Douglas County Business Alliance

Douglas County Business Alliance

HB17-1001 Employee Leave Attend Child's Academic Activities 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Employee Leave Attend Child's Academic Activities
Sponsors: J. Buckner / A. Kerr
Summary:

In 2009, the general assembly enacted the 'Parental Involvement in K-12 Education Act' (2009 act), which allowed an employee of an employer who is subject to the federal 'Family and Medical Leave Act of 1993' to take leave from work for the purpose of attending academic activities for or with the employee's child. Under the 2009 act, academic activities included parent-teacher conferences or meetings related to special education services, interventions, dropout prevention, attendance, truancy, or discipline issues. The leave was allowed for an employee who is the parent or legal guardian of a child enrolled in a public or private school or in a nonpublic home-based educational program in this state in kindergarten through twelfth grade.

Leave under the 2009 act was limited to 6 hours per month and 18 hours in any academic year. The 2009 act permitted employers to:

  • Restrict the use of leave in cases of emergency or other situations that may endanger a person's health or safety or if the employee's absence would halt the employer's service or production; and
  • Limit the leave to 3-hour increments at a time and require the employee to submit written verification from the school or school district of the activity necessitating the leave.

An employee was required to provide the employer with at least one week's notice of the leave except in emergency situations.

The 2009 act specified that the 2009 act would repeal on September 1, 2015. The repeal provision was never amended, so the 2009 act repealed on September 1, 2015.

The bill recreates and reenacts the 2009 act with the following modifications:

  • School districts and institute charter schools must post on their websites, and include in district-wide or school-wide communications sent to parents and the community at large, information about the act;
  • The Colorado state advisory council for parent involvement in education must also provide information about the act to the extent possible within existing resources; and
  • The act continues indefinitely and the original repeal date in the 2009 act is amended to specify that the repeal was to apply only to the 2009 act.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Education
2/6/2017 House Committee on Education Refer Unamended to House Committee of the Whole
2/9/2017 House Second Reading Passed - No Amendments
2/10/2017 House Third Reading Passed - No Amendments
2/24/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
3/15/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Buckner
Senate Sponsors: Kerr

HB17-1002 Child Care Expenses Income Tax Credit Extension 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Child Care Expenses Income Tax Credit Extension
Sponsors: B. Pettersen | T. Exum / B. Martinez Humenik | J. Kefalas
Summary:

For the 3 income tax years prior to January 1, 2017, a residential individual who has a federal adjusted gross income of $25,000 or less may claim a refundable state income tax credit for child care expenses. The tax credit is equal to 25% of eligible child care expenses that the individual incurred during the taxable year, up to a maximum amount of $500 for a single dependent or $1,000 for 2 or more dependents. The bill extends the tax credit for 3 more income tax years.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Finance + Appropriations
2/27/2017 House Committee on Finance Refer Unamended to Appropriations
5/2/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed - No Amendments
5/3/2017 House Third Reading Passed - No Amendments
5/3/2017 Introduced In Senate - Assigned to Finance
5/5/2017 Senate Committee on Finance Refer Unamended to Appropriations
5/9/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed with Amendments - Floor
5/10/2017 Senate Third Reading Passed with Amendments - Floor
5/10/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/22/2017 Sent to the Governor
6/2/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Pettersen and Exum
Senate Sponsors: Kefalas

HB17-1007 Tax Benefit Employer Collegeinvest Contribution 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Tax Benefit Employer Collegeinvest Contribution
Sponsors: A. Garnett / B. Gardner
Summary:

The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate.

The bill allows an employer, whether filing as an individual or a corporation, to claim a deduction for any amount that the employer contributes to an employee's college trust account or savings account that is administered by collegeinvest. This deduction may be claimed even if the contribution has already been deducted from the employer's federal taxable income.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In House - Assigned to Education + Finance
4/12/2017 House Committee on Education Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Garnett
Senate Sponsors: Gardner

HB17-1009 Restore Nonessential Articles Tax Exemptions 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Restore Nonessential Articles Tax Exemptions
Sponsors: K. Van Winkle
Summary:

Before March 1, 2010, state law exempted from state sales and use taxes all articles sold to sellers of food, meal, or beverage items that sellers furnish to their customers along with the items without adding a separate charge. Effective March 1, 2010, House Bill 10-1194 narrowed the exemptions by subjecting to state sales and use taxes any such articles that the department of revenue determined to be nonessential to the customer. Effective January 1, 2018, the bill reinstates the exemptions from state sales and use taxes for nonessential articles.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
1/26/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Van Winkle, Becker J., Leonard, Liston, McKean, Navarro, Neville P., Saine, Landgraf
Senate Sponsors:

HB17-1018 Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy
Sponsors: D. Mitsch Bush | L. Liston / B. Gardner
Summary:

Current law authorizes a regional transportation authority to seek voter approval for a uniform mill levy of up to 5 mills on all taxable property within its territory, but the authorization is scheduled to repeal on January 1, 2019. The bill extends the authorization until January 1, 2029.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Transportation & Energy
1/25/2017 House Committee on Transportation & Energy Refer Unamended to House Committee of the Whole
1/30/2017 House Second Reading Passed - No Amendments
1/31/2017 House Third Reading Passed - No Amendments
1/31/2017 Introduced In Senate - Assigned to Local Government
2/14/2017 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/17/2017 Senate Second Reading Passed - No Amendments
2/21/2017 Senate Third Reading Passed - No Amendments
2/27/2017 Sent to the Governor
2/27/2017 Signed by the President of the Senate
2/27/2017 Signed by the Speaker of the House
3/1/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Mitsch Bush and Liston
Senate Sponsors: Gardner

HB17-1021 Wage Theft Transparency Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Wage Theft Transparency Act
Sponsors: J. Danielson / J. Cooke
Summary:

