Legislation and Issues

INTRODUCED
HB 1352 – Lower North Fork Wildfire Commission

THIS WEEK
4/30 HOU Judiciary – HB 1352 (CCJL Monitor) Lower North Fork Wildfire Commission

LAST WEEK IN COMMITTEE
Passed (7-0) SEN Judiciary – HB 1036 (CCJL Supports) Open Records Clarification

THIRD READING VOTES

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; amended and passed (7-0) by Senate Judiciary on April 24; calendared for Senate debate beginning April 27.
CCJL Position:  SUPPORT

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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; passed (33-0, 2 excused) Senate on March 27; on House calendar for consideration of Senate amendments.
CCJL Position:  SUPPORT

HOUSE BILL 1300 – Re-Authorize Professional Review Act
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Irene AGUILAR (D-Denver)
Summary: Re-authorizes the Colorado Professional Review Act to provide for peer review of physician conduct and practices through 2019.  Adds physician assistants and advanced practice nurses to CPRA.  As amended in House, codifies Colorado Court of Appeals decision regarding confidentiality of CPRA deliberations and immunity from liability.
Status: Passed (11-0) House Judiciary Committee on March 1; passed (65-0) House on March 19; assigned the Senate Health and Human Services on March 20.
CCJL Position:  SUPPORT

HOUSE BILL 1352 – Lower North Fork Wildfire Commission
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Bill CADMAN (R-Colorado Springs)
Summary: Creates Lower North Fork Wildfire Commission to hear claims against the state by people who suffered personal or property damage or loss of life during Lower North Fork wildfire..
Status: Scheduled for hearing in Senate Judiciary on Monday, April 30, at 1:30 p.m.
CCJL Position:  MONITOR

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; SIGNED by Governor on April 19.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; SIGNED by Governor on March 15.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; assigned to House Judiciary.
CCJL Position:  MONITOR

Tracking the Legislature

LAST WEEK IN COMMITTEE
Killed (7-0) SEN Judiciary – SB 153 (CCJL Oppose) Limitations on Protective Orders

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; not re-scheduled as of April 8.
CCJL Position:  SUPPORT

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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; passed (33-0, 2 excused) Senate on March 27; on House calendar for consideration of Senate amendments.
CCJL Position:  SUPPORT

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; awaiting consideration by Governor.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; SIGNED by Governor on March 15.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; assigned to House Judiciary.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Killed (7-0) in Senate Judiciary on April 9 at sponsor’s request.
CCJL Position:  OPPOSE

THIS WEEK
4/9 SEN Judiciary – SB 153 (CCJL Oppose) Limitations on Protective Orders

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; not re-scheduled as of April 8.
CCJL Position:  SUPPORT

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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; passed (33-0, 2 excused) Senate on March 27; on House calendar for consideration of Senate amendments.
CCJL Position:  SUPPORT

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; awaiting consideration by Governor.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; SIGNED by Governor on March 15.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; assigned to House Judiciary.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Scheduled in Senate Judiciary Monday, April 9, 1:30 p.m.
CCJL Position:  OPPOSE

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

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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; passed (42-21) House on March 12; killed (4-) in Senate Judiciary on March 21.
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: Killed (6-3) in House State, Veterans and Military Affairs on March 7.
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: Killed (7-5) in House Economic and Business Development on Feb. 21.
CCJL Position:  OPPOSE

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Steve KING (R-Grand Junction)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Passed (6-4) House Judiciary March 8; passed initial House vote on March 23; killed (32-30) in House on March 28.
CCJL Position:  SUPPORT

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; amended and passed (20-15) by Senate; killed in House Local Government on March 19.
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

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken;
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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; passed (42-21) House on March 12; killed (4-) in Senate Judiciary on March 21.
CCJL Position:  MONITOR

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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; calendared for Senate debate.
CCJL Position:  SUPPORT

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Steve KING (R-Grand Junction)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Passed (6-4) House Judiciary March 8; passed initial House vote on March 23; final House vote pending.
CCJL Position:

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; amended and passed (20-15) by Senate; killed in House Local Government on March 19.
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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; awaiting consideration by Governor.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; scheduled for hearing in House Judiciary on Tue., March 27, 1:30 p.m.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Originally scheduled in Senate Judiciary on Feb. 29, but removed from calendar; not yet rescheduled.
CCJL Position:  OPPOSE

INTRODUCED

THIS WEEK
3/19 HOU Local Govt – SB 3 (CCJL Opposes) Use of Credit Info by Employers
3/20 SEN Local Govt – HB 1244 (CCJL Monitor) Local Govt Immunity Claims Service
3/21 SEN Judiciary – HB 1036 (CCJL Supports) Open Records Clarification
3/21 SEN Judiciary – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

LAST WEEK IN COMMITTEE

THIRD READING VOTES
PASSED (42-21) – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5; scheduled for hearing in Senate Judiciary on Wed., March 21.
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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; passed (42-21) House on March 12.
CCJL Position:  MONITOR

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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; scheduled for hearing in Senate Local Government on Tue., March 20, 2 p.m.
CCJL Position:  MONITOR

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Passed (6-4) House Judiciary March 8; calendared for House debate.
CCJL Position:  SUPPORT

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; amended and passed (20-15) by Senate; scheduled for hearing in House Local Government on Monday, March 19, 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: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; passed (10-0) House Judiciary on March 8; passed preliminary House vote on March 16; scheduled for final House vote on March 19.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; awaiting consideration by Governor.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Originally scheduled in Senate Judiciary on Feb. 29, but removed from calendar; not yet rescheduled.
CCJL Position:  OPPOSE

