SB 18-198 is language pursued by the Colorado Licensed Beverage Association that was roundly rejected in interim stakeholder discussions. While various industry players have objections to the bill because it changes aspects of SB 16-197, CML’s opposition is narrowly tailored to the burden that would be placed on municipalities in two ways:
CML members are working within the narrow constraints of the statutes as they were amended by SB 16-197. Only a slight course correction is needed to ensure proper local control over new fermented malt beverage licenses once the can sell malt liquor starting on January 1, 2019. SB 18-198 goes too far beyond that course correction. Testimony was taken on the bill in committee, and then it was laid over for later action.
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. Several municipal judges and CML staff have met multiple times with the sponsor and bill proponents. The conversation is thoughtful and we appreciate the willingness of the sponsor to hear our concerns. Unfortunately, the proposed amendments to HB 18-1089 did not solve all of CML's concerns. Ultimately, HB 18-1089 passed the House Judiciary Committee, as amended, on a party-line vote. On 3rd reading, the bill sponsor asked to send HB 18-1089 back to 2nd reading for a substantial amendment. The amendment affects individuals with multiple DUIs and does not solve CML's concerns. After passing the House, HB 18-1089 was introduced in the Senate and assigned to State, Veterans & Military Affairs.
SB 18-233 makes changes to Title 1 of Colorado Revised Statutes to update elections laws. Four sections of the bill as introduce apply to deadlines in coordinated elections:
SB 18-192 specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value. It is identical to HB 18-1150, which CML also opposed. That bill was postponed indefinitely by the House State, Veterans & Military Affairs Committee on March 7.
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 passed Senate and was recently introduced in the House. In the Senate, the bill was amended to eliminate the employer contribution increase in all divisions in and made conforming changes. CML had asked for this change for the Local Government Division, as well as a reduction in the employee contribution increase in the Local Government Division from 3% to 1%. As amended, the bill would only increase the Local Government Division’s time frame for 100% funded status from 15 years to 17 years. Cutting the employee increase to 1% would extend the time frame only three additional years. CML moved to support and has continued to work on reducing the employee contribution increase. The House Finance Committee substantially changed the bill.
The amendments are significant and represent a departure from the Senate version. Notable are the following changes:
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.
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: