HomeMy WebLinkAboutAgenda - Mail Packet - 3/5/2019 - Legislative Review Committee Agenda - March 6, 2019City Manager’s Office
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PO Box 580
Fort Collins, CO 80522
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Legislative Review Committee Agenda
March 6 2019
4:00-5:00
Council Information Center, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from February 20, 2019 Meeting
Attached: February 20, 2019 Minutes
2. Agenda Review
3. Bill Review
• 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
• NLC Trip - highlights
Legislative Review Committee
Meeting Minutes
February 20th, 2019, 4:00 p.m.
Council Information Center, 300 Laporte Ave
Councilmembers Present: Ray Martinez, Ross Cunniff
Councilmembers Absent: Ken Summers
Staff Present: Ginny Sawyer, Tyler Marr, Jeff Mihelich, Carrie Daggett, Jeanne Sanford, John Phelan, Lindsay Ex,
Joe Wimmer
Meeting convened at 4:00 p.m.
Approval of Minutes from December 10, 2018 Meeting
Councilmember Martinez moved to approve the minutes from the December 10th meeting. Councilmember
Cunniff seconded.
Agenda Review
CML Policy Committee meeting update from Councilmember Cunniff.
• Request from LRC for Police Services input on Extreme Risk Protection Orders “Red Flag” bill.
• Other bills discussed included affordable housing bill, e-scooters, sales tax
CML Municipal Caucus update from Tyler Marr and Ginny Sawyer
Bill # Position Comments
HB19-
1087
Monitor Local Public Meeting Notices: Added to City’s bill tracker.
HB19-
1177
Monitor Extreme Risk Protection Orders: Councilmember Cunniff recommends we
monitor until we receive further information from Police Services
HB19-
1119
Monitor Peace Officer Internal Investigation Open Records: City will likely follow CML’s
neutral stance. LRC request to check with Police Department and City
Attorney’s Office
HB19-
1143
Oppose Plastic Straws: CML recommending oppose due to limiting local control. Staff
recommending opposed.
HB19-
1157
Oppose Modify Specific Ownership Tax Rates: CML taking an opposed stance.
Bills Not Yet Introduced
Bill # Position Comments
TBD Monitor Bail Bond Reform
TBD Monitor Pre-Trial Services
TBD Monitor Family Medical Quarter Cent Payroll Tax: Employer and employee quarter cent
tax
TBD Monitor Car Sharing Website Application
CC4CA Highlights
Bill # Position Comments
SB19-053 Opposed Postponed Indefinitely Air Quality Standards: Limited the State’s ability to enact
stricter standards. Bill postponed indefinitely.
HB19-
059
Support Modifying tax incentives for electric vehicles though the bill reduces the
incentive over time. Councilmember Cunniff agreed to support.
Fort Collins will host CC4CA steering committee in December. Calendar invites will be sent to Councilmembers.
CAMU/Energy Highlights
Bill # Position Comments
SB19-107 Broadband Infrastructure: Bill added to City’s tracker.
HB19-
059
Support Modifying tax incentives for electric vehicles though the bill reduces the
incentive over time. Councilmember Cunniff agreed to support.
TBD Energy Code Update Act: Requires local jurisdictions to update local energy
code. Concern expressed about cost to rural communities required to update
codes. Councilmember Cunniff asked about data regarding rural communities.
TBD Appliance Efficiency Standards Act: Controls sale of appliance products. Allows
for stricter local control.
TBD Energy Efficiency for All Act: Prioritizing energy efficiency in awarding low-
income housing tax credits. Councilmember Cunniff requested a copy to share
at a Housing Catalyst meeting.
Other Business
Next LRC meeting is scheduled for March 6th.
Federal Mercury Standard – City staff is investigating and will respond via memo. Councilmember Cunniff noted
a deadline of mid-March.
Meeting adjourned at 4:36 p.m.
