State Bill Colorado

HB12-1113

Preferences In State Public Contracts

GreenCO Category:

Business Practices

Committee Reviewers:

Steele, Tinberg, Stiles

Hicks Comments:

Another hire Colorado worker preference bill

Position:

PI-Oppose

Calendar Notification:

NOT ON CALENDAR

Sponsors:

LEE

Summary:

Preference where contract to be performed by mostly Colorado residents. On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $500,000, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel (department) must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference. Veterans' preference. When a contract for supplies or services is to be awarded though competitive sealed bidding or through competitive sealed best value bidding, the bill requires an amount equal to 2.5% of the bid price to be subtracted from the bid of each bidder that is a veteran or a veteran business. When a contract for supplies, services, or professional services is to be awarded through a request for competitive sealed proposals, the bill requires that one of the evaluation factors stated in the request is whether the offeror is a veteran or a veteran business. The relative weight assigned to the offeror's status as a veteran or as a veteran business is 2.5%. The bill defines "veteran" to mean a person who is a resident of the state of Colorado, who was separated under honorable conditions, and who, other than for training purposes, served in any branch of the armed forces of the United States, including, without limitation, service in the armed forces reserve or National Guard, and "veteran business" to mean a continuing independent, for-profit business located in the state in which one or more veterans hold an ownership interest of at least 51%. The bill requires any person that requests a veterans' preference to complete an application for the purpose of certifying the person's status as a veteran or a veteran business. Upon the satisfaction of the department of personnel (department) that the person is entitled to the preference, the department is required to issue the person a distinctive identification number that, when submitted as part of a bid, offer, or other purchasing documents, entitles the person to the preference. Any person who has obtained the necessary certification is required to notify the department within 30 days after the occurrence of any event that affects the person's ability to qualify as a veteran business, including, without limitation, a change in the ownership of the business. If the department determines that a person that received a preference no longer satisfies the requirements applicable to a veteran business at any time during the pendency of the contract, the executive director of the department (executive director) may reject the bid or offer submitted by the person or assess a civil penalty against the person. The department is required to revoke the certification of a veteran business for a period of not less than 12 months upon making a determination that the business has failed to notify the department of a change in the status of the business. During the 12-month revocation period, a veteran business whose certification has been revoked may submit a bid or offer on a state contract but is not eligible for the preference. The bill specifies the manner in which certification may be restored after the completion of the revocation period. The bill specifies penalties that are applicable if the department determines that a person has made a material misrepresentation or otherwise committed a fraudulent act in obtaining a veterans' preference. Any person against whom the department has imposed a sanction may apply to the executive director for a review of the decision. The executive director or the executive director's designee has the authority to promulgate rules to implement the veterans' preference.

Status:

02/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB12-1002	The CLEAR Act & Application Permit Rules
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Would create some stabilty in business application process with state agencies
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SONNENBERG / JAHN
Summary:	H.B. 12-1002 Rules - permits - applicability of existing or new rules and written statements of agency interpretation - exceptions. The act creates the "CLEAR Act", which stands for "Creating Level Expectations For Application Review". The act amends the "State Administrative Procedure Act" (APA) to state that the rules and any written statements of agency interpretation of the statutes of a state agency in effect on the date that a person applies for a new or renewed permit govern the application for a new permit or for renewal of the permit. If the rules or any written statements of agency interpretation governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency must grandfather in the application under the rules and any written statements of agency interpretation in effect on the date of the application, unless the agency determines in writing that: The new rules materially affect the health and safety of the public and that use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with new rules; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order. If the agency determines that one of these four exceptions will occur, the agency must treat the application as pending, provide a written notice to the person that states the reasons the application is incomplete, and give the person a reasonable opportunity to comply with the new law or new requirements. The act states that if an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules. The act defines "permit" as a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status:	06/04/2012 Governor Action - Signed