Current law requires employers to release requested information to the division of labor standards and statistics (division) in the department of labor and employment and allows the division to have access to employers' premises and all books, records, and payrolls of employers. Current law also prohibits the release of any of this information obtained by the division if the release of the information might reveal a trade secret. The bill clarifies that information obtained by the division that relates to a finding by the division of a violation of wage laws is not confidential and shall be released to the public or for use in a court proceeding, unless the director of the division makes a determination that the information includes specific information that is a trade secret.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In House - Assigned to Judiciary
2/16/2017 House Committee on Judiciary Refer Amended to House Committee of the Whole
2/21/2017 House Second Reading Passed with Amendments - Committee
2/22/2017 House Third Reading Laid Over Daily - No Amendments
2/23/2017 House Third Reading Passed - No Amendments
2/24/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/20/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/21/2017 Senate Second Reading Special Order - Passed - No Amendments
3/22/2017 Senate Third Reading Laid Over Daily - No Amendments
3/23/2017 Senate Second Reading Laid Over to 03/27/2017 - No Amendments
3/23/2017 Senate Second Reading Reconsidered - No Amendments
3/27/2017 Senate Second Reading Passed - No Amendments
3/28/2017 Senate Third Reading Passed - No Amendments
4/4/2017 Sent to the Governor
4/4/2017 Signed by the President of the Senate
4/4/2017 Signed by the Speaker of the House
4/13/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Danielson
Senate Sponsors:

HB17-1023 Clarifying Deceptive Trade Practice Subpoenas 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Clarifying Deceptive Trade Practice Subpoenas
Sponsors: T. Kraft-Tharp | C. Wist / C. Holbert | L. Court
Summary:

The bill clarifies that the attorney general or a district attorney may issue a subpoena to a person whom he or she has reasonable cause to believe has engaged or is engaging in a deceptive trade practice in violation of Colorado statute. It also specifies that the subpoena may be issued pursuant to rule 4 of the Colorado rules of civil procedure.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Judiciary
1/31/2017 House Committee on Judiciary Refer Amended to House Committee of the Whole
2/3/2017 House Second Reading Passed with Amendments - Committee
2/6/2017 House Third Reading Passed - No Amendments
2/6/2017 Introduced In Senate - Assigned to Judiciary
3/6/2017 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/8/2017 Senate Second Reading Special Order - Passed - No Amendments
3/9/2017 Senate Third Reading Passed - No Amendments
3/14/2017 Signed by the Speaker of the House
3/16/2017 Sent to the Governor
3/16/2017 Signed by the President of the Senate
3/20/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Wist
Senate Sponsors: Court and Holbert

HB17-1031 Hearings On Transportation Commission Districts 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Hearings On Transportation Commission Districts
Sponsors: D. Mitsch Bush | T. Carver / J. Cooke | N. Todd
Summary:

Transportation Legislation Review Committee. The bill requires the transportation legislation review committee to meet 5 times before November 15, 2017, once in each geographic quadrant of the state and once in the Denver metropolitan area, to:

  • Make available to meeting attendees the 2016 research study of changes to the state transportation commission districts (districts) since the boundaries of the districts were last redrawn in 1991, prepared by legislative council staff with the cooperation of the department of transportation as required by House Bill 16-1031; and
  • Offer opportunities to members of the public to express their opinions regarding the districts or the research study and offer comments and suggestions regarding whether the districts should be modified.

The committee may consider the availability of remote testimony, and a public hearing conducted by remote testimony for the purpose of obtaining testimony from a single geographic quadrant of the state or from the Denver metropolitan area may count toward the requirements of the bill.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Transportation & Energy
1/25/2017 House Committee on Transportation & Energy Refer Unamended to Appropriations
4/13/2017 House Second Reading Special Order - Passed - No Amendments
4/13/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/17/2017 House Third Reading Passed - No Amendments
4/19/2017 Introduced In Senate - Assigned to Transportation
4/25/2017 Senate Committee on Transportation Refer Unamended to Legislative Council
4/28/2017 Senate Committee on Legislative Council Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Carver and Mitsch Bush
Senate Sponsors: Cooke and Todd

HB17-1041 Inform Students And Parents Of Education Leading To Jobs 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Inform Students And Parents Of Education Leading To Jobs
Sponsors: P. Covarrubias / K. Priola
Summary:

In assisting a student and his or her parent in creating the ICAP, the public school must discuss the skills and educational opportunities available through military enlistment and is encouraged to provide to the student information concerning the military enlistment test.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Education
2/6/2017 House Committee on Education Refer Amended to House Committee of the Whole
2/9/2017 House Second Reading Passed with Amendments - Committee
2/10/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Education
2/23/2017 Senate Committee on Education Refer Unamended to Senate Committee of the Whole
2/28/2017 Senate Second Reading Laid Over Daily - No Amendments
3/1/2017 Senate Second Reading Passed with Amendments - Floor
3/2/2017 Senate Third Reading Passed - No Amendments
3/6/2017 House Considered Senate Amendments - Result was to Concur - Repass
3/10/2017 Signed by the Speaker of the House
3/14/2017 Sent to the Governor
3/14/2017 Signed by the President of the Senate
3/20/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Covarrubias
Senate Sponsors:

HB17-1051 Procurement Code Modernization 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Procurement Code Modernization
Sponsors: B. Rankin | A. Garnett / D. Coram | A. Kerr
Summary:

The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions of higher education that have opted out of the code, buy goods and services. The code is administered by the department of personnel (department) and exists to help keep the public trust, promote fair competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's business. The code has been amended many times over the years, but it has not been reviewed in total since the general assembly enacted it in 1982.

General updates (Sections 5, 6, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code.

Promulgation of rules (Sections 9, 29, 33, 35, and 59). The executive director of the department is currently required to promulgate rules in furtherance of the code. The bill makes promulgation of rules by the executive director of the department (executive director) permissive throughout the code and authorizes the director to delegate his or her authority to promulgate rules.

Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory council. The guidelines are often interpreted to apply only to procurement staff and not to other people involved in the procurement process. The bill clarifies that state procurement officials, end users, vendors and contractors, and interested third parties are required to adhere to ethical standards during all phases of the procurement process.

Procurement training (Section 4). The bill authorizes the chief procurement officer to develop and conduct a procurement education and training program for state employees and for vendors.

Application of the code (Section 3). Certain purchasing activities are currently exempt from the code, such as bridge and highway construction, the awarding of grants to political subdivisions, and procurement by institutions of higher education that have formally opted out of the code. The bill exempts the procurement of specified additional goods and services from the code.

Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to comply with federal requirements including the office of management and budget uniform guidance.

