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Bill:
HB20-1002
|
Title: |
College Credit For Work Experience |
Position | Monitor | Status | Governor Signed (07/08/2020) | Category |
Education: Dan Defibaugh, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning a statewide plan for awarding college credit for work-related experience.
| Background | | Official Summary | Making Higher Education Attainable Interim Study
Committee. The bill requires an existing council charged with looking at general education courses (council) to implement a plan for determining and awarding academic credit for postsecondary education based on work-related experience.
Furthermore, state institutions of higher education (institutions) are
required to evaluate student learning from work-related experience and award appropriate academic credit for the experience. Also, institutions shall accept and transfer academic credit awarded for work-related experience as courses with guaranteed-transfer designation, unless the council creates a plan concerning awarding and transferring academic credit for work-related experience for courses with guaranteed-transfer designation.
| Hearing Date | | House Sponsors | B. McLachlan (D) M. Baisley (R) | House Committee | Education | Senate Sponsors | R. Zenzinger (D) T. Story (D) | Senate Committee | State, Veterans and Military Affairs | Fiscal Notes | Fiscal Notes (07/28/2020) |
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Bill:
HB20-1022
|
Title: |
Sales And Use Tax Simplification Task Force |
Position | Support | Status | Governor Signed (06/29/2020) | Category |
Tax & Budget: Gene Pielin, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the sales and use tax simplification task force, and, in connection therewith, extending the task force, modifying the task force's duties, and removing the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal.
| Background | | Official Summary | Sales and Use Tax Simplification Task Force. The bill continues
the sales and use tax simplification task force for 5 years, modifies the task force's duties, and removes the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal.
| Hearing Date | | House Sponsors | T. Kraft-Tharp (D) K. Van Winkle (R) | House Committee | Business Affairs and Labor | Senate Sponsors | A. Williams (D) J. Tate (R) | Senate Committee | Business, Labor and Technology | Fiscal Notes | Fiscal Notes (08/25/2020) |
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Bill:
HB20-1023
|
Title: |
State Address Data For Sales And Use Tax Collection |
Position | Support | Status | Sent to the Governor (03/10/2020) | Category |
Tax & Budget: Gene Pielin, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning certain address database systems used for sales and use tax collection.
| Background | | Official Summary | Sales and Use Tax Simplification Task Force. The bill:
Establishes a hold harmless provision for vendors who use the state's geographic information system database (GIS database) to determine the jurisdictions to which sales or use tax is owed and to calculate appropriate sales or use tax rates for individual addresses;
Requires the department of revenue to notify vendors when the GIS database is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use;
Requires the department of revenue to ensure that the GIS database data is at least 95% accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy;
Requires the executive director of the department of revenue to promulgate rules for the administration and use of the GIS database;
Specifies that the statutory section regarding certified address location databases used for collecting and remitting sales and use tax is repealed 90 days after the date that the revisor of statutes is notified by the department of revenue that a geographic information system that meets the defined scope of work set forth in the request for solicitation is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use; and
Requires the department of revenue to notify the revisor of statutes no later than 15 days after such a system is online, tested, and verified in writing by the department of revenue to be operational, supported, and available for use.
| Hearing Date | | House Sponsors | T. Kraft-Tharp (D) K. Van Winkle (R) | House Committee | Business Affairs and Labor | Senate Sponsors | A. Williams (D) J. Tate (R) | Senate Committee | Business, Labor and Technology | Fiscal Notes | Fiscal Notes (10/06/2020) |
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Bill:
HB20-1046
|
Title: |
Private Construction Contract Payment Requirements |
Position | Monitor | Status | House Committee on Business Affairs & Labor Postpone Indefinitely (02/18/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning payments in construction contracts governing improvements to private real property.
| Background | | Official Summary | In a construction contract of at least $150,000, the bill requires:
A property owner to make partial payments to the contractor of any amount due under the contract at the end of each calendar month or as soon as practicable after the end of the month;
A property owner to pay the contractor at least 95% of the
value of satisfactorily completed work;
A property owner to pay the withheld percentage within 60 days after the contract is completed satisfactorily;
A contractor to pay a subcontractor for work performed under a subcontract within 30 calendar days after receiving payment for the work, not including a withheld percentage not to exceed 5%;
A subcontractor to pay any supplier, subcontractor, or laborer who provided goods, materials, labor, or equipment to the subcontractor within 30 calendar days after receiving payment under the subcontract; and
A subcontractor to submit to the contractor a list of the suppliers, sub-subcontractors, and laborers who provided goods, materials, labor, or equipment to the subcontractor for the work.
The bill does not apply to contracts with public entities or to a
contract concerning one multi-family dwelling of no more than 4 units or one single-family dwelling. A person who fails to make a required payment must pay 1.5% interest per month until the debt is fully paid. In a lawsuit to enforce the bill, the prevailing party is awarded attorney fees and costs.
| Hearing Date | | House Sponsors | D. Valdez (D) | House Committee | Business Affairs and Labor | Senate Sponsors | J. Gonzales (D) | Senate Committee | | Fiscal Notes | Fiscal Notes (10/22/2020) |
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Bill:
HB20-1047
|
Title: |
Develop A Statewide Organics Management Plan |
Position | Monitor | Status | Senate Committee on Appropriations Postpone Indefinitely (06/13/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the development of a statewide organics management plan to promote compost use.
| Background | | Official Summary | Zero Waste and Recycling Interim Study Committee. The bill
tasks the executive director of the department of public health and environment (executive director) or the executive director's designee and the commissioner of agriculture (commissioner) or the commissioner's designee with developing an organics management plan (plan) on or before September 1, 2022. The department of public health and
environment may incorporate the plan into the department's existing work regarding organics management if its existing work meets the standards established for the organics management plan.
In developing the plan, the executive director and the
commissioner are required to study and make recommendations regarding organic waste management practices to encourage compost use on soil to promote carbon storage.
The executive director and the commissioner must also complete
2 statewide surveys as part of the plan, with one survey examining end uses for the major categories of organic waste feedstock generated within the state and the other survey examining existing organic waste generation facilities and processing capacity.