HB12-1003	Authorize Graywater Use
GreenCO Category:	Water
Committee Reviewers:	Schneider, CNGA & RMSGA Reps
Hicks Comments:
Position:	PI
Calendar Notification:	NOT ON CALENDAR
Sponsors:	FISCHER / NICHOLSON
Summary:	Except in connection with individual septic systems, current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers collected within a residential, commercial, or industrial building that meets certain standards established by the water quality control commission. Section 3 authorizes the commission to adopt a control regulation establishing use standards and specifies that: Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights; and, if so used, the use of the graywater is deemed to not cause injury. Graywater can be used only if the commission has adopted a control regulation and a local government authorizes the use. The local government has exclusive enforcement authority regarding compliance with the commission's control regulation. Section 5 allows counties to authorize graywater use, and section 6 allows municipalities to authorize graywater use. Section 4 repeals an obsolete provision authorizing local boards of health to adopt rules regarding graywater use with individual septic systems.
Status:	02/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB12-1004	Colorado Timber Act
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	Allows Colorado Pine lumber that was beatle kill to used in Colorado for construction
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BRADFORD / KING S.
Summary:	The bill requires county and municipal building codes to allow the use of lumber milled from lodgepole pine and Englemann spruce trees having a grade of "stud" or better as building framing material. County and municipal building codes must also encourage the use of lumber milled from these trees for this purpose.
Status:	04/18/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

HB12-1007	Regulatory Analysis Requirement For Rules
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Allows input by businesses to rule making process
Position:	Conditionally Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SZABO / GRANTHAM
Summary:	Under current law, if any person so requests, a state administrative agency must issue a regulatory analysis of any proposed rule at least 15 days prior to a rule-making hearing. The bill requires agencies to conduct the analysis for every proposed rule, regardless of whether an analysis has been requested. The bill also requires each regulatory analysis to include information on the effect of the proposed rule on jobs in Colorado. If the agency specifies that the proposed rule only makes grammatical, format, or organizational changes and makes no substantive changes, an analysis is not required. The bill also states that the general assembly determines that amendments to the law made by this bill can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys or allocation of full time equivalent state employees is necessary to carry out the purposes of the bill.
Status:	03/20/2012 Senate Committee on Local Government Postpone Indefinitely

HB12-1008	GA & Public Input Proposed Agency Rules & Fees
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Allows for industry or business group input into rule making process by state agencies.
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	ACREE / JAHN
Summary:	H.B. 12-1008 Rules - notice to representative groups of proposed rule-making - notice to general assembly of increases in fees and fines - departmental regulatory agendas. An executive branch agency of state government considering adopting rules shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate in conferences or to participate in the rule-making hearing on the proposals under consideration. If the agency convenes a representative group prior to issuing a notice of proposed rule-making, the agency shall include the group participants in the notice of the actual rule-making hearing. If an agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making under the State Administrative Procedure Act or within 10 days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members about the proposed rule or about the adoption of an emergency rule and specifying the amount of the increase in the fees or fines. Principal departments of state government shall submit a departmental regulatory agenda each November 1 to the legislative council staff for distribution to the applicable oversight committee of reference of the general assembly. The departmental regulatory agenda shall include: A list of new rules or revisions to existing rules that the department expects to propose during the next calendar year; The statutory or other basis for adoption of the proposed rules; The purpose of the proposed rules; The contemplated schedule for adoption of the rules; An identification and listing of persons or parties that may be affected positively or negatively by the rules; and An update and brief summary of all permanent and temporary rules actually adopted since the previous departmental regulatory agenda was filed. Each principal department shall present its departmental regulatory agenda to the applicable oversight committee of reference of the general assembly during the departmental presentations on strategic plans and performance-based budgeting held during the first 15 days of the legislative session. APPROVED by Governor May 17, 2012 EFFECTIVE May 17, 2012
Status:	05/17/2012 Governor Action - Signed

HB12-1010	Reissue Lost Mutual Ditch Share Cert
GreenCO Category:	Water
Committee Reviewers:	Schneider, CNGA & RMSGA Reps
Hicks Comments:
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BAUMGARDNER / GIRON
Summary:	H.B. 12-1010 Mutual ditch company - share certificate - reissuance. If a person loses a mutual ditch share certificate, the person may file with the mutual ditch company a request for reissuance of the certificate, but current law requires the company to wait for 3 years before issuing a replacement certificate. The act eliminates the 3-year period and specifies that a person who is named in the books of the company as a lienholder on the lost certificate is also entitled to file a request for reissuance of a lost certificate. APPROVED by Governor March 15, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status:	03/15/2012 Governor Action - Signed

