
29 Page 4, line 4, strike "AND".
30
31 Page 4, line 9, strike "DESCRIPTOR." and substitute "DESCRIPTOR; AND".
32
33 Page 4, after line 9 insert:
34
35 "(c) DOES NOT INCLUDE:
36 (I) A HUMIDIFIER OR SIMILAR DEVICE THAT EMITS ONLY WATER
37 VAPOR; OR
38 (II) AN INHALER, NEBULIZER, OR VAPORIZER THAT IS APPROVED BY
39 THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE DELIVERY OF
40 MEDICATION.".
41
42 As amended, ordered engrossed and placed on the Calendar for Third
43 Reading and Final Passage.
44
45
Senate Journal, April 26
After consideration on the merits, the Committee recommends that HB19-1076 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 7, line 19, after "portion," insert "(1)(d),",
and strike "(1)(d)," and substitute "(1)(c),".
Page 7, after line 25 insert:
"(d) Any retail tobacco business; EXCEPT THAT THE
REQUIREMENTS IN SECTION 25-14-204 (3) AND ANY RELATED PENALTIES
APPLY TO A RETAIL TOBACCO BUSINESS;".
Page 10, line 20, strike "(2)," and substitute "(2) OR (3),".
Page 10, line 27, after "(2)" insert "OR (3)".
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