On or before February 1, 2023, the executive director, in
collaboration with the commissioner, shall submit a report summarizing the plan to the legislative committees with jurisdiction over energy or agricultural matters.
| Hearing Date | | House Sponsors | M. Froelich (D) L. Cutter (D) | House Committee | Energy and Environment | Senate Sponsors | K. Priola (R) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (08/07/2020) |
|
Bill:
HB20-1072
|
Title: |
Study Emerging Technologies For Water Management |
Position | Monitor | Status | Senate Committee on Agriculture & Natural Resources Postpone Indefinitely (05/27/2020) | Category |
Water: Will Knowles, Cheryl DeBaise, Kim Jewell
| Bill Position | | | | CCW Summary |
Concerning a requirement that the university of Colorado study potential uses of emerging technologies to more effectively manage Colorado's water supply, and, in connection therewith, making an appropriation, conditioned on the receipt of matching funds from gifts, grants, and donations.
| Background | | Official Summary | Water Resources Review Committee. The bill declares that new
technologies, such as blockchain, telemetry, improved sensors, and advanced aerial observation platforms, can improve monitoring, management, conservation, and trading of water and enhance confidence in the reliability of data underlying water rights transactions. To advance the potential use of these new technologies, the bill:
Authorizes and directs the university of Colorado, in collaboration with the Colorado water institute at Colorado state university, to conduct feasibility studies and pilot deployments of these new technologies to improve water management in Colorado; and
Appropriates $40,000 from the general fund, contingent on the university of Colorado's receipt of a matching $40,000 in gifts, grants, and donations, for the purpose of funding the studies and pilot programs.
| Hearing Date | | House Sponsors | L. Saine (R) J. Arndt (D) | House Committee | Rural Affairs and Agriculture | Senate Sponsors | J. Sonnenberg (R) J. Bridges (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (09/09/2020) |
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Bill:
HB20-1089
|
Title: |
Employee Protection Lawful Off-duty Activities |
Position | Oppose | Status | House Committee on Business Affairs & Labor Postpone Indefinitely (02/19/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning clarification that the prohibition on an employer terminating an employee for the employee's lawful off-duty activities extends to activities that are lawful under state law even if those activities are not lawful under federal law.
| Background | | Official Summary | The bill prohibits an employer from terminating an employee for
the employee's lawful off-duty activities that are lawful under state law
even if those activities are not lawful under federal law.
| Hearing Date | | House Sponsors | J. Melton (D) | House Committee | Business Affairs and Labor | Senate Sponsors | | Senate Committee | | Fiscal Notes | Fiscal Notes (05/01/2020) |
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Bill:
HB20-1093
|
Title: |
County Authority License And Regulate Business |
Position | Monitor | Status | Governor Signed (03/23/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning county authority to license and regulate a business.
| Background | | Official Summary | The bill grants a board of county commissioners the authority to
license and regulate any business located or business activity occurring within the county, including short-term lodging rentals or advertising for such rentals, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor.
| Hearing Date | | House Sponsors | J. Wilson (R) J. McCluskie (D) | House Committee | Transportation and Local Government | Senate Sponsors | B. Rankin (R) K. Donovan (D) | Senate Committee | Local Government | Fiscal Notes | Fiscal Notes (07/29/2020) |
|
Bill:
HB20-1094
|
Title: |
Repeal Fee Cap On-site Wastewater Treatment System |
Position | Monitor | Status | Governor Signed (03/11/2020) | Category |
Water: Will Knowles, Cheryl DeBaise, Kim Jewell
| Bill Position | | | | CCW Summary |
Concerning a repeal of the dollar limitation on the fee that a local board of health may set for on-site wastewater treatment system permits.
| Background | | Official Summary | Current law requires that a local board of health set the permit fee
for on-site wastewater treatment system permits in an amount to recover the actual indirect and direct costs associated with the permit and sets a $1,000 cap on the fee. The bill repeals the dollar limitation on the fee.
| Hearing Date | | House Sponsors | J. Arndt (D) M. Catlin (R) | House Committee | Rural Affairs and Agriculture | Senate Sponsors | D. Coram (R) J. Ginal (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (08/05/2020) |
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Bill:
HB20-1095
|
Title: |
Local Governments Water Elements In Master Plans |
Position | Monitor | Status | Governor Signed (03/24/2020) | Category |
Water: Will Knowles, Cheryl DeBaise, Kim Jewell
| Bill Position | | | | CCW Summary |
Concerning the authority of a local government's master plan to include policies to implement state water plan goals as a condition of development approvals.
| Background | | Official Summary | The bill authorizes a local government master plan to include goals
specified in the state water plan and to include policies that condition development approvals on implementation of those goals.
| Hearing Date | | House Sponsors | J. Arndt (D) | House Committee | Rural Affairs and Agriculture | Senate Sponsors | J. Bridges (D) C. Hansen (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (10/22/2020) |
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Bill:
HB20-1115
|
Title: |
Sales Tax Exemption For Farm Fencing Material |
Position | Monitor | Status | House Committee on Finance Postpone Indefinitely (05/28/2020) | Category |
Tax & Budget: Gene Pielin, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning a sales tax exemption for fencing material used in a farm operation.
| Background | | Official Summary | The bill creates a sales tax exemption for fencing material used in
a farm operation.
| Hearing Date | | House Sponsors | B. McLachlan (D) M. Catlin (R) | House Committee | Finance | Senate Sponsors | D. Coram (R) | Senate Committee | | Fiscal Notes | Fiscal Notes (10/08/2020) |
|
Bill:
HB20-1151
|
Title: |
Expand Authority For Regional Transportation Improvements |
Position | Monitor | Status | House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (06/16/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning the expansion of authority for regional transportation improvements.
| Background | | Official Summary | The bill authorizes a transportation planning organization (TPO)
to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding. Any additional transportation funding obtained by a TPO exercising the power of a RTA
are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.
| Hearing Date | | House Sponsors | M. Gray (D) | House Committee | Transportation and Local Government | Senate Sponsors | F. Winter (D) | Senate Committee | | Fiscal Notes | Fiscal Notes (07/09/2020) |
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Bill:
HB20-1154
|
Title: |
Workers' Compensation |
Position | Monitor | Status | House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (06/16/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the "Workers' Compensation Act of Colorado", and, in connection therewith, making changes that affect the timely payment of benefits, guardian and conservator services, offsets related to the receipt of federal disability or retirement benefits, the apportionment of benefits, the selection of independent medical examiners, limits on temporary disability and permanent partial disability payments, the withdrawal of admissions of liability, mileage expense reimbursement, the authority of prehearing administrative law judges, petitions to review, the reopening of permanent total disability awards, and appeals to the court of appeals.
