Late-Session Bills

A glance at some measures moving though the Capitol as the session drew to a close

In the final week of the legislature, lawmakers made decisions on approximately 200 bills, with nearly 50 coming in the last day alone before adjournment. 


Here is a sampling of some of the more noteworthy measures making a mad dash to passage — and if they succeeded.

SB 261

Unclaimed Property Trust Fund Transfer

Sponsors: Sens. Dominic Moreno (D) and John Cooke (R)

Status: Introduced April 27, passed May 2

Summary: On July 1, 2019, the bill requires the state treasurer to transfer $30 million from the unclaimed property trust fund to the general fund. The amount transferred constitutes fiscal year spending subject to the state fiscal year spending limit.

HB 1335

Juvenile Record Expungement Clean-Up

Sponsors: Rep. Serena Gonzales-Gutierrez (D) and Rod Bockenfeld (R)

Status: Introduced April 26, passed May 3

Summary: The bill makes changes to the juvenile record expungement provisions. The bill clarifies which dismissals and alternative dispositions are eligible for automatic expungement. It also allows expungement of a diversion record without filing a case and allows a victim an opportunity to object. The bill clarifies when a sentence is complete, which triggers the expungement process. The bill also clarifies that juvenile record expungement applies in municipal court by creating a new section for municipal court expungement.

HB 1334

Ban Posting Images of A Suicide

Sponsors: Rep. Lori Saine (R), Sen. Vicki Marble (R)

Status: Introduced April 26, passed May 3

Summary: The bill prohibits a person from posting or distributing through the use of social media, any website, or other electronic means an image of a minor attempting to commit suicide.

SB 260

Entry Into FPPA Fire and Police Pension Association for Social Security Employers

Sponsors: Sens. Rachel Zenzinger (D) and John Cooke (R), Reps. Kerry Tipper (D) and Colin Larson (R)

Status: Introduced April 25, passed May 2

Summary: Currently, an employer who covers employees under the federal “Social Security Act” whose duties are directly involved with the provision of law enforcement or fire protection may elect coverage under the Social Security supplemental plan established by the fire and police pension association. Under the plan, employees have reduced benefits and employees and employers have reduced contribution rates. The bill authorizes the board of the association to allow an employer that is eligible to participate in the Social Security supplemental plan to alternatively elect to participate in one or more of the defined benefit plans administered by the association, with full benefits and unreduced contribution rates. 

HB 1333

Cigarette Tobacco & Nicotine Products Tax

Sponsors: Rep. Yadira Caraveo (D), Sen. Rhonda Fields (D)

Status: Introduced April 24, stalled in Senate Committee of the Whole

Summary: The bill refers a ballot issue to the voters at the November 2019 statewide election for the following tax increases: to increase the cigarette tax by 8.75 cents per cigarette; to increase the tobacco products tax by 22% of the manufacturer’s list price; and to create a tax on nicotine products that is equal to 62% of the manufacturer’s list price, which is the same total tax as the tax levied on tobacco products with the increase. If voters approve the tax, then the state will have the authority to impose these taxes and retain and spend the revenue as a voter-approved revenue change, and the remainder of the bill takes effect upon approval.

HB 1332

Telephone Users Disabilities Fund Talking Book Library

Sponsors: Rep. Chris Hansen (D), Sen. Rachel Zenzinger (D)

Status: Introduced April 24, passed May 3

Summary: The bill authorizes the use of money in the Colorado Telephone Users With Disabilities Fund to support talking book library services for persons who are blind and have physical disabilities. It also appropriates $250,000 from the fund to the Department of Regulatory Agencies and reappropriates that amount to the Department of Education for furnishing library services to people with disabilities, including talking book library services.

HB 1331

Remove Limitation on Evidencebased Practices Implementation for Capacity Resource Center Collaboration

Sponsors: Reps. Chris Hansen (R) and Kim Ransom (R), Sen. Bob Rankin (R)

Status: Introduced April 24, passed May 3

Summary: In the Division of Criminal Justice there is the Evidence-Based Practices Implementation for Capacity Resource Center. The center’s role is to develop and sustain effective implementation frameworks to support the use of evidence-based practices for both juvenile and adult populations in the criminal justice system. 

Current law requires the center to collaborate with the Department of Public Safety, the Department of Corrections, the Department of Human Services, and the Judicial Department. The bill removes the limit on the departments with which the center can collaborate.

