s_blt_2017a_2017-02-27t14:07:37z0 Hearing Summary

Date: 02/27/2017

Location: RM 271

02:09 PM -- HB 17-1092



Senator Tate introduced House Bill 17-1092, concerning contracts involving license royalties with proprietors of retail establishments that publicly perform music. The bill changes state laws governing contracts between performing rights societies and proprietors of retail venues that perform or broadcast music for public enjoyment. The bill requires a performing rights society to annually file with the Secretary of State's office and make freely available on the society's website:



an electronic copy of each form contract licensing the public performance of musical works to proprietors;

a schedule of royalties collected from proprietors in Colorado; and

the website address for a list of all musical works for which the performing rights society holds a license, which must be updated within 30 business days of any change to the list.



Upon request of the Secretary of State (SOS), performing rights societies must provide information on a proprietor's rights and responsibilities related to public performance of nondramatic musical works, for posting on the SOS website. The SOS must publish the links on its website and charge a fee for each filing. Not completing the required filings and disclosures is a deceptive trade practice under the bill.



Under current law, a proprietor has 72 hours to consider and rescind a contract with a performing rights society; the bill changes that period to three business days. The bill also:



requires that contracts between a performing rights society and a proprietor do not charge the proprietor royalties for public performances of musical works for which another entity already holds a license to perform the work;

expands the scope of existing laws governing these contracts to cover contract investigations and negotiations; and

clarifies that certain provisions apply to representatives of performing rights societies.



Senator Tate provided amendment L.004 (Attachment A) to the committee.



170227 AttachA.pdf



02:10 PM -- Nick Hoover, Colorado Restaurant Association, spoke in support of the bill.



02:14 PM -- Margaret Moore, Tavern League of Colorado, spoke in support of the bill.



02:15 PM -- Heather Frayer, Colorado Bar Owners Association, spoke in support of the bill.