HB12-1022	Establish Mines Water Replacement Reqmnt
GreenCO Category:	Water
Committee Reviewers:	Schneider, CNGA & RMSGA Reps
Hicks Comments:
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SONNENBERG / SCHWARTZ
Summary:	Water Resources Review Committee. Some mining operations construct impermeable areas that capture precipitation and eliminate preexisting natural evapotranspiration. Current law requires that the portion of the captured precipitation that historically reached the stream must be replaced to prevent injury to senior water rights. However, capturing the amount of water that was lost through plant transpiration or evaporation does not increase the actual stream depletions caused by the mining operation because the evapotranspiration did not historically reach the stream. Current law does not give the mine operator any credit for this reduction in evapotranspiration when calculating the obligation to replace stream depletions unless it is a sand and gravel mine. The bill specifies that for all permitted mining operations, there will be no requirement to replace the amount of historic natural depletion to the waters of the state that was caused by the preexisting natural evapotranspiration on the surface of an area that will be, or that has been, eliminated or made impermeable.
Status:	03/15/2012 Governor Action - Signed

HB12-1025	Regulator Navigator To Provide Regulatory Info
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Bill would create a service in legislative legal services where by a business could access all regulatory rules or new rule processes.
Position:	PI
Calendar Notification:	NOT ON CALENDAR
Sponsors:	TYLER
Summary:	The bill requires the director of research of legislative council to provide a regulator navigator to the public. The regulator navigator will provide the public with easy access to information about any state, local, or federal government rule or regulation, including the name and telephone number of the person to contact or the correct web site link regarding the rule or regulation at issue. The regulator navigator is not expected to be a problem solver, but is expected to be an expert in providing the public with quality contact information for the appropriate state, local, or federal government agency.
Status:	02/08/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB12-1029	Economic Stimulus Personal Property Tax Exemption
GreenCO Category:	Tax/Budget
Committee Reviewers:	Pielin
Hicks Comments:	Allows a tax exemption for property pruchased in one calendar year from BBPT
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	HOLBERT / SCHEFFEL
Summary:	H.B. 12-1029 Incentive payment or credit for property taxpayer - local government authority - new business facility - expand existing business facility. Counties, municipalities, and special districts currently have statutory authority to negotiate for an incentive payment or credit with a taxpayer who establishes a new business facility or expands an existing business facility. The maximum amount of the payment or credit is 50% of the amount of taxes levied by the respective local government upon the taxable business personal property located at or within the business facility and used in connection with the operation of the business facility for the current property tax year. The act increases the maximum amount of the payment or credit to the total amount of the taxes levied by the respective local government upon such taxable business personal property. APPROVED by Governor March 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status:	03/24/2012 Governor Action - Signed

HB12-1033	Workers' Comp Admin Audit Fines
GreenCO Category:	Health Insurance
Committee Reviewers:	Sibelius
Hicks Comments:	Would help employers and insurers avoid fines and penalties for reporting issues beyond their control.
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SWALM / NEWELL
Summary:	The bill specifies that the director of the division of workers' compensation may not impose an administrative fine on an insurer or self-insured employer as a result of a compliance audit for late reporting of an injury, occupational disease, or fatality when the late reporting resulted from the insurer or self-insured employer not having notice or knowledge of the injury, occupational disease, or fatality in sufficient time to comply with the reporting period. The bill permits the director to impose a fine if the director finds that the late reporting constituted a knowing and repeated pattern of noncompliance with the reporting requirements and was not caused by the insurer or self-insured employer's lack of notice or knowledge of the injury, occupational disease, or fatality.
Status:	03/22/2012 Governor Action - Signed

HB12-1133	Econ Gardening Business Assistance Pilot Program
GreenCO Category:	Economic Development/Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Creates pilot programs for eco-gardening development, economic development efforts
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	LEE
Summary:	The bill creates an economic gardening pilot program (pilot program) in the Colorado office of economic development (office). Under the pilot program, the office contracts with entities that will provide management and technical assistance to the eligible businesses participating in the pilot program. The participating businesses are selected by the entities from among nominees forwarded by economic gardening partnerships. The number of participating businesses in the state is capped at 49, or 7 in each of 7 economic gardening regions in the state, in equal allotments per region. The office is authorized to accept gifts, grants, and donations to finance costs incurred in establishing the pilot program. The pilot program terminates in 2020, and the office's duty to report annually on the results of the pilot program to the general assembly expires in 2022.
Status:	02/24/2012 House Committee on Economic and Business Development Postpone Indefinitely

