Bill Tracker

Education: Dan Defibaugh, Dan Grange

Concerning a statewide plan for awarding college credit for work-related experience.

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.

Tax & Budget: Gene Pielin, Dan Grange

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.

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.

Tax & Budget: Gene Pielin, Dan Grange

Concerning certain address database systems used for sales and use tax collection.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning payments in construction contracts governing improvements to private real property.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning the development of a statewide organics management plan to promote compost use.

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.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell

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.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

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.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning county authority to license and regulate a business.

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.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

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.

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.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

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.

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.

Tax & Budget: Gene Pielin, Dan Grange

Concerning a sales tax exemption for fencing material used in a farm operation.

The bill creates a sales tax exemption for fencing material used in
a farm operation.

Concerning the expansion of authority for regional transportation improvements.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

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.

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).

Water: Will, Cheryl DeBaise, Kim Jewell 

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.

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.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

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.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning the protection of pollinators by restricting the use of certain pesticides.

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.

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.

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.

Concerning a prohibition against engaging in price gouging for a period following a declared disaster.

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.

Concerning a worker's rights in the workplace for conduct related to a principal's actions during a public health emergency.

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.

Concerning the adjustment of certain state tax expenditures in order to allocate additional revenues to the state education fund.

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.

Education: Dan Defibaugh, Dan Grange

Concerning expansion of the adult education and literacy grant program.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning the establishment of a statewide standard for the sale of biodiesel-blended diesel fuel in Colorado.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning amending the "Colorado Consumer Protection Act" to increase the damages for which a plaintiff is eligible.

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.

Education: Dan Defibaugh, Dan Grange

Concerning including school information in the Colorado state apprenticeship resource directory.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning protections related to mandatory agreement provisions, and, in connection therewith, enacting the "Consumer and Employee Dispute Resolution Fairness Act".

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.

Tax & Budget: Gene Pielin, Dan Grange

Concerning the dollar thresholds in place for certain retailers' sales tax collection requirements.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning the procedural requirements resulting from the initiation of an investigation of a pesticide applicator.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning increased consumer protection for homeowners seeking relief for construction defects.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Concerning measures to limit the global warming potential for certain materials used in public projects.

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.

Business Practices: Hunter White, Troy Tinberg, Cindy McClung, Dan Grange

Concerning provisions that preempt a local government's authority to regulate the use of pesticides within the local government's jurisdiction.

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.

Concerning the provision of additional resources to protect air quality, and, in connection therewith, increasing fees and creating the air quality enterprise.

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.

Concerning the requirement that employers offer sick leave to their employees.

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.

Concerning unemployment insurance.

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.

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.

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.

Concerning the creation of presumptions related to an essential worker who contracts COVID-19 for purposes related to workers' compensation.

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.

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.

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.

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.