Colorado Capitol Report

Amended Data-Breach Bill Moves Forward

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Amended Data-Breach Bill Moves Forward

Because last year’s massive Equifax data breach affected more than 145 million people, in the wake of other major data breaches in recent years, both Republicans and Democrats this session in the Colorado Legislature are seeking to protect consumers from the loss of their information and increase reporting by companies when breaches happen.

Provisions of some of the introduced bills, however, would increase costs on businesses by duplicating Federal requirements, make background checks more difficult on job applicants for employers and restrict the ability of companies to extend loans and credit to consumers.

In recent weeks, CACI has worked diligently with its members and business allies to address these concerns with bill sponsors.

One of the most significant bills is HB-1128, which, in the introduced version, would have placed more burdens on companies that have suffered a data breach by hackers.

The CACI Governmental Affairs Council voted to oppose the bill as introduced.

Along with its allies, CACI worked closely with the bill’s House sponsors, Republican Assistant Minority Leader Cole Wist (Centennial) and Democrat Representative Jeff Bridges (Greenwood Village) to amend the bill to address the business community’s concerns.

Reporting on the bill, Ed Sealover, veteran statehouse reporter for The Denver Business Journal, wrote:

Loren Furman, senior vice president of state and federal affairs for the Colorado Association of Commerce and Industry, said business leaders worried about a section of the bill that would require duplicative reporting of information for companies like banks and hospitals that already have extensive reporting requirements to the federal government.

And they worried about a clause that would require the reporting of any breaches affecting more than 500 records to the attorney general’s office within seven days and then to consumers within 45 days, whether or not the breach led to the possible misuse of data.

“Look, it’s a priority for all of us that we protect the information of the consumer no matter what,” Furman said. “But why do we have to duplicate that reporting at a state level?”

On Wednesday, the House State, Veterans and Military Affairs unanimously approved a “strike-below” amendment.  The proposal moves to the House Appropriations Committee.

Summary of Amendment

CACI members with questions about data privacy and HB-1128 should contact Loren Furman, CACI Senior Vice President, State and Federal Relations, at 303.866.9642.

For news media coverage of this bill and the data-privacy issue, read:

Colorado banks and employers won’t be stopped from doing background checks,” by Ed Sealover, The Denver Business Journal, February 15th.

Consumer-data privacy bills at Colorado Legislature could drive up business costs, hamper worker background checks,” by Ed  Sealover, The Denver Business Journal, February 12th.

CACI Governmental Affairs Council Hears from Kurtis Morrison, Legislative Director, Governor's Office of Policy, Research & Legislative Affairs 

On Tuesday, February 13th Kurtis Morrison, Legislative Director, Governor’s Office of Policy, Research and Legislative Affairs spoke with CACI’s Governmental Affairs Council.

The Governmental Affairs Council discussed several bills including:

SB 001 – Transportation Funding
SB 44 – Veteran Preferences
SB 63 – Oil & Gas Financial Assurance
SB 64 – Requirement of 100% Renewable Energy by 2035
SB 116 – Capitol ID Badges
HB 1001 – Family Medical Leave Program
HB 1033 – Leave for Election Purposes
HB 1071 – Oil & Gas Regulation
HB 1097 – Patient Choice
HB 1128 – Data Breaches

In addition, the council discussed SB 62,  Liability Limits in Snow and Ice Removal Contracts by Senator Moreno. SB 62 would void provisions in snow removal contracts that require one party to 1) indemnify the other party for damages and/or 2) hold the other party harmless for damages and/or 3)provide for the defense of the other party in a liability lawsuit.

Concerns with this bill have included the potential interference between contracts of parties – this is a general concern for CACI with any bills that address contractual issues.  Lack of clarity of the problem that the bill is seeking to solve.  The Council took an oppose position on this bill.

Upcoming Governmental Affairs Council Details

Date: March 13, 2018

Time: Noon – 1:00pm

Location: CACI Office, 1600 Broadway, Suite 1000

Kyle Brown, Policy Director, Health and Human Services Addresses the CACI HealthCare Council

On Thursday, the HealthCare Council heard from Kyle Brown, Policy Director, Health and Human Services who discussed proposed health care bills and the impact on businesses in Colorado.