| Background | | Official Summary | The bill:
Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid (section 1);
Adds guardian and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease (section 2);
Requires a claimant for mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred and requires the employer or insurer to pay or dispute mileage within 30 days of submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request (sections 2 and 7);
Clarifies that offsets to disability benefits granted by the federal Old-Age, Survivors, and Disability Insurance Amendments of 1965 only apply if the payments were not already being received by the employee at the time of the work-related injury (section 3);
Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits (section 4);
Adds the conditions that, in order for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI), an examining physician must serve a written report to the authorized treating physician specifying that the examining physician has determined
that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report (section 5);
Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive (section 6);
Prohibits an employer or insurer from withdrawing an admission of liability 2 years after the date the admission of liability on the issue of compensability was filed, except in cases of fraud (section 7);
Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time (section 8);
Clarifies the scope of authority of prehearing administrative law judges (section 9);
Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2021 (section 11); and
Clarifies the orders that are subject to review or appeal (sections 10 and 12).
| Hearing Date | | House Sponsors | T. Kraft-Tharp (D) K. Van Winkle (R) | House Committee | Business Affairs and Labor | Senate Sponsors | V. Marble (R) J. Bridges (D) | Senate Committee | | Fiscal Notes | Fiscal Notes (07/09/2020) |
|
Bill:
HB20-1157
|
Title: |
Loaned Water For Instream Flows To Improve Environment |
Position | Monitor | Status | Governor Signed (03/20/2020) | Category |
Water: Will, Cheryl DeBaise, Kim Jewell
| Bill Position | | | | CCW Summary |
Concerning the Colorado water conservation board's authority to use water that a water right owner voluntarily loans to the board for instream flow purposes.
| Background | | Official Summary | Under current law, the Colorado water conservation board (board),
subject to procedural requirements established to prevent injury to water rights and 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 renewable loan may be exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows a loan to be renewed for up to 2 additional 10-year periods. The bill limits the duration that an expedited loan may be exercised for up to one year, and prohibits an applicant from seeking additional expedited loans regarding a water right following an approved expedited loan of that water right.
The bill also expands the board's ability to use loaned water for
instream flows to improve the natural environment to a reasonable degree pursuant to a decreed instream flow water right held by the board.
In considering whether to accept a proposed loan, the board must
evaluate the proposed loan based on biological and scientific evidence presented, including a biological analysis performed by the division of parks and wildlife.
The state engineer will review a proposed loan and must consider
any comments filed by parties notified of the application in determining whether the loaned water will not cause injury to other vested or conditionally decreed water rights. The filing fee is increased from $100 to $300.
The board is required to promulgate rules regarding the necessary
steps for reviewing and accepting a loan for instream flow use to improve the natural environment to a reasonable degree.
The state engineer's decision to approve or deny a proposed loan
may be appealed to a water judge, who is required to hear and determine the matter on an expedited basis using the procedures and standards established for matters rereferred to the water judge by a water referee.
| Hearing Date | | House Sponsors | D. Roberts (D) P. Will (R) | House Committee | Rural Affairs and Agriculture | Senate Sponsors | K. Donovan (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (09/10/2020) |
|
Bill:
HB20-1159
|
Title: |
State Engineer Confirm Existing Use Instream Flow |
Position | Monitor | Status | Governor Signed (04/01/2020) | Category |
Water: Will Knowles, Cheryl DeBaise, Kim Jewell
| Bill Position | | | | CCW Summary |
Concerning the authority of the state engineer to confirm the extent of uses of water in existence on the date of an instream flow appropriation.
| Background | | Official Summary | Current law specifies that the Colorado water conservation board's
appropriation of water for instream flow purposes is subject to existing uses and exchanges of water. The bill directs the state engineer, in administering current law, to confirm a claim of an existing use or exchange if the use or exchange has not previously been confirmed by
court order or decree. The person making the claim may also seek confirmation by the water judge.
| Hearing Date | | House Sponsors | M. Catlin (R) D. Roberts (D) | House Committee | Rural Affairs and Agriculture | Senate Sponsors | D. Coram (R) K. Donovan (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (09/10/2020) |
|
Bill:
HB20-1180
|
Title: |
Protect Pollinators Through Pesticide Regulation |
Position | Monitor | Status | House Committee on Finance Postpone Indefinitely (05/28/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the protection of pollinators by restricting the use of certain pesticides.
| Background | | Official Summary | To protect bee and other pollinator populations throughout the
state, the bill requires the commissioner of agriculture (commissioner), on or before March 1, 2021, to adopt rules to regulate the use of neonicotinoid pesticides and sulfoximine pesticides by classifying specific neonicotinoid pesticides and sulfoximine pesticides as restricted-use pesticides. The commissioner's rules must exempt from the
restricted use of the pesticides their use as indoor pest control, personal care, and pet care products; however, the commissioner, thereafter, may amend the rules to disallow their use as indoor pest control, personal care, or pet care products if the commissioner determines that another commercially available product that is not a neonicotinoid pesticide or a sulfoximine pesticide is as or more effective than a neonicotinoid pesticide or a sulfoximine pesticide when used in accordance with the product's label directions for the same indoor pest control, personal care, or pet care use or uses.
The commissioner's rules regarding the restricted use of
neonicotinoid pesticides and sulfoximine pesticides must not apply to commercial applicators, limited commercial applicators, public applicators, qualified supervisors, certified operators, and private applicators.
| Hearing Date | | House Sponsors | S. Lewis (D) C. Kipp (D) | House Committee | Energy and Environment | Senate Sponsors | K. Priola (R) R. Fields (D) | Senate Committee | | Fiscal Notes | Fiscal Notes (08/10/2020) |
|
Bill:
HB20-1195
|
Title: |
Consumer Digital Repair Bill Of Rights |
Position | Oppose | Status | House Committee on Business Affairs & Labor Postpone Indefinitely (05/27/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning a requirement that a manufacturer of digital electronic equipment facilitate the repair of the equipment by providing persons other than authorized repair providers affiliated with the manufacturer with the resources needed to repair the equipment.
| Background | | Official Summary | Usually, an owner of digital electronic equipment (equipment),
such as cell phones and tablets, must seek diagnostic, maintenance, or
repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer.
