Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act 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 act. 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.

For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services.

For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services.

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

Fiscal Note

Hiring practices - limitations on criminal history inquiries - exceptions - enforcement - appropriation. Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, employers are prohibited 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 (department) is charged with enforcing the requirements of the act 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 act 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.

The department is appropriated $38,113 from the employment support fund and 0.6 FTE to implement the act.

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

Fiscal Note

Smoking restrictions - application to vape and e-cigarette use - exemptions - age restrictions in permitted smoking areas - signage - penalties. The act 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, affirmative defenses, and graduated penalties for enforcement of the amended signage requirements and age restrictions for tobacco businesses and vape shops.

The act takes effect July 1, 2019, except for the provisions requiring exclusion of minors and the posting of appropriate signage relating to the exclusion, which provisions take effect October 1, 2019.

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

Fiscal Note

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.)

Fiscal Note

Psychotherapy services - treatment of a minor without parental consent - mental health education resource bank - appropriation. The act 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 his or her 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 act requires the department of education, in consultation with the office of suicide prevention, 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 act also requires the state board of education to adopt standards related to mental health, including suicide prevention.

The act appropriates $116,550 from the general fund to the department of education for the mental health education resource bank and technical assistance.

Specifies that certain provisions take effect only if House Bill 19-1172 becomes law.

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

Fiscal Note

Federal immigration enforcement - no arrest based on civil detainer - no personal information to immigration authorities from probation - advisement before immigration interview. The act 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 act prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The act 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 this bill as enacted.)

Fiscal Note

Registration - fees and surcharges - appropriation. The act requires the department of revenue to give prorated credit for registration fees and surcharges on a vehicle that is sold before the vehicle's registration year ends. The credit is applied to vehicles subsequently registered.

To implement the act, $7,200 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund.

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

Fiscal Note

Automated external defibrillator - placement of AED in public place - acceptance of donated AED - appropriation. The act encourages any person that owns, operates, or manages a public place or public school to place functional automated external defibrillators (AEDs) in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.

Any public place or public school is required to accept any gift, grant, or donation of an AED that meets federal standards. If a public place or public school accepts a donated AED but the public place or public school does not want to accept responsibility for AED training, installation, or maintenance, the public place or public school 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 or public school may remove the AED from the public place or public school.

The public place or public school is allowed to decide who will be trained, the frequency of training, and when the AED training and installation will take place.

On or before September 1, 2019, the department of public health and environment shall award a $15,000 contract to a nonprofit organization for the purpose of acquiring and distributing AEDs to public places.

The act makes an appropriation of $15,000 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division for the state EMS coordination, planning, and certification program.

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

Fiscal Note

Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which 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 act 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 act 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 act 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 act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.

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

Fiscal Note

Colorado food systems advisory council - relocation to Colorado state university - repeal of interagency farm-to-school coordination task force - duties - appropriation. The act relocates the Colorado food systems advisory council (council) from the department of agriculture to Colorado state university and repeals the interagency farm-to-school coordination task force.

The act ends the terms of current members of the council and provides for the appointment of new members. As updated in the act, 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.

$100,317 is appropriated from the general fund to the department of higher education to implement the act.

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

Fiscal Note

Traction control equipment. The act amends the traction-control statute, which requires certain equipment during a winter storm, by:

• Updating the equipment options to authorize current technology and traction options;
• Setting minimum standards for tires; and
• Requiring the traction equipment to be carried on I-70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 for icy or snow-packed conditions.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Minimum wage - local government to establish - limitations - enforcement - reports - eligible nursing facility provider reimbursement. The act allows a unit of local government to establish a minimum wage for individuals performing, or expected to perform, 4 or more hours of work for an employer in the local government's jurisdiction.

A minimum wage established by a local government is subject to the following limitations:

• Prior to enacting a minimum wage law, the local government is required to consult with surrounding local governments and various stakeholders;
• A minimum wage established by a local government must provide a tip offset equal to the tip offset provided in the state constitution;
• The minimum wage law must not apply to time spent in a local government's jurisdiction solely for the purpose of traveling through the jurisdiction to a destination outside of the local government's boundaries;
• All employed adult employees and emancipated minors shall be paid not less than the enacted minimum wage;
• A local minimum wage increase must take effect on the same date as a scheduled increase to the statewide minimum wage; and
• If a local minimum wage exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to $1.75 or 15%, whichever is higher.

A local government that enacts a minimum wage law may adopt provisions for the local enforcement of the law.