B I LL REPORT RESULTS — TRACKER
2019 City of Fort Collins Followed Bills
Bill # Position Calendar Noti cation Short Title Sponsors Most Recent Status
HB19-
1003
Support Thursday, February 28 2019
Appropriations
8:00 a.m. Room LSB-A
(1) in house calendar.
Community Solar Gardens
Modernization Act
C. Hansen 1/17/2019 House Committee on Energy &
Environment Refer Amended to
Appropriations
HB19-
1009
Support Wednesday, March 6 2019
Public Health Care & Human
Services
Upon Adjournment Room
0107
(2) 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-
1025
Monitor Thursday, February 28 2019
THIRD READING OF BILLS -
FINAL PASSAGE
(2) in house calendar.
Limits On Job Applicant Criminal
History Inquiries
J. Melton | L. Herod / M.
Foote | R. Rodriguez
2/26/2019 House Second Reading Passed with
Amendments - Committee
HB19-
1033
Monitor Wednesday, February 27
2019
CONSIDERATION OF
SENATE AMENDMENTS TO
HOUSE
(1) in house calendar.
Local Governments May Regulate
Nicotine Products
K. Tipper | C. Kennedy / R.
Fields | K. Priola
2/25/2019 Senate Third Reading Passed - No
Amendments
HB19-
1035
Support Tuesday, March 5 2019
SENATE LOCAL
GOVERNMENT
Insurance
1:30 p.m. Room Old
(1) in house calendar.
HB19-
1086
Oppose Wednesday, March 6 2019
Business Affairs & Labor
1:30 p.m. Room LSB-A
(2) in house calendar.
Plumbing Inspections Ensure
Compliance
M. Duran 1/14/2019 Introduced In House - Assigned to
Business Affairs & Labor
HB19-
1087
Monitor Wednesday, March 6 2019
Transportation & Local
Government
1:30 p.m. Room 0112
(1) in house calendar.
Local Public Meeting Notices
Posted On Website
M. Soper | C. Hansen / R.
Woodward
1/14/2019 Introduced In House - Assigned to
Transportation & Local Government
HB19-
1119
Oppose NOT ON CALENDAR Peace Of cer Internal
Investigation Open Records
J. Coleman / M. Foote 2/26/2019 House Third Reading Passed - No
Amendments
HB19-
1157
Oppose Wednesday, February 27
2019
Transportation & Local
Government
1:30 p.m. Room 0112
(1) in house calendar.
Modify Speci c Ownership Tax
Rates
L. Liston 1/29/2019 Introduced In House - Assigned to
Transportation & Local Government + Finance
HB19-
1159
Support NOT ON CALENDAR Modify Innovative Motor Vehicle
Income Tax Credits
S. Jaquez Lewis | M. Gray / J.
Danielson
2/25/2019 House Committee on Energy &
Environment Refer Unamended to Finance
HB19-
1177
Monitor Thursday, February 28 2019
Appropriations
8:00 a.m. Room LSB-A
(6) in house calendar.
Extreme Risk Protection Orders T. Sullivan | A. Garnett / L.
Court | B. Pettersen
085 Buckner | S. Gonzales-
Gutierrez
Refer Amended to Appropriations
SB19-
096
Support NOT ON CALENDAR Collect Long-term Climate Change
Data
K. Donovan / C. Hansen 1/23/2019 Introduced In Senate - Assigned to
Transportation & Energy
SB19-
107
Monitor NOT ON CALENDAR Broadband Infrastructure
Installation
K. Donovan 1/29/2019 Introduced In Senate - Assigned to
Business, Labor, & Technology + Local
Government
List of 2019 City of Fort Collins Followed Bills
HB19-1003 Community Solar Gardens Modernization Act
Comment:
Position: Support
Calendar
Notification:
Thursday, February 28 2019
Appropriations
8:00 a.m. Room LSB-A
(1) in house 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 Wednesday, March 6 2019
Notification: Public Health Care & Human Services
Upon Adjournment Room 0107
(2) 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: Fiscal Note
Bill Version: Introduced
HB19-1018 End Local Government Opt Out Of Unclaimed Property Act
Comment:
Position: Oppose
Calendar
Notification:
NOT ON 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
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
2/5/2019 House Committee on Transportation & Local Government Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1025 Limits On Job Applicant Criminal History Inquiries
Comment:
Position: Monitor
Calendar
Notification:
Thursday, February 28 2019
THIRD READING OF BILLS - FINAL PASSAGE
(2) in house calendar.