The bill requires a manufacturer to provide parts, embedded
software, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services. A manufacturer's failure to comply with the requirement is an unfair or deceptive trade practice. Manufacturers need not divulge any trade secrets to independent repair providers and owners.
Any contractual provision or other arrangement that a
manufacturer enters into that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable.
| Hearing Date | | House Sponsors | J. Singer (D) B. Titone (D) | House Committee | Business Affairs and Labor | Senate Sponsors | J. Cooke (R) J. Bridges (D) | Senate Committee | | Fiscal Notes | Fiscal Notes (08/10/2020) |
|
Bill:
HB20-1414
|
Title: |
Price Gouge Amid Disaster Deceptive Trade Practice |
Position | Monitor | Status | Governor Signed (07/14/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning a prohibition against engaging in price gouging for a period following a declared disaster.
| Background | | Official Summary | The bill establishes that a person engages in a deceptive trade
practice if the person, for a period following the declaration of a disaster or disaster emergency by the president of the United States, the governor of the state, or the principal executive officer of a political subdivision and in the geographic area for which the disaster was declared, sells, offers for sale, provides, or offers to provide any of the following at a
price so excessive as to amount to price gouging:
Building materials;
Consumer food items;
Emergency supplies;
Fuel;
Medical supplies;
Other necessities;
Repair or reconstruction services;
Transportation, freight, or storage services; or
Services used in an emergency cleanup.
| Hearing Date | | House Sponsors | M. Weissman (D) B. Titone (D) | House Committee | State, Veterans, and Military Affairs | Senate Sponsors | M. Foote (D) B. Pettersen (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (07/27/2020) |
|
Bill:
HB20-1415
|
Title: |
Whistleblower Protection Public Health Emergencies |
Position | Monitor | Status | Governor Signed (07/11/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning a worker's rights in the workplace for conduct related to a principal's actions during a public health emergency.
| Background | | Official Summary | The bill prohibits a principal, which includes an employer, certain
labor contractors, public employers, and entities that rely on independent contractors for a specified percentage of their workforce, from discriminating, retaliating, or taking adverse action against any worker who:
Raises any concern about workplace health and safety practices or hazards related to a public health emergency to the principal, the principal's agent, other workers, a government agency, or the public if the workplace health and safety practices fail to meet guidelines established by a federal, state, or local public health agency with jurisdiction over the workplace; or
Voluntarily wears at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves.
A person may seek relief for a violation of the bill by:
Filing a complaint with the division of labor standards and statistics in the department of labor and employment;
Bringing an action in district court, after exhausting administrative remedies; or
Bringing a whistleblower action in the name of the state in district court, after exhausting administrative remedies.
| Hearing Date | | House Sponsors | L. Herod (D) T. Sullivan (D) | House Committee | Finance | Senate Sponsors | B. Pettersen (D) R. Rodriguez (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (07/27/2020) |
|
Bill:
HB20-1420
|
Title: |
Adjust Tax Expenditures For State Education Fund |
Position | Oppose | Status | Governor Signed (07/11/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning the adjustment of certain state tax expenditures in order to allocate additional revenues to the state education fund.
| Background | | Official Summary | Section 1 of the bill specifies that the act shall be known as the
Tax Fairness Act.
Sections 2 and 3 require taxpayers to add to federal taxable
income:
For income tax years ending on and after the enactment of
the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the difference between a taxpayer's net operating loss deduction as determined under federal law before the amendments made by section 2303 of the CARES Act and the taxpayer's net operating loss deduction as determined under federal law after the amendments made by section 2303 of the CARES Act;
For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to a taxpayer's excess business loss as determined under federal law without regard to the amendments made by section 2304 of the CARES Act, but with regard to the technical amendment made in that section of the CARES Act;
For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the amount in excess of the limitation on business interest under federal law without regard to the amendments made by section 2306 of the CARES Act; and
For income tax years commencing on or after January 1, 2021, an amount equal to the deduction for qualified business income for an individual taxpayer who files a single return and whose adjusted gross income is greater than $75,000, and for an individual taxpayer who files a joint return and whose adjusted gross income is greater than $150,000. This federal deduction may be claimed for income tax years commencing prior to January 1, 2026.
Section 4 limits the amount of net operating loss that a corporation
may carry forward to $400,000. This section also specifies that a corporation may add the amount of all net operating losses that a corporation is prohibited from subtracting, with interest, to the allowable net operating loss that is carried forward by the corporation.
Section 5 eliminates the state income tax modification for
qualifying net capital gains for income tax years commencing on or after January 1, 2021.
Sections 6 and 7 repeal the exemption from the state sales and use
taxes for the sales, purchase, storage, use, or consumption of electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel, for use in processing,
manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses, for filing periods on and after August 1, 2020, except not the state sales and use tax exemption for newsprint and printer's ink for use by publishers of newspapers and commercial printers.
Section 8 creates a sales and use tax refund, not to exceed $1,000
per filing period, for filing periods on and after August 1, 2020, for all state sales and use tax paid by the taxpayer on the sale, storage, use, or consumption of electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, and all industrial uses; except that the $1,000 per filing period limit does not apply to the sale, storage, use, or consumption of:
Diesel fuel purchased for off-road use;
Electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel purchased for agricultural purposes;
Coal, gas, fuel oil, steam, coke, or nuclear fuel for use in generating electricity; and
Electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel for use in street and railroad transportation services.
Sections 9 and 10 prevent the elimination of the sales tax
exemption and the creation of the sales tax refund from affecting county and municipal sales and use taxes.
Section 11 repeals the statutes that provide an insurance premium
tax rate reduction for insurance companies maintaining a home office or a regional home office in the state. Section 11 also clarifies that, for purposes of the insurance premium tax, an annuity plan or an annuity consideration does not include a deposit-type contract that does not incorporate mortality or morbidity risks, such as a guaranteed investment or interest certificate, a supplementary contract without life contingencies, an annuity certain, a premium fund or other deposit fund, a dividend accumulation, a coupon accumulation, a lottery payout, or a structured settlement.
The earned income tax credit is equal to a percentage of the federal
earned income tax credit. Section 12 increases the percentage from 10% to 20% beginning in 2023. Section 12 also specifies that for income tax years commencing on or after January 1, 2020, taxpayers filing with an individual taxpayer identification number are eligible for the earned income tax credit.
