COLORADO RESTAURANT ASSOCIATION


HB19-1004 Proposal For Affordable Health Coverage Option 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
State Library Health & Insurance
1:30 p.m. Room Old
(2) in house 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 analysis 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 this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Health & Insurance
Fiscal Notes:

Fiscal Note


HB19-1014 Retail Food Establishments Inspection And Suspension 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
Business Affairs and Labor
1:30 p.m. Room LSB-A
(1) in house calendar.
Sponsors: J. Singer | S. Bird / J. Ginal
Summary:

With respect to retail food establishment inspections, the bill:

  • Clarifies the situations that can create an "imminent health hazard";
  • Repeals language that separated violations found during inspections into critical and noncritical violations;
  • Clarifies that it is unlawful to continue to operate a retail food establishment that has had its license or certificate of license suspended;
  • Aligns the requirements for the communication of inspection results with the determination of whether violations are sufficient to require a reinspection;
  • Removes the minimum amount for a civil penalty and establishes the maximum amount as $1,000;
  • Provides that a retail food establishment that is found to be in violation during 4 out of 5 inspections during a 12-month period is subject to a civil penalty not to exceed $1,000 and license suspension; and
  • Adds unpaid license fees to the list of items on which a retail food establishment can spend an assessed penalty.
    (Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Business Affairs and Labor
Fiscal Notes:

Fiscal Note


HB19-1022 Deadly Force Against Intruder At A Business 
Comment:
Position:
Calendar Notification: Thursday, January 24 2019
State Library State, Veterans, & Military Affairs
1:30 p.m. Room Old
(2) in house calendar.
Sponsors: S. Sandridge
Summary:

The bill extends the right to use deadly physical force against an intruder under certain conditions to include owners, managers, and employees of a business.


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

Status: 1/4/2019 Introduced In House - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note


HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
Judiciary
1:30 p.m. Room 0112
(2) in house calendar.
Sponsors: J. Melton | L. Herod
Summary:

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 criminal history 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 this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Judiciary
Fiscal Notes:

HB19-1033 Local Governments May Regulate Nicotine Products 
Comment:
Position:
Calendar Notification: Wednesday, January 30 2019
Health & Insurance
1:30 p.m. Room 0107
(2) in house calendar.
Sponsors: K. Tipper | C. Kennedy / R. Fields | K. Priola
Summary:

Sections 1 through 3 of the bill authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 3 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products.

From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 4 removes this prohibition, thus allowing cities, towns, and counties to impose fees, licenses, or taxes on cigarette sales without losing their apportioned state cigarette tax revenues.

Section 5 authorizes a county, if approved by a vote of the people within the county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products and provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality.
(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Health & Insurance
Fiscal Notes:

HB19-1035 Remove Fee Cap Electrical Inspection Local Government Higher Education 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
Transportation & Local Government
1:30 p.m. Room 0112
(1) in house calendar.
Sponsors: J. Rich | D. Roberts / R. Woodward
Summary:

Current law prohibits local governments and state institutions of higher education from charging more than 15% more than the state charges to perform an inspection of electrical work. The bill deletes this cap.


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

Status: 1/4/2019 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes:

Fiscal Note


HB19-1047 Metropolitan District Fire Protection Sales Tax 
Comment:
Position:
Calendar Notification: Monday, January 28 2019
Rural Affairs & Agriculture
1:30 p.m. Room 0107
(1) in house calendar.
Sponsors: B. Buentello
Summary:

A metropolitan district is a type of special district that provides at least 2 services from a list of specific services. One of the services that a metropolitan district is currently authorized to provide is fire protection. Currently, a metropolitan district is authorized to levy a property tax to provide services; however, the district can also levy a sales tax for safety protection, street improvement, and transportation purposes. Both property taxes and sales taxes require voter approval. The bill allows a metropolitan district to also levy a sales tax to provide fire protection in the areas of the district in which the sales tax is levied.
(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Rural Affairs & Agriculture
Fiscal Notes:

Fiscal Note


HB19-1050 Encourage Use Of Xeriscape In Common Areas 
Comment:
Position:
Calendar Notification: Friday, January 25 2019
GENERAL ORDERS - SECOND READING OF BILLS
(4) in house calendar.
Sponsors: B. Titone / K. Priola
Summary:

Section 1 of the bill augments an existing law that establishes the right of unit owners in common interest communities to use water-efficient landscaping, subject to reasonable aesthetic standards, by specifically extending the same policy to common areas under the control of the community's governing board.

