HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 02/06/2019 -
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Legislative Review Committee Agenda
February 6, 2019
4:00-5:00
Council Information Center, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from January 23, 2019 Meeting (3 minutes)
Attached: January 23, 2019 Minutes
2. Agenda Review (3 minutes)
3. Bill Review (35 minutes)
• CML highlights of new/killed bills and updates on ones already discussed
• Attorney highlights, if any
• CC4CA or CAMU highlights, if any
Attached: Bill tracker and dossier of 2019 followed bills. Updated tracker will be
provided at the meeting and can always be accessed here:
https://www.statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=26522&pk
=583
4. Other business (5 minutes)
• Legislative lunch – tentative March 27 date at CML
Legislative Review Committee
Meeting Minutes
January 23rd, 2019, 4:00 p.m.
Council Information Center, 300 Laporte Ave
Councilmembers Present: Ray Martinez, Ken Summers, Ross Cunniff
Staff Present: Ginny Sawyer, Tyler Marr, Jeff Mihelich, Carrie Daggett, Jeanne Sanford, John Phelan,
Lindsay Ex, Joe Wimmer
Public Present: Kevin Jones (Fort Collins Area Chamber of Commerce)
Meeting convened at 4:04 p.m.
Approval of Minutes from December 10, 2018 Meeting
Councilmember Martinez moved to approve the minutes from the December 10th meeting.
Councilmember Summers seconded.
Agenda Review
Staff noted the new format for the 2019 City legislative activities; the Colorado Municipal League (CML)
Municipal Caucus Meeting is held every other Tuesday. City legislative policy staff, Tyler Marr and Ginny
Sawyer, will attend and bring back highlights and questions to the Legislative Review Committee (LRC).
Bill Review
Bill # Position Comments
HB19-
1018
Oppose End Local Government Opt Out of Unclaimed Property Act
The City has an abandoned property procedure in place which mostly involves
account balances. E.g. unclaimed utility account balances used in affordability
programs. This bill would turn over balances to the State.
Councilmember Summers and Councilmember Cunniff agreed to oppose.
HB19-
2025
Monitor Limits on Job Applicant Criminal History Inquiries
This bill will restrict employers from asking for applicant’s criminal history in
initial job postings Employers are still able to conduct a background check at
other times during the hiring process.
HB19-
1033
Monitor Local Governments May Regulate Nicotine Products
This bill raises the state’s tobacco age to 21 and removes the provision in state
law that disallows local governments with special taxes on tobacco to receive
their shareback of the state’s revenue of tobacco products. It also expressly
allows local governments to establish a special tax on these products.
HB19-
1035
Support Remove Fee Cap Electrical Inspection Local Government Higher Education
The City currently is unable to charge more than the State charges for
inspections. This bill gives control back to local governments if they so choose.
HB19-
1076
Monitor Clean Indoor Air Act Add E-cigarettes Remove Exceptions
This bill restricts smoking less than 20 feet from a doorway. The City’s
ordinance is less restrictive and would require a change in distance.
Councilmember Cunniff asked about implications with hookah bars.
HB19-
1086
Oppose Plumbing Inspections Ensure Compliance
Bill requires inspectors to have a journeyman trade status to inspect. This bill
would increase City’s staffing cost and efficiency. LRC agreed that opposition
was necessary
HB19-
1096
Oppose Colorado Right To Rest
CML asked for a testimony from the City for the bill hearing on February 27th.
Councilmember Cunniff volunteered to testify in opposition. A Fort Collins
Police Officer also testified along with Councilmember Cunniff in the past.
HB19-
1099
Oppose Eliminate Red Light Cameras
City will likely testify when this bill is calendared.
CML asked for a fiscal analysis on this topic. Councilmember Cunniff does not
support participation in the fiscal analysis and supports a position from a health
and safety perspective. Staff indicated moving forward the focus will be on
safety related data (t-bone crashes, for one example)
HB19-
1119
Oppose Peace Officer Internal Investigation Open Records
Question from LRC regarding Fort Collins Police Services’ position on the bill as
it relates to CML compromise. Staff indicated that they would coordinate
closely to make sure a compromise bill was workable for Police Services
SB19-
006
Support Electronic Sales and Use Tax Simplification System
RFP for a system for single point collection and remittance of sales tax, much
like discussed by Council Finance Committee.