The Council also considered the recently introduced healthcare-related legislation and took positions on the following bills:

HB 1097 by Reps. Catlin, Danielson & Sens. Coram, ToddPatient Choice Of PharmacyOppose
HB 1112 by Reps. Becker, Esgar & Sen. CrowderPharmacist Health Care Services CoverageNeutral
HB 1179 by Rep. SalazarProhibit Price Gouging On Prescription DrugsNeutral
SB 136 by Neville & Reps. Kraft-Tharp, SiasHealth Insurance Producer Fees And Fee DisclosureSupport


The next HealthCare Council will be on March 22nd from noon-1:00 pm at CACI’s office.

Tax Reform 101: Sen. Gardner’s Tax Counsel to Brief CACI

Join us for a one-hour Q&A session with U.S. Senator Gardner’s legal counsel & tax expert! 

Congressional staffer Brian Wanamaker will be briefing CACI members in one week!  Brian will offer insight into how Congress’ tax reform provisions could be used help businesses and individuals here in Colorado.  Curious about how certain provisions were included?  He can answer those questions, too.

Find out about:

  • What employees & employers should look for to benefit their families;
  • Which provisions help businesses make bigger capital investments,
  • Where pass-through provisions can lower tax bills;
  • Which business formations are favored under new tax law (i.e. S-Corp, LLC, etc.)
  • New accounting methods for small manufacturers;
  • How businesses can repatriate overseas revenue at a one-time 15.5% rate; and,
  • Which tax provisions no longer exist.

WHEN:  Friday, February 23rd, 2018 –  2-3pm

WHERE:  CACI Offices, 1600 Broadway, Ste. 1000

WHY: Ask questions from an expert & gather ideas on how to best utilize new tax changes

Division of Unemployment Insurance Notice of Public Hearing to Amend Rules

The Division of Unemployment Insurance is moving forward with changes to the rules related to work search/actively seeking work. The complete details are in the Notice of Hearing.

Meeting Details

Date:         March 8, at 10 a.m.
Location: 633 17th Street, 12th Floor, Conference Room 12A, Denver, CO 80202

Based on the feedback the Division received in December 2017 regarding work search, changes were made to the original proposal and are included in the rule amendment.

The Division anticipates that the U.S. Department of Labor will eliminate the warning letter as an option for states to use. Since the Division is changing this section of the rule to broaden the definition of what an active work search is, they also moved forward with deleting the warning letter.

Please contact Loren Furman at [email protected] or at 303-866-9642 if you should have any questions regarding this matter.

Bonnie Finley Sharing All CACI’s Secrets with Lauren Schwartz


Dear CACI Members,

It has been my privilege to serve you over the last 17 ½ years. CACI has the best members and I will miss you all!  You can always reach me at [email protected] .

I would like to introduce you to my replacement, Lauren Schwartz!   She will be a great addition to the fantastic CACI staff.  Her background is in community relations and non-profit leadership.  She will be contacting you soon.  If you need her she can be reached at 303-866-9643 [email protected] .

Bonnie Finley

Correction: Bill Affirming Court Ruling that Public Safety and Environment Supersede Oil-and-Gas Production

Last Friday, Capitol Report incorrectly reported that HB-1071 was passed by the House on final, Third Reading by a party-line 34-to-30 vote with one legislator excused.  That was incorrect, and CACI regrets the error.

Two Democrats voted with the 28 minority Republicans against the bill:

The bill has been assigned to the Senate Agriculture, Natural Resources and Energy Committee.  The Senate sponsor is Senator Dominick Moreno (D-Commerce City).  HB-1071 was sponsored in the House by Representative Joe Salazar (D-Thornton).

The CACI Energy and Environment Council opposes the measure.

Here’s the legislative summary of the introduced bill, which was not amended in the House:

HB-1071  “Concerning the regulation of oil and gas operations in a manner consistent with the protection of public safety.”

Current law declares that it is in the public interest to ‘[f]oster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources’. The Colorado court of appeals, in Martinez v. Colo. Oil & Gas Conservation Comm’n , 2017 COA 37, has construed this language to mean that oil and gas development is not balanced with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources. Rather, that development must occur in a manner consistent with such protection.