Sections 2 and 3 extend existing water conservation requirements, currently applicable only to certain public entities that supply water at retail and their customers, to property management districts and other special districts that manage areas of parkland and open space.
(Note: This summary applies to this bill as introduced.)

Status: 1/17/2019 House Committee on Energy & Environment Refer Amended to House Committee of the Whole
Fiscal Notes:

Fiscal Note


HB19-1058 Income Tax Benefits For Family Leave 
Comment:
Position:
Calendar Notification: Thursday, January 31 2019
Finance
Upon Adjournment Room LSB-A
(2) in house calendar.
Sponsors: L. Landgraf | S. Beckman / K. Priola
Summary:

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 in order to care 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; 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 state pretax wages to a leave savings account. Employers may also make a matching contribution to an employee's leave savings account. The department of revenue is required to establish a form about a leave savings account, and the individual must annually file this form to be eligible for the tax benefit.

Sections 3 and 4 allow an employee and an employer to claim a state income tax deduction for amounts they contribute to the employee's leave savings account. Section 3 also allows a taxpayer to deduct any interest or other income earned on the investment during the taxable year from their leave savings account.

Regardless of how the money is deposited in the leave savings account, if an individual uses money in the account for an unauthorized purpose, then the money is subject to recapture in the year it is withdrawn and to a penalty equal to 10% of the amount recaptured.

Section 5 creates an income tax credit for an employer that pays an employee for leave that is between 6 and 12 weeks long for one of the following reasons:

  • The birth of a child of the employee and in order to care for the child;
  • Placement of a child with the employee for adoption or foster care;
  • Caring for a spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the employee unable to perform the functions of the position of the employee; 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 employee 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.

For employers with fewer than 50 employees, the credit is equal to 50% of the amount paid, and for employers with 50 or more employees it is equal to 25% of the amount paid. The credit is not refundable, but it may be carried forward up to 5 years.


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

Status: 1/4/2019 Introduced In House - Assigned to Finance
Fiscal Notes:

HB19-1075 Tax Credit Employer-assisted Housing Pilot Program 
Comment:
Position:
Calendar Notification: Thursday, January 31 2019
Finance
Upon Adjournment Room LSB-A
(1) in house calendar.
Sponsors: J. Wilson
Summary:

As a pilot program to promote employer-assisted housing projects in rural areas, for income tax years commencing on or after January 1, 2019, but prior to January 1, 2023, the bill creates a state income tax credit for a donation a taxpayer makes to a sponsor that is used solely for the costs associated with employer-assisted affordable housing in a rural area. The bill defines "sponsor" to mean the Colorado housing and finance authority, a housing authority operated by a county or municipality, a nonprofit corporation that has been designated as a community development corporation under the federal tax code, or an international, nongovernmental, not-for-profit organization whose mission is concentrated on constructing affordable housing.

The amount of the credit allowed by the bill is 20% of the approved donation amount; except that the aggregate amount of the credit awarded to any one taxpayer is limited to $400 in any one income tax year.

The bill contains additional requirements pertaining to the manner in which the taxpayer submits information to receive the tax credit. The bill also requires periodic reporting of information on the use of the tax credit.


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

Status: 1/11/2019 Introduced In House - Assigned to Finance + Appropriations
Fiscal Notes:

HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions 
Comment:
Position:
Calendar Notification: Wednesday, February 6 2019
Health & Insurance
1:30 p.m. Room 0107
(2) in house 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; and
  • Repealing the ability of property owners and managers to designate smoking and nonsmoking areas through the posting of signs.
    (Note: This summary applies to this bill as introduced.)