Short Title: Limits On Job Applicant Criminal History Inquiries
Sponsors: J. Melton | L. Herod / M. Foote | R. Rodriguez
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
1/29/2019 House Committee on Judiciary Refer Amended to Appropriations
2/22/2019 House Committee on Appropriations Refer Amended to House Committee of the Whole
2/26/2019 House Second Reading Passed with Amendments - Committee
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
HB19-1033 Local Governments May Regulate Nicotine Products
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, February 27 2019
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE
(1) in house calendar.
Short Title: Local Governments May Regulate Nicotine Products
Sponsors: K. Tipper | C. Kennedy / R. Fields | K. Priola
Summary: Sections 1, 2, and 4 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 4 expressly authorizes a county
to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors.
Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of
cigarettes, tobacco products, or nicotine products to minors.
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 5 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 6 authorizes a statutory or home rule city or town or a county, if approved by a vote of the people
within the statutory or home rule city or town or 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.
Section 7 makes a conforming amendment.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 1/4/2019 Introduced In House - Assigned to Health & Insurance
2/1/2019 House Committee on Health & Insurance Refer Amended to House Committee of the Whole
2/5/2019 House Second Reading Passed with Amendments - Committee
2/6/2019 House Third Reading Passed - No Amendments
2/7/2019 Introduced In Senate - Assigned to Health & Human Services
2/14/2019 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/20/2019 Senate Second Reading Laid Over Daily - No Amendments
2/22/2019 Senate Second Reading Passed with Amendments - Floor
2/25/2019 Senate Third Reading Passed - No Amendments
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
HB19-1035 Remove Fee Cap Electrical Inspection Local Government Higher Education
Comment:
Position: Support
Calendar
Notification:
Tuesday, March 5 2019
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 357
(1) in senate calendar.
Short Title: Remove Fee Cap Electrical Inspection Local Government Higher Education
Sponsors: J. Rich | D. Roberts / R. Woodward | J. Ginal
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 and limits the fee for a permit for a hot water
heater load control device to no more than $10. The bill deletes this $10 cap, specifies that the 15% cap relates to fees
as they existed on January 1, 2014, and subjects the permit fee to the adjusted 15% cap.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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
1/31/2019 House Third Reading Passed - No Amendments
2/4/2019 Introduced In Senate - Assigned to Local Government
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
HB19-1037 Colorado Energy Impact Assistance Act
Comment:
Position: Monitor
Calendar
Notification:
Thursday, February 28 2019
GENERAL ORDERS - SECOND READING OF BILLS
(5) in house calendar.
Short Title: Colorado Energy Impact Assistance Act
Sponsors: C. Hansen | D. Esgar / K. Donovan
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
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
2/11/2019 House Committee on Energy & Environment Refer Amended to House Committee of the Whole
2/14/2019 House Second Reading Laid Over Daily - No Amendments
2/25/2019 House Second Reading Laid Over to 02/27/2019 - No Amendments
2/26/2019 House Second Reading Laid Over to 02/28/2019 - No Amendments
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, February 27 2019
State Library Health & Insurance
1:30 p.m. Room Old
(1) 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:
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, March 6 2019
Business Affairs & Labor
1:30 p.m. Room LSB-A
(2) 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
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
HB19-1087 Local Public Meeting Notices Posted On Website
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, March 6 2019
Transportation & Local Government
1:30 p.m. Room 0112
(1) in house calendar.
