Legislation and Issues

Tracking the Legislature

INTRODUCED

 

THIS WEEK

2/21 HOU Econ & Bus – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

2/21 HOU Econ & Bus – HB 1134 (CCJL Opposes) Limitation on Employer Speech Rights

2/21 SEN Local Govt – SB 116 (CCJL Monitor) Cathonines as “Bath Salts”

2/22 HOU Local Govt – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service

2/22 SEN Judiciary – SB 70 (CCJL Opposes) Limitations on Rental Contracts

2/23 HOU Judiciary – HB 1036 (CCJL Supports) Open Records Act Clarification

 

LAST WEEK IN COMMITTEE

PASSED (4-3) – SB 3 (CCJL Opposes) Permissible Use of Credit Information by Employers

KILLED (6-0) – SB 69 (CCJL Monitor) Time Limits for Civil Actions

KILLED (7-0) – SB 54 (CCJL Opposes) Disciplinary Actions in Health Care Employment

 

THIRD READING VOTES

PASSED (35-0) – SB 35 (CCJL Supports) Space Flight Liability Limits

 

ACTIVE BILLS

 

HOUSE BILL 1036 – Open Records Act Clarification

Sponsors: Rep. Jim KERR (R-Littleton)

Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.

Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments; re-scheduled for action only on Feb. 23.

CCJL Position:  SUPPORT

  

HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices

Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)

Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale.  Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.

Status: Scheduled in House Economic and Business Development on Feb. 21, morning.

CCJL Position:  MONITOR

 

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire

Sponsors: Rep. Joe MIKLOSI (D-Denver)

Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).

Status: Assigned to House State, Veterans and Military Affairs.

CCJL Position:  OPPOSE

 

HOUSE BILL 1134 – Limitation on Employer Speech Rights

Sponsors: Rep. Don PABON (D-Denver)

Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.

Status: Scheduled in House Economic and Business Development on Tue., Feb. 21 at 1:30 p.m.

CCJL Position:  OPPOSE

 

HOUSE BILL 1244 – Governmental Immunity Claims Service

Sponsors: Rep. Ray SCOTT (R-Grand Junction), Sen. Joyce FOSTER (D-Denver)

Summary: Directs the Secretary of State to create a registry of contacts for local governments to identify the proper person to be served with claims under the Colorado Governmental Immunity Act.

Status: Scheduled for hearing in House Local Government on Wed., Feb. 22, morning.

CCJL Position:  MONITOR

 

SENATE BILL 3 – Permissible Use of Credit Information by Employers

Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)

Summary: Another attack on Colorado’s at-will employment policy, bill prohibits employers from using employee credit information for employment purposes, except (as amended in Senate Judiciary) for jobs in financial services and defense industries, and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.

Status: Amended and passed (4-3) by Senate Judiciary Feb. 13; calendared for Senate debate.

CCJL Position:  OPPOSE

 

SENATE BILL 35 – Space Flight Liability Limitation

Sponsors: Sen. Mary HODGE (D-Brighton)

Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.

Status: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; awaiting assignment to House committee.

CCJL Position:  SUPPORT

 

SENATE BILL 48 – Cottage Food Licensing and Liability

Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)

Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.

Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; passed Senate 34-1 on Feb. 8; assigned to House Agriculture & Natural Resources.

CCJL Position:  SUPPORT

 

SENATE BILL 70 – Limits on Landlord/Tenant Rental Contracts

Sponsors: Sen. AGUILAR (D-Denver), Rep. Roger Wilson (D-Glenwood Springs)

Summary: Creates right for tenants to sue landlords for failure to act in “good faith.”  Limits right to contract by prohibiting certain provisions, such as leases for more than 12 months or allowing tenant to make certain minor repairs.  Prohibits landlord from terminating rental contract if landlord accepted partial payment and tenant fails to pay balance.  Prohibits security lien against tenant’s household goods.  Requires 60-day notice to terminate monthly lease.  Awards to tenant actual damages plus three months’ rent if landlord’s contract includes prohibited provisions.

Status: Scheduled for hearing in Senate Judiciary on Wed., Feb 22, at 1:30 p.m.

CCJL Position:  OPPOSE

 

SENATE BILL 116 – Bath Salts as Controlled Substances, Deceptive Trade Practices

Sponsors: Sen. Joyce FOSTER (D-Denver), Rep. J. Paul BROWN (R-Durango)

Summary: Establishes criminal penalties for sale of distributing, manufacturing, dispensing or selling cathinones (aka “bath salts”).  Defines sale of product containing cathonines as “bath salts” as a deceptive trade practice.

Status: Scheduled for hearing in Senate Local Government on Tue., Feb. 21, at 2 p.m.

CCJL Position:  MONITOR

 

PASSED/FAILED

HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance

Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)

Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee.  Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.

Status: Killed on 6-5 vote in House Local Government on Feb. 8.

CCJL Position:  OPPOSE

 

HOUSE BILL 1093 – Defective Appliance Replacement

Sponsors: Rep. John SOPER (D-Thornton)

Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.

Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.

CCJL Position:  OPPOSE

 

SENATE BILL 54 – Disciplinary Actions in Health Care Employment

Sponsors: Sen. Betty BOYD (D-Lakewood)

Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.

Status: Killed (7-0, 2 absent) in Senate Health and Human Services on Feb. 16.

CCJL Position:  OPPOSE

 

SENATE BILL 69 – Time Limits for Civil Actions

Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)

Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.

Status: Killed at sponsor’s request (6-0, 1 absent) in Senate Judiciary on Feb. 13.

CCJL Position:  MONITOR

 

INTRODUCED
None

UP IN COMMITTEE THIS WEEK
Mon 2/6 – SB 35 (Support) Space Flight Liability
Wed 2/8 – HB 1057 (Oppose) Replacement Costs for Homeowners Insurance
Thu 2/9 – HB 1116 (Monitor) Time Share Resale Deceptive Trade Practices

HEARD IN COMMITTEE LAST WEEK
No Vote Taken – HB 1036 (Support) Investigation Files & Open Records

ACTIVE BILLS

HOUSE BILL 1036 – Exempt Investigations from Open Records Act
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments.
CCJL Position:  SUPPORT

HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee. Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.
Status: Scheduled for hearing in House Local Government on Wed., Feb. 8, upon adjournment; also assigned to House State, Veterans and Military Affairs committees.
CCJL Position:  OPPOSE

HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices
Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale.  Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.
Status: Scheduled for hearing in House Economic and Business Development on Thu., Feb. 9, 1:30 p.m.
CCJL Position:  MONITOR

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).
Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position:  OPPOSE

HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, the bill prohibits employers from using employee credit information for employment purposes unless employee’s job involves access to money or asset-management decisions and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 13, at 1:30 p.m.
CCJL Position:  OPPOSE

SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position:  SUPPORT

SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; calendared for Senate debate.
CCJL Position:  SUPPORT

SENATE BILL 54 – Anyone Can Call the Shots at this Hospital
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Scheduled for hearing in Senate Health and Human Services on Thu., Feb. 16, at 1:30 p.m.
CCJL Position:  OPPOSE

SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position:  MONITOR

PASSED/FAILED

HOUSE BILL 1093 – Defective Appliance Replacement
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.
CCJL Position:  OPPOSE

TRACKING THE LEGISLATURE

HOUSE BILL 1036 – Exempt Investigations from Open Records Act
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure.  Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Assigned to House Judiciary.
CCJL Position:  SUPPORT

HOUSE BILL 1057 – Higher Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Purporting to provide “additional protections for purchasers of homeowner’s insurance policies,” the bill mandates that homeowners insurance policies cover the replacement value of a home – rather a specific dollar amount selected by the homeowner – and requires that policies provide for at least 24 months of “additional living expenses.”  Of course, more expensive coverage is, well, more expensive.
Status: Assigned to House Local Government and House State, Veterans and Military Affairs committees.
CCJL Position:  OPPOSE

HOUSE BILL 1093 – Defective Toaster Replacement Act
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver?  Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position:  OPPOSE

HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, the bill prohibits employers from using employee credit information for employment purposes unless employee’s job involves access to money or asset-management decisions and allows a person “injured” by a violation to file a lawsuit against the employer.  Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Assigned to Senate Judiciary.
CCJL Position:  OPPOSE

SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Assigned to Senate Judiciary.
CCJL Position:  SUPPORT

SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Assigned to Senate Agriculture & Natural Resources.
CCJL Position:  SUPPORT

SENATE BILL 54 – Anyone Can Call the Shots at this Hospital
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Assigned to Senate Health and Human Services.
CCJL Position:  OPPOSE

SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Assigned to Senate Judiciary.
CCJL Position:  MONITOR