Making Higher Education Attainable Interim Study Committee. The bill requires an existing council charged with looking at general education courses (council) to implement a plan for determining and awarding academic credit for postsecondary education based on work-related experience.

Furthermore, state institutions of higher education (institutions) are required to evaluate student learning from work-related experience and award appropriate academic credit for the experience. Also, institutions shall accept and transfer academic credit awarded for work-related experience as courses with guaranteed-transfer designation, unless the council creates a plan concerning awarding and transferring academic credit for work-related experience for courses with guaranteed-transfer designation.
(Note: This summary applies to this bill as introduced.)

Sales and Use Tax Simplification Task Force. The bill continues the sales and use tax simplification task force for 5 years, modifies the task force's duties, and removes the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sales tax - state GIS database - hold harmless provision for vendors who use the database. The act:

• Establishes a hold harmless provision for vendors who use the state's geographic information system database (GIS database) to determine the jurisdictions to which sales or use tax is owed and to calculate appropriate sales or use tax rates for individual addresses;
• Requires the department of revenue to notify vendors when the GIS database is online, tested, and verified by the department of revenue to be operational, supported, and available for use;
• Specifies that the notification to vendors may be provided in any way that the department of revenue deems appropriate and must be accomplished within existing resources;
• Requires the department of revenue to ensure that the GIS database data is at least 95% accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy;
• Requires the executive director of the department of revenue to promulgate rules for the administration and use of the GIS database;
• Specifies that the statutory section regarding certified address location databases used for collecting and remitting sales and use tax is repealed 90 days after the date that the revisor of statutes is notified by the department of revenue that a geographic information system that meets the defined scope of work set forth in the request for solicitation is online, tested, and verified by the department of revenue to be operational, supported, and available for use; and
• Requires the department of revenue to notify the revisor of statutes no later than 15 days after such a system is online, tested, and verified by the department of revenue to be operational, supported, and available for use.
  (Note: This summary applies to this bill as enacted.)

In a construction contract of at least $150,000, the bill requires:

• A property owner to make partial payments to the contractor of any amount due under the contract at the end of each calendar month or as soon as practicable after the end of the month;
• A property owner to pay the contractor at least 95% of the value of satisfactorily completed work;
• A property owner to pay the withheld percentage within 60 days after the contract is completed satisfactorily;
• A contractor to pay a subcontractor for work performed under a subcontract within 30 calendar days after receiving payment for the work, not including a withheld percentage not to exceed 5%;
• A subcontractor to pay any supplier, subcontractor, or laborer who provided goods, materials, labor, or equipment to the subcontractor within 30 calendar days after receiving payment under the subcontract; and
• A subcontractor to submit to the contractor a list of the suppliers, sub-subcontractors, and laborers who provided goods, materials, labor, or equipment to the subcontractor for the work.

The bill does not apply to contracts with public entities or to a contract concerning one multi-family dwelling of no more than 4 units or one single-family dwelling. A person who fails to make a required payment must pay 1.5% interest per month until the debt is fully paid. In a lawsuit to enforce the bill, the prevailing party is awarded attorney fees and costs.

(Note: This summary applies to this bill as introduced.)

The bill prohibits an employer from terminating an employee for the employee's lawful off-duty activities that are lawful under state law even if those activities are not lawful under federal law.
(Note: This summary applies to this bill as introduced.)

The bill grants a board of county commissioners the authority to license and regulate any business located or business activity occurring within the county, including short-term lodging rentals or advertising for such rentals, an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill:

• Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid ( section 1 );
• Adds guardian and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 2 );
• Requires a claimant for mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred and requires the employer or insurer to pay or dispute mileage within 30 days of submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 2 and 7 );
• Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 3 );
• Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 4 );
• Adds the conditions that, in order for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI), an examining physician must serve a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report ( section 5 );
• Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 6 );
• Prohibits an employer or insurer from withdrawing an admission of liability 2 years after the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 );
• Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 );
• Clarifies the scope of authority of prehearing administrative law judges ( section 9 );
• Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2021 ( section 11 ); and
• Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).
  (Note: This summary applies to this bill as introduced.)