HB12-1308	Funding For Economic Development Programs
GreenCO Category:	Economic Development
Committee Reviewers:	Steel, Tinberg and Stiles
Hicks Comments:	Bill would take money from existing Enterprise Zone Tax credits and place them into a fund for future investments. Wrong source of funding- hurts current ED efforts.Bill calls for new funding for OEDIT by using various means to include savings from Enterprise Zone reform bills now in play in the House.Bill calls for new funding for OEDIT by using various means to include savings from Enterprise Zone reform bills now in play in the House
Position:	Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SINGER
Summary:	The bill directs the general assembly to appropriate additional moneys for economic development programs administered by the Colorado office of economic development (office). Specifically, the bill creates the economic stability cash fund (fund) that the office may use to help fund economic development programs during times of economic downturn. Beginning in the 2014-15 fiscal year, the general assembly is required to make an annual appropriation to the fund, subject to available appropriations. In addition, beginning in the 2014-15 fiscal year, the general assembly is required to make an annual appropriation to the office, subject to available appropriations, for the purpose of funding economic development programs that are administered by the office. The moneys appropriated to the fund and to the office are to supplement, rather than supplant, any other appropriations that the general assembly makes for economic development programs for the applicable fiscal years.
Status:	03/07/2012 House Committee on Finance Postpone Indefinitely

HB12-1315	Reorganization Of Governor's Energy Office
GreenCO Category:	Economic Development
Committee Reviewers:	Steel, Tinberg and Stiles
Hicks Comments:	Bones of this bill could provide alot of benefits but there will alot of changes- need to see how it looks when sponsors get done. Bill revises the Gov. Energy Office and provides new goals and objectives for office, with a focus on all energy sources is a major plus of this bill- will be amended a lot..
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BECKER / STEADMAN
Summary:	The bill changes the name of the governor's energy office to the Colorado office of energy development (office). As part of the reorganization of the office, the bill changes the mission of the office to: * Promoting all Colorado energy; * Promoting economic development in Colorado through energy-market advances that create jobs; * Encouraging Colorado-based clean and innovative energy solutions that include traditional and renewable energy sources; * Increasing energy security; * Lowering long-term consumer costs; and * Protecting the environment. The bill aligns the duties of the office with the new mission of the office. The bill requires the office to obtain legislative approval prior to changing office policies related to its strategic plan, the definition of "renewable energy", energy transmission, or any policy that could negatively impact the use of traditional energy sources. The bill creates the renewable energy fund and specifies that the fund be used by the office to work with communities, utilities, private and public organizations, and individuals to promote: * The renewable energy standard; * Renewable energy such as wind, solar, biomass, hydroelectricity, thermal gasification, and geothermal; * Energy efficiency technologies; * Cleaner technologies by utilizing traditional Colorado-sourced energy; and * New energy technologies. The bill changes the name of the clean energy fund to the innovative energy fund, aligns the purposes of that fund with the new mission of the office, limits the expenditures from the fund for those projects related to the severance of minerals subject to taxation under state law, and transfers moneys to the innovative energy fund from the perpetual base account of the severance tax trust fund. The bill repeals: * The wind for schools grant program; * The Colorado clean energy development authority; and * The green truck grant program. The bill ends the office's role as a consultant to the reenergize Colorado program and the geothermal resource leasing fund. The bill changes the name of the clean energy improvement debt reserve fund to the energy improvement debt reserve fund and includes improvements to the efficiency of traditional energy fixtures as part of the definition of "renewable energy improvement" for purposes of local improvement districts. The bill ends the authority of the office to use up to 5% of the moneys in the Colorado office of energy development low-income energy assistance fund for planning, overseeing, and evaluating the program to improve the energy efficiency of low-income households. Finally, the bill terminates the office on July 1, 2018, unless extended through the sunset review process.
Status:	05/24/2012 Governor Action - Signed

HB12-1037	Classify Certain Ag Products Wholesale Sales
GreenCO Category:	Tax/budget
Committee Reviewers:	Pielin
Hicks Comments:	Would allow certain AG products to sold as wholesale-non taxed
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BECKER
Summary:	The bill classifies the sales of certain agricultural items as wholesale sales rather than retail sales. The effect of such a classification is that the following sales will not be subject to sales tax: * Sales of agricultural compounds to be consumed by, administered to, or otherwise used in caring for livestock; * Sales of semen for agricultural or ranching purposes; and * Sales of pesticides that are registered by the commissioner of agriculture for use in the production of agricultural and livestock products.
Status:	06/04/2012 Governor Action - Signed

HB12-1042	Income Tax Credit For Estate Taxes On Ag Land
GreenCO Category:	Tax/budget
Committee Reviewers:	Pielin
Hicks Comments:	Provides some tax releif for owners of AG property in certain cases.
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	PACE
Summary:	The bill establishes an income tax credit for a person who inherits agricultural land located within the state that is equal to the portion of Colorado estate taxes attributable to the transfer of the land. The tax credit is subject to the following requirements: * If more than one person inherits the land, the credit is apportioned among all beneficiaries; * If the credit exceeds the income taxes owed, the excess is refundable to the taxpayer; and * If the land is reclassified in the 10 years after the credit is claimed, the taxpayer is required to repay the credit, with interest, to the state as part of an amended income tax return.
Status:	05/21/2012 Governor Action - Signed

HB12-1061	The Skills For Jobs Act
GreenCO Category:	Education
Committee Reviewers:	Schneider
Hicks Comments:	Bill may create link between skill jobs needs in state and the ttraining under taken to fill those needs
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	KAGAN
Summary:	H.B. 12-1061 Higher education - report - credential production - workforce projections. The act requires the department of higher education (department), in consultation with the department of labor, the department of regulatory agencies, and any other entity the department deems appropriate, to produce, within the limits of available resources and data, an annual report regarding state workforce projections and education credential production. The report will show the workforce needs that are not being met by state degree and certificate programs and identify institutions, public or private, that may be able to address those workforce needs through new programs or expansion of existing ones. The department will send the report to every public postsecondary governing board in the state and will work with the department of education to provide the report to the state's public school districts, the Colorado charter school institute, and Colorado private elementary, middle, and high schools. The act repeals July 1, 2016. APPROVED by Governor April 2, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status:	04/02/2012 Governor Action - Signed

HB12-1082	Prevailing Compensation On Public Works Projects
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:
Position:	PI
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SOPER
Summary:	The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to: * Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works. * Post the prevailing wages and fringe benefits; * Pay workers at least once a week; * Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and * File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill: * Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties; * Establishes a private right of action; * Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and * Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively.
Status:	01/25/2012 House Committee on Local Government Postpone Indefinitely

HB12-1105	Wind Energy Property Rights
GreenCO Category:	Business Practice
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Wind Energy Considered Property right
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BECKER
Summary:	The bill establishes a nonseverable wind energy right in real property.
Status:	05/29/2012 Governor Action - Signed

HB12-1118	School Collective Bargaining Open To Public
GreenCO Category:	Business Practices/Education
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Bill allows public attendence of school collective bargining discussions.
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	CONTI
Summary:	A meeting of members of a board of education (local board) or school administration personnel with one or more representatives of employees at which the terms of a collective bargaining agreement are negotiated are open to the public, and the local board or school administration personnel shall give any prior notice of the meeting that is required by law. A local board may conduct an executive session to determine its position on matters subject to negotiations so long as a representative of employees is not present during the executive session. When a local board enters into the terms of a written collective bargaining agreement, the local board shall make available for public inspection any document that: * Has been presented to a representative of the employees who are a party to the agreement, by any member of the local board or school administrative personnel that is a party to the agreement; or * Has been presented to any member of the local board or school administrative personnel that is a party to the agreement to a representative of the employees who are a party to the agreement. For the purposes of the "Colorado Sunshine Act of 1972", "local public body" includes members of a local board, school administration personnel, or a combination thereof, who are involved in a meeting with one or more representatives of employees at which a collective bargaining agreement is discussed. For the purposes of the "Colorado Open Records Act", "public records" includes documents relating to the conduct of collective bargaining negotiations between a local board, school administration personnel, or a combination thereof, and a representative of employees.
Status:	04/04/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

