Below are the 2019 Colorado Legislative Bills that Business & Professional Women of Colorado (BPW Colorado) as an organization supports or opposes. Link to the PDFs:BPW CO Legislative Bill List 03.26.2018 .
LEGISLATIVE BILLS COMMITTEE
Bills as of March 26, 2019
Bills that we SUPPORT:
SB 001 - Expand Medication-assisted Treatment Pilot Program (Garcia)
Expands the medication-assisted treatment expansion pilot program by shifting administration of the program from the college of nursing to the center for research into substance use disorder prevention, treatment, and recovery support strategies; expanding the counties that may participate in the program; extending the duration of the program; and increasing the funding for the program.
SB 002 - Regulate Student Education Loan Servicers (Winter & Fenberg)
Requires an entity that services a student education loan to be licensed by the administrator of the "Uniform Consumer Credit Code." "Servicing" means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. Creates a student loan ombudsperson to provide timely assistance to student loan borrowers.
SB 004 - Address High-cost Health Insurance Pilot Program (Donovan/Roberts)
Implements a pilot program to allow residents of a specified region to participate in state employee medical benefit plans and modifying the health care coverage cooperatives laws to include consumer protections and allow consumers to collectively negotiate rates directly with providers.
SB 007 - Prevent Sexual Misconduct at Higher Ed Campuses (Pettersen & Winter/McLachlan & Buckner
Requires each institution of higher education to adopt, periodically review, and update a policy on sexual misconduct. Establishes minimum requirements for the policies, including reporting options, procedures for investigations and adjudications, and protections for involved persons. Requires that institutions promote the policy by posting information on their websites and annually distributing the policy and information and provide training.
SB 049 - Statute of Limitation Report Child Abuse (Fields/MichaelsonJenet)
Makes the statute of limitations 5 years for failure to report child abuse when a child makes a verbal or written allegation of unlawful sexual behavior to a mandatory reporter.
SB 056 - Veterans Employment Preference by Private Employer (Hisey/Carver) - PI
Allows private employers to give preference to veterans of the armed forces or the National Guard when hiring, promoting, and retaining employees as long as the veterans are as qualified as other individuals.
SB 085 - Equal Pay for Equal Work Act (Danielson & Pettersen/Buckner & Gonzalez-Gutierrez)
Requires an employer to announce to all employees the employment advancement opportunities and job openings and the pay range for the openings. Prohibits an employer from seeking the wage rate history of a prospective employee, relying on a prior wage rate to determine a wage rate, discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history, or discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer.
SB 180 – Eviction Legal Defense Fund (Winter/McCluskie)
Creates the eviction legal defense fund to creates the eviction legal defense fund that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction.
SB 181 – Protect Public Welfare Oil and Gas Operations
States that it is in the public interest to "foster" the development of oil and gas resources in a manner "consistent" with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources. Gives local governments the ability to prioritize protect public health, safety, and welfare and the environment in the approval of new oil and gas facilities, to limit oil and gas development in their jurisdiction, and to control the siting of oil and gas facilities. Directs the Air Quality Control Commission to require oil and gas operators to install continuous emission monitoring equipment at the facility to monitor for hazardous air pollutants. Repeals an exemption for oil and gas production from counties' authority to regulate noise.
SB 185 – Protections for Minor Human Trafficking Victims (Fields/Landgraf)
Creates immunity for a violation of a prostitution-related offense if probable cause exists to believe that a minor was a victim of either human trafficking of a minor for involuntary servitude or for sexual servitude. Requires a minor who engages in prostitution-related conduct to be referred to the county department of human or social services for child abuse and that if a law enforcement officer encounters such a minor and there is probable cause to believe that the minor was a victim of human trafficking of a minor for sexual servitude, the officer shall report the suspected violation to the county department of human or social services or the child abuse hotline.
SB 188 – FAMLI Family Medical Leave Insurance Program (Winter & Williams/Gray & Duran)
Creates the family and medical leave insurance (FAMLI) program and the division of family and medical leave insurance in the department of labor and employment to provide partial wage replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition; because is unable to work due to the individual's own serious health condition or because the individual or a family member is the victim of abusive behavior; or due to certain needs arising from a family member's active duty service. Each employee and employer in the state will pay one-half the cost of a premium as specified in the bill, which premium is based on a percentage of the employee's yearly wages. The premiums are deposited into the family and medical leave insurance fund, and family and medical leave benefits are paid to eligible individuals from the fund.
HB 1003 - Community Solar Gardens Modernization Act (Hansen)
Increases the maximum size of a community solar garden (CSG) from 2 megawatts to 10 megawatts and removes the requirement that a CSG subscriber's identified physical location be in the same county as, or a county adjacent to, that of the CSG.
