Travel & tourism bills of interest

A number of bills directly dealt with transportation, made changes to the liquor laws or affected aspects of tourism, such as the hotel, restaurant, and/or ski industries. Below is an overview of the most important bills in these categories.

Bills with a direct impact on the tourism industry:

FAILED – HB16-1074 would have reduced the amount of each allocation of limited gaming revenue by 10 percent, totaling $3.01 million and transferred that same amount to the State Public School Fund, which would have been used for supplemental online education.

FAILED – HB16-1217 would have implemented several recommendations from the “2013 Study of Comparable HOA Information and Resource Centers.” This study was conducted pursuant to House Bill 13-1134, which examined the functions, duties, structure, costs, funding, and successes of other states’ homeowners’ association offices.

PASSED – HB16-1401 increases the annual licensing fees paid by retail food establishments beginning January 1, 2017. Additional increases on January 1, 2018, and January 1, 2019, are contingent upon compliance with the following requirements:

For the second fee increase to be effective on January 1, 2018, the Colorado Department of Public Health and Environment (CDPHE) must establish a uniform system to communicate health inspection reports to the public and the CDPHE, AND local public health agencies must exclusively use the system to communicate inspection results by July 1, 2017. If the requirements are not met, this fee increases and the subsequent fee increase will be delayed.

For the third fee increase to be effective on January 1, 2019, the previous requirement must be met and by April 1, 2017, the CDPHE must respond to all retail food establishment plans and specifications and Hazard Analysis Critical Control Point Principles plan reviews within 14 working days. If this requirement is not met, the fee increase will be delayed.

The bill creates a new license for a limited retail food establishment that prepares or serves food, which does not require time or temperature control for safety; provides self-service beverages; or that offers prepackaged, commercially prepared food and beverages that require time or temperature control or only reheating commercially prepared foods that require time or temperature control for safety for retail sale to consumers.

The CDPHE is required to ensure significant statewide compliance with the federal Food and Drug Administration’s voluntary National Retail Food Regulatory Program standards by December 31, 2019.

The bill specifies that counties may only spend the revenue from the increased fees on retail food/health-related activities. The bill lowers the maximum period of suspension for a retail food establishment license from six months to one month, except in cases of closure due to an imminent health hazard.

Finally, the bill allows the CDPHE or a local public health agency to issue cease-and-desist orders when a civil penalty has previously been issued and the person remains noncompliant.

PASSED – HB16-1425 specifies that a licensed child care center is not required to obtain immunization records for any enrolled child who attends the center on a short-term basis. This is defined as up to 15 days and no more than twice a year, with at least 60 days between 15 consecutive-day periods, such as one associated with a ski resort.

A child care center that chooses to accept children on a short-term basis must notify all of the parents with children in the center that the center allows children to attend on a short-term basis without providing proof of immunization.

PASSED – HB16-1426 creates a Class 2 petty offense for intentionally misrepresenting entitlement to an assistance animal, for purposes of obtaining a reasonable accommodation in housing, or for misrepresenting a service animal or service animal in training for purposes of obtaining a reasonable accommodation in any:

Places of employment, housing or public accommodation
Programs, services or activities conducted by a public entity
Public transportation service, or any other place open to the public

PASSED – SB16-016 increases the share of Scientific and Cultural Facilities District (SCFD) tax revenue allowed to be spent on administrative expenses from 0.75 percent to 1.5 percent.

After administrative expenses, revenue is segmented into three tiers, each funding a different collection of facilities, as follows:

Tier 1 funds the Denver Museum of Nature and Science, the Denver Zoo, the Denver Art Museum, the Denver Botanic Gardens and the Denver Center for the Performing Arts.
Tier 2 funds regional scientific and cultural facilities, with at least a minimum level of operating income.
Tier 3 funds all other qualified district scientific and cultural facilities.
The bill creates two new allocations to each of these tiers: One governs the first $38 million of annual SCFD revenue, and the other governs revenue in excess of $38 million. Beginning FY 2018-19, these allocations replace similar allocations under current law.

FAILED – SB16-033 would have required licensed retail food establishments that do not provide a minimum of five days’ paid sick leave each year for their employees to post a notice to that effect in full public view. The penalty for failing to post the notice would have ranged from a written warning for the first violation to a fine between $250 and $1,000 for a fifth or subsequent violation within a 24-month period.

The following transportation bills were proposed, but were not successful in increasing safety in transportation in Colorado:

HB16-1039 would have required snow tires and increased traction for cars to drive on certain parts of I-70. Additionally, it would have increased fines for unsafe vehicles on I-70.

SB16-210 would have required the Transportation Commission to submit a question to the ballot to increase funding for Colorado roads by almost $80 million over the next 20 years.

SB16-194 would have created a new method for local governments to fund transportation projects by creating a state sales tax increment.

HB16-1136 would have required the freight rail industry to have at least two members on board whenever the train was in motion.

Source: Colorado Hotel & Lodging Association