SB19-
034
Monitor Local Government Recycling Standards For Food Containers
CML would like to see a full repeal, as does CC4CA.
Councilmember Cunniff supports a full repeal and would support moving a to a
support position.
John Phelan, Energy Services Senior Manager, asked about the LRC tracking water and energy related
bills as Fort Collins Utilities has flagged bills not discussed today. Legislative policy staff will coordinate
the tracking of these bills in the future.
Attorney Highlights
City Attorney’s Office (CAO) is screening all bills as they are introduced and flagging bills with legal
concerns. CAO will communicate and coordinate with respective City staff about the bills. Bills with
significant legal issues will be brought forward to the LRC.
CC4CA Highlights
CC4CA now has 23 Colorado communities as members. The CC4CA Legislative Committee meets every
other week. Currently, 4 bills are flagged of which 3 are energy related, and 1 emission standards bill
which is opposed.
Other Business
Legislative lunch with Fort Collins Representatives
• The lunch will be held at the Capitol or CML. Councilmember Summers asked about the
convenience of the location options for the Representatives and for staff to also consider
meeting dates in late February, as well as March. No Council preference for day of the week.
The next LRC meeting is scheduled for Tuesday, February 6th.
Mobile home parks
• Citizen issue about mobile home park owners passing through utilities charges to tenants.
Leadership Planning Team suggested Legislative Review Committee discuss and consider taking
positions on mobile home park related legislation.
• Subcommittee of staff (Utilities, Social Sustainability, CAO) will identify a list of issues in mobile
home parks. LRC staff will screen for any bills related to mobile home parks.
Meeting adjourned at 5:01 p.m.
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2019 City of Fort Collins Followed Bills
Bill #Position Calendar Noti cation Short Title Sponsors Most Recent Status
HB19-
1003
Support NOT ON CALENDAR Community Solar Gardens
Modernization Act
C. Hansen 1/17/2019 House Committee on Energy &
Environment Refer Amended to Appropriations HB19-
1009
Support Wednesday, February 6
2019 Public Health Care &
Human Services Upon Adjournment Room
0107 (1) in house calendar.
Substance Use Disorders Recovery C. Kennedy | J. Singer / K. Priola
| B. Pettersen
1/4/2019 Introduced In House - Assigned to Public
Health Care & Human Services + Appropriations
HB19-
1018
Oppose Tuesday, February 5 2019 Transportation & Local
Government Upon Adjournment Room
0112 (1) in house calendar.
End Local Government Opt Out Of
Unclaimed Property Act
R. Bockenfeld 1/4/2019 Introduced In House - Assigned to
Transportation & Local Government + Finance
HB19-
1025
Monitor NOT ON CALENDAR Limits On Job Applicant Criminal
History Inquiries
J. Melton | L. Herod 1/4/2019 Introduced In House - Assigned to
Judiciary HB19-
1033
Monitor Wednesday, January 30
2019 State Library Health &
Insurance 1:30 p.m. Room Old (2) in house calendar.
Local Governments May Regulate
Nicotine Products
K. Tipper | C. Kennedy / R.
Fields | K. Priola
1/4/2019 Introduced In House - Assigned to Health
& Insurance
HB19-
1035
Support Wednesday, January 30
2019
GENERAL ORDERS -
SECOND READING OF
BILLS
(2) in house calendar.
Remove Fee Cap Electrical Inspection
Local Government Higher Education
J. Rich | D. Roberts / R.
Woodward
1/30/2019 House Second Reading Passed with
Amendments - Committee
HB19-
1037
Monitor Monday, February 4 2019 Energy & Environment 1:30 p.m. Room 0112 (1) in house calendar.
Colorado Energy Impact Assistance
Act
C. Hansen 1/4/2019 Introduced In House - Assigned to Energy
& Environment
HB19-
1076
Monitor Wednesday, February 6
2019 Health & Insurance
Clean Indoor Air Act Add E-cigarettes
Remove Exceptions
D. Michaelson Jenet | C. Larson
/ K. Priola | K. Donovan
1/11/2019 Introduced In House - Assigned to
Health & Insurance
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1:30 p.m. Room 0107 (3) in house calendar.
