Wednesday, June 5, 2019

Gov. Polis signs final bills into law, announces five vetoes

Posted By on Wed, Jun 5, 2019 at 3:02 PM

click to enlarge Polis spoke about his legislative accomplishments at Pikes Peak Community College on June 5. - FAITH MILLER
  • Faith Miller
  • Polis spoke about his legislative accomplishments at Pikes Peak Community College on June 5.

At a June 3 appearance in Colorado Springs, Colorado Gov. Jared Polis, a Democrat, said this year's legislative session delivered victories for health care and education.

He emphasized that 95 percent of the 454 bills he signed "were bipartisan: Republicans and Democrats working together to make Colorado better."

Polis vetoed five bills on May 31, three of which concerned state occupational licensing requirements. The vetoes drew consternation from lawmakers in Polis' own party, including Rep. Monica Duran of Wheat Ridge. Duran sponsored House Bill 1212, which would have extended a program requiring managers of homeowners associations, or HOAs, to have state licenses.

“We are greatly disappointed that the work we have done to protect homeowners’ biggest investments in their lifetime — their homes — has been undone," Duran said via a statement from the Community Associations Institute (CAI) Colorado Legislative Action Committee. CAI is an international membership organization for homeowners, HOA managers and businesses that provide services for HOAs.
"Managers of HOAs will no longer have to be licensed, which means they are not required to have background checks, demonstrate any knowledge of core competencies, show they understand Colorado HOA law or get continuing education," Duran continued.

On the other hand, Polis' vetoes drew rare approval from some conservatives.

“Governor Polis is right to veto legislation that makes it harder for Coloradans to find work," said Jesse Mallory, the state director of libertarian and conservative group Americans for Prosperity. Mallory was quoted in a statement from the group.

"Too often occupational licenses—government permission slips to work—are misused to protect entrenched interests, slamming the door on the dreams of would-be entrepreneurs," he added.

With his veto statement, Polis issued an executive order directing the Department of Regulatory Agencies to review existing and potential laws around HOAs and their managers, and recommend strategies for "efficient and effective" regulation.

"Before any unregulated occupation is to be regulated, or any regulated occupation is to be continued, the state should complete its due diligence to ensure that regulation will, in fact, ensure consumer safety in a cost-efficient manner," Polis wrote in his veto letter. "This bill does not meet that threshold."

Similarly, Polis vetoed Senate Bills 99 and 133, which would have required licenses for sports agents and genetic counselors. Both bills were sponsored by Democrats.

"Licensing in the United States over the years has at times prevented minorities and the economically disadvantaged from having the ability to access occupations," Polis wrote.

He also vetoed Senate Bill 169, which would have made changes to the budget submission process for information technology projects, saying that it limited the governor's ability to manage state contracts.

House Bill 1305 would have given tribal governments access to state databases for conducting background checks in child welfare cases. In his veto letter, Polis said the bill contained errors that would have forced tribes to comply with state child protection requirements. So in place of the bill, he issued an executive order allowing tribal governments access to the state databases while leaving out those mandates.

"In Colorado, we respect our government-to-government relationship with the Tribes," Polis wrote. "We also are committed to making resources available to assist the Tribes in conducting their governmental responsibilities."

In other news, here's some highlights from the list of bills Polis recently signed.

EDUCATION

House Bill 1032: "Comprehensive Human Sexuality Education" appropriates money ($1 million annually) for the state’s grant program for schools that want to add comprehensive sexual education, closes a loophole that allowed private contractors to collect government money for teaching abstinence-only classes in public schools and ends an exemption for charter schools to the requirements. It also prohibits schools that have sex ed courses from teaching religious ideology, using shame-based or stigmatizing language, employing gender stereotypes, or excluding the experiences of LGBT individuals.
  • Sponsors: Reps. Susan Lontine, D-Denver, and Yadira Caraveo, D-Thornton, and Sens. Nancy Todd, D-Aurora, and Don Coram, R-Montrose
House Bill 1110: "Media Literacy" creates an advisory committee to make recommendations for ways to teach K-12 students how to read news critically, and discern fake news from the real thing. It allocates $19,800 from the state's general fund to the Department of Education for this purpose.
  • Sponsors: Rep. Lisa Cutter, D-Evergreen, and Sen. Brittany Pettersen, D-Lakewood
Senate Bill 007: “Prevent Sexual Misconduct At Higher Ed Campuses” requires higher education campuses to adopt policies on sexual misconduct based on minimum requirements set out in the bill. It provides for oversight and requires training on the policies.
  • Sponsors: Sens. Pettersen and Faith Winter, D-Westminster, and Reps. Barbara McLachlan, D-Durango, and Janet Buckner, D-Aurora

LGBT RIGHTS

House Bill 1039: "Identity Documents For Transgender Persons" makes it easier for transgender and nonbinary people to change the gender on their birth certificates (without court order, surgery or doctor recommendation).
  • Sponsors: Rep. Daneya Esgar, D-Pueblo, and Sen. Dominick Moreno, D-Commerce City
House Bill 1129: "Prohibit Conversion Therapy for A Minor" prevents licensed mental health and medical professionals from attempting to change a minor’s gender identity or sexual orientation through therapy. Democrats, who won control of the Senate last fall, were finally able to pass this bill on the fifth annual attempt.
  • Sponsors: Reps. Dafna Michaelson Jenet, D-Commerce City, and Esgar, and Sen. Stephen Fenberg, D-Boulder

HEALTH AND ENVIRONMENT

House Bill 1176: The "Health Care Cost Savings Act of 2019" creates a task force to analyze the costs of alternative health care financing systems, such as single-payer, and make a report to state legislators. Polis signed the bill, but noted his concern that the bill's appropriation (around $100,000) wouldn't be enough to hire an analyst. He directed the Department of Health Care Policy and Financing to let him know in October whether legislators should request more money next session.
  • Sponsors: Reps. Emily Sirota, D-Denver, and Sonya Jaquez Lewis, D-Longmont, and Sen. Mike Foote, D-Lafayette
House Bill 1279: "Protect Public Health Firefighter Safety Regulation PFAS Polyfluoroalkyl Substances" bans firefighting foam that contains certain toxic, man-made chemicals: those classified as per- and polyfluoroalkyl substances, better known as PFAS. (An amendment to the bill makes an exception for when PFAS-containing foam is "required for a military purpose.") The bill also requires manufacturers to disclose when personal protective equipment contains PFAS.
  • Sponsors: Reps. Tony Exum, D-Colorado Springs, and Lois Landgraf, R-Colorado Springs, and Sens. Pete Lee, D-Colorado Springs, and Dennis Hisey, R-Colorado Springs
Senate Bill 077: "Electric Motor Vehicles Public Utility Services" requires public utilities to facilitate charging stations and to support the adoption of electric vehicles.
  • Sponsors: Sens. Kevin Priola, R-Henderson, and Angela Williams, D-Denver, and Rep. Chris Hansen, D-Denver

COURTS AND PUBLIC SAFETY

House Bill 1324: "Strategic Lawsuits Against Public Participation" adds protections against lawsuits viewed by First Amendment advocates, media organizations and others at infringing upon free speech. Specifically, it allows defendants accused of libel or slander to ask a judge to dismiss a civil case on the grounds that they were simply exercising their constitutional right to free speech or to petition the government.
  • Sponsors: Reps. Cutter and Shannon Bird, D-Westminster, and Sen. Foote
Senate Bill 179: "Enhance School Safety Incident Response Grant Program" adds funding to an existing state program, which funds nonprofit-led school safety training for law enforcement and school districts. The bill appropriates $1.16 million to the Department of Public Safety for the program.
  • Sponsors: Sen. Lee and Rep. James Wilson, R-Salida

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