Section 13 specifies that the state treasurer shall transfer the
following amounts from the general fund to the state education fund created in section 17 (4) of article IX of the state constitution for the following fiscal years:
$150,000,000 for the fiscal year 2021-22;
$200,000,000 for the fiscal year 2022-23;
$200,000,000 for the fiscal year 2023-24; and
$200,000,000 for the fiscal year 2024-25.
| Hearing Date | | House Sponsors | M. Gray (D) E. Sirota (D) | House Committee | Finance | Senate Sponsors | D. Moreno (D) C. Hansen (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (07/28/2020) |
|
Bill:
SB20-009
|
Title: |
Expand Adult Education Grant Program |
Position | Monitor | Status | Governor Signed (07/08/2020) | Category |
Education: Dan Defibaugh, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning expansion of the adult education and literacy grant program.
| Background | | Official Summary | Under existing law, the adult education and literacy grant program
(grant program) is focused on workforce development partnerships to provide adult education that leads to increased levels of employment. The bill recognizes that, in addition to increasing employment, adult education is necessary to ensure an adult population that is better prepared to support the educational attainment of the next generation and actively
participate as citizens in a democratic society.
The bill expands the grant program to provide grants to adult
education providers that enter into an education attainment partnership with elementary and secondary education providers or higher education providers to assist adults in attaining basic literacy and numeracy skills that lead to additional skill acquisition, that may lead to postsecondary credentials and employment, and that assist adults in providing academic support to their own children or to children for whom they provide care. The bill allows the state board of education, in awarding grants, to give preference to adult education programs that serve populations that are underserved by federal funding.
| Hearing Date | | House Sponsors | B. McLachlan (D) M. Catlin (R) | House Committee | Education | Senate Sponsors | B. Rankin (R) R. Zenzinger (D) | Senate Committee | Education | Fiscal Notes | Fiscal Notes (09/15/2020) |
|
Bill:
SB20-038
|
Title: |
Statewide Biodiesel Blend Requirement Diesel Fuel Sales |
Position | Monitor | Status | House Committee on Energy & Environment Postpone Indefinitely (05/28/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the establishment of a statewide standard for the sale of biodiesel-blended diesel fuel in Colorado.
| Background | | Official Summary | Energy Legislation Review Interim Study Committee. The bill
requires that all diesel fuel sold or offered for sale in Colorado between June 1 and September 15 of each year, commencing June 1, 2021, be blended with and contain at least 5% biodiesel and that all diesel fuel sold or offered for sale in Colorado between June 1 and September 15 of each year, commencing June 1, 2023, be blended with and contain at least 10%
biodiesel.
The air quality control commission, in consultation with the
director of the division of oil and public safety in the department of labor and employment, shall promulgate rules regarding the blending standard, including rules to establish a waiver process and to require labeling of biodiesel-blended fuel to reflect the percentage of biodiesel included in the blended fuel.
| Hearing Date | | House Sponsors | S. Lewis (D) M. Young (D) | House Committee | Energy and Environment | Senate Sponsors | S. Fenberg (D) | Senate Committee | Transportation and Energy | Fiscal Notes | Fiscal Notes (07/15/2020) |
|
Bill:
SB20-080
|
Title: |
Consumer Protection Act Damages |
Position | Oppose | Status | House Committee on Finance Postpone Indefinitely (06/04/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning amending the "Colorado Consumer Protection Act" to increase the damages for which a plaintiff is eligible.
| Background | | Official Summary | The bill amends the Colorado Consumer Protection Act (act) to
state that a plaintiff in an individual action may be awarded damages equal to the sum of $500 per violation.
The bill also amends the act to state that, under the act, a class
action may be brought and damages may be awarded to the class.
| Hearing Date | | House Sponsors | S. Woodrow (D) | House Committee | Finance | Senate Sponsors | R. Rodriguez (D) | Senate Committee | Judiciary | Fiscal Notes | Fiscal Notes (08/21/2020) |
|
Bill:
SB20-081
|
Title: |
School Information For Apprenticeship Directory |
Position | Monitor | Status | Governor Signed (03/20/2020) | Category |
Education: Dan Defibaugh, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning including school information in the Colorado state apprenticeship resource directory.
| Background | | Official Summary | The bill requires the department of labor and employment to
collaborate with the department of education to include in the Colorado state apprenticeship resource directory the name and contact information for at least one designated apprenticeship training program contact for every public high school and school district.
| Hearing Date | | House Sponsors | T. Sullivan (D) C. Larson (R) | House Committee | Education | Senate Sponsors | J. Danielson (D) J. Bridges (D) | Senate Committee | Education | Fiscal Notes | Fiscal Notes (06/24/2020) |
|
Bill:
SB20-093
|
Title: |
Consumer And Employee Dispute Resolution Fairness |
Position | Oppose | Status | House Committee on Finance Postpone Indefinitely (06/04/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning protections related to mandatory agreement provisions, and, in connection therewith, enacting the "Consumer and Employee Dispute Resolution Fairness Act".
| Background | | Official Summary | The bill enacts the Consumer and Employee Dispute Resolution
Fairness Act (act). For certain consumer and employment arbitrations, the act:
Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing;
Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party;
Establishes ethical standards for arbitrators; and
Requires specified public disclosures by arbitration services providers but includes protections for certain confidential information.
The bill also requires an individual arbitrator for certain consumer
and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality.
The bill specifies how attorney fees and other reasonable expenses
are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures and clarifies when appeals of orders may be made in consumer and employee arbitrations.
The bill also provides that for a standard form contract involving
a consumer or employee:
Specified terms are unenforceable as against public policy;
Including an unenforceable term constitutes a deceptive trade practice under the Colorado Consumer Protection Act; and
How certain cost-shifting provisions are to be interpreted.
| Hearing Date | | House Sponsors | M. Weissman (D) D. Jackson (D) | House Committee | Finance | Senate Sponsors | M. Foote (D) S. Fenberg (D) | Senate Committee | Judiciary | Fiscal Notes | Fiscal Notes (08/24/2020) |
|
Bill:
SB20-099
|
Title: |
Thresholds For Sales Tax Collection Requirements |
Position | Support | Status | Senate Committee on Finance Postpone Indefinitely (02/04/2020) | Category |
Tax & Budget: Gene Pielin, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the dollar thresholds in place for certain retailers' sales tax collection requirements.
| Background | | Official Summary | The bill changes the dollar threshold for economic nexus for
purposes of retail sales made by retailers without physical presence in the state from $100,000 to $200,000.
