The CML Executive Board previously approved CML-initiated legislation to allow for more restrictions on fermented malt beverage (FMB) licenses issued on or after Jan. 1, 2019. On that date, all FMB licensees will be allowed to sell malt liquor (full-strength beer and equivalents). Since that time, staff has confirmed the legislation will have compromise language from multiple sources. Staff met with both sponsors, who agreed to include the CML language with some minor changes. On Feb. 7, an initial draft was distributed and a stakeholder meeting was held on Feb. 12. The draft represents a significant departure from current law, and drew significant opposition from grocery stores and convenience stores, as expected. The League is concerned that
nothing will happen and we will have to try to get our own legislation
HB 18-1089 proposes
monetary bond and bail reform. This includes removing monetary bail for municipal
ordinance violations, petty offenses, and certain low level misdemeanors. CML
recognizes that criminal justice reform is a national movement and an important
conversation. Several municipal judges and CML staff are already working with
the ACLU on potential monetary bond and bail reform in municipal courts and we
are happy to continue that conversation. Our concern with HB 18-1089 is that,
if passed, this legislation will leave municipal courts with zero remedies to
incentivize individuals that frequently fail to appear in court to appear. Aurora Judge Shawn Day and Lakewood Judge Anne Stavig joined CML staff at a meeting with Rep. Adrienne Benavidez (D-Commerce City), the bill sponsor. The conversation is thoughtful and we appreciate the willingness of the sponsor to hear our concerns. Rep. Benavidez will gather a meeting with all stakeholders to discuss potential amendments to HB 18-1089. Whether they will get CML to a neutral position remains to be seen.
While a final form of draft legislation is not yet available, staff believes the latest draft presents enough detail to make a recommendation. The bill would apply to both medical marijuana and retail marijuana establishments. In local jurisdictions that have medical and/or retail marijuana and that opt-in to the statute by either adopting and ordinance or that have a successful initiative or referendum, “medical marijuana accessory establishments” and/or “marijuana accessory establishments” would be permitted. While the optional nature of the establishments is preferable, CML has flagged a number of issues of concern on operational aspects of the bill, including:
Even though the intent of the legislation is to create an option, CML is currently opposed to the current draft unless amended, given the number of issues that still need to be resolved.
Last March, the Colorado Court of Appeals ruled in Martinez v. the COGCC that the
general health, safety and welfare of Colorado residents is a condition “that
must be fulfilled” before oil and gas activity is permitted. HB 18-1071
codifies this ruling in statute.
Some of CML’s 27 PERA-member municipalities have participated in discussions since October with the goal of arriving at specific advocacy recommendations. The discussion was based on comparisons between the PERA Board proposed legislative package and Gov. John Hickenlooper’s proposed package as outlined in his Nov. 1 budget request to the state Joint Budget Committee.
Based on recommendations from the PERA Member Municipality Committee, CML has established the following policy positions on any proposed 2018 PERA reform bills:
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 introduced required private
entities in Colorado that collect PII to:
While we may have questions about implementation of the statutory duties in the
amended bill (which overlays with the other federal, state, and local requirements
that we already follow) we believe that Colorado’s
municipalities take their records custodial duties, including the protection of
HB 18-1022, which passed unanimously out of the House Business Affairs and Labor Committee on January 18, directs the Department of Revenue to issue a request for information (RFI) to
must respond with the understanding that there
representatives on the task force worked with legislators to include strong
recognition of home rule authority in the RFI process. Responses to the RFIs could provide useful
information about cost and feasibility of vendor solutions.
SB18-009 declares that
consumers of electricity have a right to install, interconnect, and use
electricity storage systems on their property, and that this will enhance the
reliability and efficiency of the electric grid, save money, and reduce the
need for additional electric generation facilities. The bill directs the PUC to
adopt rules governing the installation, interconnection, and use of
customer-sited distributed electricity storage systems.
HB 18-1008 creates several new funding and enforcement
mechanisms to support Colorado’s Division of Parks and Wildlife’s Aquatic Nuisance
Species Program. Specifically the bill: