COLORADO RESTAURANT ASSOCIATION


HB19-1004 Proposal For Affordable Health Coverage Option 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Roberts | M. Catlin / K. Donovan
Summary:

The bill requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session.

The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the bill. The proposal must also identify any necessary changes to state law to implement the proposal.

In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session.

The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee.


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

Status: 5/17/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Melton | L. Herod / M. Foote | R. Rodriguez
Summary:

Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, the bill prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's publicly available criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


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

Status: 4/29/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Michaelson Jenet | C. Larson / K. Priola | K. Donovan
Summary:

The bill amends the "Colorado Clean Indoor Air Act" by:

  • Adding a definition of "electronic smoking device" (ESD) to include e-cigarettes and similar devices within the scope of the act;
  • Citing the results of recent research on ESD emissions and their effects on human health as part of the legislative declaration;
  • Eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities;
  • Repealing the ability of property owners and managers to designate smoking areas through the posting of signs;
  • Exempting FDA-approved nebulizers, inhalers, and vaporizers, as well as humidifiers that emit only water vapor, from the definition of an ESD;
  • Amending signage requirements for tobacco businesses and vape shops that must notify customers of prohibitions on entry by persons under the age of 18;
  • Increasing the radius of an "entryway", the area around the doorway to a building where smoking is not permitted, from a minimum of 15 feet to a minimum of 25 feet except where existing local regulations permitted a smaller radius when construction or renovation of a business commenced, on or before July 1, 2019; and
  • Creates a grace period and graduated penalties for enforcement of the amended signage requirements for tobacco businesses and vape shops.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/15/2019 Signed by the President of the Senate
Fiscal Notes:

Fiscal Note


HB19-1107 Employment Support Job Retention Services Program 
Comment:
Position:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
Sponsors: J. Coleman / R. Fields | K. Priola
Summary:

The bill creates the employment support and job retention services program (program) within the division of employment and training (division) in the department of labor and employment (department) to provide emergency employment support and job retention services to eligible individuals in the state. The bill requires the director of the division (director) to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities. The director is required to establish procedures and guidelines to implement and set parameters for the operation of the program.

The general assembly is required to appropriate money to the employment support and job retention services cash fund created in the bill for allocation to the division to implement and operate the program. The department is authorized to accept gifts, grants, and donations for the implementation and operation of the program. The program is repealed, effective September 30, 2022.


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

Status: 5/20/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


HB19-1120 Youth Mental Health Education And Suicide Prevention 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Michaelson Jenet | D. Roberts / S. Fenberg | D. Coram
Summary:

The bill allows a minor 12 years of age or older to seek and obtain psychotherapy services with or without the consent of the minor's parent or guardian if the mental health professional determines the minor is knowingly and voluntarily seeking the psychotherapy services and the psychotherapy services are clinically necessary. A mental health professional providing psychotherapy services to a minor may, with the consent of the minor, advise the minor's parent or legal guardian of the psychotherapy services provided, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. However, the mental health professional is permitted to notify the minor's parent or legal guardian without the minor's consent if, in the opinion of the mental health professional, the minor is unable to manage the minor's care or treatment.

The mental health professional is required to engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and document any attempt to contact the minor's parent or legal guardian. If a minor communicates a clear and imminent threat to commit suicide, the mental health professional is required to notify the minor's parent or legal guardian of the minor's suicidal ideation.

The bill requires the department of education, in consultation with the office of suicide prevention (office), the youth advisory council, and the suicide prevention commission, to create and maintain a mental health education literacy resource bank. The resource bank is available to the public free of charge.

The bill requires the state board of education to adopt standards related to mental health, including suicide prevention.


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

Status: 5/16/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1124 Protect Colorado Residents From Federal Government Overreach 
Comment:
Position:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
Sponsors: A. Benavidez | S. Lontine / M. Foote | J. Gonzales
Summary:

The bill allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.

The bill prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The bill prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities.

