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  • This Week In Tech Policy

    2019 Colorado Legislative Session Wraps Up

    • Last Friday the 2019 Colorado Legislative Session came to a close. The Colorado General Assembly introduced, debated, passed and killed a number of bills relating to technology and with impacts on the tech industry. Below are pieces of legislation CTA monitored throughout the session and their status.

    • HB 1008: Include Career and Technical Education in Building Excellent Schools Today Program
    • The Building Excellent Schools Today (BEST) program provides grants to school districts and charter schools for repairs and new construction. The money comes from marijuana tax revenue and state land proceeds. This bill would allow these grant funds to also be used to retrofit classrooms for career and technical education.
    • Status: Signed by the Governor
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    • HB 1053: Computer Science Courses Offered in Schools
    • The bill requires a school district, charter school, or board of cooperative services that operates a secondary school to annually report to CDE the computer science courses offered in the school and additional information regarding those courses. The department will also report information concerning the number and percentage of students taking computer science courses, with data disaggregated by student group, as well as information concerning the number and qualifications of computer science instructors. The department will annually post the information online for public access and prohibits the posting online of any personally identifying information relating to students.
    • Status: Postponed Indefinitely
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    • HB 1221: Regulation of Electric Scooters
    • The bill excludes electric scooters from the definition of toy vehicle and includes electric scooters in the definition of motor vehicle, thus authorizing the use of electric scooters on roadways. The bill affords riders of electric scooters the same rights and duties that riders of electrical assisted bicycles have under the laws of the state. It also authorizes a local government to regulate the operation of an electric scooter in the same way the local government may regulate an electrical assisted bicycle.
    • Status: Sent to the Governor
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    • HB 1240: Sales & Use Tax Administration
    • The bill establishes economic nexus for retailers without physical presence in the state, codifies the destination sourcing rule with a specified exception, requires marketplace facilitators to collect and remit sales tax for sales made by marketplace sellers on the marketplace facilitators marketplace, and repeals obsolete statutory references to remote sellers.
    • Status: Sent to the Governor

    • HB 1247: Study Agricultural Applications for Blockchain
    • The bill directs the commissioner of agriculture to convene an advisory group to study the potential applications for blockchain technology in agricultural operations and to report to the general assembly in 2020 with its findings and recommendations for legislation, if any.
    • Status: Sent to the Governor
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    • HB 1277: Computer Science Grant Program
    • The bill creates in the department of education (department) the computer science education grant program (grant program) to provide money to public schools or school districts in order to increase enrollment or participation of traditionally underrepresented students in computer science education activities.
    • Status: Sent to the Governor
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    • SB 6: Electronic Sales and Use Tax Simplification System
    • The bill requires the Department of Revenue to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system.
    • Status: Signed by the Governor
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    • SB 20: Wildland Fire Airspace Patrol System
    • The bill requires the center of excellence for advanced technology aerial firefighting to study and implement a system to patrol the airspace above a wildland fire.
    • Status: Sent to the Governor
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    • SB 23: Cryptocurrency Exemption Colorado Digital Token Act
    • The bill provides limited exemptions from the securities registration and securities broker-dealer and salesperson licensing requirements for persons dealing in digital tokens. Digital token is defined as a digital unit with specified characteristics, secured through a decentralized ledger or database, exchangeable for goods or services, and capable of being traded or transferred between persons without an intermediary or custodian of value.
    • Status: Signed by the Governor

    • SB 78: Open Internet Customer Protections in Colorado
    • The bill disqualifies an internet service provider (ISP) from receiving money from the high cost support mechanism if the ISP engages blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices; engaging in paid prioritization of internet content; regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a device unless the impairment or degradation is conducted in a manner consistent with reasonable network management practices; or not providing reasonable transparency regarding its network management practices. The bill also requires the broadband deployment board to periodically review the FTC and FCC’s websites to identify any actions the federal agencies may have taken against an ISP that seeks or has received broadband deployment grant money from the board. It directs the Attorney General to develop guidance for consumers on how to file a complaint with the FTC to allege that an ISP has engaged in any of the practices that violate federal law regarding interference with the open internet.
    • Status: Sent to the Governor
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    • SB 84: Revised Uniform Law Remote Notarization
    • The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence. To perform a remote notarization, a notary must use an electronic system that conforms to standards established by rules of the Secretary of State, including using communication technology and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the individual seeking the remote notarization.
    • Status: Postponed Indefinitely
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    • SB 90: Peer-to-peer Motor Vehicle Sharing Program
    • The bill regulates peer-to-peer car sharing programs and lays out multiple requirements for parties involved.
    • Status: Sent to the Governor
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    • SB 100: Unauthorized Disclosure of Intimate Images Act
    • The bill creates the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act". An individual whose body is shown in whole or in part in an intimate image and who has suffered harm from a person's intentional disclosure or threatened disclosure of that intimate image without the depicted individual's consent has a cause of action against that person if the person knew: the depicted individual did not consent to the disclosure; the intimate image was private; and the depicted individual was identifiable.
    • Status: Signed by the Governor
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    • SB 107: Broadband Infrastructure Installation
    • The bill authorizes an electric utility or other electricity supplier to install and maintain above-ground broadband internet service infrastructure for internal use, for external use in providing broadband internet service, or for lease of any excess capacity to a broadband internet service provider. It also authorizes a provider to enter into a contract with a landowner to access an electric utility's existing easement on the landowner's private property under certain criteria.
    • Status: Sent to the Governor