Status: 1/11/2019 Introduced In House - Assigned to Health & Insurance
Fiscal Notes:

HB19-1078 Landowner Consent Listing National Register 
Comment:
Position:
Calendar Notification: Monday, January 28 2019
Energy & Environment
1:30 p.m. Room 0112
(1) in house calendar.
Sponsors: K. Lewis
Summary:

Prior to taking any action to approve a national property documentation form (form) or to request the approval of the keeper of the national register of an executed form, the bill requires the state historical society to require the applicant to obtain the consent, evidenced by a notarized signature, of each owner of the land and property described in the form.
(Note: This summary applies to this bill as introduced.)

Status: 1/11/2019 Introduced In House - Assigned to Energy & Environment
Fiscal Notes:

HB19-1079 End Taxpayer-funded Lobbying Act 
Comment:
Position:
Calendar Notification: Thursday, January 31 2019
State, Veterans, & Military Affairs
1:30 p.m. Room LSB-A
(3) in house calendar.
Sponsors: D. Williams
Summary:

The bill prohibits a state agency from expending any public funds to undertake, on behalf of the agency, lobbying of the general assembly, any of the staff agencies of the general assembly, or any member of the general assembly. The bill also prohibits the agency from contracting with any lobbying firm or any other private organization or entity that provides lobbying services for the purpose of lobbying on its behalf the general assembly, any of the staff agencies of the general assembly, or any member of the general assembly.

The bill defines "state agency" to mean every executive department, board, commission, committee, bureau, and office of state government including the departments of state, law, and treasury; the office of the governor; the office of the lieutenant governor; and the judicial branch of state government.

The bill also permits a state agency to employ a legislative liaison on its behalf but prohibits the legislative liaison from undertaking any lobbying on behalf of the agency. In connection with the consideration of any official matter before state government, the bill specifies that a legislative liaison employed by an agency is not undertaking lobbying on behalf of the agency as long as a liaison restricts his or her personal activities to giving testimony or providing information in various settings, the liaison clearly identifies himself or herself and the agency for which the liaison is testifying or providing information, and the liaison does not express his or her personal support of or opposition to any such matter or the agency's position with respect to any such matter.

The bill permits an elected public official to express his or her personal opinion in support of or in opposition to any matter before the government of the state.

The bill makes conforming amendments to the existing statutory provision authorizing executive departments to designate one person to lobby on behalf of the department.


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

Status: 1/11/2019 Introduced In House - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

HB19-1081 Respondent Rights Discrimination Complaints 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
State, Veterans, & Military Affairs
1:30 p.m. Room LSB-A
(3) in house calendar.
Sponsors: D. Williams
Summary:

With regard to employment, housing, public accommodations, and advertising discrimination complaints investigated by the civil rights division in the department of regulatory agencies and, in some cases, heard or pursued by the Colorado civil rights commission, the bill specifies that:

  • The respondent has a right to request representation by a public defender, regardless of indigent status or the lack of an arrest for or charge of a crime, at any point in the administrative process when the respondent is requested or required to participate;
  • The respondent may request to move the matter to a court of competent jurisdiction if the respondent asserts that the respondent engaged in the alleged discriminatory conduct on the basis of first amendment rights; and
  • If the respondent obtains a favorable decision after all appeals are exhausted or if the United States supreme court rules in favor of the respondent, the commission must pay the respondent's attorney fees and costs and lost business income, retroactive to appeals or actions for judicial review filed on or after December 1, 2013.
    (Note: This summary applies to this bill as introduced.)

Status: 1/11/2019 Introduced In House - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

HB19-1084 Notice To Property Owners Whether Area Blighted 
Comment:
Position:
Calendar Notification: Wednesday, February 6 2019
Transportation & Local Government
1:30 p.m. Room 0112
(1) in house calendar.
Sponsors: M. Gray / R. Zenzinger
Summary:

Under current law, before an urban renewal authority (authority) may undertake an urban renewal project for an urban renewal area, it must determine that the area is a slum, blighted area, or a combination of such conditions. When the authority determines that the area is not a slum, a blighted area, or a combination of such conditions, the authority is also required under current law to send notice of the determination to any owner of private property located within the area within 30 days of the determination. The bill modifies this latter requirement by requiring notice be provided to such property owners within 5 days of either determination being made.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes:

HB19-1086 Plumbing Inspections Ensure Compliance 
Comment:
Position:
Calendar Notification: Wednesday, January 30 2019
Business Affairs and Labor
1:30 p.m. Room LSB-A
(3) in house calendar.
Sponsors: M. Duran
Summary:

Current law requires plumbing inspectors employed by qualified state institutions of higher education to possess the same qualifications required of state plumbing inspectors. Section 1 of the bill requires the same of inspectors employed by an incorporated town or city, county, or city and county.