If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that:

  • The interview is being sought by federal immigration authorities;
  • The individual has the right to decline the interview and remain silent;
  • The individual has the right to speak to an attorney before submitting to the interview; and
  • Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/3/2019 Senate Third Reading Reconsidered - No Amendments
Fiscal Notes:

Fiscal Note


HB19-1138 Vehicle Transfer Registration Fee Credit 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Williams | J. Melton / A. Williams | K. Priola
Summary:

Current law allows a prorated credit for the taxes paid on a vehicle that is sold before the registration year ends. The credit is applied to vehicles subsequently registered. The bill broadens this credit to cover most registration fees. $7,200 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund to implement the bill.


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

Status: 5/21/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


HB19-1183 Automated External Defibrillators In Public Places 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Roberts / J. Bridges
Summary:

The bill defines a public place and encourages any person that owns, operates, or manages a public place to place functional automated external defibrillators (AEDs) in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.

The bill requires any public place to accept any gift, grant, or donation of an AED that meets federal standards. If a public place accepts a donated AED but the public place does not want to accept responsibility for AED training, installation, or maintenance, the public place is not required to accept the AED unless the donating party agrees to be responsible for AED training, installation, and maintenance. If the donating party accepts responsibility but can no longer provide maintenance, the public place may remove the AED from the public place.

The department shall award a $15,000 contract to a nonprofit organization for the purpose of acquiring and distributing AEDs to public places.

The bill repeals an obsolete provision that encouraged school districts to acquire an AED and moves that provision to article 51 of title 25.

The bill makes an appropriation.


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

Status: 5/22/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1189 Wage Garnishment Reform 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Gray | A. Valdez / J. Bridges | R. Fields
Summary:

Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable earnings for a week or the amount an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The bill changes the amount subject to garnishment from 25% to 20% of the individual's disposable weekly earnings and from 30 times to 40 times the amount an individual's disposable earnings for a week exceed the state or federal minimum wage. Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The bill also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings.

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

The bill applies to all writs of garnishment issues on or after January 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


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

Status: 5/21/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


HB19-1202 Food Systems Advisory Council 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: B. McLachlan | R. Galindo / J. Ginal | K. Priola
Summary:

The bill relocates the Colorado food systems advisory council (council) from the department of agriculture to Colorado state university.

The bill ends the terms of current members of the council and provides for the appointment of new members to the council.

As updated in the bill, the council's duties are to:

  • Grow local, regional, and statewide food economies within which producers have access to new markets and low-income populations have access to fresh, affordable, and healthy foods. The council will collaborate and coordinate with producers, relevant state and federal educational institutions, nongovernmental organizations, and consumers to connect state and federal agencies and to provide Colorado producers, including fruit and vegetable producers, with viable market opportunities.
  • Support the implementation of the recommendations in the Colorado blueprint of food and agriculture project, ensure that the blueprint, or its successor project, is updated as needed, and ensure alignment with other state or local food plans if relevant;
  • Conduct research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, institutional procurement, and farm-to-school programs as well as other priorities determined by the council;
  • Collaborate with, serve as a resource to, and receive input from local and regional food policy councils in the state; and
  • Explore methods of collecting and assessing statewide data relating to council activities and report the relevant information and data regarding council activities as required by current law.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/14/2019 Sent to the Governor
Fiscal Notes:

Fiscal Note


HB19-1207 Winter Conditions And Traction Control Requirements 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Roberts / K. Donovan | B. Rankin
Summary:

Currently, a person is required to use certain traction-control equipment, such as chains or snow-rated tires, when the Colorado department of transportation restricts road use due to a winter storm. The bill:

  • Allows for current technology and traction options;
  • Sets minimum standards for tires; and
  • Requires the traction equipment to be carried on I-70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 when icy or snow-packed conditions are present.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/17/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1210 Local Government Minimum Wage 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Melton | R. Galindo / J. Danielson | D. Moreno
Summary:

The bill allows a unit of local government to enact laws establishing a minimum wage within its jurisdiction.