Multiyear contracts (Section 38). Currently, the state may enter into a contract for any period as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed the period specified in the solicitation, the contract cannot be extended and a new contract is required. The bill authorizes the state to extend an existing contract, with approval of the chief procurement officer, for a reasonable period if extenuating circumstances exist.

Contract management system (Section 38). The centralized contract management system and related requirements for contract provisions, monitoring, and reporting were established for the purpose of improving the state's contracting process. The bill repeals provisions related to contract monitoring and reporting and allows for remedies, including suspension or debarment, for contractors who do not perform.

Contract terms and conditions (Section 39). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law.

Market research (Section 15). A request for information (RFI) is a commonly used method for obtaining information about pending procurements and doing market research. Currently, RFIs are referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as a market assessment and information gathering tool and clarifies the appropriate methods to conduct market research.

Administrative remedies (Section 40 through 51). The bill clarifies the administrative remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the executive director to refer an appeal to the office of administrative courts, and states that only material issues may be appealed.

Confidentiality and CORA (Sections 7 and 21). Pursuant to current law, procurement records are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records, including bids and responses to RFIs, often contain information that is proprietary or confidential by the submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based on the RFI has been made or until the procurement official determines that the state will not pursue a solicitation based on the RFI. The bill also authorizes the executive director of the department to promulgate rules to clarify the process for classifying confidential or proprietary information.

Procurement set asides, preferences, and goals (Sections 25 through 28). Current law allows a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by which state agencies and nonprofit agencies that employ people with severe disabilities may use the set aside program and authorizes the executive director to promulgate rules for the administration of the program.

In addition, current law contains many procurement preferences and goals; however, these preferences and goals are located in various provisions of the code and in other provisions of the Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology in the preference and goal provisions, make it difficult for vendors and procurement officials to know how each preference and goal should be applied. The bill relocates currently existing procurement preferences and goals into a new part and makes the language of those provisions consistent where possible.

Cooperative purchasing (Section 52). Cooperative purchasing is procurement conducted by, with, or on behalf of more than one public procurement entity. It increases the opportunity for the state and local governments to obtain volume discounts through joint purchasing and it lowers the transaction costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to use cooperative purchasing to increase efficiencies and maximize state resources.

Conforming amendments (Sections 1, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60 through 75). The bill makes necessary conforming amendments.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Business Affairs and Labor
2/28/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/3/2017 House Second Reading Passed with Amendments - Committee, Floor
3/6/2017 House Third Reading Passed - No Amendments
3/7/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/15/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/20/2017 Senate Second Reading Passed - No Amendments
3/21/2017 Senate Third Reading Passed - No Amendments
3/29/2017 Sent to the Governor
3/29/2017 Signed by the President of the Senate
3/29/2017 Signed by the Speaker of the House
4/4/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Rankin and Garnett
Senate Sponsors: Coram and Kerr

HB17-1054 Community-military Cooperation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Community-military Cooperation
Sponsors: T. Carver | D. Nordberg / N. Todd
Summary:

The bill makes findings regarding partnerships between military installations and their host communities in the state with regard to the shared-service opportunities that can cut costs and increase efficiencies in providing governmental services. The bill directs the department of local affairs to support cooperative intergovernmental agreements between military installations and local governments to the extent that the department may do so within existing programs, resources, and technical expertise.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Local Government
2/8/2017 House Committee on Local Government Refer Amended to House Committee of the Whole
2/13/2017 House Second Reading Passed with Amendments - Committee
2/15/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Local Government
2/28/2017 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/2/2017 Senate Second Reading Passed - No Amendments
3/3/2017 Senate Third Reading Passed - No Amendments
3/8/2017 Signed by the Speaker of the House
3/8/2017 Signed by the President of the Senate
3/8/2017 Sent to the Governor
3/16/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Carver and Nordberg
Senate Sponsors: Todd

HB17-1063 Reduce Business Personal Property Taxes 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Reduce Business Personal Property Taxes
Sponsors: T. Leonard / L. Crowder | T. Neville
Summary:

Under current law, if a business has less than $7,300 of personal property that would be listed on a single personal property schedule, then the personal property is exempt from the property tax and the business is not required to submit a schedule to the county assessor. With respect to this exemption, the bill reduces the amount of personal property tax that businesses pay by:

  • Increasing the exemption that applies per schedule from $7,300 to $50,000, adjusted for inflation in the future, which increase will allow more businesses to avoid filing personal property tax schedules; and
  • Allowing businesses whose personal property value exceeds the total exemption amount to claim the exemption.

For public utilities that are assessed statewide, the property tax administrator currently considers all of a public utility's tangible property within the state as a factor in determining the value of the public utility as a unit. The bill modifies the valuation process by:

  • Exempting the first $50,000 or an inflation-adjusted amount of personal property from the property tax and excluding it from the administrator's consideration for valuation purposes; and
  • Excluding the exempt personal property from the public utility's statement of property that it files with the administrator.
    (Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Finance
2/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Leonard, Becker J., Buck, Carver, Covarrubias, Everett, Humphrey, Landgraf, Lawrence,Lewis, Lundeen, McKean, Neville P., Nordberg, Rankin, Ransom, Saine, Sias, Van Winkle,Williams D., Wilson, Wist
Senate Sponsors: Neville T. and Crowder

HB17-1065 Clarify Requirements Formation Metropolitan District 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Clarify Requirements Formation Metropolitan District
Sponsors: K. Lewis / V. Marble
Summary:

Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the land owners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation.

Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Local Government
2/1/2017 House Committee on Local Government Refer Unamended to House Committee of the Whole
2/6/2017 House Second Reading Passed - No Amendments
2/7/2017 House Third Reading Passed - No Amendments
2/8/2017 Introduced In Senate - Assigned to Local Government
3/7/2017 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/10/2017 Senate Second Reading Passed - No Amendments
3/13/2017 Senate Third Reading Passed - No Amendments
3/17/2017 Signed by the President of the Senate
3/17/2017 Signed by the Speaker of the House
3/20/2017 Sent to the Governor
3/23/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Lewis
Senate Sponsors:

HB17-1066 Conservation Easement Tax Credit Landowner Relief 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Conservation Easement Tax Credit Landowner Relief
Sponsors: K. Lewis | J. Becker
Summary:

A state income tax credit is allowed for a portion of the value of a perpetual conservation easement that is granted by a taxpayer on real property located in Colorado. In the past, when the department of revenue disputed the validity or amount of one of these credits, a taxpayer could attempt to resolve the dispute using an administrative appeal process within the department. If the taxpayer was not satisfied with the final determination resulting from the administrative process, the taxpayer could appeal the final determination to a district court.

Starting in 2011, after a backlog of disputed conservation easement claims developed in the administrative process, the law was changed to allow taxpayers to elect to appeal directly to a district court and avoid the administrative appeal process. Unlike taxpayers who stayed in the administrative process, taxpayers who elected to appeal directly to district court were not required to provide a surety bond or other deposit in connection with their appeals, and additional interest and penalties ceased to accrue during their appeals. The bill provides that no surety bond or other deposit is required and no interest and penalties are to accrue for both the administrative appeal process and the district court appeal process.

The law currently allows a conservation easement to be terminated in the same manner as any other easement. The bill specifies that, in addition, a court may exercise its equitable jurisdiction to terminate a conservation easement for which a tax credit has been claimed in certain circumstances if the claim has been rejected.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
2/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Becker J. and Lewis
Senate Sponsors:

HB17-1068 Prevailing Wages For CDOT Colorado Department Of Transportation Public-private Initiatives 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Prevailing Wages For CDOT Colorado Department Of Transportation Public-private Initiatives
Sponsors: A. Benavidez / D. Moreno
Summary:

The state department of transportation (department), the statewide bridge enterprise, and the high-performance transportation enterprise are currently authorized to solicit proposals and consider unsolicited proposals for public-private initiatives for certain public projects. The bill specifies that the department, the statewide bridge enterprise, and the high-performance transportation enterprise may consider proposals, whether solicited or unsolicited, for a public-private initiative that anticipates using federal moneys only if the proposal includes labor costs for construction that use no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area set by the United States department of labor as directed by the federal 'Davis-Bacon Act'.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In House - Assigned to Transportation & Energy
2/1/2017 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
2/6/2017 House Second Reading Passed with Amendments - Committee
2/7/2017 House Third Reading Passed - No Amendments
2/8/2017 Introduced In Senate - Assigned to Transportation
2/21/2017 Senate Committee on Transportation Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Benavidez
Senate Sponsors:

HB17-1090 Advanced Industry Investment Tax Credit Extension 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Advanced Industry Investment Tax Credit Extension
Sponsors: T. Kraft-Tharp | J. Wilson / B. Gardner | J. Kefalas
Summary:

A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000.

The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. From 2019 through 2022, the total maximum amount of credits for a calendar year is increased to $1.5 million. Beginning with the 2018 calendar year, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply.

The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed.

In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/19/2017 Introduced In House - Assigned to Business Affairs and Labor + Finance + Appropriations
2/7/2017 House Committee on Business Affairs and Labor Refer Unamended to Finance
3/1/2017 House Committee on Finance Refer Unamended to Appropriations
5/2/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/2/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/3/2017 House Third Reading Passed - No Amendments
5/3/2017 Introduced In Senate - Assigned to Finance
5/5/2017 Senate Committee on Finance Refer Amended to Appropriations
5/9/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/10/2017 Senate Third Reading Passed - No Amendments
5/10/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/22/2017 Sent to the Governor
6/6/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Wilson
Senate Sponsors: Gardner and Kefalas

HB17-1091 Tax Credit Employer-assisted Housing Projects 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Tax Credit Employer-assisted Housing Projects
Sponsors: B. McLachlan | J. Wilson / D. Coram | K. Donovan
Summary:

For income tax years commencing on or after January 1, 2018, but prior to January 1, 2022, the bill creates a state income tax credit for a donation a taxpayer makes to a sponsor that is used solely for the costs associated with an employer-assisted eligible activity in a rural area. The bill defines 'sponsor' to mean the Colorado Housing and Finance Authority, a housing authority operated by a county or municipality, or a nonprofit corporation that has been designated as community development corporation under the federal tax code.

The amount of the credit allowed by the bill is 20% of the approved amount of the donation as documented in a form and manner acceptable to the department of revenue (department); except that the aggregate amount of the credit awarded to any one taxpayer is limited to $400 in any one income tax year.

If the amount of the credit allowed exceeds the amount of the taxpayer's income tax liability in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in such income tax year is not allowed as a refund but may be carried forward and applied against the income tax due in each of the 5 succeeding income tax years, but must first be applied against the income tax due for the earliest of the income tax years possible.

A taxpayer claiming the credit allowed by the bill is required to submit, maintain, and record any information that the department may require by rule regarding the taxpayer's donation to the sponsor, including the certificate received evidencing the donation. The bill specifies various verification procedures that the taxpayer and sponsor must follow for the taxpayer to be able to claim the credit.

The bill requires each sponsor that has issued certificates evidencing donations in a calendar year in the cumulative amount of $10,000 or more to report to the general assembly by the deadlines specified in the bill on the overall economic activity, usage, and impact to the state from the employer-assisted eligible activity for which it has certified a donation eligible for a tax credit under the bill.

The bill requires the department and the division of housing within the department of local affairs (division) to promulgate any rules necessary to facilitate the effective implementation of this tax credit. The department and the division may each develop policies and procedures necessary to facilitate the effective implementation of the tax credit.

The bill prohibits a taxpayer from claiming the tax credit under the bill for a donation for which the taxpayer is claiming any other state tax credit or deduction.

By the deadlines specified in the bill, the division is required to provide the department with an electronic report on the taxpayers who have received a tax credit under the bill for the calendar year that conforms to the income tax year for which the credit is allowed. The bill specifies information the report must contain.