HB 1005 - Income Tax Credit for Early Childhood Educators (Buckner & Wilson/Todd & Priola)
Provides an income tax credit to eligible early childhood educators who hold an early childhood professional credential and who, for at least 6 months of the taxable year, are either the head of a family child care home or are employed with an eligible early childhood education program or a family child care home. Specifies that an early childhood education program must have achieved at least a Level 2 quality rating under the Colorado Shines quality rating and improvement system and either has fiscal agreements with the Colorado Child Care Assistance Program or meets the federal Early Head Start or Head Start standards.
HB 1013 - Child Care Expenses Tax Credit Low-Income Families (Exum/Pettersen)
Makes permanent the child care expenses tax credit for those with an income below $25,000 per year.
HB 1025 – Limits on Job Applicant Criminal History Inquiries (Melton)
Prohibits employers from placing a statement in an employment application that a person with a criminal history may not apply for a position or inquiring about an applicant's criminal history on an initial application. Allows employers to obtain a job applicant’s criminal history record. Exempts employers from the restrictions on advertising and initial employment applications when law prohibits a person who has a particular criminal history from being employed in a particular job; employer is participating in a program to encourage employment of people with criminal histories; or employer is required by law to conduct a criminal history record check for the particular position.
HB 1032 - Comprehensive Human Sexuality Education – Lontine/Todd & Coram)
Clarifies content requirements for public schools that offer comprehensive human sexuality education and prohibits instruction from explicitly or implicitly teaching or endorsing religious ideology or sectarian tenets or doctrines, using shame-based or stigmatizing language or instructional tools, employing gender norms or gender stereotypes, or excluding the relational or sexual experiences of lesbian, gay, bisexual, or transgender individuals. Adds requirements for the Human Sexuality Education Grant Program and appropriates $1 million annually for it.
HB 1038 – Dental Services for Pregnant Women on CHP+ (Duran & Lontine/Ginal & Story)
Requires the medical services board to include dental services for eligible children enrolled in a children's basic health plan to include dental services to all eligible enrollees, which includes children and pregnant women.
HB 1039 - Identity Documents for Transgender Persons (Esgar/Moreno)
Requires that the state registrar of vital statistics issue a new birth certificate to reflect a change in gender designation rather than requiring them to obtain a court order to obtain an amended birth certificate. Stipulates that a person is not required to obtain a court order for a legal name change in order to obtain a new birth certificate with a change in gender designation. Exempts transgender persons from having to submit a public notice of name change.
HB 1050 - Encourage Use of Xeriscape in Common Areas (Titone/Priola & Winter) - SIG
Augments an existing law that establishes the right of unit owners in common interest communities to use water-efficient landscaping, subject to reasonable aesthetic standards, by specifically extending the same policy to common areas under the control of the community's governing board.
HB 1051 - CDPS Human Trafficking-related Training (Carver & McLachlan/Gardner & Ginal)
Requires the division of criminal justice to provide human trafficking training to law enforcement agencies and entities that provide services to human trafficking victims.
HB 1064 - Victim Notification Criminal Proceedings (Sullivan)
Eliminates requirements that victims must opt in to effect their rights in criminal proceedings involving their alleged offender or offender.
HB 1075 - Tax Credit Employer-assisted Housing Pilot Program (Wilson)
Creates a state income tax credit for a donation a taxpayer makes to a sponsor that is used solely for the costs associated with employer-assisted affordable housing in a rural area. Defines "sponsor" as the Colorado Housing and Finance Authority, a housing authority operated by a county or municipality, a nonprofit corporation that has been designated as a community development corporation under the federal tax code, or an international, nongovernmental, not-for-profit organization whose mission is concentrated on constructing affordable housing. Allows the credit to be 20% of the donation, except that the aggregate amount of the credit awarded to any one taxpayer is limited to $400 per year.
HB 1076 - Clean Indoor Air Act Add E-cigs Remove Exceptions (MichaelsonJenet & Larson/Priola & Donovan)
Amends the "Colorado Clean Indoor Air Act" by adding a definition of "electronic smoking device" to include e-cigarettes and similar devices; eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities; and repealing the ability of property owners and managers to designate smoking and nonsmoking areas through the posting of signs.
HB 1106 – Rental Application Fees (Titone & Gonzales-Gutierrez/Pettersen)
Prohibits a landlord from charging a prospective tenant a rental application fee unless the landlord uses the entire amount to cover the costs of processing the application. Prohibits a landlord from charging a prospective tenant a rental application fee that is a different amount from one charged to other prospective tenants. Requires landlords to give prospective tenants written notice of the selection criteria that will be used to select tenants and the grounds upon which applications may be denied. Prohibits landlords from using rental history or credit history more than 7 years previous to the application.