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

Status: 5/17/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


HB19-1230 Marijuana Hospitality Establishments 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Singer | J. Melton / V. Marble | J. Gonzales
Summary:

If approval is received by both the state and local licensing authorities, the bill authorizes marijuana hospitality spaces in which marijuana may be consumed on site and retail marijuana hospitality and sales establishments in which retail marijuana, retail marijuana concentrate, and retail marijuana products may be sold and consumed on site in the establishment's hospitality space.

The bill establishes requirements and prohibitions for the new hospitality spaces and requires the state licensing authority to promulgate rules governing the new hospitality licenses and spaces.

The bill makes smoking marijuana in the hospitality spaces an exception to the "Colorado Clean Air Act" and makes conforming amendments.


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

Status: 5/2/2019 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes:

Fiscal Note


HB19-1231 New Appliance Energy And Water Efficiency Standards 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Froelich | C. Kipp / P. Lee | K. Priola
Summary:

The bill updates and adopts standards for water efficiency and energy efficiency that apply to a list of consumer and commercial appliances and other products. The standards are based on state standards, federal Energy Star and WaterSense specifications, and industry standards in most cases or, where a standard is not incorporated by reference, the standard is specified by statute.

The standards apply to new products sold in Colorado and are phased in over a period of 3 years, with general service lamps covered beginning in 2020, air compressors and portable air conditioners covered beginning in 2022, and all other listed products covered beginning in 2021. The bill also keeps in place the water efficiency standards on certain products that were added to the Colorado statutes in 2014. The sale of a noncomplying product after the effective date of the applicable standard is punishable through a civil enforcement action by the attorney general, with penalties of up to $2,000 per violation or, in the case of the sale of a noncomplying product to an elderly person, $10,000 per violation.

The executive director of the department of public health and environment is directed to collect and publish the standards that are incorporated by reference. The executive director is also authorized, but not required, to adopt rules incorporating more recent versions of standards or test methods in order to maintain or improve consistency with other state or federal agency standards, subject to a one-year grace period between adoption and enforcement of any new or amended standards.


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

Status: 5/17/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


HB19-1234 Regulated Marijuana Delivery 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Valdez | J. Singer / J. Gonzales | V. Marble
Summary:

The bill creates marijuana delivery permits for licensed medical marijuana centers and transporters and licensed retail marijuana stores and transporters that allow the centers, stores, and transporters to deliver medical marijuana, medical marijuana-infused products, retail marijuana, and retail marijuana products to customers. The bill gives the state licensing authority rule-making authority over the permit and delivery system. The bill specifies that a permit is valid for one year and may be renewed with the associated license. A one-dollar surcharge is assessed on each delivery, and that money is remitted to the municipality where the center or store is located, or to the county if the center or store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Deliveries are limited to one per day, limited to private residences, and may not be made to college campuses. The bill provides protection against criminal prosecution for those making the deliveries. Delivery is only allowed in a jurisdiction if that jurisdiction has voted to allow delivery either by referendum or by the governing board of the jurisdiction. Medical marijuana delivery permitting for medical marijuana centers begins on January 2, 2020, and medical marijuana delivery permitting for medical marijuana transporters, and all retail marijuana delivery permitting, begins on January 2, 2021.

The bill requires responsible vendor training programs to include marijuana delivery training.

The bill appropriates $390,152 to the department of revenue from the marijuana cash fund. $349,450 is for marijuana enforcement including an additional 3.6 FTE; $35,752 is for legal services; and $4,950 is for vehicle lease payments.


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

Status: 5/1/2019 Senate Third Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note


HB19-1240 Sales And Use Tax Administration 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Kraft-Tharp | K. Van Winkle / L. Court | J. Tate
Summary:

The bill:

  • Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019;
  • Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides;
  • Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also:
  • Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace;
  • Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and
  • Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and
  • Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295 but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/14/2019 Sent to the Governor
Fiscal Notes:

Fiscal Note


HB19-1245 Affordable Housing Funding From Vendor Fee Changes 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Weissman / J. Gonzales | M. Foote
Summary:

The state treasurer is required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes that result from the bill to the housing development grant fund, which the division of housing in the department of local affairs (division) uses to make grants and loans to improve, preserve, or expand the supply of affordable housing in the state. The division is required to annually award at least 1/3 of this money for affordable housing projects for households whose annual income is less than or equal to 30% of the area median income.