HB12-1119	Success Act To Limit State Agency Fines
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Limits fines to businesses by state agencies for minor violations
Position:	Conditionally Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	CORAM / GIRON
Summary:	The bill limits the discretion of a state executive branch agency to impose a fine for a minor violation of a state law or a state agency rule by prohibiting an agency from: * Imposing a fine for a minor violation that is an inspection-related violation if the violator made a reasonable good faith effort to comply with the state law or state agency rule that it violated unless: * The state agency provides written notice of the violation to the violator within 20 business days of the date of the inspection; and * The violator fails to remedy the violation within 20 business days of receiving the notice. * Imposing a fine for a minor violation that is a paperwork violation unless: * The state agency provides written notice of the violation to the violator within 90 business days after the violator committed the violation by missing a filing deadline or filing an erroneous form or other filing; and * The violator fails to remedy the violation within 90 business days of receiving the notice of the violation.
Status:	06/06/2012 Governor Action - Signed

HB12-1127	Unemployment Ins Rate Reduction New Employers
GreenCO Category:	Insurance
Committee Reviewers:	Sibelius
Hicks Comments:	Revises Unemployement rates for new employees
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	LISTON
Summary:	The current unemployment insurance premium rate for new employers is 0.0170. In legislation enacted in 2011 (House Bill 11-1088), once solvency in the unemployment insurance fund is achieved, the rate for new employers would increase. This bill eliminates this rate increase and keeps the rate at 0.0170 after solvency in the unemployment insurance fund is reached.
Status:	03/19/2012 Governor Action - Signed

HB12-1129	Moneys For Small Business Development Centers
GreenCO Category:	Business practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Bill allocates funds for small business development centers in Colorado
Position:	Monitor
Calendar Notification:	NOT ON CALENDAR
Sponsors:	TYLER / JAHN
Summary:	For the 2012-13 and 2013-14 state fiscal years, the bill requires the general assembly to appropriate moneys, in amounts to match federal funds but not to exceed $300,000 each year, to the Colorado office of economic development (office). The state director of small business development centers (SBDCs) in the office may expend up to 15% of the appropriated moneys to increase awareness of SBDCs and shall equitably distribute the remainder to SBDCs across the state and, where possible, to reestablish SBDCs that have closed since January 1, 2007. The office is required to report to the general assembly regarding the disbursement and the measurable results of the use of those moneys.
Status:	04/17/2012 House Committee on Appropriations Postpone Indefinitely

HB12-1167	Special Fuel Inspection & Revenues
GreenCO Category:	Tax
Committee Reviewers:	Pielin
Hicks Comments:	Bill changes definitions and tax on certain motor vehicle fuels and their regulation in Colorado
Position:	PI
Calendar Notification:	NOT ON CALENDAR
Sponsors:	FISCHER
Summary:	The bill modifies the regulation of the fuel products by the division of oil and public safety (division) in the department of labor and employment as follows: * Section 1 of the bill broadens the duties of the director of the division (director) to include the regulation of fuel products other than liquids. * Section 2 includes "natural gas" in the definition of "fuel products". * Section 3 specifies that natural gas is subject to inspection. * Section 4 requires liquefied natural gas and compressed natural gas to comply with certain national standards. * Section 5 requires a person who ships natural gas into the state to notify the director. * Section 6 requires natural gas to be subject to the same environmental response surcharge as liquefied petroleum gas and modifies how the surcharge is levied on liquefied petroleum gas. Section 6 also permits the fees to be used for inspections related to natural gas. * Sections 7, 8, 10, 11, 12, and 13 make conforming amendments related to the fact that natural gas is not a liquid measured in gallons. * Section 9 establishes labeling standards for natural gas. The bill also modifies the collection of the tax on special fuel as follows: * Section 14 modifies the definition of "special fuel" to include "electricity". As a result, "electricity" used to propel a motor vehicle on a highway will be subject to the tax on special fuel. Section 14 also modifies the definition of "distributor" to include certain persons who sell or use natural gas and electricity, but exclude a person who sells to a home user. * Section 15 repeals the annual license tax fee that is charged in lieu of the special fuel tax and the related decal system, so that liquefied petroleum gas and natural gas will be subject to the special fuel tax. * Section 16 makes a conforming amendment to accommodate the elimination of the decal system. * Section 17 requires a person who is not a licensed distributor to pay the special fuel tax, based on a metered reading, and file a return related to liquefied petroleum gas, natural gas, or electricity if such tax has not been paid by a distributor. This requirement will apply to a person who receives the special fuel in his or her home. Section 17 also requires the division to establish minium standards for the meters. * Section 18 clarifies how a person who pays sales tax on special fuel that is subject to the special fuel tax may apply for a refund.
Status:	02/22/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

