Sen. Vicki Marble

Current law prohibits an employee of a tavern or lodging and entertainment facility who is under 21 years of age from selling malt, vinous, or spirituous liquors. The bill permits a licensed tavern or lodging and entertainment facility that regularly serves meals to allow an employee who is at least 18 years of age but under 21 years of age to sell malt, vinous, or spirituous liquors if the employee is supervised on-site by a person who is at least 21 years of age. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The concurrent resolution amends the Colorado constitution to reduce the age qualification for a member of the general assembly from 25 to 21. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.)

Section 1 of the bill provides a nonstatutory legislative declaration about the changes in law set forth in section 2 of the bill. Section 2 directs the public utilities commission to adopt rules by which it will evaluate applications filed by Colorado's investor-owned natural gas utilities to acquire interests in natural gas reserves, which at a minimum must establish criteria for asset evaluation and application review and administration; except that an investor-owned utility's costs associated with any approved application may not be recovered through base rates. Section 3 adds a legislative declaration about the Colorado oil and gas commission's notice to operators to require operators in the state to identify and inspect flowlines within one thousand feet of a building unit to ensure and document integrity of flowlines statewide and to verify that any existing flowline that is not in active use be properly abandoned. This section also requires the commission to regularly report progress to the general assembly. Section 4 requires, as part of the electric resource planning process, each qualifying retail utility in Colorado to submit to the public utilities commission a proposal for a distribution resource plan. The section also requires the commission to review the proposal and either approve, modify and approve, or reject the plan for the qualifying retail utility. Section 5 repeals the wind for schools grant program. Section 6 repeals the renewable energy and energy efficiency for schools loan program. Section 7 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 8 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 9 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; Repeals certain programs for which the office is responsible; and Requires the director of the office and the executive director of the department of natural resources, or their designees, to convene stakeholders for one or more meetings before November 1, 2017, to identify voluntary methods to address funding shortfalls associated with the long-term management of abandoned oil and gas facilities. Section 10 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 11 adds 4 years of funding for the innovative energy fund from the general fund and removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 12 clarifies that the electric vehicle grant fund may be used to offset costs associated with charging stations for electric vehicles. Section 13 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 14 repeals the green building incentive pilot program. Section 15 repeals the 'Colorado Clean Energy Finance Program Act'. Section 16 removes the office's responsibility to maintain a list of solar installers, the requirement for a builder to offer that list to customers, and the requirement for the office to offer training on solar installations. Section 17 removes a requirement for a 2018 study by the office on alternative fuel truck emissions. Section 18 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 19 removes the office as the administrator of the Colorado carbon fund special license plate. Section 20 increases the registration fee on electric motor vehicles and the portion of the fee that is earmarked for the highway users tax fund to offset the reduced gas tax collected as a result of the vehicle's increased efficiency. Current law authorizes a homeowner to finance certain energy efficiency improvements to the home through a loan pursuant to the property assessed clean energy program (PACE). PACE requires an applicant to file a title commitment on the home and a hearing must be held in order to seek a voluntary subordination of existing liens to PACE's junior lien. Sections 21 through 24 exempt a homeowner from the title commitment and hearing requirements if the owner is not seeking to subordinate the priority of existing liens and clarifies that housing authorities can use PACE as a completely voluntary assessment. Sections 25 and 26 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, a brewery licensed as a wholesaler may conduct tastings and sell its alcohol beverage products at its licensed premises, and a spirits distillery or winery may do so at its licensed premises and at one additional sales room. The bill permits these licensees to operate up to 2 additional sales rooms. The brewery sales room locations are limited to three consecutive days. Current law authorizes the state licensing authority to specify, by rule, the time by which a local licensing authority must submit a response to an application to operate a temporary sales room for not more than 3 days. The bill applies this standard to a brewery. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill is known as the 'Colorado Citizen Protection Against Sanctuary Policies Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests. The bill states that it is the policy of this state to ensure, to the fullest extent of the law, that the state or a political subdivision (jurisdiction) of the state complies with federal immigration law. In addition, pursuant to a recent presidential executive order, the United States secretary of homeland security has the authority to designate, in his or her discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction that willfully refuses to comply with federal immigration law. A jurisdiction that violates the following requirements is deemed to be out of compliance with the requirements of federal immigration law and is deemed to have established a sanctuary jurisdiction policy if it: Prohibits, or in any way restricts any jurisdiction, official, or employee from sending to, or receiving from, federal immigration agencies information regarding the citizenship or immigration status, lawful or unlawful, of any individual; or Prohibits, or in any way restricts, a jurisdiction from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: Sending such information to, or requesting such information from, federal immigration agencies; Maintaining such information; Exchanging such information with any other federal, state, or political subdivision of the state; or Encourages the physical harboring of an alien in violation of federal law. A jurisdiction is also deemed to have created a sanctuary jurisdiction policy for purposes of the bill if it is officially notified by the federal department of justice or the federal department of homeland security that it is not in compliance with federal immigration law or if it has been denied federal grant funds based on lack of compliance with federal immigration law. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. On or before July 1, 2018, and on or before July 1 of each year thereafter, the governing body of any jurisdiction in this state is required to annually submit a written report and affirmation to the department of public safety (department) that the jurisdiction is in compliance with federal immigration law and the provisions of the bill. If the department does not receive those written reports and affirmations, the department is required to provide the name of that jurisdiction to the state controller. On or before September 1, 2018, and on or before September 1 of each year thereafter, the department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. Commencing with the 2018-19 fiscal year and each fiscal year thereafter, the state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with the compliance and affirmation requirement. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance. The department is required to republish on its website, once the information is available, the data reported by the federal immigration and customs enforcement agency that pertains to Colorado on the apprehension and release of aliens from custody as compiled by that agency and reported weekly pursuant to a federal memorandum issued by the federal department of homeland security. The bill waives governmental immunity protection from claims brought against a jurisdiction and against its public employees for personal injuries caused to crime victims as a result of the jurisdiction creating sanctuary jurisdiction policies in violation of the federal law. Governmental immunity is waived and compensatory damages may be awarded under the 'Colorado Governmental Immunity Act' to the crime victim if the person who engaged in the criminal activity: Is determined to be an illegal alien; Had established residency in a jurisdiction that had adopted a sanctuary jurisdiction policy; and Is convicted of the crime that is a proximate cause of the injury to the crime victim. The bill states that nothing in the bill relating to compliance with federal immigration laws and nothing in the 'Colorado Governmental Immunity Act' shall be construed to require a jurisdiction or a public employee to violate an applicable court ruling from the United States tenth circuit court of appeals or the United States supreme court regarding the enforcement of any provision of federal immigration law. The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law or by a federal immigration agency. The bill includes a severability clause. The bill takes effect January 1, 2018, and applies to acts or omissions occurring on or after said date. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires a retailer to indicate the country of origin for beef sold to the public. (Note: This summary applies to this bill as introduced.)

The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2018. For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2017 asking the voters: To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax credit for innovative trucks; To credit the resulting estimated tax revenue to the highway users tax fund; and To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).(Note: This summary applies to this bill as introduced.)

Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m. The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)