The statutory provisions created by the bill are repealed, effective July 1, 2031.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/19/2017 Introduced In House - Assigned to Business Affairs and Labor
2/7/2017 House Committee on Business Affairs and Labor Refer Amended to Finance
3/1/2017 House Committee on Finance Refer Amended to Appropriations
5/8/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/9/2017 House Third Reading Passed - No Amendments
5/9/2017 Introduced In Senate - Assigned to Finance
5/9/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Wilson
Senate Sponsors:

HB17-1094 Telehealth Coverage Under Health Benefit Plans 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Telehealth Coverage Under Health Benefit Plans
Sponsors: P. Buck | D. Valdez / L. Crowder | K. Donovan
Summary:

Under current law, health benefit plans are required to cover health care services delivered to a covered person by a provider via telehealth in the same manner that the plan covers health care services delivered by a provider in person. The bill clarifies that:

  • A health plan cannot restrict or deny coverage of telehealth services based on the communication technology or application used to deliver the telehealth services;
  • The availability of telehealth services does not change a carrier's obligation to contract with providers available in the community to provide in-person services;
  • A covered person may receive telehealth services from a private residence, but the carrier is not required to pay or reimburse for any transmission costs or originating site fees the covered person incurs;
  • A carrier is to apply the applicable copayment, coinsurance, or deductible amount to health care services a covered person receives through telehealth, which amount cannot exceed the amount applicable to those health care services when delivered through in-person care; and
  • Telehealth includes health care services provided through HIPAA-compliant audio-visual communication or the use of a HIPAA-compliant application via a cellular telephone but does not include voice-only telephone communication or text messaging.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/19/2017 Introduced In House - Assigned to Health, Insurance, & Environment
2/7/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
2/10/2017 House Second Reading Passed with Amendments - Committee
2/13/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Health & Human Services
2/23/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/28/2017 Senate Second Reading Laid Over Daily - No Amendments
3/1/2017 Senate Second Reading Passed - No Amendments
3/2/2017 Senate Third Reading Passed - No Amendments
3/6/2017 Signed by the Speaker of the House
3/7/2017 Signed by the President of the Senate
3/8/2017 Sent to the Governor
3/16/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Buck and Valdez
Senate Sponsors: Crowder

HB17-1100 Owner Tax Obligation For District Voter Eligibility 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Owner Tax Obligation For District Voter Eligibility
Sponsors: M. Gray
Summary:

Currently, a person may qualify as an eligible elector in certain district elections if the person is an owner of taxable real (or, for some districts, personal) property situated within the boundaries of the district or the area to be included in the district. Further, a person is considered to be an owner for election purposes if the person is obligated to pay taxes under a contract to purchase such taxable property.

For a person qualifying as an eligible elector as an owner by virtue of a contract to purchase taxable property in elections in the following types of districts, the bill mandates that the tax obligation must require the person to pay taxes prior to the date of purchase:

  • Local governments, as defined in the 'Local Government Election Code' (i.e., any district, business improvement district, special district created pursuant to title 32 of the Colorado Revised Statutes, authority, or political subdivision of the state, authorized by law to conduct an election; but does not include a county, school district, regional transportation district, or municipality) ( section 1 of the bill);
  • Law enforcement authorities ( section 2 );
  • Public improvement districts ( section 3 );
  • Local improvement districts ( section 4 );
  • Downtown development authorities ( section 5 );
  • Special districts formed under the 'Special District Act' ( sections 6 and 7 );
  • The urban drainage and flood control district ( section 8 );
  • Water conservancy districts ( section 9 ); and
  • Groundwater management districts ( section 10 ).
    (Note: This summary applies to this bill as introduced.)

Status: 1/19/2017 Introduced In House - Assigned to Local Government
2/15/2017 House Committee on Local Government Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Gray
Senate Sponsors:

HB17-1113 Allow Electronic Committee Participation During Interim 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Allow Electronic Committee Participation During Interim
Sponsors: Y. Willett | J. Arndt / R. Scott
Summary:

The bill gives the executive committee of the legislative council the ability to consider, recommend, and establish policies regarding electronic participation by senators or representatives in committee meetings during the legislative interim.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/20/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations
2/16/2017 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
3/31/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
3/31/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/3/2017 House Third Reading Passed - No Amendments
4/5/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/17/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Legislative Council
4/28/2017 Senate Committee on Legislative Council Refer Amended to Senate Committee of the Whole
5/2/2017 Senate Second Reading Passed with Amendments - Committee, Floor
5/3/2017 Senate Third Reading Laid Over Daily - No Amendments
5/4/2017 Senate Third Reading Passed - No Amendments
5/5/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/18/2017 Governor Signed
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/22/2017 Sent to the Governor
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Willett and Arndt
Senate Sponsors:

HB17-1115 Direct Primary Health Care Services 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Direct Primary Health Care Services
Sponsors: P. Buck | J. Ginal / J. Kefalas | J. Tate
Summary:

The bill establishes parameters under which a direct primary care agreement (agreement) may be implemented. An agreement may be entered into between a direct primary health care provider (provider) and a patient for the payment of a periodic fee and for a specified period of time. The provider must be a licensed, registered, or certified individual or entity authorized to provide primary care services.

The bill establishes that the agreement is not the business of insurance or the practice of underwriting and does not fall under regulation of the division of insurance. The bill outlines the conditions under which a provider may discontinue care to a patient.


(Note: This summary applies to this bill as introduced.)

Status: 1/20/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/2/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/7/2017 House Second Reading Laid Over Daily - No Amendments
3/8/2017 House Second Reading Passed with Amendments - Committee
3/9/2017 House Third Reading Passed - No Amendments
3/10/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/27/2017 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
3/29/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
3/30/2017 Senate Third Reading Laid Over Daily - No Amendments
4/3/2017 Senate Third Reading Passed with Amendments - Floor
4/4/2017 House Considered Senate Amendments - Result was to Laid Over Daily
4/11/2017 House Considered Senate Amendments - Result was to Concur - Repass
4/19/2017 Signed by the Speaker of the House
4/20/2017 Sent to the Governor
4/20/2017 Signed by the President of the Senate
4/24/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Buck, McKean
Senate Sponsors:

HB17-1119 Payment Of Workers' Compensation Benefits 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Payment Of Workers' Compensation Benefits
Sponsors: T. Kraft-Tharp | L. Sias / C. Jahn | J. Tate
Summary:

The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance.

The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.


(Note: This summary applies to this bill as introduced.)