HB12-1210	Recognition Out-of-state Professionals To Practice
GreenCO Category:	Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Bill creates a 12 month period of time for professionals to file for Colorado licenses or certification
Position:	Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BEEZLEY / JAHN
Summary:	The bill allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado.
Status:	03/15/2012 Senate Committee on Health and Human Services Postpone Indefinitely

HB12-1241	Review Enterprise Zone Designations
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	Bill revises enterprise tax credit zones. Makes changes that will hurt existing businesses and future growth efforts
Position:	Support with Amendment
Calendar Notification:	NOT ON CALENDAR
Sponsors:	FERRANDINO
Summary:	The bill requires any new enterprise zone designation to meet at least 2 of the criteria currently listed in statute, rather than at least one. Additionally, the bill requires the director of the Colorado office of economic development (director) and the Colorado economic development commission (commission) to review the enterprise zone designations at least once every 5 years to ensure that the existing zones continue to meet those criteria. As a part of each 5-year review, the director and the commission are required to analyze the annual documentation of efforts required by law. The bill allows the director and the commission to make changes or terminate existing enterprise zone designations based on the review. If it is determined that existing enterprise zone designations need to change or be terminated, the change or termination shall not be undertaken in a high unemployment period. The bill requires any changes or terminations to be reported to the legislative audit committee and the finance committees of the house of representatives and the senate. The bill allows the director and the commission to make recommendations for improved or different criteria to be used for the designation of an enterprise zone. Any recommendations are required to be presented to the legislative audit committee in conjunction with the annual presentation already required by law and reported to the finance committees of the house of representatives and the senate. The bill requires the director of the Colorado economic development commission to notify the state auditor when the review is completed. The state auditor is then required to commence a performance audit of the review undertaken and to submit a report to the governor and general assembly. The bill also requires all enterprise zones to comply with the requirement to submit annual documentation of efforts to improve economic conditions.
Status:	06/06/2012 Governor Action - Signed

HB12-1251	Reforms To Urban & Rural Enterprise Zone Act
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	Bill make changes to enterprise tax credit programs and revises urban and rural criteria. Changes have potential to hurt urban businesses.
Position:	PI-Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	HULLINGHORST / HEATH
Summary:	The bill: * For the income tax years commencing on or after January 1, 2014, limits the amount of an income tax credit that may be claimed in an income tax year for qualified investments in an enterprise zone to the sum of the taxpayer's actual tax liability for the income tax year up to $5,000, plus 50% of any portion of the tax liability for the income tax year that exceeds $5,000 up to a maximum of $500,000. * Allows a taxpayer to appeal to the Colorado economic development commission (commission) for permission to claim a credit in excess of the limit specified in the bill. * Requires the commission to annually post information regarding claimed investment tax credits on its web site or the Colorado office of economic development's web site. * Requires the commission to provide the department of revenue with information related to taxpayers receiving any credits allowed under the "Urban and Rural Enterprise Zone Act".
Status:	02/29/2012 House Committee on Finance Postpone Indefinitely

HB12-1260	Limit Enterprise Zone Investment Income Tax Credit
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	Bill limits enterprise tax zone credits in any given year.. Would hurt large companies that make sizeable investments in any given year.
Position:	PI-Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	LABUDA
Summary:	For the income tax years commencing on or after January 1, 2013, the bill limits the amount of an income tax credit that may be claimed in an income tax year for qualified investments in an enterprise zone. The limit is the lesser of: * The taxpayer's actual tax liability for the income tax year to the extent such liability does not exceed $5,000, plus 50% of any portion of the tax liability for the income tax year that exceeds $5,000; or * $250,000.
Status:	02/29/2012 House Committee on Finance Postpone Indefinitely

