Colorado Politics

‘Red flag,’ minimum wage, lobbying reform: Laws that go into effect on Jan. 1, 2020

On New Year’s Day, 15 laws will be fully or partially implemented, according to the bill digest published annually by the Colorado General Assembly.

And while it’s not among the list of bills officially going into effect on Jan. 1, that’s also the first day someone can seek a “extreme risk protection order,” which allows law enforcement or family/household members to seek a court order to remove firearms and ammunition from someone who is deemed a significant risk either to themselves or to others. The law — HB 1177, known as the Deputy Zackari Parrish II Violence Prevention Act — requires law enforcement agencies to either adopt their own policies and procedures on how to carry out the law or to adopt state model procedures by Jan. 1. The state court administrator was also required to come up with a form for the ERPO petition that could be used beginning Jan. 1. The law was named after the Douglas County deputy who was murdered by an allegedly mentally-ill man on New Year’s Eve, 2017.







At a library in Longmont Saturday, for two hours, more than 100 people had questions about how the red flag law could impact them.

At a library in Longmont Saturday, for two hours, more than 100 people had questions about how the red flag law could impact them.






At least 37 counties have passed resolutions declaring themselves Second Amendment sanctuaries, meaning they might not enforce the law. Douglas County commissioners also passed that resolution, although Sheriff Tony Spurlock was a vocal advocate for the law. According to Rally for Our Rights, at least five municipalities, including Commerce City, also oppose the law, and sheriffs in 12 other counties also oppose it, including in Jefferson and Pueblo counties. 

The bill estimates that about 170 ERPO petitions are likely to be filed in the first year, and that 95% are likely to be granted.

Among other laws: higher penalties for violations tied to inspections of restaurants, grocery and convenience stores and food carts. House Bill 19-1014 updates the definition of an imminent health hazard as it relates to where you eat: fires, floods, extended interruptions of electrical or water service, sewage backup, misuse of poisonous or toxic materials, food-borne illness outbreaks or grossly unsanitary conditions. 

Prior to HB 1014, the law was vague in defining an imminent health hazard as it applied to food establishments.

Those who fail to clean up their establishments and fail a third inspection face a $1,000 fine and suspension of a county or state license. And that penalty can be assessed up to three times per year.

“Jude’s Law” also goes into effect on Jan. 1. Jude is a now-12-year-old transgender girl who has testified numerous times over the years in favor of a law that makes it easier for a transgender individual to obtain a clean birth certificate.

In the past, that would require a court order, and even then the birth certificate might say “amended” or some similar designation. LGBTQ advocates claim this could be a danger to transgender individuals who want to keep their transgender status private.

So-called “surprise” medical bills, when someone uses an in-network provider but is billed for (costly) out-of-network services, will become illegal on Jan. 1. Among its provisions, HB 1174 mandates that health insurance carriers, health care providers and facilities notify patients when they’re about to receive services from an out-of-network provider or facility. Failure to do so will be considered a “deceptive trade practice” under state law. 

Local governments that want to hike the minimum wage in their communities will be able to start doing that on Jan. 1. HB 1210 allows local governments — likely in areas with low unemployment and/or high cost-of-living — to increase the minimum wage for those who work in those areas. Denver approved its increase last month. The state may have to pay some of the costs for that, however; the bill requires the state to cover “minimum wage enhancement payments” to nursing home providers in those communities.

The long-awaited opportunity to consume marijuana in so-called “hospitality establishments” becomes legal Jan. 1, although the law also requires local municipalities to approve ordinances also allowing those businesses within their boundaries. While the city of Denver has not yet passed such an ordinance, business owners are applying for state hospitality licenses that could eventually allow consumption of marijuana on their premises. 

The hundreds of lobbyists at the state Capitol will come under new regulations beginning Jan. 1, just one week before the start of the 2020 legislative session. Under HB 1248, lobbyists will be required to provide more disclosure statements to the Secretary of State when they lobby a new bill or take a new position on a pending bill for current and new clients. Changes in the lobbying law also apply to attorneys who are registered as lobbyists; the law says an attorney/lobbyist can’t refuse to disclose their lobbying activities on the grounds that it might violate attorney-client privilege.

Penalties for wage theft are going up on Jan. 1, under HB 1267. Under current law, wage theft — whether deliberately failing to pay wages or underpaying wages — is an unclassified misdemeanor. Depending on the amount of the wages withheld, it can be upped to a felony under HB 1267, and failure to pay wages would now be considered a form of theft.

If you’re a renter and you find bedbugs, a new state law will mandate that your landlord deal with it within four days. HB 1328 gives a landlord 96 hours to inspect a property that allegedly has bedbugs, but beware! If you as the tenant refuse to allow the inspection, you could be held liable for the cleanup.

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