D
espite adjourning quietly late on Friday afternoon,
the 2019 legislative session will be remembered
for a number of bitter legislative battles and some
big victories for Democrats. When the Colorado
General Assembly convened in January, no one would have
predicted the number of legislative hearings that would go late
into the night throughout the 120 days. Tensions rose quickly as
early in-session battles, like National Popular Vote and Sexual
Education, caused consternation between caucuses. Senate
Republicans scored a victory when a Colorado Court ruled
that Democrats could not use a computer to read bills at length
illegibly. This verdict allowed Republicans to drag out debate,
often for hours, slowing the session to a snail's pace. Numerous
committee hearings and committee of the whole debates
stretched until midnight, with some going into the wee hours
of the morning, 2 a.m., 4 a.m. and a record-breaking 5:30 a.m.
The final week saw an unprecedented backlog of bills, which
miraculously cleared by the final day.
In this team's experience, there has not been a more
challenging session for Colorado businesses as 2019. Numerous
bills were introduced mandating how employers must publish
new job postings and conduct employment interviews, allowing
local governments to raise the minimum wage beyond the
state's minimum wage, and specifying what retirement and
family-leave benefits employers have to offer their employees.
During these very important legislative battles, the policy
discussion often turned into a debate on what role or how much
of a role government should have in protecting workers.
Three issues passed and signed by the Governor are
currently the subjects of citizen-initiated petition or recall
drives. The hard-fought oil & gas legislation granting local
governments more control over the specifics of drilling
operations consumed many days of the limited 120-day
schedule. In the end, the bill made it to the Governor's desk,
but battle scars remain and efforts to recall legislators who
supported the measure are underway. Colorado's passage of a
bill on National Popular Vote spurred a petition effort to repeal
the legislation and will likely be on the ballot in November of
2020. The Governor also signed the Emergency Protection
Order (ERPO) or "red flag" gun bill. The bill gives judges the
power to temporarily remove firearms from people believed
to be a threat to themselves or others. Passage of restrictions
on "gun control" in the past led to the recall of two Colorado
legislators, one the sitting Senate President, and the resignation
of a third, which cost Democrats the Majority of the Senate at
the time.
In the end, when the dust finally settled late afternoon on
Friday the 3rd of May, most of the legislative business had been
completed. Here's a recap of some of the most debated issues:
OIL & GAS LOCAL CONTROL
PRIORITY BILLS
HB 19-1075 (Wilson) Tax Credit Employer-assisted
Housing Pilot Program
This bill attempted to create an income tax credit for taxpayers
who provide donations to non-profit sponsors of employer-
assisted housing projects in rural areas of the state. The credit
would be calculated as 20 percent of the amount donated to a
sponsor to be used for costs associated with employer-assisted
housing projects for employees with incomes of less than 120
percent of area median household income. The credit was limited
to $400 per taxpayer and is nonrefundable, meaning it is limited
to the taxpayer's income tax liability. The bill failed to progress
past its first committee of reference.
Position: Support
Outcome: Died on Calendar
HB 19-1085 (Exum/Zenzinger) Grants for Property Tax
Rent & Heat
Under current law, Colorado residents over the age of 65 are
eligible for a property tax and rent assistance rebate grant and
a heat and fuel expenses rebate grant, if they meet certain
conditions. These are commonly known as the PTC rebates. This
bill increases the minimum and maximum rebate amounts and
eligible income requirements by five percent and removes the
requirement that the payment of rent only qualifies for a rent
rebate if the rent is paid to a landlord that pays property taxes.
Position: Monitor
Outcome: Passed House & Senate
Effective Date: August 2, 2019
HB 19-1106 (Titone, Gonzales-Gutierrez/Pettersen)
Rental Application Fee
This bill prohibits a landlord from charging a rental application
fee unless the entire amount of the fee is used to cover the
landlord's cost to process a rental application, such as the cost
to conduct a personal reference check or to obtain a consumer
credit report. Landlords may not charge two or more prospective
tenants a different amount for applications to rent the same
property. Landlords must provide each prospective tenant with
written notice of the tenant selection criteria, and the grounds
upon which a rental application may be denied, prior to charging
an application fee. Additionally, this bill requires that a landlord
provide a prospective tenant with specified notifications if the
landlord rejects or places additional requirements in a rental
application (adverse action) after reviewing and evaluating
the rental application. The sponsors of this bill spent a lot of
time working with the Apartment Association to address our
concerns. We successfully negotiated a number of amendments
to make this bill more palatable.
Position: Amend
Outcome: Signed by Governor
Effective Date: August 2, 2019
SB19-181 took up a great deal of time in the middle of
the session as industry combated with leadership and the
Polis Administration on how best to allow local governments
more authority over oil and gas operations, without shutting
www.aamdhq.org
JUNE 2019
TRENDS | 31