Section 2 requires state plumbing inspectors or plumbing inspectors employed by the state, an incorporated town or city, county, city and county, or qualified state institution of higher education (entity) to conduct a contemporaneous review of each plumbing project inspected to ensure compliance with the plumbing law, including specifically licensure and apprentice requirements. However, each entity need not perform a contemporaneous review for each inspection of a project. Each entity shall develop standard procedures to advise inspectors on how to conduct a contemporaneous review. Each entity must post its standard procedures on its public website and provide the director of the division of professions and occupations within the department of regulatory agencies with a link to the web page on which the standard procedures have been posted.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor
Fiscal Notes:

Fiscal Note


HB19-1091 Conservation Easement Transparency 
Comment:
Position:
Calendar Notification: Monday, February 4 2019
Rural Affairs & Agriculture
1:30 p.m. Room 0107
(2) in house calendar.
Sponsors: K. Lewis
Summary:

A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party, which monitors the use of the land and ensures that the terms of the agreement are upheld.

Prior to creating a conservation easement, the bill requires the property owner to sign a disclosure form acknowledging certain specified consequences and risks of creating the easement on his or her land.

The bill requires the commissioner of agriculture to work with local government officials to create a database of conservation easements in the state. The database includes specified information about the easements and a corresponding map displaying each easement in the state relative to county boundaries. Local government officials and the commissioner of agriculture are authorized to enter into contracts to assist in gathering information for the database. The bill specifies the sources of information that may be used to create the database. The commissioner of agriculture is required to annually update the information in the database and make the information and corresponding map available to the public at no charge on the department of agriculture's website.

When a conservation easement agreement, amendment, or transfer is recorded with a county clerk and recorder, the bill requires a complete copy of the agreement, amendment, or transfer to be submitted to the commissioner of agriculture and the county tax assessor of the county in which the easement is located. The commissioner of agriculture is required to create a tracking form with specified information for each conservation easement agreement, amendment, or transfer submitted. The tracking forms are made available on the department of agriculture's website and can be used by the commissioner of agriculture to create and maintain the database of conservation easements.

If a single property owner acquires both a conservation easement and title to the underlying property, current law allows the conservation easement to be released, terminated, extinguished, or abandoned by a process known as "merger". The bill prohibits a conservation easement from being extinguished by taking fee title to the land to which the conservation easement is attached.

For any state income tax credit claimed for a donation of a conservation easement that is disallowed, the bill allows a landowner to elect to either extinguish the conservation easement for which the credit was claimed or receive an equitable relief payment from the state. If a landowner elects to extinguish the conservation easement, the bill requires the department of revenue to reimburse the taxpayer for all reasonable costs incurred by the landowner in establishing the conservation easement donation as well any federal or state income tax liability incurred by the taxpayer. The attorney general is required to assist landowners with executing any documents required to seek a court order to extinguish a conservation easement.


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

Status: 1/14/2019 Introduced In House - Assigned to Rural Affairs & Agriculture
Fiscal Notes:

HB19-1096 Colorado Right To Rest 
Comment:
Position:
Calendar Notification: Wednesday, February 27 2019
State Library Transportation & Local Government
1:30 p.m. Room Old
(1) in house calendar.
Sponsors: J. Melton
Summary:

The bill creates the "Colorado Right to Rest Act", which establishes basic rights for people experiencing homelessness, including but not limited to the right to rest in public spaces, to shelter themselves from the elements, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of their property.

The bill prohibits discrimination based on housing status.

The bill creates an exemption of the basic right to rest for people experiencing homelessness for any county, city, municipality, or subdivision that can demonstrate that, for 3 consecutive months, the waiting lists for all local public housing authorities contain fewer than 50 people.

The bill allows the general assembly to appropriate money from the marijuana tax cash fund to the department of local affairs for the purpose of enabling governmental entities that do not meet the exemption requirement to reduce the housing waiting lists to fewer than 50 people for at least 6 months per year.