HB19-
1086
Oppose Wednesday, January 30
2019 Business Affairs & Labor 1:30 p.m. Room LSB-A (3) in house calendar.
Plumbing Inspections Ensure
Compliance
M. Duran 1/14/2019 Introduced In House - Assigned to
Business Affairs & Labor
HB19-
1096
Oppose Wednesday, February 27
2019 State Library
Transportation & Local
Government 1:30 p.m. Room Old (1) in house calendar.
Colorado Right To Rest J. Melton 1/14/2019 Introduced In House - Assigned to
Transportation & Local Government
HB19-
1099
Oppose Wednesday, February 20
2019 Transportation & Local
Government 1:30 p.m. Room 0112 (2) in house calendar.
Eliminate Red Light Cameras S. Humphrey | J. Melton 1/14/2019 Introduced In House - Assigned to
Transportation & Local Government
HB19-
1119
Oppose Thursday, February 7 2019
Judiciary
1:30 p.m. Room 0112
(2) in house calendar.
Peace Of cer Internal Investigation
Open Records
J. Coleman 1/16/2019 Introduced In House - Assigned to
Judiciary
SB19-
006
Support NOT ON CALENDAR Electronic Sales And Use Tax
Simpli cation System
A. Williams / T. Kraft-Tharp | K.
Van Winkle
1/28/2019 Senate Third Reading Passed - No
Amendments SB19-
008
Support NOT ON CALENDAR Substance Use Disorder Treatment In
Criminal Justice System
K. Priola | B. Pettersen / C.
Kennedy | J. Singer
1/4/2019 Introduced In Senate - Assigned to
Judiciary SB19-
034
Monitor Tuesday, February 5 2019 SENATE LOCAL
GOVERNMENT
COMMITTEE 2:00 PM SCR 354 (1) in senate calendar.
Local Government Recycling
Standards For Food Containers
D. Moreno / J. Arndt 1/4/2019 Introduced In Senate - Assigned to Local
Government
SB19-
053
Oppose Thursday, February 7 2019 SENATE HEALTH &
HUMAN SERVICES
COMMITTEE 1:30 PM LSB-B (3) in senate calendar.
California Motor Vehicle Emission
Standards
J. Cooke 1/8/2019 Introduced In Senate - Assigned to Health
& Human Services
SB19-Monitor NOT ON CALENDAR Electric Motor Vehicles Public Utility K. Priola | A. Williams / C.1/11/2019 Introduced In Senate - Assigned to
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077 Services Hansen Business, Labor, & Technology SB19-
085
Monitor NOT ON CALENDAR Equal Pay For Equal Work Act J. Danielson | B. Pettersen / J.
Buckner | S. Gonzales-
Gutierrez
1/17/2019 Introduced In Senate - Assigned to
Judiciary
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List of 2019 City of Fort Collins Followed Bills
HB19-1003 Community Solar Gardens Modernization Act
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
Short Title:Community Solar Gardens Modernization Act
Sponsors:C. Hansen
Summary:The bill amends the current statute authorizing the creation of community solar gardens (CSGs) by:
Increasing the maximum size of a CSG from 2 megawatts to 10 megawatts; and
Removing the requirement that a CSG subscriber's identified physical location be in the same county as, or a
county adjacent to, that of the CSG, while retaining the requirement that it be within the service territory of the
same electric utility. (Note: This summary applies to this bill as introduced.)
Status:1/4/2019 Introduced In House - Assigned to Energy & Environment 1/17/2019 House Committee on Energy & Environment Refer Amended to Appropriations Fiscal Notes:Fiscal Note
Bill Version:Pre-Amended
HB19-1009 Substance Use Disorders Recovery
Comment:
Position:Support
Calendar
Notification:
Wednesday, February 6 2019 Public Health Care & Human Services
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Upon Adjournment Room 0107 (1) in house calendar.
Short Title:Substance Use Disorders Recovery
Sponsors:C. Kennedy | J. Singer / K. Priola | B. Pettersen
Summary:Opioid and Other Substance Use Disorders Study Committee. The bill:
Expands the housing voucher program currently within the department of local affairs to include individuals
with a substance use disorder and appropriates $4.3 million each of the next 5 fiscal years to support the program
( section 1 );
Requires each recovery residence operating in Colorado to be licensed by the department of public health and
environment ( section 2 ); and
Creates the opioid crisis recovery fund for money the state receives as settlement or damage awards resulting
from opioid-related litigation ( section 3 ). (Note: This summary applies to this bill as introduced.)
Status:1/4/2019 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations Fiscal Notes:
Bill Version:Introduced
HB19-1018 End Local Government Opt Out Of Unclaimed Property Act
Comment:
Position:Oppose
Calendar
Notification:
Tuesday, February 5 2019 Transportation & Local Government Upon Adjournment Room 0112 (1) in house calendar.
Short Title:End Local Government Opt Out Of Unclaimed Property Act
Sponsors:R. Bockenfeld
Summary:Currently, if a local government enacts a local law related to the disposition of abandoned intangible property it holds
for an owner and the local law is inconsistent with the requirements of the "Unclaimed Property Act" (act), then the
local law controls the disposition of the property. Sections 2 and 4 of the bill eliminate this exception effective
September 1, 2019, so that a local government is required to comply with the act like any other holder of abandoned
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intangible property. Section 3 requires a local government that holds intangible property that was previously exempt
from the act to pay or deliver the property to the administrator on or before January 1, 2020. Section 1 specifies that
a county's discretionary power to dispose of abandoned personal property acquired by an elected official or county
employee only applies to tangible personal property and does not apply to intangible property, which is subject to the
act. (Note: This summary applies to this bill as introduced.)
Status:1/4/2019 Introduced In House - Assigned to Transportation & Local Government + Finance Fiscal Notes:Fiscal Note
Bill Version:Introduced
HB19-1025 Limits On Job Applicant Criminal History Inquiries
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
Short Title:Limits On Job Applicant Criminal History Inquiries
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.
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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:Fiscal Note
Bill Version:Introduced
HB19-1033 Local Governments May Regulate Nicotine Products
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, January 30 2019 State Library Health & Insurance 1:30 p.m. Room Old (2) in house calendar.
Short Title:Local Governments May Regulate Nicotine Products
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.
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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:Fiscal Note
Bill Version:Introduced
HB19-1035 Remove Fee Cap Electrical Inspection Local Government Higher Education
Comment:
Position:Support
Calendar
Notification:
Wednesday, January 30 2019 GENERAL ORDERS - SECOND READING OF BILLS (2) in house calendar.
Short Title:Remove Fee Cap Electrical Inspection Local Government Higher Education
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 1/23/2019 House Committee on Transportation & Local Government Refer Amended to House Committee of the
Whole 1/28/2019 House Second Reading Laid Over Daily - No Amendments 1/29/2019 House Second Reading Laid Over to 01/31/2019 - No Amendments 1/30/2019 House Second Reading Passed with Amendments - Committee Fiscal Notes:Fiscal Note
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Bill Version:Pre-Amended
HB19-1037 Colorado Energy Impact Assistance Act
Comment:
Position:Monitor
Calendar
Notification:
Monday, February 4 2019 Energy & Environment 1:30 p.m. Room 0112 (1) in house calendar.
Short Title:Colorado Energy Impact Assistance Act
Sponsors:C. Hansen
Summary:The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to
the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado
energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the
retirement of a power plant occurs. A portion of bond proceeds will provide transition assistance for Colorado
workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the
bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a
special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills.
The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible
credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to
be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers.
Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected
groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and
quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a
financing order is approved by the PUC, it must include specific information and instructions for the utility to which
it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and
must require the utility to pay a specified percentage of the net present value of the savings to a newly created
Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and
the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order
and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer
to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the
electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility.
The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor
and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to
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receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide
transition assistance and pay its reasonable and necessary administrative and operating costs.
Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship
programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility
workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the
retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced
Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from
the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance
that it provides directly to Colorado workers. In addition, when determining how best to provide transition assistance
to a local community, the authority must, in conjunction with each board of county commissioners, municipal
governing body, and school district that includes all or a portion of the impacted community, establish and take into
consideration the advice of a local advisory committee. The authority is subject to open meeting and open records
requirements and is required to submit a report to specified committees of the general assembly that sets forth a
complete and detailed financial and operating statement of the authority for any fiscal year for which the authority
has provided transition assistance.
