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Bill: HB19-1003
Title: Community Solar Gardens Modernization Act
StatusGovernor Signed (05/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official 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.

Plan of Action
Hearing Date
House SponsorsC. Hansen (D)
A. Valdez (D)
House CommitteeEnergy and Environment
Senate SponsorsM. Foote (D)
T. Story (D)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (07/08/2019)

Bill: HB19-1025
Title: Limits On Job Applicant Criminal History Inquiries
StatusGovernor Signed (05/28/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official 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.

Plan of Action
Hearing Date
House SponsorsJ. Melton (D)
L. Herod (D)
House CommitteeJudiciary
Senate SponsorsM. Foote (D)
R. Rodriguez (D)
Senate CommitteeJudiciary
Fiscal NotesFiscal Notes (08/19/2019)

Bill: HB19-1029
Title: Republican River Water Conservation District
StatusGovernor Signed (04/16/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

Water Resources Review Committee. The boundaries of the
Republican river water conservation district are currently established by
statute as certain counties and portions of counties that are within the

Republican river basin. The bill expands the boundaries by including the
district areas where groundwater pumping depletes the flow of the
Republican river as contemplated by applicable United States supreme
court case law. The composition of the district's board of directors is
adjusted accordingly.
Current law requires the Republican river water conservation
district board of directors to conduct regular quarterly meetings in
January, April, July, and October. The bill changes these months to
February, May, August, and November.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
House CommitteeRural Affairs and Agriculture
Senate SponsorsL. Crowder (R)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (06/10/2019)

Bill: HB19-1040
Title: Professional Land Surveyors Continuing Education
StatusHouse Committee on Business Affairs & Labor Postpone Indefinitely (01/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill requires the state board of licensure for architects,
professional engineers, and professional land surveyors to adopt rules
establishing a continuing education requirement for professional land
surveyors.

Plan of Action
Hearing Date
House SponsorsD. Valdez (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsD. Coram (R)
K. Donovan (D)
Senate Committee
Fiscal NotesFiscal Notes (05/17/2019)

Bill: HB19-1050
Title: Encourage Use Of Xeriscape In Common Areas
StatusGovernor Signed (03/07/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG/Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

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

Sections 2 and 3 extend existing water conservation requirements,
currently applicable only to certain public entities that supply water at
retail and their customers, to property management districts and other
special districts that manage areas of parkland and open space.

Plan of Action
Hearing Date
House SponsorsB. Titone (D)
House CommitteeEnergy and Environment
Senate SponsorsK. Priola (R)
F. Winter (D)
Senate CommitteeLocal Government
Fiscal NotesFiscal Notes (06/19/2019)

Bill: HB19-1058
Title: Income Tax Benefits For Family Leave
StatusHouse Committee on Finance Postpone Indefinitely (01/31/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position

Monitor-Short Life

Priority Bill
Reason for Position
Background
Official Summary

Section 2 of the bill establishes leave savings accounts. A leave
savings account is an account with a financial institution for which the
individual uses money to pay for any expense while he or she is on
eligible leave, which includes:
  • The birth of a child of the individual and in order to care
for the child;

  • The placement of a child with the individual for adoption
or foster care;
  • Caring for a spouse, child, or parent of the individual if the
spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the individual unable
to perform the functions of the position of the individual;
or
  • Any qualifying exigency, as determined by the United
States secretary of labor, arising out of the fact that a
spouse, child, or parent of the individual is on covered
active duty, or has been notified of an impending call or
order to covered active duty, in the United States armed
forces.
An individual may annually contribute up to $5,000 of state pretax wages
to a leave savings account. Employers may also make a matching
contribution to an employee's leave savings account. The department of
revenue is required to establish a form about a leave savings account, and
the individual must annually file this form to be eligible for the tax
benefit.
Sections 3 and 4 allow an employee and an employer to claim a
state income tax deduction for amounts they contribute to the employee's
leave savings account. Section 3 also allows a taxpayer to deduct any
interest or other income earned on the investment during the taxable year
from their leave savings account.
Regardless of how the money is deposited in the leave savings
account, if an individual uses money in the account for an unauthorized
purpose, then the money is subject to recapture in the year it is withdrawn
and to a penalty equal to 10% of the amount recaptured.
Section 5 creates an income tax credit for an employer that pays
an employee for leave that is between 6 and 12 weeks long for one of the
following reasons:
  • The birth of a child of the employee and in order to care for
the child;
  • Placement of a child with the employee for adoption or
foster care;
  • Caring for a spouse, child, or parent of the employee if the
spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the employee unable
to perform the functions of the position of the employee; or
  • Any qualifying exigency, as determined by the United
States secretary of labor, arising out of the fact that a
spouse, child, or parent of the employee is on covered
active duty, or has been notified of an impending call or
order to covered active duty, in the United States armed
forces.
For employers with fewer than 50 employees, the credit is equal
to 50% of the amount paid, and for employers with 50 or more employees
it is equal to 25% of the amount paid. The credit is not refundable, but it
may be carried forward up to 5 years.

Plan of Action
Hearing Date
House SponsorsL. Landgraf (R)
S. Beckman (R)
House CommitteeFinance
Senate SponsorsK. Priola (R)
Senate Committee
Fiscal NotesFiscal Notes (01/28/2019)

Bill: HB19-1082
Title: Water Rights Easements
StatusGovernor Signed (03/28/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill clarifies that water rights easement holders may maintain,
repair, and improve their easement.

Plan of Action
Hearing Date
House SponsorsD. Valdez (D)
M. Catlin (R)
House CommitteeRural Affairs and Agriculture
Senate SponsorsD. Coram (R)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (05/30/2019)

Bill: HB19-1117
Title: Regulation Of Professions And Occupations Reform
StatusHouse Committee on Business Affairs & Labor Postpone Indefinitely (02/13/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor-Short Life

Priority Bill
Reason for Position
Background
Official Summary

Current law requires the department of regulatory agencies to
analyze whether to begin or continue the regulation of a profession or
occupation based on several factors. The bill elaborates on these factors
and requires the department to find a present, significant, and
substantiated harm to consumers before recommending regulation. The

bill further requires the department to recommend only the least
restrictive regulation necessary to address the harm and sets guidelines for
recommended regulation.

Plan of Action
Hearing Date
House SponsorsS. Sandridge (R)
House CommitteeBusiness Affairs and Labor
Senate Sponsors
Senate Committee
Fiscal NotesFiscal Notes (06/12/2019)

Bill: HB19-1157
Title: Modify Specific Ownership Tax Rates
StatusHouse Committee on Transportation & Local Government Postpone Indefinitely (03/20/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor-Great idea but may be tabled

Priority Bill
Reason for Position
Background
Official 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.

Plan of Action
Hearing Date
House SponsorsL. Liston (R)
House CommitteeTransportation and Local Government
Senate Sponsors
Senate Committee
Fiscal NotesFiscal Notes (05/14/2019)

Bill: HB19-1189
Title: Wage Garnishment Reform
StatusGovernor Signed (05/20/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Under current law, the amount of an individual's disposable

earnings subject to garnishment is either 25% of the individual's
disposable earnings for a week or the amount an individual's disposable
earnings for a week exceed 30 times the state or federal minimum wage,
whichever is less. The bill changes the amount subject to garnishment
from 25% to 15% of the individual's disposable weekly earnings and from
30 times to 50 times the amount an individual's disposable earnings for
a week exceed the state or federal minimum wage. Currently, the cost of
court-ordered health insurance for a child provided by an individual is
deducted from the individual's disposable earnings subject to
garnishment. The bill also deducts from an individual's disposable
earnings subject to garnishment the cost of any health insurance that is
provided by the individual's employer and voluntarily withheld from the
individual's earnings.
The bill creates an exemption that would permit individuals to
prove that the amount of their pay subject to garnishment should be
further reduced or eliminated altogether if the individual can establish
that such reductions are necessary to support the individual or the
individual's family. The bill also requires clearer and more timely notice
to an individual whose wages are being garnished and gives the
individual more time after receiving the notice before garnishment starts.

Plan of Action
Hearing Date
House SponsorsM. Gray (D)
A. Valdez (D)
House CommitteeFinance
Senate SponsorsR. Fields (D)
J. Bridges (D)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (07/08/2019)

Bill: HB19-1199
Title: Colorado Clean Pass Act
StatusHouse Committee on Finance Postpone Indefinitely (04/15/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary
Plan of Action
Hearing Date
House SponsorsD. Valdez (D)
A. Valdez (D)
House CommitteeEnergy and Environment
Senate SponsorsB. Pettersen (D)
F. Winter (D)
Senate Committee
Fiscal NotesFiscal Notes (05/29/2019)

Bill: HB19-1200
Title: Reclaimed Domestic Wastewater Point Of Compliance
StatusGovernor Signed (04/04/2019)
Category

Water: Amy Schneider (CNGA Members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary
Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
House CommitteeRural Affairs and Agriculture
Senate SponsorsD. Coram (R)
J. Bridges (D)
Senate CommitteeLocal Government
Fiscal NotesFiscal Notes (06/10/2019)

Bill: HB19-1207
Title: Winter Conditions And Traction Control Requirements
StatusGovernor Signed (05/17/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Currently, a person is required to use certain traction-control
equipment, such as chains or snow-rated tires, when the Colorado
department of transportation restricts road use due to a winter storm. The
bill:
  • Allows for current technology and traction options;
  • Sets minimum standards for tires; and

  • Requires the traction equipment to be carried on I-70
between milepost 133 (Dotsero) and milepost 259
(Morrison) from September 1 through May 31 and used
when icy or snow-packed conditions are present.

Plan of Action
Hearing Date
House SponsorsD. Roberts (D)
House CommitteeTransportation and Local Government
Senate SponsorsB. Rankin (R)
K. Donovan (D)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (07/01/2019)

Bill: HB19-1210
Title: Local Government Minimum Wage
StatusGovernor Signed (05/28/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill allows a unit of local government to enact laws
establishing a minimum wage within its jurisdiction.

Plan of Action
Hearing Date
House SponsorsJ. Melton (D)
R. Galindo (D)
House CommitteeTransportation and Local Government
Senate SponsorsJ. Danielson (D)
D. Moreno (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (02/28/2019)

Bill: HB19-1218
Title: Loaned Water For Instream Flows To Improve Environment
StatusSenate Committee on Agriculture & Natural Resources Postpone Indefinitely (04/17/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Under current law, the Colorado water conservation board (board),
subject to procedural requirements established to prevent injury to water
rights or decreed conditional water rights, may use loaned water for

instream flows if the loaned water is used for preserving the natural
environment of a stream reach that is subject to a decreed instream flow
water right held by the board. The bill expands the number of years within
a 10-year period that a loan may be exercised from 3 years to 5 years and
allows a loan to be renewed for up to 2 additional 10-year periods.
The bill also expands the board's ability to use loaned water for
instream flows to allow loans to:
  • Improve the natural environment to a reasonable degree
pursuant to a decreed instream flow water right held by the
board; or
  • Preserve or improve the natural environment to a
reasonable degree for a stream reach for which the board
does not hold a decreed instream flow water right.
In considering whether to accept one of the new types of loans
authorized by the bill, the board must evaluate the proposed loan based
on a biological analysis performed by the division of parks and wildlife.
The board is required to promulgate rules regarding the necessary steps
for reviewing and accepting such a loan.

Plan of Action
Hearing Date
House SponsorsD. Roberts (D)
House CommitteeEnergy and Environment
Senate SponsorsK. Donovan (D)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (05/30/2019)

Bill: HB19-1227
Title: Prevailing Wage Working Group In Department of Personnel and Administration
StatusSenate Second Reading Laid Over to 05/04/2019 - No Amendments (04/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill requires the executive director of the department of
personnel or his or her designee, in coordination with the executive
director of the department of labor and employment or his or her

designee, to convene a prevailing wage working group to meet during the
interim following the first regular session of the seventy-second general
assembly to determine the most efficient and appropriate manner in which
to implement a prevailing wage requirement for state contracts. The bill
specifies the aspects of a potential prevailing wage requirement that the
working group is required to consider.
The prevailing wage working group is required to solicit input
from subject matter experts during the course of its work and is required
to submit to the general assembly its recommendations for the most
efficient and appropriate manner in which to implement a prevailing wage
requirement for state contracts.

Plan of Action
Hearing Date
House SponsorsA. Benavidez (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsP. Lee (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (05/15/2019)

Bill: HB19-1240
Title: Sales And Use Tax Administration
StatusGovernor Signed (05/23/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill:
  • Establishes economic nexus for purposes of retail sales
made by retailers without physical presence and specifies
that the economic nexus does not apply for sales made by
such retailers prior to June 1, 2019;
  • Codifies the department of revenue's destination sourcing
rule for state sales tax collection, for sales taxes imposed by
any statutory incorporated town, city, or county, and for
special districts, but specifies that a small retailer may
source its sales to the business' location regardless of where
the purchaser receives the tangible personal property or
service until a geographic information system provided by
the state is online and available for the retailer to determine
the taxing jurisdiction in which an address resides;
  • Requires marketplace facilitators to collect and remit sales
tax on behalf of marketplace sellers that enter into a
contract with a marketplace facilitator that facilitates the
sale of the marketplace seller's tangible personal property,
commodities, or services through the marketplace
facilitator's marketplace and also:
  • Allows marketplace facilitators to retain the vendor
fee for the collection and remittance of the sales tax
on sales made by marketplace sellers on its
marketplace;
  • Provides the marketplace facilitator with audit relief
if the marketplace facilitator can demonstrate to the
satisfaction of the executive director of the
department of revenue that it made a reasonable
effort to obtain accurate information regarding the
obligation to collect tax from the marketplace seller;
and
  • Specifies that the marketplace seller does not have
the liabilities, obligations, and rights of a retailer if
the marketplace facilitator is required to collect and
remit sales tax on its behalf, including licensing,
collection, and remittance requirements; and
  • Repeals outdated references to remote sales and remote
sellers that were added pursuant to House Bill 13-1295 but
are not applicable because Congress never enacted an act
that authorizes states to require certain retailers to pay,
collect, or remit state or local sales taxes.
1

Plan of Action
Hearing Date
House SponsorsT. Kraft-Tharp (D)
K. Van Winkle (R)
House CommitteeBusiness Affairs and Labor
Senate SponsorsL. Court (D)
J. Tate (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/05/2019)