The bill allows any person whose rights have been violated to seek enforcement in a civil action.


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

Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes:

HB19-1098 Deeds To Convey Real Property 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
Business Affairs and Labor
Upon Adjournment Room LSB-A
(1) in house calendar.
Sponsors: M. Gray
Summary:

Section 2 of the bill states that a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with statutory forms. Any deed prepared by a title insurance entity containing a covenant of warranty must:

  • Include a limitation on the warranty of title; and
  • Use the phrase "subject to statutory exceptions" and no other terms or descriptions, unless the preparing title insurance entity is otherwise instructed in writing by both the grantor and the grantee.

Section 1 provides new forms of deeds for the conveyance of real property under certain circumstances.

Sections 3, 4, and 5 make conforming amendments.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor
Fiscal Notes:

HB19-1101 Prohibit Discrimination Labor Union Participation 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
State, Veterans, & Military Affairs
1:30 p.m. Room LSB-A
(1) in house calendar.
Sponsors: K. Ransom / J. Smallwood
Summary:

The bill prohibits an employer from requiring union membership or payment of union dues as a condition of employment. The bill creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note


HB19-1102 Nonanimal And Lab-grown Meat Misbranding 
Comment:
Position:
Calendar Notification: Friday, February 1 2019
Public Health Care & Human Services
Upon Adjournment Room 0107
(2) in house calendar.
Sponsors: R. Pelton | K. Lewis / J. Sonnenberg | J. Ginal
Summary:

The bill states that food is misbranded as "meat" or a cut of meat if it does not come from animals and that lab-grown meat is misbranded as "meat" or a cut of meat unless these terms are not modified by "lab-grown" or "artificially cultured".
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Public Health Care & Human Services
Fiscal Notes:

HB19-1107 Employment Support Job Retention Services Program 
Comment:
Position:
Calendar Notification: Wednesday, January 30 2019
Business Affairs and Labor
1:30 p.m. Room LSB-A
(2) in house 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 annually 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 this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
Fiscal Notes:

HB19-1114 Agriculture Commissioner Farm Produce Safety 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Catlin | D. Valdez
Summary:

The bill establishes a state law to implement federal regulations covering produce safety on farms. To implement this, the bill:

  • Authorizes the commissioner of agriculture (commissioner) to enter into a cooperative agreement with the United States food and drug administration and seek, accept, and expend federal funds;
  • Provides for the commissioner to cease implementing the law if the commissioner does not receive adequate federal funding;
  • Requires farms that are covered by federal law, selling more than approximately $25,000 of produce annually on average over a 3-year period, to register with the commissioner;
  • Requires the commissioner to promulgate rules adopting 21 CFR 112, concerning produce safety, and gives the commissioner rule-making authority to administer the bill;
  • Authorizes the commissioner to enter farms and farm facilities during regular business hours to implement or enforce the bill;
  • Authorizes the commissioner to inspect records during regular business hours to implement or enforce the bill;
  • Authorizes the commissioner to issue cease-and-desist orders;
  • Authorizes the commissioner to impose administrative penalties;
  • If requested, requires the commissioner to hold a hearing to issue a cease-and-desist order or impose an administrative penalty, and this process is subject to judicial review;
  • Authorizes the commissioner to enforce cease-and-desist orders and administrative penalties in court; and
  • Repeals these provisions in 2034, but requires a sunset review before the repeal.
    (Note: This summary applies to this bill as introduced.)

Status: 1/15/2019 Introduced In House - Assigned to Rural Affairs & Agriculture
Fiscal Notes:

HB19-1117 Regulation Of Professions And Occupations Reform 
Comment:
Position:
Calendar Notification: Wednesday, February 13 2019
Business Affairs and Labor
1:30 p.m. Room LSB-A
(1) in house calendar.
Sponsors: S. Sandridge
Summary:

Current law requires the department of regulatory agencies to analyze whether to begin or continue the regulation of a profession or occupation based on several factors. The bill elaborates on these factors and requires the department to find a present, significant, and substantiated harm to consumers before recommending regulation. The bill further requires the department to recommend only the least restrictive regulation necessary to address the harm and sets guidelines for recommended regulation.
(Note: This summary applies to this bill as introduced.)