The increase in sales taxes attributable to the vendor fee changes that result from the bill are excluded from the definition of "state sales tax increment revenue" for purposes of the "Colorado Regional Tourism Act" so that the increase is payable to the state and not an applicable financing entity.

A retailer who collects state sales tax is currently allowed to retain 3 1/3% of the state sales taxes collected as compensation for the retailer's expenses incurred in collecting and remitting the tax (vendor fee). Beginning January 1, 2020, the bill increases the vendor fee to 4% and establishes a $1,000 monthly cap on the vendor fee. This limit applies regardless of the number of the retailer's locations. A vendor with multiple locations is required to register all locations under one account with the department of revenue. The changes to the state vendor fee do not apply to a local government that imposes a sales tax and permits a vendor fee that is based on the state's vendor fee.

The sales and use tax revenue that is deposited in the housing development grant fund for the state fiscal year 2019-20 is reduced by a specified amount to cover the department of revenue's expenses to make the IT changes necessary to implement the bill, which results in a corresponding increase in the general fund. In turn, this amount is appropriated from the general fund to the department of revenue for this purpose.


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

Status: 5/17/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1246 Local Government Regulation Of Food Trucks 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Van Winkle | T. Kraft-Tharp / J. Cooke | D. Moreno
Summary:

The bill allows the Colorado Municipal League (CML) to study issues related to the regulation of food trucks by local governments. The CML may meet with stakeholders to solicit input on solutions that meet the needs of the food truck industry and local governments. The CML may report to the business affairs and labor committee of the house and the business, labor, and technology committee of the senate on its findings and recommendations, including recommendations for future legislative solutions, by November 1, 2019.


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

Status: 5/21/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


HB19-1248 Lobbyist Transparency Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Weissman | L. Cutter / M. Foote
Summary:

Sections 2 and 3 of the bill clarify that the term "client" used in connection with statutory provisions regulating lobbyists means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. They also clarify that a professional lobbyist is not, for purposes of the statute, a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients.

Section 3 clarifies that existing provisions that require heightened disclosure when a lobbyist enters into an agreement to engage in lobbying apply when the general assembly is in regular or special session.

In addition to any other disclosure, during the period that the general assembly is in regular or special session, section 3 also requires a professional lobbyist to notify the secretary of state (secretary) by means of the electronic filing system within seventy-two hours after:

  • The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or
  • The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist.

During this period, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by the bill includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position.

The bill also states that an attorney who is a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client.

In connection with any requirement under existing law to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist is also required to disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf.

Section 4 requires the secretary to convene a working group to consider upgrades to the electronic filing system used by lobbyists to file their disclosure reports. This section specifies the mission of the working group and requirements affecting its organization and membership. The working group is required to report its conclusions to the general assembly.

For the 2019-20 state fiscal year, section 5 appropriates $38,160 to the department of state from the department of state cash fund for use by the information technology division.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/21/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


HB19-1254 Notice Requirements Employees Sharing Gratuities 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: B. McLachlan | K. Van Winkle / R. Fields | K. Priola
Summary:

Current law authorizes an employer to require employees to share gratuities if the employer posts a sign in a conspicuous place. The bill changes this law by requiring notification to each patron in writing, such as on the menu, table, or receipt.


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

Status: 5/13/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1267 Penalties For Failure To Pay Wages 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Singer | M. Froelich / J. Danielson | R. Rodriguez
Summary:

Under existing law, an employer who willfully refuses to pay a wage claim, or falsely denies the amount of a wage claim, or the validity thereof, or that the same is due, with intent to secure any discount or underpayment of such unpaid wage or with intent to annoy, harass, oppress, hinder, delay, or defraud the person who is owed wages (wage theft), is guilty of a misdemeanor.

The bill prohibits wage theft with the intent to coerce a person who is owed wages. The bill defines wage theft as theft, which is a felony when the theft is of an amount greater than $2,000. The bill removes the exemption from criminal penalties for an employer who is unable to pay wages or compensation because of a chapter 7 bankruptcy action or other court action resulting in the employer having limited control over his or her assets.