The bill codifies the result reached in Martinez .  On January 29th, the Colorado Supreme Court announced that it will hear the Martinez case.

For more information about HB-1071, contact Bill Skewes, CACI Contract Lobbyist.

For more information on the bill read:

Bill Affirming Court Ruling that Public Safety and Environment Supersede Oil-and-Gas Production Jumps First House Hurdle,” CACI Colorado Capitol Report, February 2nd.

CACI's Legislative Agenda

Below is a list of bills and their status on which CACI Policy Councils have taken positions. For more information on the bills, contact Loren Furman, CACI Senior Vice President, State and Federal Relations, at 303.866.9642.

Health Care Council BillsBill Title/DescriptionCouncil Position
HB 1007 by Rep. Kennedy & Sen. LambertSubstance Use Disorder Payment & CoverageMonitor/Passed
HB 1009 by Rep. Roberts & Sen. DonovanDiabetes Drug Pricing Transparency Act 2018Oppose/Dead
HB 1097 by Reps. Catlin, Danielson & Sens. Coram, ToddPatient Choice Of PharmacyOppose/Dead
HB 1279 by Rep. Esgar & Sens. Priola, MorenoElectronic Prescribing Controlled SubstancesSupport/Dead
HB 1311 by Reps. Rankin, HamnerSingle Geographic Rating Area Individual Health PlanOppose/Dead
HB 1358 by Reps. Foote, Beckman & Sens. Lundberg, AguilarHealth Care Charges Billing Required DisclosuresOppose/Dead
HB 1370 by Reps. Esgar, Singer & Sen. JahnDrug Coverage Health PlanOppose as Introduced/Dead
HB 1392 by Reps. Kennedy, Rankin & Sens. Coram, DonovanState Innovation Waiver Reinsurance ProgramOppose/Dead
SB 136 by Neville & Reps. Kraft-Tharp, SiasHealth Insurance Producer Fees And Fee DisclosureSupport/Signed by Governor
SB 023 by Sen. Martinez Humenik & Rep. GinalPromote Off-label Use Pharmaceutical ProductsOppose/Dead


Tax Council BillsBill Title/DescriptionCouncil Position
HB 1022 by Reps. Sias, Kraft-Tharp & Sen. Jahn,Requiring DOR to do RFI for Sales Tax Simplification SystemSupport/Signed by Governor
HB 1185 by Reps. Kraft-Tharp, Wist & Sens. Neville, MorenoMarket Sourcing For Business Income Tax ApportionmentSupport/Passed
HB 1036 by Rep. Leonard & Sen. NevilleReduction of Business Personal Property TaxSupport/Dead
HB 1201 by Rep. Thurlow & Sen. CoramSeverance Tax Voter-Approved Revenue ChangeSupport w/ Amendment/Dead
HB 1387 by Rep. Rankin & Sen. MorenoEliminate Oil & Gas Abatement Refund InterestOppose/Dead


Labor & Employment
Council Bills
Bill Title/DescriptionCouncil Position
HB 1001 by Reps. Winter, Gray & Sens.
Fields, Donovan
Family and Medical Leave Insurance ProgramOppose/Dead
HB 1033 by Rep. Weissman & Sen. CoramEmployee Leave To Participate In ElectionsNeutral/Dead
HB 1067 by Reps. Melton, SalazarRight To Rest ActOppose/Dead
HB 1128 by Reps. Wist, Bridges & Sens. Lambert, CourtProtections For Consumer Data PrivacyNeutral as Amended
HB 1250 by Reps.Kraft-Tharp, Sias & Sen. PriolaAnalysis to Improve Compliance With Rules By BusinessSupport/Passed
HB 1256 by Reps. Duran, Herod & Sen. GardnerSunset Continue Civil Rights Division And CommissionSupport as Amended
HB 1261 by Rep. WeissmanColorado Arbitration Fairness ActOppose/Dead
HB 1262 by Reps. Jackson & RobertsArbitrations Services Provider Transparency ActOppose/Dead
HB 1298 by Reps. Pettersen, Bridges & Sens. Donovan, ToddColorado Secure Savings PlanOppose/Dead
HB 1368 by Reps. Danielson, Melton & Sens. Merrifield, MorenoLocal Control Of Minimum WageOppose/Dead
HB 1377 by Reps. Coleman, PettersenProhibit Seeking Salary InformationOppose/Dead
HB 1378 by Reps. Danielson, Buckner & Sens. Donovan, FieldsEqual Pay For Equal Work ActOppose/Dead
SB 44 by Sen. Crowder & Rep. LandgrafVeterans Employment Preference By Private EmployerNeutral/Dead
SB 178 by Sen. Smallwood & Rep. Kraft-TharpSimilar Coverage Independent Commercial VehiclesSupport/Passed
SB 193 by Sen. CoramLimit State Agency Occupational RegulationsOppose/Dead