Status: 1/20/2017 Introduced In House - Assigned to Business Affairs and Labor
3/28/2017 House Committee on Business Affairs and Labor Refer Amended to Finance
4/12/2017 House Committee on Finance Refer Unamended to Appropriations
4/28/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/4/2017 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Finance
5/5/2017 Senate Committee on Finance Refer Unamended to Appropriations
5/9/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
5/10/2017 Senate Third Reading Passed - No Amendments
5/10/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/22/2017 Sent to the Governor
6/5/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Sias, Nordberg, Singer
Senate Sponsors: Jahn and Tate

HB17-1153 Highway Congestion Mitigation 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Highway Congestion Mitigation
Sponsors: D. Williams | H. McKean / B. Gardner
Summary:

The bill clarifies that high occupancy vehicle lanes are lanes on which a vehicle carrying 2 or more individuals, including the driver, may travel and that high occupancy toll lanes are lanes on which a vehicle carrying fewer than 2 individuals, including the driver, must pay a toll. The bill also raises the priority of currently unfunded projects to expand the capacity of interstate highway 25 between the town of Castle Rock and the town of Monument and between state highway 14 and state highway 66 (high priority projects) by:

  • Requiring the department of transportation (CDOT) to put the high priority projects above all other unfunded projects on its priority list for project funding;
  • Requiring all federal money received by CDOT that the federal government does not require to be allocated for other projects and that CDOT has not previously allocated for other projects to be used to fund the high priority projects before being used to fund other projects; and
  • Requiring any environmental studies or other studies required to be completed before the high priority projects may begin to be completed no later than 6 months following the effective date of the bill and prohibiting study findings from being used to prevent the high priority projects from being undertaken.
    (Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Introduced In House - Assigned to Transportation & Energy
3/8/2017 House Committee on Transportation & Energy Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Williams D. and McKean, Carver, Covarrubias, Humphrey, Landgraf, Lawrence, Liston,Lundeen, Neville P., Nordberg, Ransom, Saine, Van Winkle
Senate Sponsors: Gardner, Hill

HB17-1161 TIF Tax Increment Financing Transparency 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: TIF Tax Increment Financing Transparency
Sponsors: S. Beckman
Summary:

Not later than 90 days after the end of the first fiscal year of an urban renewal authority (authority) after the governing body of a municipality has approved an urban renewal plan (plan) that allocates any incremental property or sales tax revenues of any taxing entity other than the municipality, and on the same day each year thereafter, the bill requires the authority to prepare a report for public distribution.

The authority is required to send a copy of the report by first class mail and by e-mail to each taxing entity other than the municipality whose incremental property or sales tax revenues will be allocated under the plan.

The bill specifies items the report is to address.

With the annual report, the bill also requires an authority to submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. As part of the audit, the certified public accountant is also required to report whether the authority has used any incremental property or sales tax revenues for any unauthorized purposes other than for eligible costs. In connection with the preparation of the report, the authority must also provide any other financial information that is reasonably required by the governing body of the municipality.

If the audit finds that any incremental property or sales tax revenues have been used for any unauthorized purposes, the authority is liable for the repayment of such incremental tax revenues to the taxing entities whose incremental property or sales tax revenues were allocated under the plan.


(Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Introduced In House - Assigned to Business Affairs and Labor
2/21/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Beckman
Senate Sponsors:

HB17-1167 Existing Businesses In Business Improvement District 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Existing Businesses In Business Improvement District
Sponsors: T. Leonard / T. Neville
Summary:

A business improvement district (district) is a type of special district created within a municipality to fund certain types of improvements that will, among other things, promote the continued vitality of existing business areas within the municipality. The law currently allows a municipality to include areas in a district that do not have any existing businesses. The bill requires these areas to have existing businesses.


(Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
2/21/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Leonard
Senate Sponsors: Neville T., Marble, Lundberg

HB17-1169 Construction Defect Litigation Builder's Right To Repair 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Construction Defect Litigation Builder's Right To Repair
Sponsors: T. Leonard / J. Tate
Summary:

The bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages.


(Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Leonard, Lundeen, Humphrey, Williams D., Carver, Everett, Van Winkle, Becker J.,Navarro, Neville P., Nordberg
Senate Sponsors: Tate, Neville T.

HB17-1171 Authorize New Transportation Revenue Anticipation Notes 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Authorize New Transportation Revenue Anticipation Notes
Sponsors: T. Carver | P. Buck
Summary:

In 1999, the voters of the state authorized the executive director of the department of transportation (executive director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.

Section 3 of the bill repeals a requirement that the state treasurer make conditional transfers, which are reduced or eliminated if the state is required to refund excess state revenues in accordance with the taxpayer's bill of rights, of a specified percentage of total general fund revenues from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20.

Section 4 of the bill requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5 billion once the TRANs already issued are repaid in full. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 6 of the bill until the notes are fully repaid.

Section 5 of the bill requires proceeds from the sale of any additional TRANs that are not otherwise pledged for the payment of the TRANs to be used only for specified projects until all of the projects have been funded in whole or in part with such proceeds and have been fully funded and specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.

Sections 6 and 7 of the bill require 10% of state sales and use tax net revenue collected on or after July 1, 2017, to be credited to the highway users tax fund (HUTF), paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects. Section 6 also requires 1% of state sales and use tax net revenue collected on or after July 1, 2017, less ten million dollars to be credited to the capital construction fund.


(Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Finance + Appropriations
3/29/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Buck and Carver
Senate Sponsors:

HB17-1191 Demographic Notes For Certain Legislative Bills 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Demographic Notes For Certain Legislative Bills
Sponsors: L. Herod | K. Becker / K. Donovan
Summary:

The bill requires the staff of the legislative council to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council.

The bill requires the staff of the legislative council to meet with the member of leadership requesting the demographic note and with the sponsor of the legislative bill to discuss whether a demographic note can practically be completed for that legislative bill. If not, the member of leadership may request a demographic note, within the limits specified in the bill, on a different legislative bill that might be more conducive to a demographic note's analysis.

A demographic note is defined as a note that uses available data to outline the potential disparate effects of a legislative measure on various populations within the state. Populations may be identified by race, gender, disability, age, geography, income, or any other relevant characteristic for which data are available.

The bill requires the director of research to develop the procedures for requesting, completing, and updating the demographic notes and to memorialize the procedures in a letter to the executive committee of the legislative council.

Finally, the bill requires each state department, agency, or institution to cooperate with and provide information for a demographic note of a legislative bill in the manner requested by the staff of the legislative council.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/17/2017 Introduced In House - Assigned to Finance
3/13/2017 House Committee on Finance Refer Unamended to Appropriations
4/28/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to Finance
5/4/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Becker K. and Herod, Pabon, Winter, Garnett, Becker J., Coleman, Covarrubias, Esgar,Exum, Ginal, Hansen, Hooton, Jackson, McLachlan, Melton, Salazar, Weissman
Senate Sponsors:

HB17-1193 Small Cell Facilities Permitting And Installation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Small Cell Facilities Permitting And Installation
Sponsors: T. Kraft-Tharp | J. Becker / A. Kerr | J. Tate
Summary:

Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks.

Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'.

Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached.

Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes.

Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility.

Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area.

Section 11 makes a conforming amendment.

Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/21/2017 Introduced In House - Assigned to Business Affairs and Labor
2/28/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/3/2017 House Second Reading Passed with Amendments - Committee, Floor
3/6/2017 House Third Reading Laid Over Daily - No Amendments
3/7/2017 House Third Reading Passed - No Amendments
3/10/2017 Introduced In Senate - Assigned to Local Government
3/21/2017 Senate Committee on Local Government Refer Amended to Senate Committee of the Whole
3/24/2017 Senate Second Reading Laid Over Daily - No Amendments
3/24/2017 Senate Second Reading Laid Over to 03/27/2017 - No Amendments
3/28/2017 Senate Second Reading Passed with Amendments - Committee
3/29/2017 Senate Third Reading Passed - No Amendments
3/30/2017 House Considered Senate Amendments - Result was to Laid Over Daily
3/31/2017 House Considered Senate Amendments - Result was to Concur - Repass
4/11/2017 Signed by the Speaker of the House
4/12/2017 Signed by the President of the Senate
4/13/2017 Sent to the Governor
4/18/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Becker J.
Senate Sponsors: Tate and Kerr

HB17-1214 Encourage Employee Ownership Of Existing Small Business 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Encourage Employee Ownership Of Existing Small Business
Sponsors: J. Coleman / J. Tate
Summary:

The bill requires the Colorado office of economic development (office) to engage the services of a local nonprofit organization that supports and promotes the employee-owned business model to educate the staff at the office on the forms and merits of employee ownership in order for the office to promote employee ownership as part of its small business assistance center.

The bill requires the office to establish and administer a revolving loan program to assist transitions of existing businesses to employee-owned businesses. The bill specifies that the office may enter into a contract, following an open and competitive process, with a local nondepository nonprofit organization that supports and promotes the employee-owned business model, a bank, or a nondepository community development financial institution to establish and administer the revolving loan program. The bill allows the office to work with the Colorado housing and finance authority to assist in offering loans under the program. The bill specifies the types of businesses that may qualify for the program, sets a maximum amount of any loan, and specifies what the loans may and may not be used for. The bill also allows the office to seek matching private sector money to help capitalize the program.

The bill authorizes the office to accept and expend gifts, grants, and donations to capitalize the program, and may annually keep the first 15% of the money raised for administration purposes. The bill creates the revolving loan program cash fund and the money in the fund is continuously appropriated to the office.

The bill also specifies that the office is required to establish guidelines and post on its website administrative details about the revolving loan program, such as fees, costs, interest rates, and loan terms.

The bill includes a repeal of the section of law creating the program, effective July 1, 2022.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/27/2017 Introduced In House - Assigned to Business Affairs & Labor
2/27/2017 Introduced In House - Assigned to Business Affairs and Labor
3/16/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/21/2017 House Second Reading Passed with Amendments - Committee, Floor
3/22/2017 House Third Reading Passed - No Amendments
3/23/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/10/2017 Senate Second Reading Referred to Business, Labor, & Technology - No Amendments
4/12/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole
4/12/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
4/18/2017 Senate Second Reading Laid Over Daily - No Amendments
4/19/2017 Senate Second Reading Passed - No Amendments
4/20/2017 Senate Third Reading Laid Over Daily - No Amendments
4/21/2017 Senate Third Reading Passed - No Amendments
5/15/2017 Signed by the Speaker of the House
5/18/2017 Sent to the Governor
5/18/2017 Signed by the President of the Senate
5/18/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Coleman, Gray, Rosenthal, Arndt, Covarrubias, Melton
Senate Sponsors: Tate, Kerr, Williams A.

HB17-1216 Sales And Use Tax Simplification Task Force 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Sales And Use Tax Simplification Task Force
Sponsors: T. Kraft-Tharp | L. Sias / T. Neville | C. Jahn
Summary:

The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is:

  • Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals;
  • Subject to sunset review in 3 years; and
  • Required to make an annual report to the legislative council that may or may not include recommendations for legislation.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/28/2017 Introduced In House - Assigned to Business Affairs & Labor
3/21/2017 House Committee on Business Affairs and Labor Refer Amended to Appropriations
4/13/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/13/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/17/2017 House Third Reading Passed - No Amendments
4/19/2017 Introduced In Senate - Assigned to Finance
4/25/2017 Senate Committee on Finance Refer Unamended to Legislative Council
4/28/2017 Senate Committee on Legislative Council Refer Unamended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Passed - No Amendments
5/10/2017 Senate Third Reading Passed - No Amendments
5/22/2017 Signed by the Speaker of the House
5/24/2017 Sent to the Governor
5/24/2017 Signed by the President of the Senate
6/5/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Sias
Senate Sponsors: Neville T. and Jahn

HB17-1242 New Transportation Infrastructure Funding Revenue 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: New Transportation Infrastructure Funding Revenue
Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham
Summary:

Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:

  • $375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and
  • Of the remaining new sales and use tax revenue:
  • 70% to counties and municipalities in equal total amounts; and
  • 30% to a multimodal transportation options fund created in section 22.