Bill: HB19-1245
Title: Affordable Housing Funding From Vendor Fee Changes
StatusGovernor Signed (05/17/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The state treasurer is required to credit an amount equal to the
increase in sales taxes attributable to the vendor fee changes that result

from the bill to the housing development grant fund, which the division
of housing in the department of local affairs (division) uses to make
grants and loans to improve, preserve, or expand the supply of affordable
housing in the state. The division is required to annually award at least
1/3 of this money for affordable housing projects for households whose
annual income is less than or equal to 30% of the area median income.
The increase in sales taxes attributable to the vendor fee changes
that result from the bill are excluded from the definition of state sales tax
increment revenue for purposes of the Colorado Regional Tourism Act
so that the increase is payable to the state and not an applicable financing
entity.
A retailer who collects state sales tax is currently allowed to retain
3 1/3% of the state sales taxes collected as compensation for the retailer's
expenses incurred in collecting and remitting the tax (vendor fee).
Beginning January 1, 2020, the bill increases the vendor fee to 4% and
establishes a $1,000 monthly cap on the vendor fee. This limit applies
regardless of the number of the retailer's locations. A vendor with
multiple locations is required to register all locations under one account
with the department of revenue. The changes to the state vendor fee do
not apply to a local government that imposes a sales tax and permits a
vendor fee that is based on the state's vendor fee.
The sales and use tax revenue that is deposited in the housing
development grant fund for the state fiscal year 2019-20 is reduced by a
specified amount to cover the department of revenue's expenses to make
the IT changes necessary to implement the bill, which results in a
corresponding increase in the general fund. In turn, this amount is
appropriated from the general fund to the department of revenue for this
purpose.

Plan of Action
Hearing Date
House SponsorsM. Weissman (D)
House CommitteeFinance
Senate SponsorsM. Foote (D)
J. Gonzales (D)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/21/2019)

Bill: HB19-1257
Title: Voter Approval To Retain Revenue For Ed & Transp
StatusSigned by the President of the Senate (05/14/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Beginning with the 2018-19 fiscal year, the bill authorizes the state

to annually retain and spend all state revenues in excess of the
constitutional limitation on state fiscal year spending that the state would
otherwise be required to refund. The bill is a referendum that will be
submitted to the voters at the statewide election held on November 5,
2019, and approval of the ballot title at the election constitutes a
voter-approved revenue change to the constitutional limitation on state
fiscal year spending.
If approved, an amount of money equal to the state revenues
retained under this measure is designated as part of the general fund
exempt account. The general assembly is required to appropriate or the
state treasurer is required to transfer this money to provide funding for:
  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.
Legislative council staff will be required to specify this retained
amount and its associated uses in an annual report that it currently
prepares related to revenue retained and spent under referendum C. In
addition, the state auditor is required to contract with a private entity to
annually conduct a financial audit regarding the use of the money that the
state retains and spends under this measure.

Plan of Action
Hearing Date
House SponsorsK. Becker (D)
J. McCluskie (D)
House CommitteeFinance
Senate SponsorsL. Court (D)
K. Priola (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (06/18/2019)

Bill: HB19-1258
Title: Allocate Voter-approved Revenue For Education & Transportation
StatusGovernor Signed (06/03/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill is contingent on voters approving a related referred
measure to annually retain and spend state revenues in excess of the
constitutional spending limit. If the measure passes, in years when the
state retains and spends revenue under the authority of the measure there
will be additional revenue in the general fund exempt account (account).

Section 1 of the bill requires 1/3 of this money in the account to be
allocated to each of the purposes approved by voters, which are:
  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.
The general assembly is required to appropriate the money for public
schools and higher education for the state fiscal year after the state retains
the revenue under the authority of the voter-approved revenue change,
with an exception for the state fiscal year 2018-19. The money
appropriated for public schools must be distributed on a per pupil basis
and used by public schools only for nonrecurring expenses for the
purpose of improving classrooms, and it may not be used as part of a
district reserve.
The state treasurer is required to transfer the remaining 1/3 of the
money to the highway users tax fund (HUTF) after the state treasurer
receives a report certifying the state's TABOR revenues (report). Section
3
clarifies that the report must include the money that the state keeps and
spends as a result of the 2019 measure, and that this amount must be
reported separately from the referendum C money in the account.
Under section 4 the money the state treasurer transfers to the
HUTF is allocated 60% to the state highway fund, 22% to counties, and
18% to cities and incorporated towns. Under section 5 no more than 90%
of the money allocated to the state highway fund may be expended for
highway purposes or highway-related capital improvements and at least
10% must be expended for transit purposes or for transit-related capital
improvements.
Section 2 includes a conforming amendment to ensure that the
allocation for the referendum C money does not apply to any new revenue
in the account as a result of the 2019 voter approval.

Plan of Action
Hearing Date
House SponsorsK. Becker (D)
J. McCluskie (D)
House CommitteeFinance
Senate SponsorsL. Court (D)
K. Priola (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (06/18/2019)

Bill: HB19-1260
Title: Building Energy Codes
StatusGovernor Signed (05/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill requires local jurisdictions to adopt one of the 3 most
recent versions of the international energy conservation code at a
minimum, upon updating any other building code, and encourages local
jurisdictions to update the Colorado energy office on any changes to the
jurisdictions' building and energy codes.

Plan of Action
Hearing Date
House SponsorsA. Valdez (D)
C. Kipp (D)
House CommitteeEnergy and Environment
Senate SponsorsK. Priola (R)
F. Winter (D)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (07/15/2019)

Bill: HB19-1261
Title: Climate Action Plan To Reduce Pollution
StatusGovernor Signed (05/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Section 1 of the bill states that Colorado shall have statewide goals
to reduce 2025 greenhouse gas emissions by at least 26%, 2030
greenhouse gas emissions by at least 50%, and 2050 greenhouse gas
emissions by at least 90% of the levels of greenhouse gas emissions that
existed in 2005.

Section 3 specifies considerations that the air quality control
commission is to take into account in implementing policies and
promulgating rules to reduce greenhouse gas pollution, including the
benefits of compliance and the equitable distribution of those benefits, the
costs of compliance, opportunities to incentivize clean energy in
transitioning communities, and the potential to enhance the resilience of
Colorado's communities and natural resources to climate impacts. The
commission will consult with the public utilities commission with regard
to rules that affect the providers of retail electricity in Colorado.

Plan of Action
Hearing Date
House SponsorsK. Becker (D)
D. Jackson (D)
House CommitteeEnergy and Environment
Senate SponsorsF. Winter (D)
A. Williams (D)
Senate CommitteeState, Veterans and Military Affairs
Fiscal NotesFiscal Notes (04/02/2019)

Bill: HB19-1267
Title: Penalties For Failure To Pay Wages
StatusGovernor Signed (05/16/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Under existing law, an employer who willfully refuses to pay a
wage claim, or falsely denies the amount of a wage claim, or the validity
thereof, or that the same is due, with intent to secure any discount or

underpayment of such unpaid wage or with intent to annoy, harass,
oppress, hinder, delay, or defraud the person who is owed wages (wage
theft), is guilty of a misdemeanor.
The bill prohibits wage theft with the intent to coerce a person who
is owed wages. The bill defines wage theft as theft, which is a felony
when the theft is of an amount greater than $2,000.
The bill removes the exemption from criminal penalties for an
employer who is unable to pay wages or compensation because of a
chapter 7 bankruptcy action or other court action resulting in the
employer having limited control over his or her assets. The bill includes
in the definition of employee any person who performs work that is an
integral part of the employer's business and includes in the definition of
employer foreign labor contractors, officers or agents of an employer
entity, and any person acting directly or indirectly in the interest of an
employer in relation to an employee.
Under existing law, an employer who pays an employee a wage
less than the minimum wage is guilty of a misdemeanor. Under the bill,
a person who willfully pays a wage less than the minimum commits theft,
which is a felony when the theft is of an amount greater than $2,000.