HB 1329

Wholesale Sales Agricultural Fertilizer Tax Exempt

Sponsors: Reps. Jeni Arndt (D) and Hugh McKean (R), Sens. Jerry Sonnenberg (R) and Leroy Garcia (D)

Status: Introduced April 23, passed May 3

Summary: Wholesale sales are not subject to sales and use taxes. The bill includes sales of fertilizer used in the production of agricultural and livestock products in the definition of “wholesale sales” for sales and use tax purposes. The bill further specifies that, for purposes of defining a wholesale sale, spray adjuvants may be sold for use in the production of agricultural and livestock products.

HB 1330

Exempt Hair Drying Services From Department of Regulatory Agencies Regulation

Sponsors: Rep. Jeni Arndt (D), Sen. Kevin Priola (R)

Status: Introduced April 23, stalled before Senate second reading

Summary: The bill exempts from licensure by the director of the Division of Professions and Occupations in the Department of Regulatory Agencies a person who engages only in hair drying services, which services include drying, styling, arranging, curling, hot ironing or cleansing hair.

SB 259

Use CSP II to House Inmates in an Emergency

Sponsors: Sens. Leroy Garcia (D) and Dennis Hisey (R), Reps. Leslie Herod (D) and James Wilson (R)

Status: Introduced April 22, stalled after Senate did not concur with House amendments

Summary: Under current law, the Centennial south campus of the Centennial Correctional Facility is not available to house inmates. The bill allows CSP II to be used to house inmates when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for 2 consecutive months. The bill also requires the Department of Corrections to do a prison population management study and report its findings to the Joint Budget Committee and Judiciary Committees of the Senate and the House of Representatives, or any successor committees, by December 1, 2019.

SB 257

Protect CollegeInvest

Sponsors: Sen. Brittany Petterson (D), Reps. Bri Buentello (D) and Lisa Cutter (D) 

Status: Introduced April 22, stalled at House Committee of the Whole

Summary: The federal “Tax Cuts and Jobs Act,” which became law in December 2017, added distributions for elementary or secondary school expenses as qualified distributions from a qualified state tuition program, also known as a 529 account, thereby allowing, on the federal level, income tax-free distributions for elementary and secondary school expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill amends Colorado law to ensure that a taxpayer may not claim a deduction for contributions to qualified state tuition programs for elementary or secondary school expenses and clarifies that such expenses are not qualified distributions.

SB 258

Child Welfare Prevention and Intervention Funding

Sponsors: Sen. Bob Rankin (R), Rep. Daneya Esgar (D)

Status: Introduced April 22, passed April 30

Summary: The bill extends the repeal date of the Title IV-E waiver demonstration project by one year to June 30, 2020. The bill clarifies provisions relating to the annual close-out process for small- and medium-sized counties and for all counties, including provisions relating to the allocation of unspent appropriations. The bill also creates two accounts within the Child Welfare Prevention and Intervention Services Cash Fund and relocates general provisions relating to the fund within the statute. The bill clarifies that all money in the fund must be used for the delivery of child welfare prevention and intervention services that have been approved by the Department of Human Services.

SB 001

Expand Medication-Assisted Treatment Pilot Program

Sponsors: Sen. Leroy Garcia (D), Rep. Bri Buentello (D)

Status: Sent to the governor May 3

Summary: The bill expands an existing pilot program to offer medication-assisted treatment to opioid dependent patients the counties in the San Luis valley and two additional counties. The bill also increases the appropriation for the program and extends it an additional two years. 

SB 170

Inquiry Into College Applicant Criminal History

Sponsors: Sens. Robert Rodriguez (D) and Jack Tate (R) and Reps. Leslie Herod and Matt Soper (R)

Status: Sent to the governor May 2

Summary: The bill prohibits a state institution of higher education from inquiring about an applicant’s criminal history or disciplinary history at an elementary, secondary or postsecondary institution prior to admission except that the institution may inquire about any pending criminal charges against the applicant or an applicant’s prior convictions or disciplinary history for certain crimes.

SB 005

Import Prescription Drugs From Canada

Sponsors: Sens. Robert Rodriguez (D)  and Joann Ginal (D), Rep. S. Jacquez Lewis ((D)

Status: Passed May 2

Summary: The bill creates the “Colorado Wholesale Importation of Prescription Drugs Act,” under which the Department of Health Care Policy and Financing shall create a program to import prescription pharmaceutical products from Canada for sale to Colorado consumers. 