Short Title: Local Public Meeting Notices Posted On Website
Sponsors: M. Soper | C. Hansen / R. Woodward
Summary: The bill requires a local government to post notices of public meetings required by the state open meetings law on the
local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if
feasible, by type of meeting, date and time of meeting, and agenda contents.
(Note: This summary applies to this bill as introduced.)
Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1096 Colorado Right To Rest
Comment:
Position: Oppose
Calendar
Notification:
NOT ON 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.
(Note: This summary applies to this bill as introduced.)
Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government
2/26/2019 House Committee on Transportation & Local Government Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1099 Eliminate Red Light Cameras
Comment:
Position: Oppose
Calendar
Notification:
NOT ON 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
2/20/2019 House Committee on Transportation & Local Government Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1119 Peace Officer Internal Investigation Open Records
Comment:
Position: Oppose
Calendar
Notification:
NOT ON CALENDAR
Short Title: Peace Officer Internal Investigation Open Records
Sponsors: J. Coleman / M. Foote
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 and
allows other 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.
The bill allows a person who has been denied access to any information in a completed internal affairs
investigation file to file an application in court to show cause why the withheld or redacted information should not be
made available to the applicant. If the court determines, based on its independent judgment, applying de novo review,
that any portion or portions of the completed internal affairs investigation file were improperly withheld, the court
shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.
The bill applies to files of internal investigations that were started after the effective date of the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 1/16/2019 Introduced In House - Assigned to Judiciary
2/19/2019 House Committee on Judiciary Refer Amended to House Committee of the Whole
2/22/2019 House Second Reading Laid Over Daily - No Amendments
2/25/2019 House Second Reading Passed with Amendments - Committee, Floor
2/26/2019 House Third Reading Passed - No Amendments
2/27/2019 Introduced In Senate - Assigned to Judiciary
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
HB19-1143 Distribute Plastic Straws Only Upon Request
Comment:
Position: Oppose
Calendar
Notification:
NOT ON CALENDAR
Short Title: Distribute Plastic Straws Only Upon Request
Sponsors: S. Lontine / R. Fields | K. Priola
Summary: The bill prohibits a restaurant, food vendor, or other food service establishment from providing a single-use plastic
beverage straw to a customer unless the customer requests a straw. The bill does not apply to the following:
The use of a self-serve straw dispenser;
A customer's order of food from a food service establishment through a drive-through window, for off-
premises delivery through a third-party delivery service, or for delivery through the use of a digital or mobile
application or website; or
Prepackaged food that was filled, sealed, or packaged before the food service establishment received the
prepackaged food at its retail premises.
A local government shall not regulate the use of single-use plastic beverage straws.
(Note: This summary applies to this bill as introduced.)
Status: 1/29/2019 Introduced In House - Assigned to Energy & Environment
2/25/2019 House Committee on Energy & Environment Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1157 Modify Specific Ownership Tax Rates
Comment:
Position: Oppose
Calendar
Notification:
Wednesday, February 27 2019
Transportation & Local Government
1:30 p.m. Room 0112
(1) in house calendar.
Short Title: Modify Specific Ownership Tax Rates
Sponsors: L. Liston
Summary: On and after July 1, 2020, the bill modifies the rates of specific ownership tax imposed on motor vehicles,
commercial trailers, and special mobile machinery that is less than 25 years old, increasing the total amount of
specific ownership tax revenue collected. Additional specific ownership tax revenue generated by the specific
ownership tax rate modifications is transferred to the highway users tax fund (HUTF) for allocation to the state,
counties, and municipalities in accordance with the existing "second stream" statutory formula for the allocation of
HUTF money. The state, counties, and municipalities may expend the revenue only for construction, reconstruction,
repairs, improvement, planning, supervision, and maintenance of state highways, county roads, and municipal streets,
including the acquisition of rights-of-way and access rights.
(Note: This summary applies to this bill as introduced.)