Status: 1/16/2019 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
Fiscal Notes:

HB19-1120 Youth Mental Health Education And Suicide Prevention 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Michaelson Jenet | D. Roberts / S. Fenberg
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. A registered psychotherapist or licensed social worker 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.

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 this bill as introduced.)

Status: 1/16/2019 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations
Fiscal Notes:

HB19-1124 Protect Colorado Residents From Federal Government Overreach 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Benavidez
Summary:

The bill prohibits a department, agency, board, commission, or officer or employee of the state or a political subdivision of the state from using public funds or resources to assist in the enforcement of federal civil immigration laws. The bill allows a state employee or employee of a political subdivision of the state 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 the state or a political subdivision of the state from entering into any contractual agreement that would require an employee to directly or indirectly assist in the enforcement of federal civil immigration laws.

The bill prohibits federal immigration authorities access to the secure areas of any city or county jail or other law enforcement facility for the purpose of conducting investigative interviews or for any other purpose related to the enforcement of federal civil immigration laws unless federal immigration authorities present a warrant issued by a federal judge or magistrate.

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


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

Status: 1/16/2019 Introduced In House - Assigned to Transportation & Local Government + Appropriations
Fiscal Notes:

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.

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.


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

Status: 1/4/2019 Introduced In Senate - Assigned to Education
Fiscal Notes:

SB19-011 Fermented Malt Beverage And Malt Liquor License 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
THIRD READING OF BILLS - FINAL PASSAGE
(5) in house calendar.
Sponsors: A. Williams | J. Tate / A. Garnett | H. McKean
Summary:

As of January 1, 2019, fermented malt beverages and malt liquors are defined similarly for purposes of the "Colorado Beer Code" (beer code) and the "Colorado Liquor Code" (liquor code). However, a person who manufacturers, sells at wholesale, or imports both fermented malt beverages and malt liquor must obtain a separate license under each code. The bill removes the dual licensing requirement by:

  • Converting each manufacturer's license issued under the beer code to a manufacturer's license issued under the liquor code;
  • Converting each wholesaler's license issued under the beer code to a wholesaler's beer license issued under the liquor code;
  • Converting each nonresident manufacturer's license issued under the beer code to a nonresident manufacturer's license issued under the liquor code;
  • Converting each importer's license issued under the beer code to a malt liquor importer's license issued under the liquor code; and
  • Repealing the authority of the state licensing authority to issue new licenses under the beer code, except for licenses authorizing the retail sale of fermented malt beverages.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/23/2019 House Third Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note


SB19-024 Taxes Paid By Electronic Funds Transfers 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Tate / J. Arndt | E. Hooton
Summary:

Statutory Revision Committee. The bill authorizes the executive director of the department of revenue (director) to require the remittance of severance taxes electronically and allows the department to promulgate rules governing such electronic payment.

The bill authorizes the director to require a taxpayer to remit sales taxes by electronic funds transfers at an earlier hour on the deadline day for making a return and paying the taxes due than taxpayers who remit sales taxes by other means.
(Note: This summary applies to this bill as introduced.)

Status: 12/26/2019 Introduced In Senate - Assigned to
Fiscal Notes:

Fiscal Note


SB19-028 Allow On And Off Premises Beer Licenses Rural Areas 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
THIRD READING OF BILLS - FINAL PASSAGE - CONSENT CALENDAR
(2) in senate calendar.
Sponsors: C. Holbert | J. Bridges / H. McKean
Summary:

Recent legislation (Senate Bill 18-243) terminated the licensing of retailers to sell fermented malt beverages (formerly known as "3.2 beer" but now including all beer) for consumption on and off a licensed premises, requiring the holder of such a license to combine its renewal application with an application to convert the license into either a license to sell for consumption on the licensed premises or a license to sell for consumption off the licensed premises.

The bill lifts the requirement to convert an existing license, and reinstates the availability of new licenses, in specified areas with low populations.