HB 1219

Child Welfare Permanency Planning

Sponsors: Rep. Serena Gonzales-Gutierrez (D), Sen. Larry Crowder (R)

Status: Sent to the governor May 2

Summary: The bill repeals and reenacts the provisions related to child welfare permanency hearings to reorganize the statutes and use consistent terminology related to permanency hearings. The bill clarifies the burden of proof at permanency hearings. The bill includes recent federal law changes.

HB 1196

Financial Aid For Students With 

In-state Tuition

Sponsor: Rep. Serena Gonzales-Gutierrez (D)

Status: Sent to the governor May 2

Summary: The bill makes students who do not have lawful immigration status but who were educated in Colorado public schools eligible for in-state student financial assistance programs.

HB 1031

Child Patient More Than One Primary Caregiver

Sponsor: Rep. Matt Gray (D), Sen. Julie Gonzales (D)

Status: Sent to the governor May 2

Summary: The bill makes sexceptions to current law to allow a medical marijuana under 18 years of age eligible to have each parent or guardian to serve as a primary caregiver. The bill also clarifies that if the patient is under the jurisdiction of the juvenile court, the judge presiding over the case may determine who is the juvenile’s primary caregiver.

HB 1118

Time Period To Cure Lease Violation

Sponsors: Reps. Dominique Jackson (D) and Rose Galindo, Sen. Angela Williams (D)

Status: Sent to the governor May 2

Summary: The bill requires a landlord to provide a tenant 10 days to cure a violation for unpaid rent or for a first violation with exceptions. For a nonresidential agreement or an employer-provided housing agreement, three days’ notice is required to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement or to terminate a lease for a subsequent violation of the same condition or covenant.

HB 1004

Proposal for Affordable Health Coverage Option

Sponsors: Reps. Dylan Roberts (D) and Marc Catlin (R)

Status: Sent to the governor May 2

Summary: The bill requires the Department of Health Care Policy and Financing and the Division of Insurance in the Department of Regulatory Agencies to develop a proposal concerning the design, costs, benefits and implementation of a state option for health care coverage.

SB 188

Family Medical Leave Insurance Program

Sponsors: Sens. Faith Winter (D) and Angela Williams (D), Reps. Matt Gray (D) and Rose Duran (D)

Status: Passed May 1

Summary: The bill creates a study of the implementation of a paid family and medical leave program in the state.

HB 1217

PERA Public Employees’ Retirement Association Local Government Division Member Contribution Rate

Sponsor: Rep. KC Becker (D), Sens. Lois Court (D) and Jack Tate (R)

Status: Sent to the governor April 29

Summary: During the 2018 legislative session, the General Assembly enacted a bill to make modifications to the PERA hybrid defined benefit plan to eliminate the unfunded liability of the plan within the next 30 years. The bill eliminates a 2% increase in the member contribution rate for members in the local government division of PERA.

HB 1030

Unlawful Electronic Sexual Communication

Sponsors: Reps. Matt Soper (R) and Dylan Roberts (R)

Status: Governor signed May 6

Summary: The bill creates the crime of unlawful electronic sexual communication.

HB 1220

Court Facility Dog During Witness Testimony

Sponsor: Rep. Tom Sullivan (D), Sen. Rhonda Fields (D)

Status: Sent to the governor April 29

Summary: The bill allows a court, upon motion of a party or upon its own motion, to allow a witness to testify during criminal proceedings while a court facility dog is in the courtroom if certain conditions are satisfied.

HB 1149

Age of Delinquency Study

Sponsor: Rep. Serena Gonzales-Gutierrez (D)

Status: Sent to the governor April 29

Summary: The bill directs the Colorado commission on criminal and juvenile justice to study using juvenile justice services and systems for adults 18 through 24 years of age. 

HB 1092

Animal Ban for Cruelty To Animals Conviction

Sponsor: Rep. Alex Valdez (D), Sen. Joann Ginal (D)

Status: Sent to the governor April 29

Summary: The bill requires a court to enter an order prohibiting a person convicted of felony animal cruelty from owning a pet animal for a period of 3 to 5 years and a juvenile adjudicated a delinquent for an animal cruelty crime from owning a pet animal.

HB 1025

Limits on Job Applicant Criminal History Inquiries

Sponsors: Reps. Jovan Melton (D) and Leslie Herod (D), Sens. Mike Foote (D) and Robert Rodriguez (D). 

Status: Sent to the governor April 29

Summary: The bill would prohibit employers from advertising that a person with a criminal history may not apply for a position; placing a statement in an employment application that a person with a criminal history may not apply for a position; or inquiring about an applicant’s criminal history on an initial application. An employer may obtain a job applicant’s criminal history at any time. 

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