Current law temporarily allows small retailers with physical
presence in the state that have retail sales of $100,000 or less to source sales to the business' location regardless of where the purchaser receives
the tangible personal property or service, thus providing an exception to the sales tax sourcing rule. The bill changes this threshold to $200,000 or less in retail sales and makes the exception permanent.
| Hearing Date | | House Sponsors | P. Will (R) | House Committee | | Senate Sponsors | B. Rankin (R) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (10/05/2020) |
|
Bill:
SB20-101
|
Title: |
Investigation Process For Pesticide Applicators |
Position | Monitor | Status | Senate Committee on Appropriations Postpone Indefinitely (06/13/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning the procedural requirements resulting from the initiation of an investigation of a pesticide applicator.
| Background | | Official Summary | Current law requires certain commercial pesticide applicators to
be licensed or registered. The bill requires the commissioner of agriculture (commissioner) to notify such a regulated person within 24 hours after the commissioner or department of agriculture receives a complaint about the person. The notice must include the alleged facts and any statute or rule the person is alleged to have violated. If the notice is
not provided:
The commissioner is prohibited from suspending or revoking the person's license or registration, or imposing civil penalties; and
The person is immune from a criminal prosecution based on the facts alleged in the complaint.
The bill also requires the following proceedings to be brought
within one year after the occurrence of the facts upon which they are based:
A proceeding to discipline a licensee or registrant;
A proceeding to impose civil penalties, not including failing to obtain the required license or registration; or
A criminal prosecution, not including failing to obtain the required license or registration.
| Hearing Date | | House Sponsors | | House Committee | | Senate Sponsors | J. Sonnenberg (R) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (08/05/2020) |
|
Bill:
SB20-138
|
Title: |
Consumer Protection Construction Defect Time Period |
Position | Oppose | Status | Senate Second Reading Laid Over to 12/31/2020 - No Amendments (05/28/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning increased consumer protection for homeowners seeking relief for construction defects.
| Background | | Official Summary | The bill:
Increases the statutory limitation period for actions based on construction defects from 6 years to 10 years;
Allows tolling of the limitation period on any statutory or equitable basis; and
Requires tolling of the limitation period until the claimant
discovers not only some physical manifestation of a construction defect but also its cause.
| Hearing Date | | House Sponsors | | House Committee | | Senate Sponsors | R. Rodriguez (D) | Senate Committee | Judiciary | Fiscal Notes | Fiscal Notes (08/24/2020) |
|
Bill:
SB20-159
|
Title: |
Global Warming Potential For Public Project Materials |
Position | Oppose | Status | Senate Second Reading Laid Over to 12/31/2020 - No Amendments (05/28/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning measures to limit the global warming potential for certain materials used in public projects.
| Background | | Official Summary | The department of personnel (department) is required to establish
a maximum acceptable global warming potential for each category of eligible materials used in a public project. The bill specifies which building materials are eligible materials.
The department is required to set the maximum acceptable global
warming potential at the industry average of facility-specific global
Capital letters or bold & italic numbers indicate new material to be added to existing law.
warming potential emissions for that material and to express it as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials.
The department is required to submit a report to the general
assembly regarding the method it used to develop the maximum global warming potential for each category of eligible materials and may make periodic downward adjustments to the number to reflect industry improvements.
For invitations for bid for public projects issued after a certain
date, the contractor that is awarded the contract is required to submit to the contracting agency of government a current facility-specific environmental product declaration for each eligible material proposed to be used in the public project.
A contracting agency of government is required to include in a
specification for bids for a public project that the facility-specific global warming potential for any eligible material that will be used in the project shall not exceed the maximum acceptable global warming potential for that material determined by the department.
A contractor that is awarded a contract for a public project is
prohibited from installing any eligible material on the project until the contractor submits a facility-specific environmental product declaration for that material.
The bill specifies that in administering the requirements of the bill,
an agency of government is required to strive to achieve a continuous reduction of greenhouse gas emissions over time. The department is required to submit a report to the general assembly regarding the implementation of the bill.
The bill includes the facility-specific global warming potential for
each eligible material that will be used in the project and the cost of avoided emissions for the project in the factors to be considered when making an award determination for a competitive sealed best value bid.
| Hearing Date | | House Sponsors | | House Committee | | Senate Sponsors | C. Hansen (D) | Senate Committee | Transportation and Energy | Fiscal Notes | Fiscal Notes (11/24/2020) |
|
Bill:
SB20-189
|
Title: |
Local Government Pesticide No Preemption |
Position | Oppose | Status | Senate Committee on Agriculture & Natural Resources Postpone Indefinitely (05/27/2020) | Category |
Business Practices: Hunter White, Troy Tinberg, Cindy McClung, Dan Grange
| Bill Position | | | | CCW Summary |
Concerning provisions that preempt a local government's authority to regulate the use of pesticides within the local government's jurisdiction.
| Background | | Official Summary | Current state law prohibits local governments from substantively
regulating the use and application of pesticides. The bill authorizes local governments to regulate pesticide use and application. In connection with this authorization, the bill:
Declares pesticide regulation a matter of both statewide and
local concern;
Repeals provisions that prohibit local regulation of pesticide use and application and explicitly authorizes a county to enact this type of regulation;
Permits local governments to regulate pesticide use and application except in connection with the cultivation of marijuana and the production of agricultural products;
Clarifies that a local government must meet the requirements of state and federal law; and
Gives state courts exclusive jurisdiction to review local pesticide laws.
| Hearing Date | | House Sponsors | L. Cutter (D) M. Duran (D) | House Committee | | Senate Sponsors | S. Fenberg (D) | Senate Committee | Agriculture and Natural Resources | Fiscal Notes | Fiscal Notes (08/06/2020) |
|
Bill:
SB20-204
|
Title: |
Additional Resources To Protect Air Quality |
Position | Monitor | Status | Governor Signed (06/30/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning the provision of additional resources to protect air quality, and, in connection therewith, increasing fees and creating the air quality enterprise.
| Background | | Official Summary | Section 3 of the bill creates the air quality enterprise and specifies
that its revenues are exempt from the state constitution's TABOR provisions. The enterprise will conduct air quality modeling, monitoring, data assessment, and research; implement emission mitigation projects; and provide its data to the division of administration and the air quality
control commission in the department of public health and environment to facilitate the administration of the state's air quality laws, including by facilitating the timely issuance and effective enforcement of appropriate emission permits.