Plan of Action
Hearing Date
House SponsorsJ. Singer (D)
M. Froelich (D)
House CommitteeJudiciary
Senate SponsorsJ. Danielson (D)
R. Rodriguez (D)
Senate CommitteeHealth and Human Services
Fiscal NotesFiscal Notes (06/17/2019)

Bill: HB19-1271
Title: Augmention Of Instream Flows
StatusSenate Committee on Agriculture & Natural Resources Postpone Indefinitely (04/17/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill clarifies that the Colorado water conservation board may
augment stream flows to preserve or improve the natural environment to
a reasonable degree by use of an acquired water right that has been

previously quantified and changed to include augmentation use, without
a further change of the water right being required.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
House CommitteeRural Affairs and Agriculture
Senate SponsorsD. Coram (R)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (08/12/2019)

Bill: HB19-1289
Title: Consumer Protection Act
StatusGovernor Signed (05/23/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill:
  • Adds recklessly as a culpable mental state for certain

violations of the Colorado Consumer Protection Act
(Act) so that a person violates certain provisions of the Act
by acting knowingly or recklessly;
  • Increases the potential penalty for a violation of the Act
brought by the attorney general or a district attorney from
$2,000 to $20,000 per violation and from $10,000 to
$50,000 per violation committed against an elderly person;
  • Specifies the calculation of potential damage awards in a
private civil action for violations of the Act; and
  • Specifies certain terms that are prohibited in standard form
contracts.

Plan of Action
Hearing Date
House SponsorsM. Weissman (D)
House CommitteeJudiciary
Senate SponsorsM. Foote (D)
J. Gonzales (D)
Senate CommitteeJudiciary
Fiscal NotesFiscal Notes (04/08/2019)

Bill: HB19-1293
Title: Government Youth Apprenticeship Program Stipends
StatusHouse Committee on Business Affairs & Labor Postpone Indefinitely (04/17/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill creates the government youth apprenticeship stipend
program (program) in the state work force development council (council)
to provide grants to certain nonprofit organizations to enable the
nonprofit organizations to provide stipends to governmental entities that
offer government youth apprenticeships. The bill specifies that

governmental entities include the state and any state agency or institution,
including the judicial and legislative departments, a county, city and
county, incorporated city or town, school district, special improvement
district, and authority.
The bill specifies the dates by which a nonprofit organization must
apply to the council for grant money and dates by which the council is
required to award and distribute the grants to one or more nonprofit
organizations. The nonprofit organizations that receive a grant are
required to use the grant money to distribute stipends to governmental
entities that apply for the stipend.
The bill specifies limitations on the amount of the stipend that may
be provided to a governmental entity for a single government youth
apprenticeship. The bill also specifies limitations on the number of
stipends that may be provided to a single governmental entity in any
calendar year. In addition, the bill specifies that a nonprofit organization
that receives grant money is required to use at least 20% of the total
amount awarded to provide stipends to governmental entities located in
a rural area.
A governmental entity must apply to a nonprofit organization that
received a grant to receive a stipend for its government youth
apprenticeship. To be eligible to receive a stipend, a governmental entity
is required to satisfy certain specified criteria, including the contribution
of at least $2,000 toward the costs of a government youth apprenticeship.
A governmental entity that receives a stipend is required to use the money
from the stipend, as well as the $2,000 that the governmental entity
contributes to the government youth apprenticeship, only for certain
specified purposes.
The bill creates the government youth apprenticeship stipend fund
(fund) in the state treasury and requires the state treasurer to transfer $2
million from the general fund to the fund in the 2019-20, 2020-21, and
2021-22 state fiscal years.
The council is required to submit an annual report on the program
as part of the Colorado talent pipeline report that is prepared and
submitted to the governor and the general assembly.

Plan of Action
Hearing Date
House SponsorsB. Buentello (D)
A. Garnett (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsJ. Bridges (D)
B. Rankin (R)
Senate Committee
Fiscal NotesFiscal Notes (05/22/2019)

Bill: HB19-1294
Title: Transfer Apprenticeship Credit To College Credit
StatusGovernor Signed (05/28/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill requires the chief administrative officer of the Colorado

community college system, or his or her designee, to convene a working
group to determine the most efficient and appropriate manner in which to
facilitate the transfer of earned construction industry registered
apprenticeship program credit to college credit. If possible, the chief
administrative officer shall include representatives from varying
community colleges, area technical schools, local district colleges,
relevant 4-year institutions that grant bachelor degrees, applicable union
and non-union labor organizations, and other interested parties. The
working group is required to meet during the interim following the first
regular session of the seventy-second general assembly. The bill specifies
issues in connection with the transfer of earned construction industry
registered apprenticeship program credits to college credit that the
working group is required to consider.
The working group is required to solicit input from subject matter
experts, including, but not necessarily limited to, labor organizations,
community college administrators, and people who are in or have
completed registered apprenticeship programs. The working group is also
required to submit to the general assembly its recommendations for the
most efficient and appropriate manner in which to facilitate the transfer
of earned construction industry registered apprenticeship program credits
to college credit, including any recommendations for necessary
legislation.

Plan of Action
Hearing Date
House SponsorsA. Benavidez (D)
S. Jaquez Lewis (D)
House CommitteeEducation
Senate SponsorsT. Story (D)
Senate CommitteeAppropriations
Fiscal NotesFiscal Notes (07/30/2019)

Bill: HB19-1329
Title: Wholesale Sales Agricultural Fertilizer Tax Exempt
StatusGovernor Signed (05/23/2019)
Category
Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Wholesale sales are not subject to sales and use taxes. The bill
includes sales of fertilizer used in the production of agricultural and
livestock products in the definition of wholesale sales for sales and use
tax purposes.
The bill further specifies that, for purposes of defining a wholesale

sale, spray adjuvants may be sold for use in the production of agricultural
and livestock products.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
H. McKean (R)
House CommitteeFinance
Senate SponsorsJ. Sonnenberg (R)
L. Garcia (D)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/05/2019)

Bill: HB19-HJR1005
Title: Water Projects Eligibility Lists
StatusGovernor Signed (02/20/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

CONCERNING WATER PROJECTS ELIGIBILITY LISTS.

Plan of Action
Hearing Date
House SponsorsD. Roberts (D)
House CommitteeRural Affairs and Agriculture
Senate SponsorsK. Donovan (D)
Senate CommitteeAgriculture and Natural Resources
Fiscal Notes 

Bill: SB19-006
Title: Electronic Sales And Use Tax Simplification System
StatusGovernor Signed (04/12/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position

Support

Priority Bill

Priotity Bill

Reason for Position
Background
Official Summary

Sales and Use Tax Simplification Task Force. The bill requires
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 department to involve stakeholders to develop the scope
of work.
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.