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

Status: 1/23/2019 Senate Third Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note


SB19-034 Local Government Recycling Standards For Food Containers 
Comment:
Position:
Calendar Notification: Tuesday, February 5 2019
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 354
(1) in senate calendar.
Sponsors: D. Moreno / J. Arndt
Summary:

Currently, state law preempts local governments from restricting or mandating containers for any consumer products. The bill allows a local government to set a standard for a retail food establishment's use of ready-to-eat food containers that may be discarded through recycling or composting.
(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In Senate - Assigned to Local Government
Fiscal Notes:

SB19-042 National Popular Vote 
Comment:
Position:
Calendar Notification: Wednesday, January 23 2019
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(2) in senate calendar.
Sponsors: M. Foote / E. Sirota | J. Arndt
Summary:

The bill enacts and enters into with all other states joining therein the agreement among the states to elect the president of the United States by national popular vote (agreement). Among other provisions, the agreement:

  • Permits any state of the United States and the District of Columbia to become members of the agreement by enacting the agreement;
  • Requires each member state to conduct a statewide popular election for president and vice president of the United States;
  • Prior to the time set for the meeting and voting of presidential electors, requires the chief election official of each member state to determine the number of votes cast for each presidential slate in a statewide popular election and to designate the presidential slate with the largest national popular vote total as the national popular vote winner;
  • Requires the presidential elector certifying official of each member state to certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, requires each member state to make a final determination of the number of popular votes cast in the state for each presidential slate and to communicate an official statement of the determination within 24 hours to the chief election official of each other member state. Requires the chief election official of each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress.
  • Specifies that the agreement governs the appointment of presidential electors in each member state in any year in which the agreement is in effect on July 20 in states cumulatively possessing a majority of the electoral votes;
  • Permits a state's withdrawal from the agreement, except in limited circumstances;
  • Specifies that the agreement will terminate if the electoral college is abolished; and
  • Provides that the invalidity of any of the agreement's provisions do not affect the remaining provisions.

The bill specifies that when the agreement becomes effective, it supersedes any conflicting provisions of Colorado law.

When the agreement becomes effective and governs the appointment of presidential electors, each presidential elector is required to vote for the presidential candidate and, by separate ballot, vice-presidential candidate nominated by the political party or political organization that nominated the presidential elector.


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

Status: 1/4/2019 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note


SB19-051 Increase General Fund Funding For Transportation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Scott | J. Cooke
Summary:

Current law, enacted in Senate Bill 18-001, requires the state treasurer to transfer, on July 1, 2019, a total amount of $150 million from the general fund to fund transportation needs as follows:

  • $105 million (70%) to the state highway fund;
  • $22.5 million (15%) to the highway users tax fund for allocation in equal shares to counties and municipalities; and
  • $22.5 million (15%) to the multimodal transportation options fund.

The bill increases the total amount of the July 1, 2019, transfer to $340 million so that the amount of the individual transfer to the multimodal transportation options fund is unchanged and the individual transfers to the state highway fund and the highway users tax fund are increased to the following amounts:

  • $266.5 million (78.38%) to the state highway fund;
  • $51 million (15%) to the highway users tax fund for allocation in equal shares to counties and municipalities; and
  • $22.5 million (6.62%) to the multimodal transportation options fund.
    (Note: This summary applies to this bill as introduced.)

Status: 1/8/2019 Introduced In Senate - Assigned to Transportation & Energy + Appropriations
Fiscal Notes:

Fiscal Note


SB19-053 California Motor Vehicle Emission Standards 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Cooke
Summary:

The bill prohibits the air quality control commission from adopting motor vehicle emission standards that are more stringent than federal standards and from adopting the California motor vehicle emission standards and test procedures unless they are the same as the federal standards.
(Note: This summary applies to this bill as introduced.)

Status: 1/8/2019 Introduced In Senate - Assigned to Health & Human Services
Fiscal Notes:

Fiscal Note


SB19-055 Reduce State Income Tax Rate 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
SENATE FINANCE COMMITTEE
2:00 PM SCR 357
(3) in senate calendar.
Sponsors: J. Sonnenberg / R. Pelton
Summary:

For income tax years commencing on and after January 1, 2019, the bill:

  • Reduces both the individual and the corporate state income tax rate from 4.63% to 4.49%; and
  • Reduces the state alternative minimum tax by 0.14%.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2019 Introduced In Senate - Assigned to Finance
Fiscal Notes:

Fiscal Note


SB19-056 Veterans Employment Preference By Private Employer 
Comment:
Position:
Calendar Notification: Wednesday, January 30 2019
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(3) in senate calendar.
Sponsors: D. Hisey / T. Carver
Summary:

The bill allows private employers to give preference to veterans of the armed forces or the National Guard when hiring, promoting, and retaining employees as long as the veterans are as qualified as other individuals. The bill clarifies that employers who adopt a program that gives preferences to veterans are not committing a discriminatory or unfair labor practice.
(Note: This summary applies to this bill as introduced.)

