Here’s why Gov. Polis vetoed 6 bills and what happens next

DENVER (KDVR) — Gov. Jared Polis vetoed six measures on Friday that were passed by the Colorado House and Senate during the most recent legislative session, but what happens next in that process?

Under the Colorado Constitution, governors are authorized to approve a bill by signing it or to veto a measure if they do not. There is only one way that Colorado governors can veto a measure: Officially, by returning it with their objections to the legislative house where the bill originated.

Some states allow for a “pocket veto,” when a governor waits a certain time after getting a measure and takes no action, which results in the bill not being signed into law. The same rules apply to the president, but not to Colorado governors.

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That’s because of a section in the Colorado Constitution that states that any law not expressly vetoed with a letter will become law in 30 days.

Because of this, Polis sent veto letters to the Colorado House and Senate for six measures on May 17.

HB24-1008: Wage Claims Construction Industry Contractors

Sponsors of the wage claims measure said it would have expanded general contractor accountability and liability for wage claims involving subcontractors. Polis wrote in his veto letter that while “wage theft is a deplorable crime,” the measure would have let subcontractors “who fail to pay their workers off the hook.”

“The bill misaligns incentives for subcontractors to pay their workers by making general contractors liable and failing to require that wage theft investigations start with the offending subcontractor and work their way up,” Polis wrote. “Instead, under the bill the general contractor – even when not at fault under any reasonable standard – would effectively pay for the same work twice (in addition to fines, penalties, and interest), raising costs.”

HB24-1010: Insurance Coverage for Provider-Administered Drugs

Sponsors of the bill purported that it would prohibit an insurance carrier for covered people with chronic, complex, rare or life-threatening medical conditions from instilling various limitations on prescribed drugs.

Polis said he appreciated the “thoughtful efforts” that narrowed the legislation’s scope but is concerned that amid rising prescription drug costs, the legislation “removes an important way to negotiate lower costs for Coloradans, and may subject families to increasing premiums.” Polis wrote that he is “uncomfortable with the lack of sufficient evidence to evaluate the impact of this legislation on Coloradans.”

“There was no significant research nor non-anecdotal evidence presented during this process to support this bill as a targeted solution to these claims,” Polis wrote. “I remain open to an approach that would demonstrably improve patient care, reduce drug waste, save people money, and protect Coloradans from the high cost of specialty drugs. A future bill, supported with actuarial evidence of savings implications for patients and focused on patient safety, may be a favorable path forward on this issue.”

HB24-1080: Youth Sports Personnel Requirements

This measure would have required that an organization operating a youth athletic activity have at least one adult who has a current first aid and CPR/AED certification and require that all employees and volunteers who work directly with youth members or accompany youth on any trip obtain a criminal history record check.

Polis signed a different measure into law on Friday called “Concerning Measures to Make Youth Sports Safer,” which required employed and volunteer coaches to complete mandatory reporting training, creates guidance around abuse training, establishes expectations for background checks, requires the adoption and adherence to a code of conduct, and directs the Colorado Attorney General’s Office to develop a notice of requirements to be shared with all impacted organizations. Polis said the measure achieved a “better balance of realistic employer expectations” than the House bill.

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“While I understand and share the goals of the sponsors to ensure all kids are safe when participating in youth sports, I remain deeply concerned about how the language in HB24-1080 would have unintended negative consequences on many of Colorado’s youth sports organizations and participants, making it more difficult for them to recruit volunteers or operate at all,” Polis wrote.

He also noted that the bill did not appropriate any funding to support the changes.

HB24-1260: Prohibition Against Employee Discrimination

Polis said this bill’s broad definitions of “political matters” and “religious matters” were “unworkable and would result in unintended consequences for employers and employees alike.”

The measure would have ensured that employers do not subject or threaten to subject an employee to discipline, discharge or an adverse employment action on account of the employee refusing to attend an employer-sponsored meeting on religious or political matters, or for declining to listen to religious or political communications from the employer.

HB24-1307: HVAC Improvements for Public Schools

This measure was intended to provide competitive access to federal funds that could be used to improve air conditioning and heat systems in schools. Polis wrote that this bill would have required schools to undergo “onerous assessment and installation requirements using a certified contractor list.”

“The certified contractor requirements are particularly challenging for our rural school districts, who already have a difficult time finding labor for capital projects,” Polis wrote. “The pressure of increased costs and administrative difficulties could cause schools to either not proceed with needed facility improvements or may cause schools to cut educationally valuable features of their facilities due to the enhanced costs and difficulty of HVAC improvements.”

SB24-150: Processing of Municipal Solid Waste

This bill would have prevented municipalities from combusting municipal solid waste as it does not meet certain standards established by state law. Polis said that he appreciated that while during the legislative process the bill began to move away from a blanket provision, it was still unworkable when it was delivered to his desk.

He said that as amended, the bill prohibits the state from providing incentives to pyrolysis or gasification projects beyond producing sustainable aviation fuel or biochar and bio-oil.

“This is primarily because it is inappropriate to prohibit a specific technology in statute across all state incentive programs,” Polis wrote. “Regardless of the merits of the technology itself, this is inconsistent with how our state incentive programs work … Colorado businesses from a wide range of these advanced industries expressed deep concern about how the term ‘combustion unit’ may inadvertently apply to a broader set of manufacturing processes.”

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