Plan of Action
Hearing Date
House SponsorsT. Kraft-Tharp (D)
K. Van Winkle (R)
House CommitteeFinance
Senate SponsorsA. Williams (D)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/05/2019)

Bill: SB19-024
Title: Taxes Paid By Electronic Funds Transfers
StatusGovernor Signed (03/11/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

Statutory Revision Committee. The bill authorizes the executive
director of the department of revenue (director) to require the remittance
of severance taxes electronically and allows the department to promulgate
rules governing such electronic payment.
The bill authorizes the director to require a taxpayer to remit sales
taxes by electronic funds transfers at an earlier hour on the deadline day

for making a return and paying the taxes due than taxpayers who remit
sales taxes by other means.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
E. Hooton (D)
House CommitteeEnergy and Environment
Senate SponsorsJ. Tate (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (05/09/2019)

Bill: SB19-051
Title: Increase General Fund Funding For Transportation
StatusSenate Committee on Transportation & Energy Postpone Indefinitely (04/25/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

Current law, enacted in Senate Bill 18-001, requires the state
treasurer to transfer, on July 1, 2019, a total amount of $150 million from
the general fund to fund transportation needs as follows:
  • $105 million (70%) to the state highway fund;
  • $22.5 million (15%) to the highway users tax fund for
allocation in equal shares to counties and municipalities;

and
  • $22.5 million (15%) to the multimodal transportation
options fund.
The bill increases the total amount of the July 1, 2019, transfer to
$340 million so that the amount of the individual transfer to the
multimodal transportation options fund is unchanged and the individual
transfers to the state highway fund and the highway users tax fund are
increased to the following amounts:
  • $266.5 million (78.38%) to the state highway fund;
  • $51 million (15%) to the highway users tax fund for
allocation in equal shares to counties and municipalities;
and
  • $22.5 million (6.62%) to the multimodal transportation
options fund.

Plan of Action
Hearing Date
House Sponsors
House Committee
Senate SponsorsR. Scott (R)
J. Cooke (R)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (05/31/2019)

Bill: SB19-077
Title: Electric Motor Vehicles Public Utility Services
StatusGovernor Signed (05/31/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official 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.

Plan of Action
Hearing Date
House SponsorsC. Hansen (D)
House CommitteeTransportation and Local Government
Senate SponsorsK. Priola (R)
A. Williams (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (08/13/2019)

Bill: SB19-085
Title: Equal Pay For Equal Work Act
StatusGovernor Signed (05/22/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Oppose

Priority Bill

Priority Bill

Reason for Position
Background
Official 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.

Plan of Action
Hearing Date
House SponsorsJ. Buckner (D)
S. Gonzales-Gutierrez (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsB. Pettersen (D)
J. Danielson (D)
Senate CommitteeJudiciary
Fiscal NotesFiscal Notes (06/25/2019)

Bill: SB19-101
Title: Prerequisites For Construction Of Managed Lanes
StatusSenate Committee on Transportation & Energy Postpone Indefinitely (02/26/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill prohibits the department of transportation (CDOT) or any
enterprise of CDOT from constructing or designating a managed lane on
a state highway unless:
  • CDOT or the enterprise, taking safety, productivity, and
public cost considerations into account, considering
multiple highway configuration options and both managed

lane options that include tolling and managed lane options
that do not include tolling, and balancing any safety
impacts against the productivity and other benefits of
capacity expansion and congestion relief, has thoroughly
evaluated specified alternative means of increasing the
capacity of and reducing traffic congestion on the state
highway;
  • CDOT or the enterprise has published detailed written,
data-based findings that clearly establish that when
compared to the addition of one or more managed lanes all
of the alternatives evaluated are unfeasible or too unsafe to
be implemented or would not provide adequate capacity
expansion and congestion relief; and
  • CDOT has complied with new requirements of the bill that
it prepare and make readily available to the public on its
website a written report of the results of its public outreach
efforts relating to the managed lane and annually
summarize the report for the transportation and local
government committee of the house of representatives and
the transportation and energy committee of the senate.
Managed lane is defined to include a toll lane, a high occupancy toll
lane, or a high occupancy vehicle lane.

Plan of Action
Hearing Date
House SponsorsT. Carver (R)
House Committee
Senate SponsorsP. Lundeen (R)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (05/29/2019)

Bill: SB19-130
Title: Sales Tax Administration
StatusSenate Committee on Finance Postpone Indefinitely (02/12/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The United States Supreme Court, on June 21, 2018, decided
South Dakota v. Wayfair, Inc., et al., overruling 2 previous United States

Supreme Court cases that stood for the rule that a state could not require
an out-of-state retailer to collect sales tax if the retailer lacked physical
presence in the state. Because of the Wayfair decision, states can require
retailers without physical presence in the state to collect sales tax on
purchases made by in-state customers so long as the sales tax system in
the state is not too burdensome for the out-of-state retailer. The bill
simplifies the state sales tax system for retailers without physical presence
by:
  • Not requiring retailers without physical presence that only
transact limited business in Colorado to collect sales tax;
  • Specifying that only the state's sales tax base, not a local
sales tax base, will apply to all sales made by retailers
without physical presence;
  • Requiring that the department of revenue (department) be
responsible for all state and local sales tax administration
and return processing, including the establishment of a
single form for returns;
  • Specifying that a central audit bureau is the sole entity
within the state that is responsible for auditing retailers
without physical presence and specifying that the central
audit bureau be developed by the department in
coordination with local taxing jurisdictions;
  • Establishing that sales are taxed based on where the goods
are delivered (destination sourcing) for all sales made by
retailers without physical presence in the state, including
local taxing jurisdictions, but specifying that destination
sourcing is not required for sales made by Colorado
retailers;
  • Requiring the department to provide information to
retailers without physical presence that indicates the
taxability of products and services along with any product
and service exemptions from sales tax in the state;
  • Requiring the department to provide retailers without
physical presence a sales tax rate database and a database
of local taxing jurisdiction boundaries;
  • Requiring the department to make available free-of-charge
software that calculates sales taxes due on each transaction
at the time the transaction is completed, files sales tax
returns, and updates to reflect any tax rate changes for the
state or any local taxing jurisdiction;
  • Allowing the department to contract with one or more
certified software providers without regard to the
procurement code to provide the software or provide access
to the software;
  • Allowing a retailer to elect to collect and remit sales tax on
its own, without using the services of a certified software
provider, or allowing a retailer to elect to use the services
of a certified software provider;
  • Specifying that, in providing the software free of charge,
the contracts negotiated between the department and the
certified software providers must provide that all or a
portion of the vendor fee may not be retained by the retailer
electing to utilize the services of a certified software
provider but will instead be retained by the certified
software provider as payment for its services;
  • Requiring the department to establish certification
procedures for persons to be approved as certified software
providers; and
  • Providing the required relief of liability for errors to
retailers without physical presence and other retailers
utilizing the software.
The bill allows local taxing jurisdictions governed by a home rule
charter to opt in by passing an ordinance, resolution, or accepting the
state's administration and distribution of its local sales tax on sales made
by retailers without physical presence that is collected and remitted by
such sellers in accordance with the bill.

Plan of Action
Hearing Date
House SponsorsJ. Rich (R)
C. Larson (R)
House Committee
Senate SponsorsR. Gardner (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/01/2019)

Bill: SB19-131
Title: Exempt Certain Businesses From Destination Sourcing Rule
StatusSenate Committee on Finance Postpone Indefinitely (02/19/2019)
Category

Tax & Budget: Gene Pielin, Steve Steele

Bill Position

Strongly Monitor- Is this a part of another bill?

Priority Bill
Reason for Position
Background
Official Summary

On December 18, 2018, the department of revenue adopted various
emergency rules related to sales tax collection, including a new
destination sourcing rule that requires retailers to collect sales tax based
on where the tangible personal property or service will be delivered
instead of based on the taxing jurisdiction in which the retailer is located.

The bill specifies that the new destination sourcing rule does not
apply to any retailer with physical presence that has generated less than
$100,000 in gross revenue from the sale of tangible personal property or
services outside of the taxing jurisdiction where the retailer is located. For
those particular retailers with physical presence, the sale is sourced to the
retailer's location, regardless of whether the tangible personal property or
service is delivered outside of the taxing jurisdiction in which the retailer
is located. The bill also adds the same exception to the statutory retailer's
use tax collection requirement.

Plan of Action
Hearing Date
House SponsorsK. Van Winkle (R)
J. Arndt (D)
House Committee
Senate SponsorsR. Woodward (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/01/2019)

Bill: SB19-135
Title: State Procurement Disparity Study
StatusGovernor Signed (05/31/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Need Position

Priority Bill
Reason for Position
Background
Official Summary


To ascertain whether disparities exist between the participation of
historically underutilized businesses and other businesses in the state
procurement system, the bill directs the department of personnel to
contract for a disparity study of the Colorado procurement process and to
make recommendations to address any discrepancies identified by the
study.
The final report including the findings and recommendations from
the study must be provided to the members of the general assembly and
the executive director of the department of personnel (executive director)
no later than December 1, 2020. The bill directs the executive director to
transmit a copy of the final report to the minority business office, which
shall post the report on its official website. In addition, the executive
director is required to include the findings and recommendations from the
study in its report to the applicable house and senate committees of
reference during its hearing pursuant to the State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act.
The executive director is required to develop a method to track the
number and percentage of all contracts entered into by all principal
departments of the executive branch of state government, institutions of
higher education, and the Colorado commission on higher education that
are awarded during any calendar year to a historically underutilized
business. The executive director is also required to make such
information available on the department of personnel's website.
Any entity that is subject to the disparity study is required to
respond to a request for information in connection with the study as soon
as possible after receiving the request.

Plan of Action
Hearing Date
House SponsorsJ. Buckner (D)
B. Buentello (D)
House CommitteeJudiciary
Senate SponsorsR. Rodriguez (D)
A. Williams (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (04/17/2019)

Bill: SB19-138
Title: Bond Requirements For Public Projects Using Private Financing
StatusGovernor Signed (04/16/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

Under current law, when a person, company, firm, corporation, or
contractor (contractor) enters into a contract with a county, municipality,
school district, or, in some instances, any other political subdivision of the
state to perform work in connection with a project that has specified
characteristics, the contractor is required to execute performance bonds
and payment bonds.

The bill specifies that these bonding requirements apply to all
construction contracts situated or located on public real property using
public or private money or public or private financing.

Plan of Action
Hearing Date
House SponsorsS. Bird (D)
House CommitteeFinance
Senate SponsorsK. Priola (R)
F. Winter (D)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (06/13/2019)

Bill: SB19-169
Title: Project Management Competencies For Certain Contracts
StatusGovernor Vetoed (05/31/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Section 1: Currently, the office of state planning and budgeting is
required to prepare the forms and instructions to be used in preparation
of all budget requests and supplemental budget requests submitted to the
joint technology committee (JTC). For a budget request for a major
information technology project (major IT project) submitted to the JTC
for funding in the 2020-2021 state fiscal year or any state fiscal year

thereafter, the bill requires the forms and instructions to include the
submission of a written business case specifying certain information
about the major IT project.
Section 2: Beginning July 1, 2019, if a governmental body enters
into a contract pursuant to the Procurement Code that is reasonably
expected to cost at least $1 million and that requires the contractor or any
subcontractor to perform work on a computer, then the governmental
body shall ensure that the contract requires the contractor to use qualified
software to verify that the hours billed on the contract are valid and fulfill
the purpose of the contract. The governmental body shall also ensure that
the contract specifies that the governmental body will not pay the
contractor for hours worked on a computer unless the hours can be
verified by the use of qualified software.
A contractor required to use qualified software pursuant to a
contract with a governmental body is required to store, or contract with
another entity to store, data collected by the qualified software for 7 years
after the governmental body has paid the contractor for work performed
pursuant to the contract. The contractor is required to retrieve data upon
request of the governmental body in the format requested by the
governmental body.
A governmental body is prohibited from paying a contractor's costs
associated with the contractor's use of qualified software and is prohibited
from paying a contractor for retrieval of data collected by the qualified
software.
Section 3: For budget requests for a major IT project submitted to
the JTC for funding in the 2020-2021 state fiscal year or any state fiscal
year thereafter, a governmental body is required to provide for a change
management plan, including specified information and the resources
necessary for the execution of the change management plan.
Governmental bodies are required to seek best practices with private- or
public-sector experts when appropriate to develop and implement change
management plans and are required to provide written change
management plans to the JTC and the office of state planning and
budgeting.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
B. Titone (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsJ. Tate (R)
J. Bridges (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (08/14/2019)

Bill: SB19-171
Title: Apprenticeships And Vocational Technical Training
StatusGovernor Signed (05/28/2019)
Category

Education: Dan Defibaugh

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill requires the Colorado department of labor and
employment (department) to create the Colorado state apprenticeship
resource directory. The department is required to collect detailed
information on each apprenticeship program in the state, including the
application process, requirements for enrollment, costs, and program
outcomes. The department is required to promote the availability of the

directory.

Plan of Action
Hearing Date
House SponsorsT. Sullivan (D)
R. Galindo (D)
House CommitteeEducation
Senate SponsorsJ. Danielson (D)
J. Bridges (D)
Senate CommitteeEducation
Fiscal NotesFiscal Notes (07/10/2019)

Bill: SB19-181
Title: Protect Public Welfare Oil And Gas Operations
StatusGovernor Signed (04/16/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary
Plan of Action
Hearing Date
House SponsorsK. Becker (D)
Y. Caraveo (D)
House CommitteeEnergy and Environment
Senate SponsorsM. Foote (D)
S. Fenberg (D)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (03/26/2019)

Bill: SB19-184
Title: Authority Colorado Water Institute Study Blockchain Technology
StatusSenate Committee on Agriculture & Natural Resources Postpone Indefinitely (03/21/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill directs the Colorado water institute at Colorado state
university to:
  • Study the potential uses of blockchain technology to
manage a database of water rights, to facilitate the
establishment or operation of water markets or water

banks, and for any other useful purpose in the
administration of the institute's powers and duties; and
  • Report the results to the general assembly.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
M. Catlin (R)
House Committee
Senate SponsorsJ. Tate (R)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (05/28/2019)

Bill: SB19-186
Title: Expand Agricultural Chemical Management Program Protect Surface Water
StatusGovernor Signed (06/03/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary
Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
M. Catlin (R)
House CommitteeRural Affairs and Agriculture
Senate SponsorsD. Coram (R)
K. Donovan (D)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (04/02/2019)

Bill: SB19-188
Title: FAMLI Family Medical Leave Insurance Program
StatusGovernor Signed (05/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill creates the family and medical leave insurance (FAMLI)
program and 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;

  • Because the eligible individual is unable to work due to the
individual's own serious health condition or because the
individual or a family member is the victim of abusive
behavior; or
  • Due to certain needs arising from a family member's active
duty service.
Each employee and employer in the state will pay one-half the cost
of a premium as specified in the bill, which premium is based on a
percentage of the employee's yearly wages. The premiums are deposited
into the family and medical leave insurance fund, and family and medical
leave benefits are paid to eligible individuals from 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).