Interior design work is exempted from the types of work regulated under the laws governing the practice of architecture. The bill modifies the interior design exemption to remove an inconsistency in the language of that exemption whereby one portion of the exemption requires that interior designers not be engaged in work that affects the life safety of building occupants and another portion of the exemption requires that interior designers engage in their work "with due concern for the life safety of the occupants of the building". The bill removes modifies the language of the first portion by limiting the restriction to alterations that are outside the content of interior design documents and specifications filed for the purpose of obtaining building permit approval and retains the language of the second portion of the exemption.

The bill authorizes a city, city and county, or regional building authority to reject a building permit application filed by an interior designer only for a reason provided by law.

The bill also modifies the eligibility criteria for interior designers by removing references to educational requirements. The national certification requirement that is maintained in the statute itself includes educational requirements.

Finally, the bill modifies the description of "nonstructural or nonseismic" work that is within an interior designer's scope of practice.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - House Energy and Environment Committee. The bill implements the recommendations of the department of regulatory agencies' sunset review of the water and wastewater facility operators certification board by:

• Extending the repeal date of the board until September 1, 2031 ( sections 1 and 2 of the bill);
• Amending the definition of "domestic wastewater treatment facility" to exclude only those small on-site wastewater treatment systems with a design capacity of 2,000 gallons or less per day, unless the system discharges directly to surface water ( section 3 );
• Repealing the exclusion of facilities designed to operate for less than one year and facilities with in-situ discharges from the definition of "industrial wastewater treatment facilities" ( section 3 );
• Creating a water and wastewater facility operators fund for fees that the board receives directly and uses for the exclusive use of the regulatory program ( section 4 ); and
• Repealing an obsolete provision of law relating to a reorganization of the board on July 1, 2004 ( section 2 ).

The bill appropriates $24,815 from the water and wastewater facility operators fund to the department of public health and environment for use by the drinking water program.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill:

• Creates the occupational credential portability program that would apply to most professions and occupations regulated by the division of professions and occupations within the department of regulatory agencies;
• Requires the director of the division and most regulatory boards and commissions within the division (regulators) to strive to reduce certification, registration, and licensure barriers for applicants; and
• Gives regulators rule-making authority to establish an occupational credential portability program in the least burdensome way necessary to protect the public.

The bill also relocates the existing occupational credential exemption for military spouses to the new occupational credential portability program and modifies the exemption.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill extends the repeal date of the innovative industries workforce development program for 5 years, until July 1, 2025. The bill also appropriates $900,000 from the general fund to the division of employment and training in the department of labor and employment to be used for program reimbursements during the fiscal year beginning July 1, 2020.
(Note: This summary applies to this bill as introduced.)

A recent Colorado supreme court case held that in a civil action when an employer admits liability for the tortious actions of its employee, the plaintiff cannot assert additional claims against the employer arising out of the same incident. The bill allows a plaintiff to bring such claims against an employer.

(Note: This summary applies to this bill as introduced.)

The bill clarifies that the existing authority of cities and counties (local governments) to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site.
(Note: This summary applies to this bill as introduced.)

The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act:

• Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing;
• Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party;
• Authorizes the nonobjecting party to seek provisional remedies from court if a party objects to an arbitrator and the parties are not able to agree on an arbitrator;
• Establishes ethical standards for arbitrators; and
• Requires specified public disclosures by arbitration services providers to the parties but includes protections for certain confidential information.

The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality.

The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures. and clarifies when appeals of orders may be made in consumer and employee arbitrations.

The bill also provides that for a standard form contract involving a consumer or an employee:

• Specified terms are unenforceable as against public policy; and
• Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and
• How certain cost-shifting provisions are to be interpreted.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires electrician apprentices and plumbing apprentices who have been registered with their respective boards for at least 6 years to take a license examination on a periodic basis at least every two or three years based on the registration renewal cycle until the apprentice passes the examination. If an apprentice fails the examination, the apprentice may apply for an exemption from the examination requirement. The bill allows an apprentice to request special accommodations to take the examination if the apprentice has a learning disability.

The bill requires an employer, an apprenticeship program registered with the United States department of labor's employment and training administration, and a state apprenticeship council recognized by the United States department of labor that employs an apprentice in Colorado to track the number of practical training hours and, for electrician apprentices, the classroom hours of each apprentice and provide the information to the state electrical board or the state plumbing board, as applicable. The boards must provide the reported information to the department of regulatory agencies' online apprenticeship directory.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill:

• Increases the statutory limitation period for actions based on construction defects from 6 years to 10 years;
• Allows tolling of the limitation period on any statutory or equitable basis; and
• Requires tolling of the limitation period until the claimant discovers not only some physical manifestation of a construction defect but also its cause.
  (Note: This summary applies to this bill as introduced.)

The department of personnel (department) is required to establish a maximum acceptable global warming potential for each category of eligible materials used in a public project. The bill specifies which building materials are eligible materials.

The department is required to set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material and to express it as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials.

The department is required to submit a report to the general assembly regarding the method it used to develop the maximum global warming potential for each category of eligible materials and may make periodic downward adjustments to the number to reflect industry improvements.

For invitations for bid for public projects issued after a certain date, the contractor that is awarded the contract is required to submit to the contracting agency of government a current facility-specific environmental product declaration for each eligible material proposed to be used in the public project.

A contracting agency of government is required to include in a specification for bids for a public project that the facility-specific global warming potential for any eligible material that will be used in the project shall not exceed the maximum acceptable global warming potential for that material determined by the department.

A contractor that is awarded a contract for a public project is prohibited from installing any eligible material on the project until the contractor submits a facility-specific environmental product declaration for that material.

The bill specifies that in administering the requirements of the bill, an agency of government is required to strive to achieve a continuous reduction of greenhouse gas emissions over time. The department is required to submit a report to the general assembly regarding the implementation of the bill.

The bill includes the facility-specific global warming potential for each eligible material that will be used in the project and the cost of avoided emissions for the project in the factors to be considered when making an award determination for a competitive sealed best value bid.

(Note: This summary applies to this bill as introduced.)

The bill requires a staffing agency that places temporary and part-time employees with work-site employers to provide the employees specific information concerning the terms and conditions of employment. The information must be provided in writing before the end of the first pay period.

The bill requires the staffing agency to post a notice in its workplace that includes the name and telephone number of the division of labor standards and statistics (division) in the department of labor and employment and a description of employees' rights to the receipt of the required terms and conditions of employment.

A staffing agency and a work-site employer are prohibited from charging an employee:

• A fee for certain work-related expenses or deducting expenses from the employee's wages without authorization from the employee;
• The cost of required specific transportation services; or
• More than the actual cost of optional transportation.

The bill prohibits a staffing agency from knowingly issuing, distributing, circulating, or providing false, fraudulent, or misleading information to an employee or applicant for employment and from refusing to refund fees or costs owed to the employee.

The bill requires each staffing agency to annually register and pay a fee to the division. Each staffing agency is required to submit information to the division in a form and manner required by the division. The division is required to maintain a list of the registration status of each staffing agency on its website. Employers who use staffing agencies are required to verify whether the staffing agency is registered with the division. The division may assess a fine for a violation and may revoke or suspend the registration of a staffing agency for any violation.

The division is authorized to promulgate rules, including rules that state the information that a staffing agency is required to submit to the division and that establish circumstances where a staffing agency's registration may be revoked or suspended.

(Note: This summary applies to this bill as introduced.)