(Note: This summary applies to this bill as introduced.)
Status:1/4/2019 Introduced In House - Assigned to Energy & Environment Fiscal Notes:
Bill Version:Introduced
HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, February 6 2019 Health & Insurance 1:30 p.m. Room 0107 (3) in house calendar.
Short Title:Clean Indoor Air Act Add E-cigarettes Remove Exceptions
Sponsors:D. Michaelson Jenet | C. Larson / K. Priola | K. Donovan
Summary:The bill amends the "Colorado Clean Indoor Air Act" by:
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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:Fiscal Note
Bill Version:Introduced
HB19-1086 Plumbing Inspections Ensure Compliance
Comment:
Position:Oppose
Calendar
Notification:
Wednesday, January 30 2019 Business Affairs & Labor 1:30 p.m. Room LSB-A (3) in house calendar.
Short Title:Plumbing Inspections Ensure Compliance
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
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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 1/14/2019 Introduced In House - Assigned to Business Affairs & Labor Fiscal Notes:Fiscal Note
Bill Version:Introduced
HB19-1096 Colorado Right To Rest
Comment:
Position:Oppose
Calendar
Notification:
Wednesday, February 27 2019 State Library Transportation & Local Government 1:30 p.m. Room Old (1) in house calendar.
Short Title:Colorado Right To Rest
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.
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(Note: This summary applies to this bill as introduced.)
Status:1/14/2019 Introduced In House - Assigned to Transportation & Local Government Fiscal Notes:
Bill Version:Introduced
HB19-1099 Eliminate Red Light Cameras
Comment:
Position:Oppose
Calendar
Notification:
Wednesday, February 20 2019 Transportation & Local Government 1:30 p.m. Room 0112 (2) in house calendar.
Short Title:Eliminate Red Light Cameras
Sponsors:S. Humphrey | J. Melton
Summary:The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle
identification systems, including red light cameras, to identify violators of traffic regulations and issue citations based
on photographic evidence and creates a prohibition on such activity.
The bill repeals the authorization for the department of public safety to use an automated vehicle
identification system to detect speeding violations within a highway maintenance, repair, or construction zone. (Note: This summary applies to this bill as introduced.)
Status:1/14/2019 Introduced In House - Assigned to Transportation & Local Government Fiscal Notes:
Bill Version:Introduced
HB19-1119 Peace Officer Internal Investigation Open Records
Comment:
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Position:Oppose
Calendar
Notification:
Thursday, February 7 2019 Judiciary 1:30 p.m. Room 0112 (2) in house calendar.
Short Title:Peace Officer Internal Investigation Open Records
Sponsors:J. Coleman
Summary:The bill makes an internal investigation file (file) of a peace officer for in-uniform or on-duty conduct that involves a
member of the public subject to an open records request. The bill requires some information to be redacted before
complying with the open records request. The bill allows the custodian of the file to first provide a summary of the
file to the requester and then allows the requester access to the file after the requester has reviewed the summary.
Under the bill, a custodian of a file in which there is an ongoing criminal case can deny inspection of the file. The file
becomes open for inspection after all the charges are dismissed or the defendant is sentenced. (Note: This summary applies to this bill as introduced.)
Status:1/16/2019 Introduced In House - Assigned to Judiciary Fiscal Notes:
Bill Version:Introduced
SB19-006 Electronic Sales And Use Tax Simplification System
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
Short Title:Electronic Sales And Use Tax Simplification System
Sponsors:A. Williams / T. Kraft-Tharp | K. Van Winkle
Summary:Sales and Use Tax Simplification Task Force. The bill requires the office of information technology (office) and
the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with
the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic
sales and use tax simplification system (system). The bill also requires the office and the department to involve
stakeholders to develop the scope of work.
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The bill requires the general assembly to make any necessary appropriations for the initial funding and
ongoing maintenance of the system from any net sales tax revenues that is credited to the general fund.
The bill specifies that on and after the date the system is online the department is required to accept any
returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are
collected by the department on behalf of any local taxing jurisdiction.