Plan of Action
Hearing Date
House SponsorsM. Gray (D)
M. Duran (D)
House CommitteeFinance
Senate SponsorsA. Williams (D)
F. Winter (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (04/26/2019)

Bill: SB19-196
Title: Colorado Quality Apprenticeship Training Act Of 2019
StatusGovernor Signed (05/28/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill modifies procurement requirements for state contracts for
public projects. The bill makes the following changes:
Invitation for bids: Currently, all construction contracts for public
projects that do not receive federal money may be solicited by invitation
for bids. The bill specifies that only a construction contract for a public
project that is reasonably expected to cost $1 million or less may be

solicited by invitation for bids.
Competitive sealed best value bids: Currently, all construction
contracts for public projects that do not receive federal money may be
awarded by competitive sealed best value bidding. The bill specifies that,
unless prohibited by federal law, a construction contract for a public
project that is reasonably expected to cost over $1 million is required to
be awarded through competitive sealed best value bidding or integrated
project delivery, and a construction contract for a public project that is
reasonably expected to cost $1 million or less may be awarded through
competitive sealed best value bidding or integrated project delivery.
Current law specifies the evaluation factors that are required to be
included in an invitation for competitive sealed best value bids for a
public project. The bill adds several required evaluation factors including
the craft labor staffing plan for the project for the bidder and the bidder's
subcontractors, the anticipated utilization by the bidder and its
subcontractors of apprentices registered with federal or state
apprenticeship agencies to complete the work under the contract, and the
safety plan and safety record of the bidder and the bidder's subcontractors.
Disclosure of subcontractors: The bill requires any contractor
that responds to a competitive solicitation for a public project to disclose,
in its initial bid or proposal, the top 5 subcontractor disciplines it plans to
use to fulfill the requirements of the contract. The bill specifies how the
top 5 subcontractor disciplines are measured and requires contractors to
disclose subcontractors for the mechanical, electrical, and plumbing
requirements of the contract, even if they are not included in the top 5
disciplines.
Apprenticeship utilization requirements: The general contractor
for a public project financed in whole or in part by state money in the
amount of $1 million or more is required to submit, prior to the contract
award, documentation to the contracting agency that certifies that all
subcontractors used on the project participate in apprenticeship training
programs that have been approved by a federal or state apprenticeship
agency and have a proven record of graduating apprentices for at least 3
of the past 5 years. The contractor is required to provide specified
supporting documentation to the contracting agency and the agency is
required to make the documentation available to the public on its website.
A contractor that plans to submit a bid for a public project may request a
waiver of the apprenticeship requirements and the contracting agency is
required make public all waivers and the specific rationale for granting
the waiver.
Integrated project delivery: Current law specifies that integrated
project delivery is a project delivery method in which there is a
contractual agreement between an agency and a single participating entity
for the design, construction, alteration, operation, repair, improvement,
demolition, maintenance, or financing, or any combination of these
services, for a public project. The bill adds additional evaluation factors
that a contracting agency is required to use to evaluate proposals and the
capabilities of participating entities. The additional factors include
information about past performance and experience of the bidder, the
bidder's project management plan for the contract, the bidder's staffing
plan, the bidder's safety plan and safety record, the bidder's job standards,
and the availability and use of domestically produced iron, steel, and
related manufactured goods to execute the contract.

Plan of Action
Hearing Date
House SponsorsA. Garnett (D)
M. Duran (D)
House CommitteeState, Veterans, and Military Affairs
Senate SponsorsP. Lee (D)
J. Danielson (D)
Senate CommitteeState, Veterans and Military Affairs
Fiscal NotesFiscal Notes (07/29/2019)

Bill: SB19-212
Title: Appropriation General Fund Implement State Water Plan
StatusGovernor Signed (04/17/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Joint Budget Committee. Section 1 of the bill:
  • Creates the water plan implementation grant program
(program); and
  • Specifies criteria for expenditures by the Colorado water
conservation board (board) for the program.

Section 5:
  • Appropriates $8.3 million from the general fund to the
department of natural resources (department) for use by the
board to finance grants; and
  • Appropriates $1.7 million from the general fund to the
department for use by the board for stakeholder outreach
and technical analysis to develop a water resources demand
management program.

Plan of Action
Hearing Date
House SponsorsD. Esgar (D)
House CommitteeAppropriations
Senate SponsorsB. Rankin (R)
Senate CommitteeAppropriations
Fiscal NotesFiscal Notes (06/26/2019)

Bill: SB19-221
Title: CO Water Conservation Board Construction Fund Project
StatusGovernor Signed (06/03/2019)
Category

Water: Amy Schneider (CNGA members) & RMSG

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill appropriates the following amounts from the Colorado
water conservation board (CWCB) construction fund (fund) to the CWCB
or the division of water resources in the department of natural resources
for the following projects:
  • Continuation of the satellite monitoring system operation

and maintenance, $380,000 (section 1 of the bill);
  • Continuation of the Colorado floodplain map
modernization program, $500,000 (section 2);
  • Continuation of the weather modification permitting
program, $175,000 (section 3);
  • Continuation of the Colorado Mesonet project, $150,000
(section 4);
  • Continuation of instream flow engineering support
services, $250,000 (section 5);
  • Acquisition of LIDAR data, $200,000 (section 6); and
  • Technical assistance grants for beneficiaries of the federal
Colorado River Storage Project Act, $200,000 (section
7
);
The state treasurer will make the following transfers from the
fund:
  • Up to $2,000,000 on July 1, 2019, to the litigation fund
(section 8); and
  • $2,500,000 on June 30, 2019, to the water supply reserve
fund (section 9).
Section 10 appropriates $17,500,000 from the fund to the CWCB
for continuing implementation of the state water plan as follows:
  • Up to $4,000,000 to support watershed health goals;
  • Up to $3,000,000 to facilitate the development of
additional storage, artificial recharge into aquifers, and
dredging existing reservoirs;
  • Up to $1,000,000 for agricultural projects;
  • Up to $1,000,000 for grant funding to implement long-term
strategies for conservation, land use, and drought planning;
  • Up to $500,000 for grants for water education, outreach,
and innovation efforts;
  • Up to $1,500,000 for environmental and recreational
projects;
  • Up to $1,000,000 to provide continued funding for the
alternative agricultural grant program; and
  • Up to $5,500,000 to fund updates to basin implementation
plans, improve basin data collection and metrics for
tracking state water plan implementation, and for use of the
data for future updates of the state water plan.
Section 11 authorizes the CWCB to make loans up to $15,150,000
from the fund for the Walker recharge project, a water supply retiming
effort that uses the alluvial aquifer of the South Platte river to increase
irrigation opportunities for agricultural production.
Current law:
  • Makes money appropriated for use in Republican river
matters available until June 30, 2019; section 12 extends
availability until the money is fully expended;
  • Authorizes and directs the state treasurer to transfer
$200,000 from the from the fund to the feasibility study
small grant fund; section 13 makes this an annual
obligation on July 1 of each year and increases the transfer
cap to $500,000 in order to restore the unencumbered
balance in the fund up to $500,000; and
  • Creates the flood and drought response fund; section 14
authorizes and directs the state treasurer to annually
transfer money on July 1 of each year from the fund to the
flood and drought response fund to restore the
unencumbered balance in the fund to $500,000.
Section 15 changes a continuing annual transfer established in
statute of $10 million from the severance tax perpetual base fund to the
fund for implementation of the state water plan to a single transfer of $10
million on July 1, 2019.

Plan of Action
Hearing Date
House SponsorsD. Roberts (D)
House CommitteeState, Veterans, and Military Affairs
Senate SponsorsK. Donovan (D)
Senate CommitteeAgriculture and Natural Resources
Fiscal NotesFiscal Notes (08/06/2019)

Bill: SB19-225
Title: Authorize Local Governments To Stabilize Rent
StatusSenate Second Reading Laid Over to 05/02/2019 - No Amendments (04/30/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill repeals existing statutory language prohibiting counties or
municipalities (local governments) from enacting any ordinance or
resolution that would control rent on either private residential property or
a private residential housing unit (collectively, private residential
property). The bill authorizes local governments to enact and enforce any
ordinance, resolution, agreement, deed restriction, or other measure that

would stabilize rent on private residential property.

Plan of Action
Hearing Date
House SponsorsS. Lontine (D)
S. Gonzales-Gutierrez (D)
House Committee
Senate SponsorsJ. Gonzales (D)
R. Rodriguez (D)
Senate CommitteeState, Veterans and Military Affairs
Fiscal NotesFiscal Notes (07/16/2019)

Bill: SB19-226
Title: Voluntary Housing Agreements Unincorporated Areas
StatusSenate Committee on Local Government Postpone Indefinitely (04/09/2019)
Category

Business Practices: Hunter White, Steve Steele, Cindy McCord, Troy Tinberg

Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill authorizes the board of county commissioners of any
county, by duly enacted ordinances, resolutions, or other forms of binding
law, to establish and create a program that implements voluntary housing
agreements within an unincorporated area of the county. The bill defines
voluntary housing agreement program to mean a program adopted by

a county government that enables agreements between the county and a
developer that increase the supply of housing stock within the county that
is priced as affordable for low- and moderate-income households.
Nothing in the bill is intended to challenge or affect the legal status
of any such program implemented and in effect prior to the effective date
of the bill.

Plan of Action
Hearing Date
House SponsorsY. Caraveo (D)
House Committee
Senate SponsorsF. Winter (D)
Senate CommitteeLocal Government
Fiscal NotesFiscal Notes (05/20/2019)

Bill: SB19-239
Title: Address Impacts Of Transportation Changes
StatusGovernor Signed (05/31/2019)
Category
Bill Position
Priority Bill
Reason for Position
Background
Official Summary

The bill requires the department of transportation (CDOT) to
convene and engage in robust consultation with a stakeholder group
comprised of representatives of specified industries, workers,
governmental entities, planning organizations, and interest groups that
will potentially be affected by the adoption of new and emerging
transportation technologies and business models. The stakeholder group
is required to:
  • Examine the economic, environmental, and transportation
system impacts of the adoption of new and emerging
transportation technologies and business models;
  • Identify potential means of addressing the impacts that
increase positive impacts and mitigate negative impacts;
and
  • Present to CDOT, no later than November 1, 2019, a report
of policy recommendations regarding the impacts examined
and means of addressing those impacts with funding from
the imposition of fees on the use of motor vehicles used for
commercial purposes, as defined by the bill. The report
must identify potential fees that are structured and
reasonably calculated to:
  • Avoid causing the state to incur new or additional
obligations to refund excess state revenue;
  • Generate sufficient revenue for the state and local
governments to mitigate specified impacts to the
transportation system;
  • Fund needed transportation infrastructure, including
multimodal infrastructure and the infrastructure
needed to support the adoption of zero-emissions
vehicles;
  • Defray the administrative costs of fee collection;
  • Incentivize the adoption of zero-emissions vehicles
for utilization as motor vehicles used for
commercial purposes; and
  • Incentivize multiple passenger ride sharing for
motor vehicles used for commercial purposes and
the use of such vehicles as a first and last mile
solution for users of public transit.
CDOT is required to report on the progress and policy
recommendations of the stakeholder group, CDOT's preliminary plans
and recommendations regarding the development and promulgation of
rules, and any recommendations that CDOT has regarding the need for
related legislation during its 2019 annual presentation to legislative
oversight committees required by the State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act.
No later than October 1, 2020, within any statutory parameters established
by the general assembly through legislation enacted during the 2020
legislative session, and giving strong consideration to the policy
recommendations report provided by the stakeholder group, CDOT is
required to promulgate rules to the extent necessary to effectively
implement the bill. If the general assembly does not impose fees on motor
vehicles used for commercial purposes through legislation enacted during
the 2020 legislative session and instead enacts legislation that authorizes
CDOT or any CDOT enterprise to impose such fees, the rules may
impose fees to the extent authorized by the legislation. During the 2020
legislative interim, CDOT must present a final written report regarding
the stakeholder group, rule-making processes, and rules promulgated to
the transportation legislation review committee.

Plan of Action
Hearing Date
House SponsorsM. Gray (D)
C. Hansen (D)
House CommitteeBusiness Affairs and Labor
Senate SponsorsF. Winter (D)
J. Bridges (D)
Senate CommitteeTransportation and Energy
Fiscal NotesFiscal Notes (07/18/2019)

Bill: SB19-262
Title: General Fund Transfer To Highway Users Tax Fund
StatusSenate Considered House Amendments - Result was to Concur - Repass (05/02/2019)
Category
Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Joint Budget Committee. The bill requires the state treasurer to
transfer $100 million from the general fund to the highway users tax fund
on July 1, 2019, for allocation to the state highway fund, counties, and
municipalities in accordance with the existing second stream allocation
formula, which allocates the money as follows:

  • 60% to the state highway fund;
  • 22% to counties; and
  • 18% to municipalities.

Plan of Action
Hearing Date
House SponsorsD. Esgar (D)
K. Ransom (R)
House CommitteeAppropriations
Senate SponsorsB. Rankin (R)
R. Zenzinger (D)
Senate CommitteeAppropriations
Fiscal NotesFiscal Notes (05/01/2019)

Bill: SB19-263
Title: Delay Referral Of TRANs Transportation Revenue Anticipation Notes Ballot Issue To 2020
StatusHouse Third Reading Passed - No Amendments (05/02/2019)
Category
Bill Position
Priority Bill
Reason for Position
Background
Official Summary

Current law, enacted by Senate Bill 18-001, requires that a ballot
issue seeking approval for the issuance of transportation revenue
anticipation notes (TRANs) be submitted to the voters of the state at the
November 2019 statewide election. If the ballot issue is approved, the
requirement, enacted by Senate Bill 17-267, that the state execute 3
separate tranches of up to $500 million each of lease-purchase agreements
in state fiscal years 2019-20, 2020-21, and 2021-22 for the purpose of
funding transportation will be repealed. The bill:
  • Delays the requirement that the ballot issue be submitted
for one year by requiring it to be submitted at the
November 2020 general election rather than the November
2019 statewide election;
  • Amends the ballot issue to reduce the amount of TRANs
authorized to be issued by $500 million to offset the
additional $500 million of lease-purchase agreement
transportation funding that becomes available because the
approval of the ballot issue at the November 2020 general
election will repeal only the 2 state fiscal year 2020-21 and
2021-22 tranches of lease-purchase agreements, rather than
the 3 state fiscal year 2019-20, 2020-21, and 2021-22
tranches of lease-purchase agreements; and
  • Extends from 20 to 21 years the period for which, as
enacted in Senate Bill 18-001, annual $50 million transfers
from the general fund to the state highway fund are
required.

Plan of Action
Hearing Date
House SponsorsC. Hansen (D)
M. Gray (D)
House CommitteeAppropriations
Senate SponsorsB. Rankin (R)
R. Zenzinger (D)
Senate CommitteeAppropriations
Fiscal NotesFiscal Notes (04/29/2019)
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