HB 1107 - Employment Support Job Retention Services Program (Coleman/Fields & Priola)
Creates the employment support and job retention services program to provide emergency employment support and job retention services to eligible individuals in the state. Requires the Department of Labor and Employment to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities.
HB 1122 – CDPHE Maternal Mortality Review Committee (Buckner & Landgraf/Fields & Gardner)
Creates the Maternal Mortality Review Committee in the Colorado Dept. of Public Health and Environment to review maternal deaths, identify the causes of maternal mortality, and develop recommendations to address preventable maternal deaths, including legislation, policies, rules, and best practices that will support the health and safety of the pregnant and postpartum population.
HB 1129 – Prohibit Conversion Therapy on a Minor (MichaelsonJenet & Esgar/Fenberg)
Prohibits a licensed physician specializing in psychiatry or a licensed, certified, or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. "Conversion therapy" means efforts to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.
HB 1155 – Additions to Definition of Sexual Contact (MichaelsonJenet & Carver)
Adds the following conduct to the definition of sexual contact for the purposes of defining sex crimes: the knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; and knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact is for the purpose of sexual arousal, gratification, or abuse.
HB 1164 – Child Tax Credit (Singer/Zenzinger & Priola)
Repeals the contingency on the child tax credit that it be allowed only after Congress enacts a version of the "Marketplace Fairness Act."
HB 1170 – Residential Tenants Health & Safety Act (Jackson & Weissman/A.Williams & Bridges)
States that a landlord breaches the warranty of habitability if a residence is uninhabitable, dangerous, or hazardous to the tenant’s life, health, or safety or if the landlord received notice of the condition and failed to commence remedial action with reasonable efforts within 24-72 hours. Adds conditions that are considered uninhabitable. Adds electronic notice as a means for a tenant to notify a landlord. (Various other provisions.)
HB 1193 – Behavioral Health Supports for High-Risk Families (Herod & Pelton/Garcia)
Amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women to define "parenting women" as women up to one year postpartum; to encourage health care practitioners and county human or social services departments to identify pregnant women and parenting women for a needs assessment; and to use state money to provide residential substance use disorder treatment to pregnant and parenting women until such time as those services are covered under the state program of medical assistance. Creates the child care services and substance use disorder treatment pilot program as a two-generation initiative in the department of human services.
HB 1210 – Local Government Minimum Wage (Melton & Galindo/Danielson & Moreno)
Allows a unit of local government to enact laws establishing a minimum wage within its jurisdiction.
HB 1120 – Youth Mental Health Ed and Suicide Prevention (Michaelson Jenet & Roberts/ Fenberg & Coram)
Allows a minor 12 years of age or older to seek and obtain psychotherapy services with or without the consent of the minor's parent or guardian. Requires the department of education, in consultation with the office of suicide prevention (office), the youth advisory council, and the suicide prevention commission, to create and maintain a mental health education literacy resource bank. Requires the state board of education to adopt standards related to mental health, including suicide prevention.
HB 1124 – Protect CO Citizens From Federal Government Overreach (Benavidez)
Prohibits a department, agency, board, commission, or officer or employee of the state or a political subdivision of the state from using public funds or resources to assist in the enforcement of federal civil immigration laws. Prohibits the state or a political subdivision of the state from entering into any contractual agreement that would require an employee to directly or indirectly assist in the enforcement of federal civil immigration laws. Prohibits federal immigration authorities access to the secure areas of any city or county jail or other law enforcement facility for the purpose of conducting investigative interviews or for any other purpose related to the enforcement of federal civil immigration laws, unless federal immigration authorities present a warrant issued by a federal judge or magistrate. Prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.
HB 1131 – Prescription Drug Cost Education (Jaquez Lewis/Winter)
Requires a drug manufacturer or wholesaler, or an agent or an employee of the manufacturer or wholesaler, to provide, in writing, the wholesale acquisition cost of a prescription drug to an entity or individual with whom the manufacturer, wholesaler, agent, or employee is sharing information concerning the drug. Also requires the drug manufacturer or wholesaler, or an agent or employee of the manufacturer or wholesaler, to provide educational materials about the acquisition costs of other prescription drugs in the same therapeutic class.
HB 1177 – Extreme Risk Protection Order (Sullivan & Garnett/Court & Pettersen)
Creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO. The respondent has the burden of proof at a termination hearing.
HB 1187 – Increase Student Aid Application Completion Rates (Coleman/Bridges)
Requires the general assembly to appropriate $250,000 each year for the 2021, 2022, and 2023 fiscal years, to distribute to education providers that receive a grant under the school counselor corps grant program, for the purpose of educating and supporting students and families with the completion and submission of the free application for federal student aid or applications for state student aid.