Energy & Environment
Council Bills
Bill Title/DescriptionCouncil Position
HB 1071 by Rep. SalazarRegulate Oil Gas Operations Protect Public SafetyOppose/Dead
HB 1157 by Reps. Becker, SingerIncreased Reporting Oil And Gas Incidents

HB 1215 by Rep. ArndtSafe Disposal Naturally Occur Radioactive MaterialOppose As Introduced/Dead
HB 1271 by Reps. Gray, Willett & Sen. TateUC Electric Utilities Economic Development RatesSupport/Passed
HB 1274 by Reps. Becker, Bridges & Sen. KerrReduce Greenhouse Gas Emissions by 2050Oppose/Dead
HB 1289 by Reps. Foote, Young & Sen. JonesExempt Local Gov’t School Districts Statutory PoolingOppose/Dead
HB 1297 by Reps. Winter, Pettersen & Sen. DonovanClimate Change Preparedness & ResiliencyOppose/Dead
HB 1301 by Reps. Roberts, McLachlanProtect Water Quality Adverse Mining ImpactsOppose/Dead
HB 1352 by Reps. Foote, Gray & Sens. Jones, AguilarOil And Gas Facilities Distance From School PropertyOppose/Dead
HB 1400 by Reps. Becker, McKean & Sens. Scott, JahnIncrease Fees Stationary Sources Air PollutantsSupport/Passed
HB 1419 by Reps. Foote, Jackson & Sens.Jones, KefalasOil Gas Operators Disclosures Wellhead IntegrityOppose/Dewad
SB 009 by Sens. Priola, FenbergAllow Electric Utility Customers Energy Storage EquipmentNeutral/Signed by Governor
SB 047 by Sen. Marble & Rep. SaineRepeal Tax Credits Innovative VehiclesOppose/Dead
SB 063 by Sen. Jones & Rep. BenavidezOil Gas Higher Financial Assurance Reclamation RequirementsOppose/Dead
SB 064 by Sen. Jones & Rep. FooteRequire 100% Renewable Energy By 2035Oppose/Dead
SB 167 by Sens. Scott, Donovan & Reps. Winter, Saine Enforce Requirements 811 Locate Underground FacilitiesNeutral/Passed
SB 230 by Sen. Marble & Rep. SaineModify Laws Drilling Units Pooling OrdersSupport/Passed
SB 245 by Sen. CookeAllow Natural Occurring Radioactive Material RulesSupport/Passed


Governmental Affairs
Council Bills
Bill Title/DescriptionCouncil Position
SB 062 by Sen. MorenoSnow Removal Service Liability LimitationOppose/Passed
SB 230 by Sen. Marble & Rep. SaineModify Laws Drilling Units Pooling OrdersSupport/Passed
HB 1392 by Reps. Kennedy, Rankin & Sens. Coram, DonovanState Innovation Waiver Reinsurance ProgramOppose/Dead
HB 1128 by Reps. Wist, Bridges & Sens. Court, LambertProtections For Consumer Data PrivacySupport as Amended
SCR 004 by Sens.Grantham, FenbergCongressional RedistrictingSupport/Passed
SCR 005 by Sens.Grantham, FenbergLegislative RedistrictingSupport/Passed


General Business Issues BillsBill Title/DescriptionCouncil Position
SB 001 by Sens. Cooke, Baumgardner & Reps Carver, BuckTransportation Infrastructure FundingSupport/Passed