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

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: Killed (6-3) in House State, Veterans and Military Affairs on March 7.
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: Killed (7-5) in House Economic and Business Development on Feb. 21.
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

LAST WEEK IN COMMITTEE
KILLED (6-3) – HB 1128 (CCJL Opposes) Bikers and Veterans Unconventional Attire
PASSED (4-1) – SB 70 (CCJL Opposes) Limitations on Rental Contracts
PASSED (10-0) – SB 35 (CCJL Supports) Limits on Space Flight Liability
PASSED (6-4) – HB 1305 (CCJL Supports) Statutory Interest Rates

THIRD READING VOTES
PASSED (64-1) – HB 1036 (CCJL Supports) Open Records Act Clarification
PASSED (53-12) – SB 48 (CCJL Supports) Cottage Foods Liability
PASSED (35-0) – SB 116 (CCJL Monitor) Deceptive Trade Practices “Bath Salts”

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House (64-1) on March 5.
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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; passed House on voice vote on March 9; calendared for final vote on March 12.
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: Killed (6-3) in House State, Veterans and Military Affairs on March 7.
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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; scheduled for hearing in Senate Local Government on Tue., March 20.
CCJL Position:  MONITOR

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Passed (6-4) House Judiciary March 8; calendared for House debate.
CCJL Position:  SUPPORT

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; amended and passed (20-15) by Senate; assigned to House Local Government.
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; passed (10-0) House Judiciary on March 8; calendared for House debate.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; awaiting consideration by Governor.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; awaiting committee assignment in House.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Originally scheduled in Senate Judiciary on Feb. 29, but removed from calendar; not yet rescheduled.
CCJL Position:  OPPOSE

INTRODUCED

THIS WEEK
3/7 HOU SVM Affairs – HB 1128 (CCJL Opposes) Bikers and Veterans Unconventional Attire
3/7 SEN Judiciary – SB 70 (CCJL Opposes) Limits on Landlord/Tenant Contracts
3/8 HOU Judiciary – HB 1305 (CCJL Supports) Statory Interest Rates
3/8 HOU Judiciary – SB 35 (CCJL Supports) Limits on Space Flight Liability

LAST WEEK IN COMMITTEE
PASSED (12-0) – SB 48 (CCJL Supports) Cottage Foods Liability
PASSED (9-0) – SB 116 (CCJL Monitor) “Bath Salts” Deceptive Trade Practices
NO ACTION TAKEN – SB 70 (CCJL Opposes) Limitations on Rental Contracts
RESCHEDULED – SB 153 (CCJL Opposes) Limitations on Protective Orders

THIRD READING VOTES
PASSED (64-0) – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; passed House on preliminary vote on March 2; calendared for final vote on March 5.
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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; calendared for House debate.
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: Scheduled for hearing in House State, Veterans and Military Affairs on Wed., March 7, 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: Amended and passed (11-0) by House Local Government on Feb. 22; passed (64-0, 1 excused) by House on Feb. 28; assigned to Senate Local Government.
CCJL Position:  MONITOR

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Scheduled for hearing in House Judiciary on Thu., March 8, 1:30 p.m.
CCJL Position:  SUPPORT

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; amended and passed (20-15) by Senate; assigned to House Local Government.
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; scheduled for hearing in House Judiciary on Thu., March 8, 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; passed Senate 34-1 on Feb. 8; amended and passed 12-0 by House Agriculture & Natural Resources; passed House on preliminary vote on March 2; calendared for final vote on March 5.
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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled; scheduled in Senate Judiciary on March 7 for action only.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; passed (9-0) Senate Appropriations on March 2; calendared for Senate debate.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Scheduled in Senate Judiciary on Feb. 29 but not heard.
CCJL Position:  OPPOSE

Tracking the Legislature
INTRODUCED
HB 1305 – Statutory Interest Rate Linked to Commercial Rate (CCJL Supports)
SB 153 – Limitations on Protective Orders (CCJL Opposes)

THIS WEEK
2/27 HOU Ag Natl Res – SB 48 (CCJL Supports) Cottage Foods Liability
2/27 SEN Judiciary – SB 70 (CCJL Opposes) Limitations on Rental Contracts
2/29 SEN Judiciary – SB 153 (CCJL Opposes) Limitations on Protective Orders

LAST WEEK IN COMMITTEE
PASSED (12-0) – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices
KILLED (5-7) – HB 1134 (CCJL Opposes) Limitation on Employer Speech Rights
PASSED (5-0) – SB 116 (CCJL Monitor) Cathonines as “Bath Salts”
PASSED (11-0) – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service
NO ACTION TAKEN – SB 70 (CCJL Opposes) Limitations on Rental Contracts
PASSED (8-1) – HB 1036 (CCJL Supports) Open Records Act Clarification

THIRD READING VOTES
PASSED (20-15) – SB 3 (CCJL Opposes) Use of Credit Information by Employers

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; calendared for House debate.
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: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; calendared for House debate.
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 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: Amended and passed (11-0) by House Local Government on Feb. 22; calendared for House debate.
CCJL Position:  MONITOR

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Assigned to House Judiciary.
CCJL Position:  SUPPORT

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; amended and passed (20-15) by Senate; assigned to House Local Government.
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; assigned to House 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: 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: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled.
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: Amended and passed (5-0) by Senate Local Government on Feb. 21; referred to Senate Appropriations.
CCJL Position:  MONITOR

SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary:  Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future.  Would apply to private materials obtained in discovery or included in settlements.
Status: Assigned to Senate Judiciary.
CCJL Position:  OPPOSE

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

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: Killed (7-5) in House Economic and Business Development on Feb. 21.
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

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