S_LG_2019A 03/14/2019 01:00:17 PM Committee Summary

Senator Marble, bill sponsor, presented House Bill 19-1078 and responded to questions.  The bill requires an applicant seeking to place a property on the national register of historic places, to obtain the consent of the property owner before the state historical society can take any action to approve the request. Senator Marble distributed a handout (Attachment A).  

Senator Crowder discussed and distributed amendment L.003 (Attachment B).

Kelly Sloan, Colorado Food and Water Alliance, testified in support of the bill.

Tim Stroh, History Colorado, responded to question from the committee.

Senator Rankin and Senator Bridges, bill sponsors, presented House Bill 19-1052.  The bill authorizes the creation of an Early Childhood Development Service District to provide both direct and indirect early childhood developmental services.  Early childhood developmental services are services provided from birth to the age of eight including, but not limited to, early care and education, health, mental health, and developmental services.  Any district created must be formed and governed in accordance with the Special District Act.  The bill specifies the process and requirements for the organization of the district, district service plan, public hearing and approval process to create the district, and powers of a created district which include the right to levy sales and use and property tax upon receipt of voter approval.

Michael Cook, Council For a Strong America, testified in support of the bill.

Bill Jager, Colorado Children's Campaign, testified in support of the bill.

Senator Williams and Senator Bridges, bill sponsors, presented House Bill 19-1170.  Current law presumes that every rental agreement between a landlord and a tenant carries an implicit guarantee that a residential property is fit for human habitation. This is referred to as a warranty of habitability.  This bill:

• modifies the conditions for a breach of the warranty of habitability, the method for notifying a landlord of problems with the premises, and time limits for the landlord to address defective conditions;
• adds specific conditions of a property to the description of an uninhabitable residence to include the presence of mold or the absence of functioning appliances;
• • repeals current law exceptions to leasing a residential property with one or more uninhabitable conditions and instead requires that all premises be free of any of these specified conditions prior to leasing;
• if requested by the tenant, requires that a landlord move the tenant to a reasonably comparable unit, pay for incidental moving costs, or pay for the tenant to reside in a temporary location when a property is hazardous or uninhabitable and conditions are being remedied;
• under specific circumstances, allows a tenant to deduct from subsequent rent payments the cost to repair defective conditions;
• allows a tenant to terminate a rental agreement for recurring defective conditions;
• permits a county court, including a small claims court, to provide injunctive relief for a breach of the warranty of habitability;
• repeals the current law requirement that a tenant notify a local government prior to seeking a court injunction; and
• modifies the current law prohibition on landlord retaliation when a tenant alleges a breach, to specify damages and remove presumptions.

Jim Clark, Investment Community of the Rockies, testified against the bill.

Michael Sanchez, Metro Property Group, testified in against the bill.

Karen Kirkpatrick, Metro Property Group, testified against the bill.

The witness panel responded to questions.

Melissa Wright, 9 to 5 Colorado, testified in support of the bill.

Andrea Fuller, representing herself, testified in support of the bill.

The witness panel responded to questions.

Committee questions continued.

Tim Emery, Investment Community of the Rockies, testified against the bill.

Mark Tchetter, Apartment Association of Metro Denver, testified against the bill.

Robert Woellner, Quest Environmental, testified against the bill.

The witness panel responded to questions from the committee.

Committee questions continued.

Tawny Payton, Rocky Mountain Home Association, testified in a neutral position.

Joey Lubinski, Colorado Bar Association, testified in a neutral position.

Maggie Gomez, Colorado Health Equity Commission, testified in support of the bill.

Ean Lafoya, Colorado Latino Forum, testified in support of the bill.

Cesiah Guadarrama, representing herself, testified in support of the bill.

Shirley Smith, Colorado Cross-Disability Coalition (CCDC), testified in support of the bill.

The witness panel responded to questions.

Ashley Wheeland, Women's Lobby of Colorado, testified in support of the bill.

Andrea Chiriboga-Flor, 9 to 5 Colorado, testified in support of the bill and distributed a handout (Attachment C).

Safia Goldsmith, representing herself, testified in support of the bill.

Tiana Patterson, Enterprise Community Partners, testified in support of the bill.

The witness panel responded to questions.

Committee discussion followed.

Aubrey Hill, Center for Health Progress, testified in support of the bill.

Jack Regenbogen, Colorado Center on Law and Policy, testified in support of the bill.

Aubrey Hasvold, All Families Deserve a Chance, testified in support of the bill.

Katie McKenna, Enterprise Community Partners, testified in support of the bill.

The witness panel responded to questions.

Angela Nevin, CCDC, read Tempest Hampton's testimony in support of the bill.

Senator Williams discussed amendment L.018 (Attachement D).  Committee discussion followed.  Senator Ginal announced that amendment L.018 will be severed into two parts: part A is lines 1 through 11, and part B is lines 12 through 22.

Senator Williams discussed amendment L.019 (Attachement E).  Committee discussion followed.  Senator Ginal announced that amendment L.019 will be severed into two parts: part A  is lines 1 through 12 and part B is lines 12 through 29.

Senator William discussed L.020 (Attachment F).

Senator Williams discussed amendment L.021 (Attachment G).

Senator Bridges made closing comments.

Senator Ginal reconvened the meeting

Senator Donovan and Senator Bridges, bill sponsors, presented Senate Bill 19-159.   The bill continues the Passenger Tramway Safety Board (board) in the Department of Regulatory Agencies (DORA) — which is scheduled to repeal July 1, 2019 — for 11 years through September 1, 2030.  The bill also implements certain recommendations from DORA's sunset review.  These recommendations include:

• repealing the requirement that the board send admonition letters by certified mail; and
• replacing the word "administrator" with "director."

Melanie Mills, Colorado Ski County USA, testified in support of the bill.

Brendan McGuire, Vail Resorts, testified in support of the bill.

Larisa Wilder, representing herself, testified against the bill.

Jim Chalat, representing himself, testified against the bill and distributed a handout (Attachment H).

The witness panel responded to questions.

Senator Donovan commented on witness testimony.

Karen McGovern, Colorado Department of Regulatory Agencies, responded to questions from the committee.

Committee discussion followed.

Senator Ginal recessed the meeting.

Senator Williams reconvened the meeting.

Senator Ginal and Senator Woodward, bill sponsors, presented House Bill 19-1035.  The State Electrical Board, within the Department of Regulatory Agencies (DORA), regulates electricians, apprentices, and electrical contractors in Colorado. The state, along with local governments and institutions of higher education, may conduct electrical inspections. State residential electrical inspections in 2014 ranged from $50 to $200, with additional fees for living areas greater than 1,501 square feet or valued $2,001 or above. Commercial fees are based on the valuation of installation, with base fees starting at $67.  Senator Woodward distributed amendment L.005 (Attachment I).

Committee discussion and questions continued.

Brandy DeLange, Colorado Municipal League, testified in support of the bill.

Marilyn Stansbury, Independent Electrical Contractors Rocky Mountain, testified in support of the bill.

Amendment L.005 was distributed to the committee (Attachment I).

Senator Bridges and Senator Coram, bill sponsors, presented House Bill 19-1200.  The bill authorizes the Water Quality Control Commission (WQCC) within the Colorado Department of Public Health and Environment to adopt rules related to the point of compliance for the disinfection of reclaimed wastewater that is used for indoor nonpotable uses.  The point of compliance must be determined to protect public health and established at a single location on the occupied premises where the water is delivered and before the water is distributed.

Heather Stauffer, Denver Water and Colorado Water Congress, testified in support of the bill.

Senator Pettersen, bill sponsor, presented House Bill 19-1106.  The 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 renters different amounts 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.  Finally, 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.

Hannah Bernick, representing herself, testified in support of the bill.

Duranya Freeman, All Families Deserve a Chance, testified in support of the bill.

Aubrey Hasvold, Colorado Coalition for the Homeless, testified in support of the bill.

Jack Regenbogen, Colorado Center on Law and Policy, testified in support of the bill and responded to questions.

Andrea Chiriboga-Flor, 9 to 5 Colorado, testified in support of the bill and provided a handout (Attachment J).

Debbie Wilson, representing herself, testified in support of her bill.

Senator Pettersen distributed and discussed amendments L.030, L032, and L.033 (Attachments K, L, and M ).