    • SB 140: Income Gain on Transactions Using Virtual Currency
    • The bill allows an individual taxpayer or a corporation to claim a state income tax deduction on gains, to the extent included in federal taxable income, from the sale or exchange of virtual currency for other than cash or cash equivalents, up to $600 per sale or exchange. All sales or exchanges that are part of the same transaction or a series of related transactions are required to be treated as one sale or exchange.
    • Status: Postponed Indefinitely

    • SB 169: Project Management Competencies for Certain Contracts
    • For a budget request for a major IT project submitted to the JTC for funding, the bill requires the forms and instructions to include the submission of a written business case specifying certain information about the major IT project. If a governmental body enters into a contract expected to cost at least $1 million and that requires the contractor or any subcontractor to perform work on a computer, then the governmental body shall ensure that the contract requires the contractor to use qualified software to verify that the hours billed on the contract are valid and fulfill the purpose of the contract. The contract specifies that the governmental body will not pay the contractor for hours worked on a computer unless the hours can be verified by the use of qualified software.
    • Status: Sent to the Governor

    • SB 171: Apprenticeships and Vocational Technical Training
    • The bill requires the Colorado department of labor and employment to create the Colorado state apprenticeship resource directory. The department is required to collect detailed information on each apprenticeship program in the state, including the application process, requirements for enrollment, costs, and program outcomes. The department is required to promote the availability of the directory.
    • Status: Sent to the Governor

    • SB 176: Expanding Concurrent Enrollment Opportunities
    • The bill clarifies the differences between concurrent enrollment, dual enrollment programs, and other programs that enable a student to earn postsecondary credits while the student is enrolled in high school. Beginning in the 2020 local education providers that enrolls students in grades 9 through 12 are required to provide the opportunity for concurrent enrollment and cannot unreasonably deny approval for concurrent enrollment or limit the number of postsecondary courses in which a qualified student may enroll unless the local education provider is unable to provide access due to technological capacity. The bill also adds a grant program to provide grants to local education providers to use in starting to offer concurrent enrollment or expanding the availability of concurrent enrollment.
    • Status: Sent to the Governor

    • SB 184: Authority Colorado Water Institute Study Blockchain Technology
    • The bill directs the Colorado Water Institute at Colorado State University to study the potential uses of blockchain technology to manage a database of water rights, to facilitate the establishment or operation of water markets or water banks, and for any other useful purpose in the administration of the institute’s powers and duties, and report the results to the general assembly.
    • Status: Postponed Indefinitely


    • Gardner, Heinrich Lead Bipartisan Legislation To Establish Tech-Transfer Maturation Program
      U.S. Senators Cory Gardner (R-CO) and Martin Heinrich (D-NM), along with Dick Durbin (D-IL), Kamala Harris (D-CA), and Joe Manchin (D-WV) reintroduced legislation to authorize an Energy Technology Maturation Program at the U.S. Department of Energy (DOE) to facilitate successful commercialization of laboratory-developed energy technologies and boost regional, technology-driven economic impact.
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    • Congressman Neguse Joins the Cities of Fort Collins, Loveland and Boulder to Support Bill to Enhance Local Control and Grow Broadband Access
      Following meetings with city representatives in Fort Collins, Loveland and Boulder, Representative Joe Neguse (CO-02) has thrown his support behind House Bill 530, the Accelerating Broadband Development by Empowering Local Communities Act of 2019. Representative Neguse was the first member of the Colorado delegation to sign onto this bill.
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