The bill defines "employee" as any person who performs labor or services for the benefit of an employer, provides factors that are relevant for determining whether a person is an employee, and maintains the exclusions from the definition in existing law. The bill defines "employer" as having the same meaning as set forth in the federal "Fair Labor Standards Act", specifically includes foreign labor contractors and migratory field labor contractors or crew leaders in the definition, and maintains the exclusions from the definition in existing law.

Under existing law, an employer who pays an employee a wage less than the minimum wage is guilty of a misdemeanor. Under the bill, a person who intentionally pays a wage less than the minimum commits theft, which is a felony when the theft is of an amount greater than $2,000.


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

Status: 5/16/2019 Governor Signed
Fiscal Notes:

Fiscal Note


HB19-1311 Institute Of Cannabis Research Role And Mission 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Singer / J. Bridges
Summary:

The bill creates the institute of cannabis research (institute) at Colorado state university - Pueblo. The role and mission of the institute is to conduct research related to cannabis and publicly disseminate the results of the research. The bill creates the institute of cannabis research governing board (governing board), which will oversee the institute. The bill creates a process to relocate the institute if Colorado state university - Pueblo wants to stop hosting the institute or if the governing board believes that the institute should be relocated.


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

Status: 5/13/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


SB19-007 Prevent Sexual Misconduct At Higher Ed Campuses 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: B. Pettersen | F. Winter / B. McLachlan | J. Buckner
Summary:

The bill requires each institution of higher education (institution) to adopt, periodically review, and update a policy on sexual misconduct (policy). The bill establishes minimum requirements for the policies, including reporting options, procedures for investigations and adjudications, and protections for involved persons. Institutions shall promote the policy by posting information on their websites and annually distributing the policy and information.

Institutions are required to provide training on awareness and prevention of sexual misconduct, the policy, and resources available to discuss such misconduct.

The bill requires institutions to report to the department of higher education (department) on their policies and training, and the department shall post the reports on its website and report to the general assembly during its SMART Act hearing.

The department is to host biennial summits on sexual misconduct on institution campuses to facilitate communication, share information, and hear from experts. The bill identifies the membership of the planning committee for the summits. The planning committees are to report to specified committees of the general assembly on the summits.

The bill creates a sexual misconduct advisory committee to make recommendations to the general assembly and institutions on sexual misconduct policies at institutions following the promulgation of new federal rules by the federal department of education and annually thereafter.


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

Status: 5/10/2019 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note


SB19-067 Rural Development Grant Program Creation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Coram / B. McLachlan | J. Arndt
Summary:

The bill creates the rural development grant program to be administered by the Colorado office of economic development. The grants are to be awarded to early stage rural businesses that are primary employers in a rural area with the potential to export goods or services outside of the rural area. The businesses must be at the seed stage of capital financing, have raised less than five hundred thousand dollars of third-party capital, and are able to provide nonstate matching funding equal to at least one-third of the grant award. The grants may be used for developing prototypes, proof of business concepts, or proof of business models. The grants are funded from the general fund and are limited to no more than $150,000 per early stage rural business per year.
(Note: This summary applies to this bill as introduced.)

Status: 4/25/2019 Senate Second Reading Laid Over Daily - No Amendments
Fiscal Notes:

Fiscal Note


SB19-085 Equal Pay For Equal Work Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Danielson | B. Pettersen / J. Buckner | S. Gonzales-Gutierrez
Summary:

The bill removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill.

The bill allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is based upon one or more factors, including:

  • A seniority system;
  • A merit system;
  • A system that measures earnings by quantity or quality of production;
  • The geographic location where the work is performed;
  • Education, training, or experience to the extent that they are reasonably related to the work in question; or
  • Travel, if the travel is a regular and necessary condition of the work performed.

The bill prohibits an employer from:

  • Seeking the wage rate history of a prospective employee;
  • Relying on a prior wage rate to determine a wage rate;
  • Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; and
  • Discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer.

