With CML’s support, legislation was passed to outlaw internet sweepstakes cafés that were operating in municipalities outside of the constitutionally approved cities Black Hawk, Central City, and Cripple Creek. Though that legislation passed in 2015, there are still entities operating that argue the current statute is too vague to apply to internet sweepstakes cafes because they are “games of skill.” HB 18-1234 further clarifies that internet sweepstakes cafes are illegal gambling. There has been robust discussion around the bill as individuals that have already set up and invested in these businesses have opposed this legislation. From CML's perspective, the constitution is clear, and that is why we continue to support HB 18-1234.
Last session the Colorado General Assembly attempted to broker a bipartisan agreement on "forced pooling" the process in which an oil and gas operator can apply to the Colorado Oil and Gas Conservation Commission (COGCC) for a permit to compel non-consenting mineral owners within a specified drilling unit to produce their minerals. Although the bill ultimately died in the senate, it was evident that there were a number of core principles that both parties agreed upon - namely an increase in the notification period to non-consenting owners prior to a COGCC hearing from 30 days to 60 days and increased transparency measures that provides mineral owners a clear understanding of the process and their rights.
This year, through SB 18-230, the Colorado General Assembly is again attempting to broker an agreement on this issue and these provisions are included in this year's legislation. The bill also attempts to address a number of other issues as well including increasing a non-consenting owners share or production costs and royalty payments and exemptions from any liability costs associated with the mineral development.
Although CML is currently neutral on this issue, we are committed to supporting a bipartisan solution that helps protect the property rights of municipalities who own mineral interests. We will continue to work toward a solution with this end in mind and will support HB 18-230 when we see that the legislation meets this threshold.
SB 18-200 ultimately passed late on the last day of the session. CML will have a detailed breakdown of the bill's impacts on our PERA-member municipalities, including an error in the final form of the legislation that will inadvertently increase employee contributions starting in July 2019 without a fix early in the 2019 session:
The final summary of the bill with that component looks like this:
Colorado Attorney General is charged with enforcing the Consumer Protection
Act. The Attorney General’s Office (AGO)
put forward the proposed changes in HB 18-1128 to provide updates to the Act to
adopt best practices in the management of personally identifiable information (PII)
in light of recent data breaches reported in national news outlets (for eg.
Equifax) legislation. HB 18-1128 as amended and passed the House would require public and private
entities in Colorado that collect PII to:
We still have questions the implementation of the statutory duties in the
amended bill (which overlays with the other federal, state, and local requirements
that we already follow), but note that the amendments adopted on second reading in the House reflect some of the feedback the League and other groups provided about providing notice in light of other considerations (aka, fixing the data breach first). Therefore, the addition of language in the amendments that passed the house that provide that notice must be made "consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach to restore the reasonable integrity of the computerized data system" will make the bill better reflect best practices in managing data breaches.