HB12-1277	Local Control Oil Gas Regulation
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	NEW!! Bill allows local Govt. To oversee and regulate oil/gas industry. Move in wrong direction, should be one standard for industry in state not 25-50 versions
Position:	PI-Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	JONES / BACON
Summary:	The bill clarifies that oil and gas operations are subject to local governments' authority, as well as the authority of the oil and gas conservation commission. The bill establishes that oil and gas operations are subject to the same local government control as is established for other mineral extractions.
Status:	02/20/2012 House Committee on Local Government Postpone Indefinitely

HB12-1278	South Platte Groundwater Study Augmentation
GreenCO Category:	Water
Committee Reviewers:	Schneider, CNGA & RMSGA Reps
Hicks Comments:	Bill looks at South Platte augmentation plans
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	FISCHER
Summary:	The bill authorizes a study of the interaction between the South Platte alluvial aquifer and surface streams. It also authorizes the state engineer to respond to damaging conditions caused by high groundwater levels in water division 1 in the following manners: * Approve temporary substitute water supply plans that do not require the replacement of all out-of-priority depletions when deemed necessary to remedy adverse conditions caused by high groundwater levels; * Permit out-of-priority well pumping without requiring replacement of depletions; * Request that the water judge for water division 1 use the retained jurisdiction provisions to reconsider augmentation plan decrees based on information obtained from the authorized study; and * Withhold approval for new recharge projects until completion of the authorized study.
Status:	05/30/2012 Governor Action - Signed

HB12-1284	Small Business Financing Interim Committee
GreenCO Category:	Economic Development
Committee Reviewers:	Pielin, Stiles, Sibelius
Hicks Comments:	Bill creates interim committee to study small business financing in Colorado
Position:	PI
Calendar Notification:	NOT ON CALENDAR
Sponsors:	WILSON / HEATH
Summary:	The bill creates a legislative interim committee to study, during the 2012 interim, issues related to small business financing in Colorado. The bill specifically requires the interim committee to meet with small business lenders and principals of small businesses to determine whether there is an unfilled need for capital and loans that discourages business expansion in Colorado. The bill also tasks the interim committee with assessing whether changes could be made in Colorado laws affecting small business financing to better enable the formation of business capital.
Status:	02/14/2012 House Committee on Economic and Business Development Postpone Indefinitely

HB12-1309	Colorado Mandatory E-verify Act
GreenCO Category:	Immigration/Business Practices
Committee Reviewers:	Steele, Tinberg, Stiles
Hicks Comments:	Bill mandates employer use of E-Verfiy or face hefty fines.
Position:	Actively Oppose
Calendar Notification:	NOT ON CALENDAR
Sponsors:	SWALM / KING K.
Summary:	Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the "Colorado Mandatory E-verify Act", which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a 6-month suspension of the employer's business licenses. The department of labor and employment (department) must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the act on its web site.
Status:	05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

HB12-1334	Severence Tax Funding Agricultural Energy Projects
GreenCO Category:	Economic Development
Committee Reviewers:	Steel, Tinberg and Stiles
Hicks Comments:	Bill extends funding for AG energy projects for five years.
Position:	Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	BECKER / HODGE
Summary:	H.B. 12-1334 Agricultural energy-related projects - funding - appropriation. In 2006, the general assembly approved a transfer of $500,000 from the operational account of the severance tax trust fund to the agricultural value-added cash fund for 3 years to promote agricultural energy-related projects. In 2009, the general assembly approved a 2-year extension. The act extends the funding for an additional 5 years. The act appropriates $500,000 to the department of agriculture for the projects. APPROVED by Governor May 24, 2012 EFFECTIVE July 1, 2012
Status:	05/24/2012 Governor Action - Signed

HB12-1360	Surplus General Fund Transfer To Econ Dev Fund
GreenCO Category:	Economic Development
Committee Reviewers:
Hicks Comments:	Bill allows 4 million transfer to economic development Great investment
Position:	Conditionally Support
Calendar Notification:	NOT ON CALENDAR
Sponsors:	GEROU / STEADMAN
Summary:	Joint Budget Commitee. On June 30, 2012, the state treasurer is required to transfer up to $4,000,000 to the Colorado economic development fund from the amount by which the June 2012 estimate of general fund revenue prepared by the office of state planning and budgeting (OSPB) for the 2011-12 fiscal year exceeds the March 2012 estimate of general fund revenue prepared by OSPB for the 2011-12 fiscal year.
Status:	05/24/2012 Governor Action - Signed