Status: 1/10/2019 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note


SB19-057 Employee Information Student Loan Repayment Programs 
Comment:
Position:
Calendar Notification: Wednesday, January 30 2019
SENATE EDUCATION COMMITTEE
Upon Adjournment SCR 352
(1) in senate calendar.
Sponsors: T. Story | S. Fenberg / J. McCluskie
Summary:

The bill requires the department of personnel to develop and annually distribute informational materials to state employees concerning federal student loan repayment programs and loan forgiveness programs for which state employees may be eligible. The department of personnel may use existing federal informational materials, if available. The informational materials may be distributed by e-mail or through a regular mailing or communication to state employees. The department of personnel shall update the materials at least annually and distribute any updated materials.

In addition, the department of personnel must distribute the informational materials to:

  • The department of education, for distribution to school district, charter school, institute charter school, and boards of cooperative services employees;
  • The department of higher education, for distribution to employees at state institutions of higher education;
  • The secretary of state, for dissemination to nonprofit public service organizations, as defined in the bill, with encouragement for these organizations to distribute the informational materials to their employees; and
  • The division of local government in the department of local affairs, for distribution to cities, counties, cities and counties, special districts, and other local government entities, with encouragement for those entities to distribute the informational materials to their employees.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2019 Introduced In Senate - Assigned to Education
Fiscal Notes:

Fiscal Note


SB19-062 Limit Agency Rule-making Authority To Amend Rules 
Comment:
Position:
Calendar Notification: Monday, January 28 2019
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(3) in senate calendar.
Sponsors: J. Sonnenberg
Summary:

The bill requires an executive agency with rule-making authority to obtain additional statutory rule-making authority to amend or reinterpret an existing rule unless the rule is amended or reinterpreted based on:

  • The rule's expiration or pending expiration as a result of its inclusion in the annual rule review bill; or
  • A determination that the existing rule has been rendered unconstitutional or otherwise in contravention of the law based on a court decision or changes made to state or federal statutes, federal regulations, or the state or federal constitution.

Any rule that an agency promulgates or reinterprets without complying with the requirement to obtain additional statutory rule-making authority is void.


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

Status: 1/10/2019 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note


SB19-067 Rural Development Grant Program Creation 
Comment:
Position:
Calendar Notification: Tuesday, January 29 2019
SENATE FINANCE COMMITTEE
2:00 PM SCR 357
(2) in senate calendar.
Sponsors: D. Coram
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: 1/10/2019 Introduced In Senate - Assigned to Finance + Appropriations
Fiscal Notes:

SB19-079 Electronic Prescribing Controlled Substances 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: N. Todd | K. Priola / D. Esgar | L. Landgraf
Summary:

Sections 1 to 14 of the bill require podiatrists, physicians, physician assistants, advanced practice nurses, and optometrists, starting July 1, 2021, and dentists and practitioners serving rural communities or in a solo practice, starting July 1, 2023, to prescribe schedule II, III, or IV controlled substances only via a prescription that is electronically transmitted to a pharmacy unless a specified exception applies. Prescribers are required to indicate on license renewal questionnaires whether they have complied with the electronic prescribing requirement.

Section 15 specifies that pharmacists need not verify the applicability of an exception to electronic prescribing when they receive an order for a controlled substance in writing, orally, or via facsimile transmission and may fill the order if otherwise valid under the law.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In Senate - Assigned to Business, Labor, & Technology
Fiscal Notes:

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; or
  • A system that measures earnings by quantity or quality of production.

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 this bill as introduced.)

Status: 1/17/2019 Introduced In Senate - Assigned to Judiciary
Fiscal Notes: