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Bill No. Title StatusSave to CalendarHistoryCCW SummaryIntro DateHearing RoomHearing TimeHearing DateFiscal NotesFull TextBill SubjectBill DocsVotesSenate CommitteeHouse CommitteeSenate SponsorsHouse SponsorsOfficial SummaryCustom SummaryCommentCategoryPositionLobbyists
HB18-1001 FAMLI Family Medical Leave Insurance Program House Committee on Business Affairs and Labor Refer Amended to Finance (02/06/2018)
Bill History

Concerning the creation of a family and medical leave insurance program.

01/10/2018Legislative Services Building Hearing Room Ano specified time2018-03-07Fiscal Notes (02/02/2018)Full Text of Bill- Labor & Employment
Bill DocumentsVotes all LegislatorsBusiness Affairs & LaborR. Fields (D)
K. Donovan (D)
F. Winter (D)
M. Gray (D)

The bill creates the family and medical leave insurance (FAMLI)
program in the division of family and medical leave insurance (division)
in the department of labor and employment to provide partial
wage-replacement benefits to an eligible individual who takes leave from
work to care for a new child or a family member with a serious health
condition or who is unable to work due to the individual's own serious

health condition.
Each employee in the state will pay a premium determined by the
director of the division by rule, which premium is based on a percentage
of the employee's yearly wages and must not initially exceed .99%. The
premiums are deposited into the family and medical leave insurance fund
from which family and medical leave benefits are paid to eligible
individuals. The director may also impose a solvency surcharge by rule
if determined necessary to ensure the soundness of the fund. The division
is established as an enterprise, and premiums paid into the fund are not
considered state revenues for purposes of the taxpayer's bill of rights
(TABOR).

cLobbyists
HB18-1030 Prohibit Discrimination Labor Union Participation House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (01/24/2018)
Bill History

Concerning the prohibition of discrimination against employees based on labor union participation.

01/10/2018Fiscal Notes (01/12/2018)Full Text of Bill- Labor & Employment
Bill DocumentsVotes all LegislatorsState, Veterans, & Military AffairsT. Neville (R)J. Everett (R)

The bill prohibits an employer from requiring any person, as a
condition of employment, to become or remain a member of a labor
organization or to pay dues, fees, or other assessments to a labor
organization or to a charity organization or other third party in lieu of the
labor organization. Any agreement that violates these prohibitions or the
rights of an employee is void.

The bill creates civil and criminal penalties for violations and
authorizes the attorney general and the district attorney in each judicial
district to investigate alleged violations and take action against a person
believed to be in violation. The bill states that all-union agreements are
unfair labor practices.

bLobbyists
HB18-1033 Employee Leave To Participate In Elections Introduced In Senate - Assigned to State, Veterans, & Military Affairs (02/12/2018)
Bill History

Concerning the time in which employees are entitled to take leave to participate in elections.

01/10/2018Senate Committee Room 3571:30 PM2018-02-28Fiscal Notes (01/18/2018)Full Text of Bill- Elections & Redistricting
Bill DocumentsVotes all LegislatorsState, Veterans, and Military AffairsState, Veterans, & Military AffairsD. Coram (R)M. Weissman (D)

Currently, an employee may take leave for a period of time to vote
in an election on the day of the election. The bill allows an employee to
take leave to vote, register to vote, obtain a ballot or replacement ballot,
or obtain documents or identification necessary to vote or register. For a
general, primary, or coordinated election, the bill allows an employee to
take the leave on any day that polling locations are open. For all other

elections, the bill allows the employee to take the leave on any day during
the 8 days prior to and including the day of the election. An employer
may deny a request for leave if the employee has 3 consecutive hours in
which he or she is not scheduled to work during the hours the employee
is entitled to take the leave.

cLobbyists
HB18-1034 Career And Technical Education Capital Grant Program Introduced In House - Assigned to Education + Appropriations (01/10/2018)
Bill History

Concerning creation of a grant program for capital costs relating to career and technical education.

01/10/2018House Committee Room 01121:30 PM2018-02-26 Full Text of Bill- Higher Education
Bill DocumentsVotes all LegislatorsEducationK. Priola (R)H. McKean (R)
P. Covarrubias (R)

The bill creates the career and technical education capital grant
program (program) in the department of labor and employment. The state
work force development council (state council) will award grants through
the program to area technical colleges, school districts, and community
colleges to use for equipment, or construction and maintenance of
buildings, related to career and technical education. In awarding grants,

the state council will prioritize applicants from rural areas of the state and
consider each applicant's demonstrated need. For each year in which it
awards grants, the state council must publish a report that identifies the
grant recipients and how the grant money was used.

cLobbyists
HB18-1036 Reduce Business Personal Property Taxes House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/01/2018)
Bill History

Concerning the reduction of business personal property taxes.

01/10/2018Fiscal Notes (01/31/2018)Full Text of Bill- Local Government
Bill DocumentsVotes all LegislatorsState, Veterans, & Military AffairsT. Neville (R)T. Leonard (R)

There is currently an exemption from property tax for business
personal property that would otherwise be listed on a single personal
property schedule that is equal to $7,400 for the current property tax year
cycle. The bill raises the exemption to $50,000 commencing in tax year
2018, and continues to adjust it for inflation for subsequent property tax
cycles, so that businesses with personal property under $50,000, or the

inflation adjusted amount, would not have to file the business personal
property tax forms nor pay the corresponding tax.
The bill also raises the value of business personal property that
qualifies for an exemption for consumable property from $350, which is
the value set by the property tax administrator, to $500.

cLobbyists
HB18-1042 Private Interstate Commercial Vehicle Registration House Committee on Transportation & Energy Refer Amended to Appropriations (01/31/2018)
Bill History

Concerning the creation of a program to authorize private providers to register commercial vehicles as Class A personal property.

01/10/2018Legislative Services Building Hearing Room A8:00 AM2018-02-23Fiscal Notes (02/21/2018)Full Text of Bill- Crimes, Corrections, & Enforcement
- Transportation & Motor Vehicles
Bill DocumentsVotes all LegislatorsTransportation & EnergyR. Scott (R)
R. Zenzinger (D)
J. Becker (R)
J. Ginal (D)

Transportation Legislation Review Committee. The bill creates
the expedited registration program (program). The program authorizes the
department of revenue to promulgate rules authorizing private providers
to register interstate commercial vehicles. The provider may collect and
retain a convenience fee.

The bill requires the program to:
  • Operate efficiently;
  • Result in overall cost savings to the state by providing
additional services or by increasing the speed or quality of
service; and
  • Register commercial vehicles and collect taxes and fees in
compliance with state law.
To qualify, a private provider must:
  • Be approved by the department;
  • Use appropriate software approved by the department; and
  • Submit evidence of financial responsibility.
The department may deny, suspend, or revoke the authority to be
a provider if the provider violates the law, makes a material misstatement
in an application, or fails to perform.

bLobbyists
HB18-1069 Reclaimed Water Use For Toilet Flushing House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations (01/29/2018)
Bill History

Concerning the allowable uses of reclaimed domestic wastewater, and, in connection therewith, allowing reclaimed domestic wastewater to be used for toilet flushing.

01/10/2018Fiscal Notes (01/25/2018)Full Text of Bill- Public Health
- Water
Bill DocumentsVotes all LegislatorsAgriculture, Livestock and Natural ResourcesD. Coram (R)J. Arndt (D)
D. Thurlow (R)

The bill codifies rules promulgated by the water quality control
commission (commission) of the Colorado department of public health
and environment concerning allowable uses of reclaimed domestic

wastewater, which is wastewater that has been treated for subsequent
reuses other than drinking water.
Section 3 of the bill defines 3 categories of water quality standards
for reclaimed domestic wastewater, sets forth the allowable uses for each
water quality standard category, and adds toilet and urinal flushing in
multifamily residential and nonresidential structures as allowable uses for
reclaimed domestic wastewater. Section 3 also authorizes the commission
to establish new categories of water quality standards and to recategorize
any use of reclaimed domestic wastewater to a less stringent category of
water quality standard. Section 3 also authorizes the division of
administration in the department of public health and environment to
grant variances for uses of reclaimed domestic wastewater.
Sections 1, 2, and 4 make conforming amendments.

cLobbyists
HB18-1106 Minimum Wage Requirement Waiver House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (01/24/2018)
Bill History

Concerning the ability to waive minimum wage requirements.

 

01/18/2018Fiscal Notes (01/23/2018)Full Text of Bill- Labor & Employment
Bill DocumentsVotes all LegislatorsState, Veterans, & Military AffairsD. Williams (R)

Current law establishes and requires an annual adjustment of the
minimum wage for certain employees. The bill allows an applicant for
employment or an employee to negotiate a different wage that is
agreeable to the employer and the applicant or employee. The bill requires
employers to post a notice of the right to negotiate wages.

cLobbyists
HB18-1113 Small Business Regulatory Reform House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/14/2018)
Bill History

Concerning state agency requirements for the enforcement of new regulatory requirements on small businesses, and, in connection therewith, enacting the 'Regulatory Reform Act of 2018'.

01/19/2018Fiscal Notes (02/09/2018)Full Text of Bill- Business & Economic Development
Bill DocumentsVotes all LegislatorsState, Veterans, & Military AffairsV. Marble (R)
T. Neville (R)
P. Neville (R)

The bill enacts the Regulatory Reform Act of 2018. Section 2 of
the bill makes legislative declarations about the importance of businesses
with 100 or fewer employees to the Colorado economy and the difficulty

these types of businesses have in complying with new administrative rules
that are not known or understood by these businesses.
Section 3 defines new rule as any regulatory requirement in
existence for less than one year prior to its enforcement by a state agency,
and minor violation as any violation of a new rule by a business with
100 or fewer employees where the violation is minor in nature, involving
record-keeping or other issues that do not affect the safety of the public.
Section 3 provides exceptions from the definition of minor violation for
certain types of rules.
For the first minor violation of a new rule by a business of 100 or
fewer employees, section 4 requires a state agency to issue a written
warning and engage the business in educational outreach as to the
methods of complying with the new rule. Section 3 requires state agencies
to make information on new rules available and allows this information
to be made available in electronic form.

cLobbyists
HB18-1119 Highway Building & Maintenance Funding House Committee on Transportation & Energy Postpone Indefinitely (02/21/2018)
Bill History

Concerning sustainable rural highway building and maintenance funding, and, in connection therewith, requiring a specified percentage of net revenue generated by the existing state sales and use tax to be credited to the state highway fund; requiring the transportation commission to submit to the voters of the state at the November 2018 general election a ballot question, which, if approved, will, without raising taxes, authorize the state to issue transportation revenue anticipation notes for the purpose of funding the construction of specified high-priority highway projects, will require all of the notes to be issued and projects commenced within three years of the notes being authorized, will exclude note proceeds and investment earnings on note proceeds from state fiscal year spending limits, and will repeal an existing requirement that the state treasurer execute lease-purchase agreements for the purpose of funding transportation projects; and requiring the sales and use tax net revenue credited to the state highway fund to be used to repay any notes issued and to fund maintenance on qualified federal aid highways.

01/19/2018Fiscal Notes (02/16/2018)Full Text of Bill- Transportation & Motor Vehicles
Bill DocumentsVotes all LegislatorsTransportation & EnergyT. Neville (R)T. Leonard (R)

Section 9 of the bill requires the transportation commission
(commission) to submit a ballot question to the voters of the state at the
November 2018 statewide election which, if approved:
  • Will require the executive director of the department of
transportation (CDOT) to issue transportation revenue
anticipation notes (TRANs) in a maximum principal
amount of $3.5 billion and with a maximum repayment cost
of $5 billion; and
  • Will, in conjunction with sections 3, 4, and 7, repeal
current law, enacted by Senate Bill 17-267, that requires
the state treasurer to execute lease-purchase agreements of
up to $1.88 billion for the purpose of funding high-priority
qualified federal aid transportation projects.
The executive director must issue at least one-third of the TRANs
within one year of the date of the official declaration of the vote on the
ballot issue by the governor, issue at least two-thirds of the TRANs
within 2 years of that date, and issue all of the TRANs within 3 years of
that date. The additional TRANs must have a maximum repayment term
of 20 years, and the certificate, trust indenture, or other instrument
authorizing their issuance must provide that the state may pay them in full
before the end of the specified payment term without penalty. TRANs
must otherwise generally be issued subject to the same requirements as
the TRANs issued in 1999; except that the commission must pledge to
annually allocate from legally available money under its control any
money needed for payment of TRANs until the TRANs are fully repaid.
Section 10 requires TRANs net proceeds not otherwise pledged
for TRANs payments to be credited to the state highway fund and
expended by CDOT only for qualified federal aid highway projects as
described in section 6. CDOT may expend no more than 10% of the net
proceeds for the administration and engineering of the projects being
funded with the net proceeds.
On and after July 1, 2018, section 5 requires 7.5% of state sales
and use tax net revenue to be credited to the state highway fund and used
first to make TRANs payments. Section 6 requires state sales and use tax
net revenue credited to the state highway fund that is not expended to
make TRANs payments to be expended only for maintenance of qualified
federal aid highways and requires TRANs net proceeds credited to the
state highway fund to be expended only for qualified federal aid highway
projects included in the strategic transportation project investment
program of CDOT and designated for tier 1 funding as 10-year
development program projects on CDOT's development program project
list.
If the voters of the state approve the issuance of TRANs, CDOT
is required to ensure that construction of one-third of the projects
commences within one year of the date of the official declaration of the
vote on the ballot issue by the governor, to ensure that construction of
two-thirds of the projects commences within 2 years of that date, and
ensure that construction of all of the projects commences within 3 years
of that date. Section 7 requires CDOT to include specified information
about the state sales and use tax net revenue and TRANs net proceeds in
its annual report to the senate transportation committee and the house
transportation and energy committee.

cLobbyists
HB18-1195 Tax Credit Contributions Organizations Affordable Housing Introduced In House - Assigned to Finance + Appropriations (02/05/2018)
Bill History

Concerning the creation of a credit against the state income tax to promote contributions to nonprofit organizations engaged in the development of affordable housing for home ownership.

02/05/2018Legislative Services Building Hearing Room A1:30 PM2018-02-26 Full Text of Bill- Fiscal Policy & Taxes
Bill DocumentsVotes all LegislatorsFinanceJ. Tate (R)D. Pabon (D)

For income tax years commencing on or after January 1, 2019, but
prior to January 1, 2030, the bill creates a state income tax credit for a
donation of cash or securities a taxpayer makes to an eligible developer

to be used solely for the costs associated with an eligible project.
The bill defines eligible developer to mean, in part, a nonprofit
community-based home ownership development organization that
satisfies specified requirements relating to its background in the field of
housing development and is developing or plans to develop the eligible
project that is or will be receiving the donations for which the tax credits
may be claimed. The bill defines eligible project to mean the
development of new residential housing for home ownership consisting
of one or more residential units constructed for sale to a buyer whose
median income is 120% or less of the area median income and for which
each unit sold is to be preserved as affordable housing by means of a
specified deed restriction. In order to be designated as an eligible
developer authorized to accept donations, a nonprofit community-based
home ownership development organization must satisfy certain criteria
as created and evaluated by the Colorado housing and finance authority
(authority).
The amount of the credit allowed by the bill is 50% of the amount
of the money or the value of the securities donated to the eligible
developer as documented in a form and manner acceptable to the
department of revenue (department); except that the aggregate amount of
the credit awarded to any one taxpayer under the bill is limited to
$250,000 in any one income tax year.
The aggregate amount of tax credits certified is limited to $20
million for each of the January 1, 2020, through the January 1, 2029, tax
years.
If the amount of the credit allowed exceeds the amount of the
taxpayer's income tax liability in the income tax year for which the credit
is being claimed, the amount of the credit not used as an offset against
income taxes in such income tax year is not allowed as a refund but may
be carried forward and applied against the income tax due in each of the
5 succeeding income tax years, but must first be applied against the
income tax due for the earliest of the income tax years possible.
A tax credit allowed by the bill is neither transferable nor
assignable to any other taxpayer.
In order to claim the credit, the donation the taxpayer provides to
obtain the credit must be accepted by the eligible developer to whom it
has been given and certified by the authority. The authority is required to
certify each donation. The authority completes certification by providing
a certificate to the taxpayer in a format acceptable to the department
evidencing that the certification requirements of the bill have been met.
The authority is permitted to charge and collect an administrative fee
from each applicant to recover program administration costs and
expenses.
A taxpayer claiming the credit must submit, maintain, and record
any information that the department may require by rule regarding the
taxpayer's donation to the eligible developer, including the certificate
received from the authority. A taxpayer is required to electronically file
with the department the certificate the taxpayer receives from the
authority.
The tax credit is repealed, effective July 1, 2040.

cLobbyists
HB18-1250 Analysis To Improve Compliance With Rules By Businesses. Introduced In House - Assigned to Business Affairs and Labor (02/21/2018)
Bill History

Concerning an analysis to improve compliance with departmental rules by regulated businesses.

02/21/2018 Full Text of Bill- State Government
Bill DocumentsVotes all LegislatorsBusiness Affairs & LaborK. Priola (R)T. Kraft-Tharp (D)
L. Sias (R)

The bill requires each state agency to conduct an analysis of
noncompliance with its rules to identify rules with the greatest frequency
of noncompliance, rules that generate the greatest amount of fines, how
many first-time offenders were given the opportunity to cure a minor
violation, and what factors contribute to noncompliance by regulated
businesses. The analysis will guide each department on how to improve

its education and outreach to regulated businesses on compliance with the
department's rules. Each state agency is required to forward that analysis
to the department of regulatory agencies, which shall compile and
summarize those analyses into one combined analysis of noncompliance
to be presented at the department of regulatory agencies' State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act hearing.

cLobbyists
SB18-001 Transportation Infrastructure Funding Senate Committee on Transportation Refer Amended to Finance (01/23/2018)
Bill History

Concerning transportation infrastructure funding, and, in connection therewith, requiring the transportation commission to submit a ballot question to the voters of the state at the November 2018 general election, which, if approved, would authorize the state, with no increase in any taxes, to issue additional transportation revenue anticipation notes for the purpose of addressing critical priority transportation needs in the state by funding transportation projects; would exclude note proceeds and investment earnings on note proceeds from state fiscal year spending limits; would repeal an existing requirement that the state treasurer execute lease-purchase agreements for the purpose of funding transportation projects; and would require ten percent of state sales and use tax net revenue to be credited to the state highway fund for the purpose of repaying any notes issued and funding transportation projects.

01/10/2018Fiscal Notes (02/16/2018)Full Text of Bill- Transportation & Motor Vehicles
Bill DocumentsVotes all LegislatorsTransportationR. Baumgardner (R)
J. Cooke (R)
P. Buck (R)
T. Carver (R)

In 1999, the voters of the state authorized the executive director of
the department of transportation (executive director) to issue
transportation revenue anticipation notes (TRANs) in a maximum
principal amount of $1.7 billion and with a maximum repayment cost of
$2.3 billion in order to provide financing to accelerate the construction of
qualified federal aid transportation projects. The executive director issued
the TRANs as authorized, and the TRANs have been fully repaid.
Section 8 of the bill requires the transportation commission
(commission) to submit a ballot question to the voters of the state at the
November 2018 statewide election, which, if approved:
  • Would authorize the executive director to issue additional
TRANs in a maximum principal amount of $3.5 billion and
with a maximum repayment cost of $5 billion; and
  • Would, in conjunction with sections 3, 4, and 7, repeal
current law, enacted by Senate Bill 17-267, that requires
the state treasurer to execute lease-purchase agreements of
up to $1.88 billion for the purpose of funding high-priority
qualified federal aid transportation projects.
The additional TRANs must have a maximum repayment term of
20 years, and the certificate, trust indenture, or other instrument
authorizing their issuance must provide that the state may pay them in full
before the end of the specified payment term without penalty. Additional
TRANs must otherwise generally be issued subject to the same
requirements and for the same purposes as the original TRANs; except
that the commission must pledge to annually allocate from legally
available money under its control any money needed for payment of the
notes until the notes are fully repaid. Section 9 requires TRANs proceeds
not otherwise pledged for TRANs payments to be credited to the state
highway fund.
On and after July 1, 2018, section 5 requires 10% of state sales
and use tax net revenue to be credited to the state highway fund and used
first to make TRANs payments. Section 6 specifies that state sales and
use tax net revenue credited to the state highway fund that is not
expended to make TRANs payments and TRANs net proceeds credited
to the state highway fund must be used only for qualified federal aid
transportation projects that are included in the strategic transportation
project investment program of the department of transportation (CDOT)
and designated for tier 1 funding as 10-year development program
projects on CDOT's development program project list. At least 25% of the
TRANs net proceeds must be used for projects in counties with
populations of 50,000 or less and at least 10% of the TRANs net proceeds
must be used for transit purposes or transit-related capital improvements.
Section 7 requires CDOT to include specified information about the state
sales and use tax net revenue and TRANs net proceeds in its annual report
to the senate transportation committee and the house transportation and
energy committee.

bLobbyists
SB18-006 Recording Fee To Fund Attainable Housing Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/05/2018)
Bill History

Concerning the ability of the counties to increase the fee they charge for the recording of real estate documents for the purpose of financing a statewide attainable housing investment fund.

01/10/2018Fiscal Notes (01/16/2018)Full Text of BillNoneBill DocumentsVotes all LegislatorsState, Veterans, and Military AffairsR. Zenzinger (D)F. Winter (D)

Currently, each county clerk and recorder collects a surcharge of
one dollar for each document received for recording or filing in his or her
office. The surcharge is in addition to any other fees permitted by statute.

Section 2 of the bill allows counties to impose an increased
surcharge in the amount of $5 for documents received for recording or
filing on or after January 1, 2019.
In a county that has elected to collect the increased surcharge of
$5, out of each $5 collected, the bill requires the clerk to retain one dollar
to be used to defray the costs of an electronic or core filing system in
accordance with existing law. The bill requires the clerk to transmit the
other $4 collected to the state treasurer, who is to credit the same to the
statewide attainable housing investment fund (fund).
Section 3 creates the fund in the Colorado housing and finance
authority (authority). The bill specifies the source of money to be
deposited into the fund and that the authority is to administer the fund.
The bill directs that, of the money transmitted to the fund by the state
treasurer, on an annual basis, not less than 25% of such amount must be
expended for the purpose of supporting new or existing programs that
provide financial assistance to persons in households with an income of
up to 80% of the area median income for the purpose of allowing such
persons to finance, purchase, or rehabilitate single family residential
homes as well as to provide financial assistance to any nonprofit entity
and political subdivision that makes loans to persons in such households
to enable such persons to finance, purchase, or rehabilitate single family
residential homes.
Section 3 also requires the authority to submit a report, no later
than June 1 of each year, specifying the use of the fund during the prior
calendar year to the governor and to the senate and house finance
committees.

cLobbyists
SB18-007 Affordable Housing Tax Credit Senate Third Reading Passed - No Amendments (02/22/2018)
Bill History

Concerning the Colorado affordable housing tax credit, and, in connection therewith, renaming the low-income housing tax credit the Colorado affordable housing tax credit and extending the period during which the Colorado housing and finance authority may allocate affordable housing tax credits.

01/10/2018Senate Chamber9:00 AM2018-02-22Fiscal Notes (01/22/2018)Full Text of BillNoneBill DocumentsVotes all LegislatorsFinanceL. Guzman (D)
J. Tate (R)
C. Duran (D)
J. Becker (R)

The bill changes the name of the existing low-income housing tax

credit to the affordable housing tax credit. This change is reflected in
sections 1 and 3 of the bill.
Section 2 extends the period during which the Colorado housing
and finance authority may allocate affordable housing tax credits from
December 31, 2019, to December 31, 2024.

bLobbyists
SB18-123 Asbestos Trust Claims Transparency Act Introduced In Senate - Assigned to Judiciary (01/29/2018)
Bill History

Concerning asbestos trust claim transparency.

01/29/2018Senate Committee Room 3521:30 PM2018-02-28Fiscal Notes (02/07/2018)Full Text of Bill- Civil Law
Bill DocumentsVotes all LegislatorsJudiciaryJ. Sonnenberg (R)L. Liston (R)

The bill enacts the Asbestos Bankruptcy Trust Claims
Transparency Act. Federal bankruptcy law provides companies with
asbestos liabilities the ability to channel their future liabilities into trusts.
Plaintiffs harmed from asbestos exposure may file claims with the trusts
and file lawsuits against companies that are still solvent. The bill
addresses the disconnect between these separate compensation systems.
The bill sets forth requirements for the filing of asbestos trust claims and
provides for their admissibility so that juries are informed about all of a

plaintiff's exposure to asbestos and can properly determine fault.

cLobbyists
SB18-167 Enforce Requirements 811 Locate Underground Facilities Introduced In Senate - Assigned to Transportation (02/12/2018)
Bill History02/12/2018Senate Committee Room 352no specified time2018-02-22Fiscal Notes (02/21/2018)Full Text of Bill- Financial Services & Commerce
Bill DocumentsVotes all LegislatorsTransportationR. Scott (R)
K. Donovan (D)
L. Saine (R)
F. Winter (D)

Current law requires a person, before conducting an excavation,
to contact a nonprofit notification association (comprised of all owners
and operators of underground facilities) by dialing 811 to learn the
location of underground facilities in the excavation project area. The
owners and operators must then accurately mark the location of their
facilities. Violations of the excavation damage prevention law are

enforced exclusively through civil actions initiated by damaged parties to
collect specified civil penalties and damages. In 2016, the United States
department of transportation's pipeline and hazardous materials safety
administration (PHMSA) conducted an adequacy evaluation of
Colorado's enforcement of its excavation damage prevention law and
determined that the enforcement is inadequate, which may eventually
result in the withholding of federal funds from Colorado.
The bill creates the underground damage prevention safety
commission (commission) as an independent agency within the
department of labor and employment. The commission has rule-making
and enforcement authority regarding the excavation damage prevention
law and is required to enter into a memorandum of understanding with the
notification association to facilitate implementation and administration of
the law. The notification association is required to provide administrative
support to the commission in performing its duties.
A review committee of the commission initially determines
whether a violation of the law has occurred and, if appropriate,
recommends remedial action, potentially including a fine. Fines range
from $250 for a single minor violation within the previous 12 months to
$75,000 for a fourth major violation within the previous 12 months. The
full commission is bound by the review committee's determination of
facts but determines the final agency action regarding alleged violations.
Fines are credited to the damage prevention fund, which the commission
will use to develop educational programming, including by making
grants, that is designed to improve worker and public safety relating to
excavation and underground facilities.
Current law allows only an excavator to submit a location request
to the notification association. The bill authorizes a licensed professional
engineer designing excavation to submit a location request. The engineer
is required to ensure that the engineering plans meet certain standards
established by the American Society of Civil Engineers for defining the
accuracy of an underground facility location. The notification association
will collect a fee for each location request, which is deposited in the
safety commission fund and used to pay the commission's expenses.
Current law creates 2 tiers of membership in the notification
association. Tier 2 members are limited members with limited benefits
and include certain special districts, local governments, cable television
providers, and small telecommunications providers; tier 1 members are
full members with full benefits, and tier 1 consists of all other owners and
operators. If, after receiving a location request, the notification
association determines that a tier 1 member owns or operates the
underground facilities, the notification association contacts the tier 1
member to arrange for the marking of the underground facilities. If a tier
2 member owns or operates the underground facilities, the excavator must
contact the tier 2 member to arrange for the marking of the underground
facilities. Effective January 1, 2021, all underground facility owners and
operators are full members of the notification association with full
benefits, and excavators will no longer need to contact the owners or
operators to arrange for the marking.
All new underground facilities installed on or after January 1,
2020, must be electronically locatable when installed. Home rule local
governments are not subject to the commission's enforcement authority,
but the governing body of a home rule local government is required to
either adopt a similar enforceable damage prevention safety program or
waive its exemption and delegate its damage prevention enforcement
authority to the commission.
Information regarding the location of underground facilities is
exempt from the Colorado Open Records Act, pursuant to the existing
exemption for specialized details of critical infrastructure.

cLobbyists
SB18-171 Marketplace Contractor Workers' Compensation Unemployment Introduced In Senate - Assigned to Business, Labor, & Technology (02/21/2018)
Bill History

Concerning the creation of a test to determine whether a marketplace contractor that provides services on a marketplace platform is covered under certain employment-related laws.

02/21/2018 Full Text of Bill- Business & Economic Development
- Labor & Employment
Bill DocumentsVotes all LegislatorsBusiness, Labor and TechnologyA. Williams (D)
C. Holbert (R)
D. Pabon (D)
L. Sias (R)

The bill establishes a test for determining whether a marketplace
contractor is considered an employee under the Workers'
Compensation Act of Colorado and whether services provided by a

marketplace contractor are considered employment under the Colorado
Employment Security Act.

cLobbyists
SB18-178 Similar Coverage Independent Commercial Vehicles Introduced In Senate - Assigned to Business, Labor, & Technology (02/21/2018)
Bill History

Concerning the definition of similar coverage for workers' compensation for certain operators of commercial vehicles.

02/21/2018 Full Text of Bill- Labor & Employment
Bill DocumentsVotes all LegislatorsBusiness, Labor and TechnologyJ. Smallwood (R)T. Kraft-Tharp (D)

Current law requires independent operators of commercial vehicles
to have workers' compensation or a private insurance policy that provides
similar coverage. The bill changes private insurance policy to
occupational accident coverage insurance policy and specifies the
requirements for when such a policy may be considered as providing

similar coverage.

cLobbyists
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