Status: 1/29/2019 Introduced In House - Assigned to Transportation & Local Government + Finance
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1159 Modify Innovative Motor Vehicle Income Tax Credits
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
Short Title: Modify Innovative Motor Vehicle Income Tax Credits
Sponsors: S. Jaquez Lewis | M. Gray / J. Danielson
Summary: The bill modifies the amounts of and extends the number of available years of the existing income tax credits for the
purchase or lease of an electric motor vehicle, a plug-in hybrid electric motor vehicle, and an original equipment
manufacturer electric truck and plug-in hybrid electric truck.
(Note: This summary applies to this bill as introduced.)
Status: 1/29/2019 Introduced In House - Assigned to Energy & Environment + Finance
2/25/2019 House Committee on Energy & Environment Refer Unamended to Finance
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1165 On-site Wind Turbine Manufacturing Property Tax Exemption
Comment:
Position: Monitor
Calendar
Notification:
NOT ON CALENDAR
Short Title: On-site Wind Turbine Manufacturing Property Tax Exemption
Sponsors: R. Pelton / K. Donovan | D. Hisey
Summary: For property tax years commencing on or after January 1, 2020, but before January 1, 2030, the bill exempts from
property tax business personal property used to manufacture wind turbines or components of wind turbines at the site
where the wind turbines will be placed into service.
(Note: This summary applies to this bill as introduced.)
Status: 1/30/2019 Introduced In House - Assigned to Energy & Environment + Finance + Appropriations
2/11/2019 House Committee on Energy & Environment Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
HB19-1177 Extreme Risk Protection Orders
Comment:
Position: Monitor
Calendar
Notification:
Thursday, February 28 2019
Appropriations
8:00 a.m. Room LSB-A
(6) in house calendar.
Short Title: Extreme Risk Protection Orders
Sponsors: T. Sullivan | A. Garnett / L. Court | B. Pettersen
Summary: The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a
temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence
that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by
possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty
of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they
exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on
the court day immediately following the day the petition is filed.
After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days
following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint
counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer
establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a
firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a
continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a
firearm for 364 days.
Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed
carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement
agency or a federally licensed firearms dealer. If a person other than the respondent claims title to any firearms
surrendered to law enforcement, the firearm shall be returned to him or her.
The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO.
The respondent has the burden of proof at a termination hearing. The court shall terminate the ERPO if the
respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing
personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or
receiving a firearm. The court may continue the hearing if the court cannot issue an order for termination at that time
but believes there is a strong possibility the court could issue a termination order prior to the expiration of the ERPO.
The petitioner requesting the original ERPO may request an extension of the ERPO before it expires. The
petitioner must show by clear and convincing evidence that the respondent continues to pose a significant risk of
causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing,
possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be
returned.
The bill requires the state court administrator to develop and prepare standard petitions and ERPO forms.
Additionally, the state court administrator at the judicial department's "State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act" hearing shall provide statistics related to petitions for
ERPOs.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2019 Introduced In House - Assigned to Judiciary
2/21/2019 House Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
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.
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
1/31/2019 Introduced In House - Assigned to Finance
2/11/2019 House Committee on Finance Refer Amended to Appropriations
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;
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
SB19-034 Local Government Recycling Standards For Food Containers
Comment:
Position: Monitor
Calendar
Notification:
NOT ON 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:
NOT ON 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.)
Status: 1/8/2019 Introduced In Senate - Assigned to Health & Human Services
2/14/2019 Senate Committee on Health & Human Services Postpone Indefinitely
Fiscal Notes: Fiscal Note
Bill Version: Introduced
SB19-077 Electric Motor Vehicles Public Utility Services
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, February 27 2019
SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE
1:30 PM SCR 354
(1) in senate 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
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
2/20/2019 Senate Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes: Fiscal Note
Bill Version: Pre-Amended
SB19-096 Collect Long-term Climate Change Data
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
Short Title: Collect Long-term Climate Change Data
Sponsors: K. Donovan / C. Hansen
Summary: The bill requires the air quality control commission in the department of public health and environment to collect
greenhouse gas emissions data from greenhouse gas-emitting entities, report on the data, including a forecast of
future emissions, and propose a draft rule to address the emissions by July 1, 2020.
(Note: This summary applies to this bill as introduced.)
Status: 1/23/2019 Introduced In Senate - Assigned to Transportation & Energy
Fiscal Notes:
Bill Version: Introduced
SB19-107 Broadband Infrastructure Installation
Comment:
Position: Monitor
Calendar
Notification:
NOT ON CALENDAR
Short Title: Broadband Infrastructure Installation
Sponsors: K. Donovan
Summary: Section 1 of the bill authorizes an electric utility or other electricity supplier to install and maintain above-ground
broadband internet service infrastructure for internal use, for external use in providing broadband internet service, or
for lease of any excess capacity to a broadband internet service provider (provider).
Section 1 also authorizes a provider to enter into a contract with a landowner to access an electric utility's
existing easement on the landowner's private property if:
The provider seeks to access the easement to construct or maintain infrastructure to be used in providing
broadband internet service;
The provider's access will not violate an exclusivity term in the electric utility's contract with the landowner;
and
The electric utility has previously determined that the provider's access would not likely interfere with the
electric utility's construction, maintenance, or use of any infrastructure placed on the property.
A provider seeking access to an electric utility's existing easement on private property is required to seek written
authorization from the electric utility, which authorization the electric utility shall not unreasonably withhold or
delay.
An electric utility authorizing a provider's access to its existing easement on private property may seek
reimbursement from the provider for actual and reasonable costs the electric utility incurs as a result of sharing the
easement.
The public utilities commission may enforce the requirements set forth in the bill by directing the attorney
general to commence an action or proceeding in district court seeking to stop or prevent the violations.
Sections 2 and 3 make conforming amendments.
(Note: This summary applies to this bill as introduced.)
Status: 1/29/2019 Introduced In Senate - Assigned to Business, Labor, & Technology + Local Government
Fiscal Notes: Fiscal Note
Bill Version: Introduced
2/21/2019 House Committee on Judiciary
Refer Amended to Appropriations
SB19-
006
Support NOT ON CALENDAR Electronic Sales And Use Tax
Simpli cation System
A. Williams / T. Kraft-Tharp |
K. Van Winkle
2/11/2019 House Committee on Finance Refer
Amended to Appropriations
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 NOT ON CALENDAR Local Government Recycling
Standards For Food Containers
D. Moreno / J. Arndt 1/4/2019 Introduced In Senate - Assigned to
Local Government
SB19-
077
Monitor Wednesday, February 27
2019
SENATE BUSINESS, LABOR,
AND TECHNOLOGY
COMMITTEE
1:30 PM SCR 354
(1) in senate calendar.
Electric Motor Vehicles Public
Utility Services
K. Priola | A. Williams / C.
Hansen
1/11/2019 Introduced In Senate - Assigned to
Business, Labor, & Technology
SB19- Monitor NOT ON CALENDAR Equal Pay For Equal Work Act J. Danielson | B. Pettersen / J. 2/20/2019 Senate Committee on Judiciary
COMMITTEE
2:00 PM SCR 357
(1) in senate calendar.
Remove Fee Cap Electrical
Inspection Local Government
Higher Education
J. Rich | D. Roberts / R.
Woodward | J. Ginal
2/4/2019 Introduced In Senate - Assigned to
Local Government
HB19-
1037
Monitor Thursday, February 28 2019
GENERAL ORDERS -
SECOND READING OF BILLS
(5) in house calendar.
Colorado Energy Impact
Assistance Act
C. Hansen | D. Esgar / K.
Donovan
2/26/2019 House Second Reading Laid Over to
02/28/2019 - No Amendments
HB19-
1076
Monitor Wednesday, February 27
2019
State Library Health &
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