The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions
with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it
is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system
within a specified number of years.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:1/4/2019 Introduced In Senate - Assigned to Finance 1/22/2019 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole 1/25/2019 Senate Second Reading Passed with Amendments - Committee 1/28/2019 Senate Third Reading Passed - No Amendments Fiscal Notes:Fiscal Note
Bill Version:Pre-Amended
SB19-008 Substance Use Disorder Treatment In Criminal Justice System
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
Short Title:Substance Use Disorder Treatment In Criminal Justice System
Sponsors:K. Priola | B. Pettersen / C. Kennedy | J. Singer
Summary:Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires the Colorado
commission on criminal and juvenile justice to study and make recommendations concerning:
Alternatives to filing criminal charges against individuals with substance use disorders who have been
arrested for drug-related offenses;
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Best practices for investigating unlawful opioid distribution in Colorado; and
A process for automatically sealing criminal records for drug offense convictions.
Section 2 of the bill requires the department of corrections (DOC) to allow medication-assisted treatment to be
provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC.
The DOC may enter into agreements with community agencies and organizations to assist in the development and
administration of medication-assisted treatment.
Section 3 of the bill contains a legislative declaration that the substance abuse trend and response task force
should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention,
and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and
withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-
level drug offenses.
Section 4 of the bill directs the department of health care policy and financing to seek federal authorization
under the Medicaid program for treatment of substance use disorders for persons confined in jails.
Section 5 of the bill creates a simplified process for sealing convictions for level 4 drug felonies, all drug
misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or
drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or
more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and
upon court order.
Section 6 of the bill requires jails that receive funding through the jail-based behavioral health services
program to allow medication-assisted treatment to be provided to individuals in the jail. The jail may enter into
agreements with community agencies and organizations to assist in the development and administration of
medication-assisted treatment.
Section 7 of the bill provides an appropriation, including for the following programs funded through the
annual long appropriations act:
Increasing from 4 to 10 the number of the law-enforcement-assisted diversion pilot programs; and
Increasing coresponder funding for criminal justice diversion pilot programs in the office of behavioral health
in the department of human services. (Note: This summary applies to this bill as introduced.)
Status:1/4/2019 Introduced In Senate - Assigned to Judiciary Fiscal Notes:
Bill Version:Introduced
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SB19-034 Local Government Recycling Standards For Food Containers
Comment:
Position:Monitor
Calendar
Notification:
Tuesday, February 5 2019 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 354 (1) in senate calendar.
Short Title:Local Government Recycling Standards For Food Containers
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:Fiscal Note
Bill Version:Introduced
SB19-053 California Motor Vehicle Emission Standards
Comment:
Position:Oppose
Calendar
Notification:
Thursday, February 7 2019 SENATE HEALTH & HUMAN SERVICES COMMITTEE 1:30 PM LSB-B (3) in senate calendar.
Short Title:California Motor Vehicle Emission Standards
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.)
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Status:1/8/2019 Introduced In Senate - Assigned to Health & Human Services Fiscal Notes:Fiscal Note
Bill Version:Introduced
SB19-077 Electric Motor Vehicles Public Utility Services
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
Short Title:Electric Motor Vehicles Public Utility Services
Sponsors:K. Priola | A. Williams / C. Hansen
Summary:Currently, public utilities may provide charging ports or fueling stations for motor vehicles as unregulated services.
The bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost
recovery.
The bill allows a public utility to apply to the public utilities commission (commission) to build facilities to
support electric vehicles. Standards are set for approval. When a facility is built, the rates and charges for the
services:
May allow a return on any investment made by a public utility at the utility's weighted average cost of capital
at the utility's most recent rate of return on equity approved by the commission; and
Must be recovered from all customers of a public utility in a manner that is similar to the recovery of
distribution system investments. (Note: This summary applies to this bill as introduced.)
Status:1/11/2019 Introduced In Senate - Assigned to Business, Labor, & Technology Fiscal Notes:Fiscal Note
Bill Version:Introduced
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SB19-085 Equal Pay For Equal Work Act
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
Short Title:Equal Pay For Equal Work Act
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:
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Bill Version:Introduced