The bill requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation.


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

Status: 5/13/2019 Signed by the President of the Senate
Fiscal Notes:

Fiscal Note


SB19-141 Entertainment Districts Counties Optional Premises 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Donovan / D. Roberts
Summary:

Current law permits an entertainment district in an area located within a municipality and allows specified types of premises licensed to serve alcohol for consumption on the premises to be included in the entertainment district.

The bill allows an entertainment district to be formed in an area located within a city and county or within an unincorporated area of a county and adds optional premises licensees to the list of licensed premises permitted to attach to an entertainment district.


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

Status: 5/16/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


SB19-173 Colorado Secure Savings Plan Board 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Donovan | B. Pettersen / T. Kraft-Tharp | C. Hansen
Summary:

The bill establishes the Colorado secure savings plan board (board) to study the feasibility of creating the Colorado secure savings plan and other appropriate approaches to increase the amount of retirement savings by Colorado's private sector workers.

The board consists of the state treasurer or the treasurer's designee and 8 additional trustees with certain experience who are appointed by the governor.

The board is required to conduct the following 4 analyses or assessments by a specified date:

  • A detailed market and financial analysis to determine the financial feasibility and effectiveness of creating a retirement savings plan in the form of an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings plan. The plan would be designed to promote greater retirement savings for private sector employees in a convenient, low-cost, and portable manner.
  • A detailed market and financial analysis to determine the financial feasibility and effectiveness of a small business marketplace plan to increase the number of Colorado businesses that offer retirement savings plans for their employees. The marketplace plan would be voluntary for both employers and employees, open to all employees and employers with fewer than 100 employees, and administered by the department of labor and employment. The bill specifies certain duties of the department of labor and employment in connection with the marketplace plan if it is implemented.
  • An analysis of the effects that greater financial education among Colorado residents would have on increasing their retirement savings; and
  • An analysis of the effects that not increasing Coloradans' retirement savings would have on current and future state and local government expenditures.

The board may accept any gifts, grants, and donations, or any money from public or private entities to pay for the costs of the analyses. The board may delay implementation of one or more of the analyses if it does not obtain adequate money to conduct the analyses.

If after conducting the analyses, the board finds that there are approaches to increasing retirement savings for private sector employees in a convenient, low-cost, and portable manner that are financially feasible and self-sustaining, the board is required to recommend a plan to implement its findings to the governor and the general assembly.

The bill appropriates $800,000 from the general fund to the department of the treasury for the purpose of conducting the analyses or assessments, including operating expenses.


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

Status: 5/21/2019 Signed by Governor
Fiscal Notes:

Fiscal Note


SB19-188 FAMLI Family Medical Leave Insurance Program 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter | A. Williams / M. Gray | M. Duran
Summary:

The bill creates a study of the implementation of a paid family and medical leave program in the state by:

  • Requiring the department of labor and employment (department) to contract with experts in the field of paid family and medical leave;
  • Requiring the department to make requests for information from third parties that may be willing to administer all or part of a paid family and medical leave program;
  • Creating the family and medical leave implementation task force (task force) that is responsible for recommending a plan to implement a paid family and medical leave program for the state; and
  • Requiring an actuarial study of the final plan recommended by the task force.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/16/2019 Sent to the Governor
Fiscal Notes:

Fiscal Note


SB19-240 Industrial Hemp Products Regulation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: V. Marble | S. Fenberg / B. McLachlan | L. Saine
Summary:

Section 1 of the bill sets the annual registration fee that a wholesale food manufacturer that produces an industrial hemp product is required to pay to the department of public health and environment at $300, regardless of the manufacturer's gross annual sales.

Sections 2 and 3 authorize local governments to adopt ordinances or resolutions regulating the storage, extraction, processing, or manufacturing of industrial hemp or industrial hemp products; however, if the ordinances or resolutions are in conflict with state regulation, then state law controls.
(Note: This summary applies to this bill as introduced.)

Status: 5/17/2019 Signed by the President of the Senate
Fiscal Notes:

Fiscal Note