FEATURE | TITLELEGISLATIVE MATTERS 2019 Legislative Session Review BY JEREMY SCHUPBACH This article reviews the 2019 legislative session, focusing on bills of interest to the CBA. he 2019 legislative session was an- Unlike past years, where the House and Senate Policy Committee (LPC), a committee of 13 other busy, involved, exciting, and split political control, the Democrats controlled members appointed by the CBA president exhausting session for the CBA. As both chambers of the legislature, holding the and representatives of the sections. These a result of the 2018 elections, for the House of Representatives over the Republicans 13 members—assisted by point people and Tfirst time in over 60 years the elected statewide by 41 to 24 seats, and the Senate by 19 to 16 seats. leadership from each section—consider the offices and the legislature were in the control of The number of lawyer legislators remains merits of bills and decide whether the CBA one party. Thus, the session was marked by big below the state’s historical average but increased should adopt a position, and, if so, what that issues, contentious debates, and much posturing from 13 to 15 members. This presents both position will be. and partisan gamesmanship. During the session, opportunities and challenges as the CBA works the CBA promoted and helped pass two key with legislators on complicated measures and The 2019 Session in Brief bills to improve the practice of law and helped technical concerns on matters of law and seeks This year, only 589 bills were introduced during kill several dangerous and misguided attempts to educate the legislature about who we are the session, with 339 passed and signed into law. to harm various practice areas and the judicial and what we do. This is a remarkably low number; typically 700 branch. This was, without a doubt, one of the or more bills are considered by the legislature most challenging years for the CBA legislative The LPC’s Role each session. Governor Polis vetoed five bills: team. But once again, hard work, dedication, and The CBA develops public policy and takes Recreate Homeowners’ Association Community a little luck led us to a very successful outcome. positions on legislation through its Legislative Manager Licensing; Revised Uniform Athlete 36 | COLORADO LAWYER | AUGUST/SEPTEMBER 2019 Agents Act 2015; Require License Practice or instructional tools; (3) employs gender Genetic Counseling; Project Management norms or gender stereotypes; or (4) excludes Competencies for Certain Contracts; and Tribal “ the relational or sexual experiences of lesbian, Entity Emergency Child Welfare Criminal History In addition to gay, bisexual, or transgender individuals. The Check. Thematically, the bills vetoed all relate bill prohibits the state board of education from to the regulation of professions and trades, an the hot topic bills waiving the content requirements for public area that Governor Polis’s administration views and contentious schools that provide comprehensive human carefully for necessity. All bills considered sexuality education. during the session are available on the Colorado issues, the partisan General Assembly’s website, http://leg.colorado. HB 19-1177: Extreme Risk gov/bills. gamesmanship Protection Orders between parties (e.g., HB 19-1177 allows a family or household mem- CBA Legislative Action Summary ber or a law enforcement officer to petition the The CBA tracked and worked on 47 bills in having 2,000-page court for a temporary ERPO beginning January the 2019 session. The Appendix to this article 1, 2020. The petitioner must establish by a lists each bill by number, title, CBA position bills read at length to preponderance of the evidence that a person on the bill, and outcome. The CBA opposed draw out the clock) poses a significant risk to himself, herself, or eight bills, supported 23 bills, monitored with others by having a firearm in his or her custody no position six bills, and sought amendments reached nearly or control, or by possessing, purchasing, or to 22 bills—though we amended or changed unprecedented receiving a firearm. The petitioner must submit some bills we supported or opposed to improve an affidavit signed under oath and penalty the quality of the legislation. We achieved our levels, and it may be of perjury that sets forth facts to support the intended outcome on 43 bills, for a success rate of issuance of a temporary ERPO and a reasonable over 90%—an outstanding overall achievement some time before basis for believing they exist. The court must for our LPC at the Capitol. things return to hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or Major Legislation and Hot-Topic Bills ‘normal’ at the on the court day immediately following the day The 2019 