The enterprise's board of directors shall establish by rule the
following enterprise fees in an amount sufficient, in aggregate, to cover its indirect and direct costs in implementing its powers and duties:
A fee per ton of air pollutant; and
A fee for services performed for third parties for air quality modeling, monitoring, assessment, or research and to conduct mitigation and monitoring projects.
The fees are credited to the newly created air quality enterprise cash fund.
Section 4 removes the statutory maximum for fees assessed for air
pollutant emission notices, establishes a fee for fiscal year 2020-21, and allows the commission to thereafter adjust the fees by rule. Section 5 removes the statutory maximums for annual per-ton emission fees and processing fees, establishes a fee for fiscal year 2020-21, allows the commission to thereafter adjust these fees by rule, and specifies the purposes for which these increased revenues may be spent.
| Hearing Date | | House Sponsors | D. Jackson (D) Y. Caraveo (D) | House Committee | Energy and Environment | Senate Sponsors | S. Fenberg (D) | Senate Committee | Transportation and Energy | Fiscal Notes | Fiscal Notes (08/11/2020) |
|
Bill:
SB20-205
|
Title: |
Sick Leave For Employees |
Position | Oppose | Status | Governor Signed (07/14/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning the requirement that employers offer sick leave to their employees.
| Background | | Official Summary | The bill creates the Healthy Families and Workplaces Act (act),
which requires employers to provide paid sick leave to employees under various circumstances.
On and after the effective date of the act through December 31,
2020, employers are required to provide each of their employees paid sick leave for employees to take for reasons related to the COVID-19
pandemic in the amounts and for the purposes specified in the federal Emergency Paid Sick Leave Act in the Families First Coronavirus Response Act.
Additionally, beginning January 1, 2021, the act requires all
employers in Colorado to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours.
An employee:
Begins accruing paid sick leave when the employee's employment begins;
May use paid sick leave as it is accrued; and
May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued.
Employees may use accrued paid sick leave to be absent from
work for the following purposes:
The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or
A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work.
In addition to the paid sick leave accrued by an employee, the act
requires an employer to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works.
The act prohibits an employer from retaliating against an employee
who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment, detailing employees' rights under the act.
Employers must retain records documenting, by employee, the
hours worked, paid sick leave accrued, and paid sick leave used and make
such records available to the division to monitor compliance with the act.
The director of the division will implement and enforce the act and
adopt rules necessary for such purposes. The act treats an employee's information about the employee's or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave.
Employers, including public employers, that provide comparable
paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees.
Employees covered by a collective bargaining agreement would
not be entitled to paid sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees.
| Hearing Date | | House Sponsors | K. Becker (D) Y. Caraveo (D) | House Committee | Health and Insurance | Senate Sponsors | J. Bridges (D) S. Fenberg (D) | Senate Committee | State, Veterans and Military Affairs | Fiscal Notes | Fiscal Notes (09/08/2020) |
|
Bill:
SB20-207
|
Title: |
Unemployment Insurance |
Position | Oppose | Status | Governor Signed (07/14/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning unemployment insurance.
| Background | | Official Summary | For the purpose of creating a rebuttable presumption that an
individual is an independent contractor, the bill allows the individual to establish that the person for whom he or she is performing services does not combine the business operations with the individual's business and the individual performs work that is not the primary work of the person or related to the primary work of the person. The bill authorizes the parties to demonstrate the satisfaction of the factors considered by the division of employment insurance in the department of labor and employment
(division) in a manner other than a written document. If an individual is determined to be an employee for the pruposes of the wage theft laws, the individual is deemed an employee for the purposes of determining eligibility for unemployment insurance compensation benefits.
The bill exempts payment for services to an election judge for the
purposes of calculating total unemployment compensation benefits.
Current law requires a deduction from the weekly total and partial
unemployment benefit amounts of the part of wages that exceeds 25% of the weekly benefit amount. The bill changes the percentage of wages for calculating the deduction to 50%.
When determining whether an individual qualifies for
unemployment insurance, the bill directs the division to consider whether the individual has separated from employment or has refused to accept new employment because:
The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; an executive order issued by the governor requiring the employer to close the business or modify the operation of the business; and any public health order issued by the department of public health and environment or a local government;
The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or
The employee is immunocompromised and more susceptible to illness during a public health emergency.
The bill changes the time period that an interested party has to
respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days.
Current law authorizes the division to approve a work share plan
submitted by an employer if the employee's normal weekly work hours have been reduced by at least 10% but not more than 40%. The bill changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law.
The bill removes the cap on the amount of money that can be paid
into and remain in the employment support fund.
The bill requires the director of the division to study and report to
the general assembly the feasibility of creating an unemployment insurance compensation program and fund for individuals engaged in
independent trades, occupations, and professions.
| Hearing Date | | House Sponsors | M. Gray (D) T. Sullivan (D) | House Committee | Finance | Senate Sponsors | F. Winter (D) C. Hansen (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (08/11/2020) |
|
Bill:
SB20-215
|
Title: |
Health Insurance Affordability Enterprise |
Position | Monitor | Status | Governor Signed (06/30/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning measures to address the affordability of health insurance for Coloradans purchasing coverage on the individual market, and, in connection therewith, establishing an enterprise to administer a health insurance affordability fee assessed on certain health insurers and a special assessment on hospitals to fund measures to reduce consumer costs for individual health coverage plans.
| Background | | Official Summary | The bill establishes the health insurance affordability enterprise,
for purposes of section 20 of article X of the state constitution, that is authorized to assess a health insurance affordability fee (insurer fee) on certain health insurers and a special assessment (hospital assessment) on hospitals in order to:
Provide business services to carriers that pay the fee, including services to increase enrollment in health benefit plans offered by carriers across the state; increasing the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals; funding the reinsurance program that offsets the costs carriers would otherwise pay for covering consumers with high medical costs; improving the stability of the market throughout the state by providing consistent private health care coverage and reducing the movement of individuals between group and individual coverage and from insured to uninsured status; and reducing provider cost shifting from the individual market and the uninsured to the group market; and
Provide business services to hospitals, including increasing hospital revenues by reducing the amount of uncompensated care provided by hospitals; and reducing the need of providers to shift costs of providing uncompensated care to other payers.