HB 1216 – Reduce Insulin Prices (Roberts/Donovan & Priola)
Requires a carrier to reduce the cost-sharing a covered person is required to pay for prescription insulin drugs by an amount equal to the greater of 51% of the total rebates received by the carrier per prescription insulin drug including price protection rebates or an amount that ensures cost sharing will not exceed 125% of the carrier's cost for the prescription insulin drug, subject to a maximum out-of-pocket cost of $100 per one-month supply of insulin.
HB 1224 – Free Menstrual Hygiene Products in Custody (Herod/Winter)
Requires local jails, multijurisdictional jails, and municipal jails to provide menstrual hygiene products to people in custody at no expense to the people in custody.
HB 1225 – No Monetary Bail for Certain Low-Level Offenses (Herod & Soper/Lundeen & Lee)
Removes petty offenses from the requirement to release a person charged with a class 3 misdemeanor, petty offense, or unclassified offense on a personal recognizance bond unless certain conditions exist. Prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, except for a traffic offense involving death or bodily injury, eluding a police officer, circumventing an interlock device, or a municipal offense with substantially similar elements to a state misdemeanor offense.
HB 1228 – Increase Tax Credit Allocation Affordable Housing (Bird & Titone/Zenzinger & Tate)
Increases the annual aggregate cap under the affordable housing tax credit from $5 million to $10 million.
HB 1245 – Affordable Housing Funding From Vendor Fees (Weissman/Gonzales)
Increases the vendor fee (the amount that a retailer who collects state sales tax is currently allowed to retain as compensation for the expenses incurred in collecting and remitting the tax) from 3 1/3% to 4% and establishes a $1,000 monthly cap on the vendor fee. The increase in sales taxes attributable to the vendor fee changes that result from the bill will be credited to the housing development grant fund, which is used to make grants and loans to improve, preserve, or expand the supply of affordable housing in the state. At least 1/3 of this money must be used for affordable housing projects for households whose annual income is less than or equal to 30% of the area median income.
HB 1251 – Age of Marriage and Emancipation Procedure
Permits the issuance of a marriage license only to a person who is 18 years of age, unless the person is at least 16.5 years of age and emancipated through a court procedure. Creates a statutory procedure for the emancipation of minors.
HB 1261 – Climate Action Plan to Reduce Pollution (Becker & Jackson/Winter & Williams)
Sets the statewide goal to reduce greenhouse gas emissions by at least 26% by 2025, by at least 50% by 2030, and by at least 90% by 2050, compared with the levels in 2005.
HB 1262 – State Funding for Full-Day Kindergarten (McLachlan & Wilson/Bridges)
Provides funding through the School Finance Formula for students enrolled in full-day kindergarten to be funded in the same amount as students enrolled full-time in other grades. Prohibits districts from charging tuition for full-day kindergarten, unless the state ceases to fund full-day kindergarten. Prohibits funding from the Colorado Preschool Program for full-day kindergarten. Directs any district not currently providing full-day kindergarten to submit a plan to CDE for how it might phase it in.
Bills that we OPPOSE:
HB 1103 - Protect Human Life At Conception (Humphrey & Saine) - PI
Prohibits terminating the life of an unborn child and makes a violation a class 1 felony, except to prevent the death of a pregnant mother or when medical treatment to the mother, including chemotherapy or removal of an ectopic pregnancy, results in the accidental or unintentional injury to or death of the unborn child.
Important bills that we are MONITORING:
SB 005 – Import Prescription Drugs From Canada (Rodriguez & Ginal/Lewis)
Creates the "Colorado Wholesale Importation of Prescription Drugs Act", under which the department of Health Care Policy and Financing shall design a program to import prescription pharmaceutical products from Canada for sale to Colorado consumers. The program design must ensure both drug safety and cost savings for Colorado consumers. The department shall submit the program design to the secretary of the United States Department of Health and Human Services and request the secretary's approval of the program, as required by federal law, to import Canadian pharmaceutical products.
SB 049 - Statute of Limitation Report Child Abuse (Fields/MichaelsonJenet)
Makes the statute of limitations 5 years for failure to report child abuse when a child makes a verbal or written allegation of unlawful sexual behavior to a mandatory reporter.
HB 1058 - Income Tax Benefits for Family Leave (Landgraf & Beckman/Priola) - PI
Establishes family leave savings accounts to pay an individual while on leave for a serious health condition, birth of a child, caring for a family member with a serious health condition, or one’s own or a family member’s active duty. Allows an individual’s contribution of up to $5,000 and an employer’s matching contribution, both of which are tax-deductible.
HB 1118 - Time Period to Cure Lease Violation (Jackson & Galindo/A.Williams)
Requires a landlord to provide a tenant 14 days, instead of the current law requiring 3 days, to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings. Requires 14 days' notice, instead of the current law requiring 3 days, prior to the landlord terminating a lease agreement for a subsequent violation of the same condition or covenant of the agreement.