session was framed by several main the petition is filed. issues: oil and gas regulations; sex education; capitol. and the debate over the “Red Flag” (extreme CBA Priority Bills risk protection orders, or ERPOs) legislation. In The legislature passed both bills created or addition to the hot topic bills and contentious promoted by CBA sections this year, HB 19-1229 issues, the partisan gamesmanship between ” and SB 19-086. We worked with a supportive parties (e.g., having 2,000-page bills read at legislature, including several new legislators, length to draw out the clock) reached nearly to achieve passage of these bills, which were a unprecedented levels, and it may be some of the Colorado Oil and Gas Conservation priority for our sections. In addition, we worked time before things return to “normal” at the Commission to be focused on health, safety, and with several stakeholder groups and leadership capitol. For the most part, the CBA monitored the environment over fostering development.1 from both parties to promote and achieve our the issues and the accompanying bills without legislative agenda. taking a position or weighing in. HB 19-1032: Comprehensive Human Sexuality Education HB 19-1229: Electronic Preservation SB 19-181: Protect Public Welfare This controversial legislation involved several of Abandoned Estate Documents Oil and Gas Operations long public hearings that extended late into This bill creates the Colorado Electronic This was one of the most contentious bills of the evenings. HB 19-1032 clarifies content Preservation of Abandoned Estate Planning the session. SB 19-181 brings a major change requirements for public schools that offer Documents Act, which provides a procedure to industry regulations and control over oil comprehensive human sexuality education, for determining whether an original estate and gas development in the state. The bill gives and prohibits instruction that explicitly or planning document that is a will document more control to local governments within their implicitly (1) teaches or endorses religious (original document) is abandoned and, if so, jurisdictions to regulate the oil and gas industry, ideology or sectarian tenets or doctrines; (2) the process for creating an electronic estate and changes the membership and mission uses shame-based or stigmatizing language planning document (electronic document) of AUGUST/SEPTEMBER 2019 | COLORADO LAWYER | 37 FEATURE | TITLELEGISLATIVE MATTERS the abandoned original document. HB 19-1229 by intermediaries and nominees (sections for a residential premise, and a landlord commits also specifies how to file the electronic document 31 and 32); a breach of the warranty if with the state court administrator within the ■ updates provisions for the general stan- ■ the residential premise is uninhabitable judicial department and destroy the original dards of conduct for directors and officers or otherwise unfit for human habitation; document. The state court administrator is and standards of liabilities for directors ■ the residential premise is in a condition permitted to enter into an interagency agreement (section 35); that is materially dangerous or hazardous with another state agency to maintain electronic ■ updates provisions dealing with conflict- to the tenant’s life, health, or safety; and documents. The bill creates a process for the ing interest transactions and corporate ■ the landlord has received written notice state court administrator to provide access to opportunities (section 36); of the condition and failed to cure the electronic documents and sets requirements ■ updates provisions dealing with indemni- problem within a reasonable time. for the storage and deletion of the electronic fication of directors, officers, employees, HB 19-1170 states that a landlord breaches documents. fiduciaries, and agents, and advancement the warranty if a residential premise is of expenses (sections 38 through 46); ■ uninhabitable or otherwise unfit for SB 19-086: Update Business Entity Laws ■ updates provisions dealing with corporate human habitation or is in a condition SB 19-086 amends the Colorado Business mergers, conversions, and exchanges by that is materially dangerous or hazardous Corporation Act (CBCA) and makes conforming reference to the updated provisions in the to the tenant’s life, health, or safety; and changes to the Colorado Corporations and CCAA (sections 47 through 55); ■ the landlord has received reasonably Associations Act (CCAA). The bill ■ repeals and reenacts, with amendments, complete written or electronic notice of ■ deletes definitions in the CCAA that are former CRS Title 7, Article 113, relating the condition and failed to commence no longer necessary (section 1); to dissenters’ rights, and