The enterprise is to start assessing and collecting the insurer fee in
2021, which fee is based on a percentage of premiums collected by health insurers in the previous calendar year on health benefit plans issued in the state. The hospital assessment is a specified amount assessed and collected in the 2022 and 2023 calendar years. Money collected from the insurer fee and hospital assessment is to be deposited in the health insurance affordability cash fund (fund), which the bill creates. The bill also transfers an amount of premium taxes collected by the state in 2020 or later years that exceeds the amount collected in 2019, but not more than 10% of the enterprise's revenues, to the fund.
The enterprise is required to use the insurer fee, the hospital
assessment, and any premium tax revenues or other money available in the fund, in accordance with the allocation specified in the bill, for the following purposes:
To provide funding for the reinsurance program established by House Bill 19-1168;
To provide payments to carriers to increase the affordability of health insurance on the individual market
for Coloradans who receive the premium tax credit available under federal law;
To provide subsidies for state-subsidized individual health coverage plans purchased by qualified low-income individuals who are not eligible for the premium tax credit or public assistance health care programs;
To pay the actual administrative costs of the enterprise and the division of insurance for implementing and administering the bill, limited to 3% of the enterprise's revenues; and
To pay the costs for consumer enrollment, outreach, and education activities regarding health care coverage.
The enterprise is governed by a 9-member board composed of the
executive director of the Colorado health benefit exchange and the commissioner of insurance or their designees and 7 members appointed by the governor and representing various aspect of the health care industry and health care consumers.
With regard to the reinsurance program and enterprise established
pursuant to House Bill 19-1168, the bill:
Incorporates the reinsurance program enterprise within the health insurance affordability enterprise;
Eliminates funding for the reinsurance program from special assessments on hospitals and health insurers, excess premium tax revenues, and specified transfers from the state general fund and instead allocates a portion of the health insurance affordability enterprise revenues to the reinsurance program annually; and
Extends the reinsurance program, subject to federal approval of a new or extended state innovation waiver to enable the state to operate the reinsurance program and access federal funding for the program.
| Hearing Date | | House Sponsors | C. Kennedy (D) J. McCluskie (D) | House Committee | Finance | Senate Sponsors | D. Moreno (D) K. Donovan (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (10/20/2020) |
|
Bill:
SB20-216
|
Title: |
Workers' Compensation For COVID-19 |
Position | Oppose | Status | Senate Committee on Appropriations Postpone Indefinitely (06/10/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning the creation of presumptions related to an essential worker who contracts COVID-19 for purposes related to workers' compensation.
| Background | | Official Summary | The bill provides that, for purposes of the Workers' Compensation
Act of Colorado, if an essential worker who works outside of the home contracts COVID-19, the contraction is:
Presumed to have arisen out of and in the course of employment; and
A compensable accident, injury, or occupational disease.
An essential worker is considered to have contracted COVID-19
if the worker tests positive for the virus that causes COVID-19, is diagnosed with COVID-19 by a licensed physician, or has COVID-19 listed as the cause of death on the worker's death certificate.
| Hearing Date | | House Sponsors | K. Mullica (D) | House Committee | | Senate Sponsors | R. Rodriguez (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (08/07/2020) |
|
Bill:
SB20-223
|
Title: |
Assessment Rate Moratorium & Conforming Changes |
Position | Monitor | Status | Governor Signed (07/13/2020) | Category | | Bill Position | | | | CCW Summary |
| Background | | Official Summary | The bill only takes effect if the voters statewide approve the repeal
of constitutional provisions related to the ratio of valuation for assessment for residential property and nonresidential property set forth in Senate
Concurrent Resolution 20-001. Section 1 of the bill states that beginning with the property tax year that commences on January 1, 2020, there is a moratorium on changing the ratio of valuation for assessment for any class of property. Sections 2, 3, and 4 make conforming amendments to reflect the provisions repealed.
| Hearing Date | | House Sponsors | D. Esgar (D) M. Soper (R) | House Committee | Finance | Senate Sponsors | J. Tate (R) C. Hansen (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (06/29/2020) |
|
Bill:
SB20-SCR001
|
Title: |
Repeal Property Tax Assessment Rates |
Position | Monitor | Status | Signed by the President of the Senate (06/23/2020) | Category | | Bill Position | | | | CCW Summary |
Concerning a moratorium on changing a ratio of valuation for assessment for any class of property for property taxation that is contingent on the repeal of related constitutional provisions.
| Background | | Official Summary | Property tax in Colorado is generally equal to the actual value of
property multiplied by an assessment rate, and the resulting assessed value is multiplied by each applicable local government's mill levy. The assessment rate for residential real property is established by the general assembly in accordance with a provision of the state constitution that is commonly known as the Gallagher Amendment and is limited by section 20 of article X of the state constitution (TABOR). Under the Gallagher Amendment, there are 2 important classes of property for the purposes of determining the residential assessment rate: residential property and nonresidential property. The assessment rate for most nonresidential property is fixed in the state constitution at 29%. The residential assessment rate was initially set at 21%, but the rate has been adjusted prior to each 2-year reassessment cycle to keep the percentage of aggregate statewide assessed value attributable to residential property the same as it was in the year immediately preceding the new reassessment cycle. Currently, the residential assessment rate is 7.15%.
The concurrent resolution repeals the Gallagher Amendment so
that the general assembly will no longer be required to establish the residential assessment rate based on the formula expressed in the Gallagher Amendment. The resolution also repeals the reference to the residential rate of 21%, which last applied in 1986, prior to the first adjustment required by the Gallagher Amendment. Finally, the resolution repeals the 29% assessment rate that applies for all nonresidential property, excluding producing mines and lands or leaseholds producing oil or gas.
| Hearing Date | | House Sponsors | D. Esgar (D) M. Soper (R) | House Committee | Appropriations | Senate Sponsors | J. Tate (R) C. Hansen (D) | Senate Committee | Finance | Fiscal Notes | Fiscal Notes (08/31/2020) |
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