By July 1, 2021, the executive director of the department of labor and employment is required to issue a written report regarding local minimum wage laws in the state. If notified by the executive director of the department of labor and employment that a local government has enacted a minimum wage that exceeds the statewide minimum wage, the executive director of the department of health care policy and financing is required to submit a report to the joint budget committee with certain recommendations related to provider rates.

If 10% of local governments enact local minimum wage laws, a local government that has not enacted a local minimum wage law is prohibited from enacting a local minimum wage law until the general assembly has given authorization for additional local minimum wage laws by amending this act.

The executive director of the department of health care policy and financing is required to establish a process for eligible nursing facility providers to apply for a local minimum wage enhancement payment to be used to increase the compensation of its employees whenever a local government increases its minimum wage above the statewide minimum wage.

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

Fiscal Note

Marijuana - hospitality establishments - retail hospitality spaces and sales establishments - marijuana hospitality establishment licensing - rules - appropriation. Subject to approval by both the state and local licensing authorities, the act authorizes marijuana hospitality spaces (hospitality spaces) in which medical and retail 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. Subject to local approval, the act authorizes a retail food establishment to apply for a marijuana hospitality establishment license for a specified portion of the retail food establishment but prohibits an entity from having both a marijuana hospitality establishment license and a liquor license for the same premises.

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

The act makes smoking marijuana in the hospitality spaces an exception to the "Colorado Clean Indoor Air Act".

For the 2019-20 state fiscal year, the act appropriates $399,479 from the marijuana cash fund to the department of revenue to implement the act.

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

Fiscal Note

Appliances and plumbing fixtures - water and energy efficiency standards for new products sold in Colorado - phase-in of requirements - list of products covered - rule-making authority - enforcement. The act 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 act 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 this bill as enacted.)

Fiscal Note

Regulated marijuana - delivery - rule-making authority - surcharge - limitations - local authorization - appropriation. The act 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 act gives the state licensing authority rule-making authority over the permit and delivery system. The act 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 act 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 act requires responsible vendor training programs to include marijuana delivery training.

For the 2019-20 state fiscal year, the act appropriates $390,152 from the marijuana cash fund to the department of revenue.

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

Fiscal Note

Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act:

• 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, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, 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 this bill as enacted.)

Fiscal Note

Vendor fee rate increase - use of increased funds for affordable housing grants and loans. Beginning January 1, 2020, the act increases the vendor fee, which is an amount that a retailer is permitted to retain for its expenses incurred in collecting and remitting the state sales tax, from 3% to 4%, subject to a $1,000 monthly cap. This limit applies regardless of the number of the retailer's locations, and a vendor with multiple locations is required to register all locations under one account with the department of revenue.

The state treasurer is annually required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes, minus a specified amount, 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 act 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.

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

Fiscal Note

Regulation of food trucks - study. The act recognizes that food trucks are a fast-growing part of the Colorado economy, and that because food trucks are inherently mobile and operate in multiple locations, the regulation of food trucks at the local level creates unique issues requiring further study. State and regional organizations representing local government may study the regulation of food trucks to identify areas of duplicate or conflicting regulation. The organizations may report to the business affairs and labor committee of the house and the business, labor, and technology committee of the senate on any findings or recommendations, including recommendations for future legislative solutions, by November 1, 2019.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Regulation of lobbyists - clarification of term "client" - heightened disclosure requirements - secretary of state to convene working group to consider upgrades to electronic filing system used by lobbyists - appropriation. The act clarifies 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. The act also clarifies 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.

The act 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, the act also requires a professional lobbyist to notify the secretary of state (secretary) by means of the electronic filing system within 72 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 act 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 act 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.

The act also requires the secretary to convene a working group to consider upgrades to the electronic filing system used by lobbyists to file their disclosure reports. The act 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, the act 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 this bill as enacted.)

Fiscal Note

Employees - sharing gratuities - notice requirements. The act repeals a provision that requires employers with employees who share gratuities to post a specific sign in a conspicuous place and substitutes a requirement to notify each patron in writing, such as on the menu, table, or receipt.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Theft - wages - failure to pay wages - paying less than the minimum wage. The act defines wage theft as theft, which is a felony when the theft is of an amount greater than $2,000. The act adds refusing to pay wages or compensation with the intent to coerce a person who is owed wages as conduct that constitutes wage theft. The act 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 act defines "employee" as any person who performs labor or services for the benefit of an employer and provides factors that are relevant for determining whether a person is an employee. The act defines "employer" as having the same meaning as set forth in the federal "Fair Labor Standards Act" and specifically includes foreign labor contractors and migratory field labor contractors or crew leaders in the definition.

The act defines intentionally paying a wage less than the minimum wage as theft, which is a felony when the theft is of an amount greater than $2,000.

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

Fiscal Note

CSU-Pueblo - Institute of Cannabis Research - governing board - host institution relocation. The act creates the institute of cannabis research (institute) at Colorado state university - Pueblo. The role and mission of the institute is to conduct or fund research related to cannabis and publicly disseminate the results of the research. The act creates the institute of cannabis research governing board (governing board) to oversee the institute and approve its annual budget. The governing board shall advise any Colorado institution of higher education that is developing cannabis-related curriculum and provides input to the Colorado commission on higher education before it approves any cannabis-related degrees or certification. The governing board consists of:

• The chancellor of the Colorado state university system or his or her designee;
• The executive director of the Colorado commission on higher education or his or her designee;
• The president of the University of Colorado or his or her designee;
• The executive director of the department of public health and environment or his or her designee;
• The following seven members appointed by the governor, with the consent of the senate:
• Three scientists from relevant fields who have been employed at appropriate research-oriented institutions or entities who support the mission of the institute; and
• Four members associated with cannabis-related industries within Colorado.

The institute has a director that is an employee of the host institution. The director manages the institute's budget and employees, oversees the research-funding process, delivers an annual symposium, and produces an annual report. The act 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 this bill as enacted.)

Fiscal Note

Sexual misconduct - policies - training - reports - biennial summits - advisory committee. The act requires each institution of higher education (institution) to adopt, periodically review, and update a policy on sexual misconduct (policy). The act 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 act 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 shall host biennial summits on sexual misconduct on institution campuses to facilitate communication, share information, and hear from experts. The act identifies the membership of the planning committee for the summits. The planning committees shall report to specified committees of the general assembly on the summits.

The act 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 this bill as enacted.)

Fiscal Note

Fireworks restrictions - period between May 31 and July 5 of any year - competent evidence of high fire danger. Under current law, a county may prohibit or restrict by ordinance the sale, use, and possession of fireworks, including permissible fireworks (fireworks restrictions), for a period that does not exceed one year in length within all or any part of the unincorporated areas of the county; except that such an ordinance shall not be in effect between May 31 and July 5 of any year unless the ordinance includes an express finding of high fire danger, based on competent evidence. The act specifies that such an ordinance is in effect for the period between May 31 and July 5 of any year only if the county adopts by resolution such fireworks restrictions for such period, which resolution includes an express finding of high fire danger, based on competent evidence.

However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the act requires the county to endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. The ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.

The act also adds as a source of "competent evidence" justifying a finding of high fire danger predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity as well as localized evidence of low fuel moisture content.

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

Fiscal Note

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.)

Fiscal Note

Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act 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 authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act.

The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential:

• 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 act prohibits an employer from:

• Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment;
• 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;
• Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or
• Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate.

The act 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.

Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim.

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

Fiscal Note

Alcohol beverage regulation - formation of entertainment districts. The act 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 this bill as enacted.)

Fiscal Note

Colorado secure savings plan - board - studies and analyses - report - appropriation. The Colorado secure savings plan board (board) is established 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;
• 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;
• 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.

For the 2019-20 state fiscal year, $800,000 from the general fund is appropriated to the department of the treasury for the purpose of conducting the analyses or assessments, including operating expenses.

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

Fiscal Note

Paid family and medical leave - study - task force created - appropriation. The act 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 to contract with experts in the field of paid family and medical leave to report on the establishment of a paid family and medical leave program for employees in the state;
• Requiring the department to request 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, which 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.

To implement the act, $165,487 is appropriated to the department of labor and employment and $17,004 is appropriated to the department of public health and environment. Both appropriations are from the general fund.

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

Fiscal Note

Industrial hemp - regulation of industrial hemp products - increased wholesale food manufacturer fee - stakeholder process - local regulation. Section 1 of the act 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. Section 1 also authorizes the department to convene a stakeholder work group to study the regulation of industrial hemp products.

Sections 2 and 3 authorize local governments to charge a local licensing fee and adopt ordinances or resolutions regulating businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp or industrial hemp products if the ordinances or resolutions do not conflict with state law.

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

Fiscal Note