If the voters approve the ballot question:

  • Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.
  • Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid;
  • The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality;
  • Section 10 repeals an existing late vehicle registration fee.
  • Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.
  • Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways;
  • Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account;
  • Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money.
  • Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;
  • Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20;
  • Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced.
  • Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and
  • Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/8/2017 Introduced In House - Assigned to Transportation & Energy
3/22/2017 House Committee on Transportation & Energy Refer Amended to Finance
3/27/2017 House Committee on Finance Refer Amended to Appropriations
3/29/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
3/30/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
3/31/2017 Introduced In Senate - Assigned to Transportation
3/31/2017 House Third Reading Passed - No Amendments
4/11/2017 Senate Committee on Transportation Refer Amended to Finance
4/25/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Duran and Mitsch Bush
Senate Sponsors: Grantham and Baumgardner

HB17-1256 Oil And Gas Facilities Distance From School Property 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Oil And Gas Facilities Distance From School Property
Sponsors: M. Foote / I. Aguilar | M. Jones
Summary:

As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/14/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/23/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/28/2017 House Second Reading Passed with Amendments - Committee
3/29/2017 House Third Reading Passed - No Amendments
3/29/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
4/12/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Foote
Senate Sponsors:

HB17-1269 Repeal Prohibition Of Wage Sharing Information 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Repeal Prohibition Of Wage Sharing Information
Sponsors: J. Danielson | D. Nordberg / B. Martinez Humenik | K. Donovan
Summary:

Current law states that it is a discriminatory and unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages, unless otherwise permitted by federal law. Federal law exempts certain limited classes of employers from labor laws. The bill strikes the reference to that exemption and extends the current law to those classes of employers, thereby providing wage transparency protections to all employees.
(Note: This summary applies to this bill as introduced.)

Status: 3/16/2017 Introduced In House - Assigned to Business Affairs and Labor
3/30/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
4/3/2017 House Second Reading Passed - No Amendments
4/4/2017 House Third Reading Passed - No Amendments
4/5/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
4/18/2017 Senate Second Reading Laid Over Daily - No Amendments
4/19/2017 Senate Second Reading Passed - No Amendments
4/20/2017 Senate Third Reading Passed - No Amendments
5/1/2017 Signed by the President of the Senate
5/1/2017 Signed by the Speaker of the House
5/2/2017 Sent to the Governor
6/2/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Danielson and Nordberg
Senate Sponsors: Martinez Humenik and Donovan

HB17-1270 Agency Discretion Enforcing Rules Small Business 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Agency Discretion Enforcing Rules Small Business
Sponsors: P. Lawrence | T. Kraft-Tharp / D. Coram | A. Williams
Summary:

The bill contains a legislative declaration about the difficulties small businesses encounter when attempting to stay current with changing rules and new rules that affect their businesses. The bill identifies 4 specific actions that the executive branch could take to inform small businesses about proposed and new rules.

The bill creates a system that gives state agencies discretion in imposing fines upon a business for a first-time offense of a minor violation. The agency's discretion applies to small businesses with 50 or fewer employees (business).

Unless specifically stated otherwise in statute, a state agency has discretion to give the business an opportunity to cure the violation in 30 business days and to waive the penalties or fine if the minor violation is cured. If the business:

  • Cures the minor violation within 30 days, the agency shall waive the penalties or fine or both; or
  • Cures the minor violation after the 30-day cure period has run, the agency may reduce the penalties or fine in full or in part.

The opportunity to cure a minor violation does not apply in cases where an agency is required by statute to assess a fine for noncompliance.

The bill defines 'minor violation' as a violation that:

  • Relates to operational or administrative matters such as record keeping, retention of data, or failing to file reports or forms; and
  • Is enforced by a fine, either in total or in the aggregate, of $500 or less; and
  • Meets one of the following conditions:
  • The violation relates to a rule promulgated within the 12 months immediately preceding the alleged violation; or
  • The violation relates to any rule and the business that has committed the minor violation has been operating as a business for less than 1 year prior to the violation. 'Minor violation' does not include:
  • Any matter that places the safety of employees; other persons; or the public health, safety, or environment at risk; or
  • Violations relating to:
  • The issuance of or denial of benefits or compensation to employees; or
  • Activities required by federal law.

Each state agency shall conduct an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and what factors contribute to noncompliance by regulated businesses. The agency shall consider and review what actions should be taken to address the issues identified.

Any principal department that conducts an analysis of noncompliance with rules shall forward that analysis to the department of regulatory agencies, who shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include that compiled analysis in its departmental presentation to the oversight legislative committee pursuant to the 'SMART Government Act'.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/16/2017 Introduced In House - Assigned to Business Affairs and Labor
3/28/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/31/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/3/2017 House Third Reading Passed - No Amendments
5/9/2017 Senate Committee on Appropriations Postpone Indefinitely
5/9/2017 Introduced In Senate - Assigned to Appropriations
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Lawrence, Duran, Gray, Landgraf
Senate Sponsors: Williams A. and Coram

HB17-1279 Construction Defect Actions Notice Vote Approval 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Construction Defect Actions Notice Vote Approval
Sponsors: A. Garnett | L. Saine / J. Tate | L. Guzman
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must:

  • Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and
  • Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/17/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
4/19/2017 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
4/21/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/24/2017 House Third Reading Passed - No Amendments
4/24/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
5/1/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/3/2017 Senate Second Reading Passed - No Amendments
5/4/2017 Senate Third Reading Passed - No Amendments
5/15/2017 Signed by the Speaker of the House
5/18/2017 Sent to the Governor
5/18/2017 Signed by the President of the Senate
5/25/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Garnett and Saine, Wist, Duran
Senate Sponsors: Tate and Guzman

HB17-1290 Colorado Secure Savings Plan 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Secure Savings Plan
Sponsors: J. Buckner | B. Pettersen / N. Todd | K. Donovan
Summary:

The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan.

The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to:

  • Establish investment options that offer employees returns on contributions without incurring debt or liabilities to the state;
  • Establish the process for allocating investment earnings and losses to individual plan accounts on a pro rata basis;
  • Make and enter into contracts and hire staff as necessary for the administration of the plan;
  • Conduct a periodic review of the performance of any investment vendors;
  • Cause money in the Colorado secure savings plan fund (fund) to be invested with the intent to achieve cost savings through efficiencies and economies of scale;
  • Establish the process for an enrollee to contribute a portion of his or her wages to the plan for automatic deposit and establish the process by which the participating employer forwards those contributions to the plan;
  • Establish the process for enrollment in the plan including the process by which an employee can opt not to participate in the plan;
  • Accept gifts, grants, and donations from specified entities and pursue options for bank loans or a line of credit to cover the start-up costs of the plan;
  • Procure, as needed, insurance against loss in connection with the property, assets, or activities of the plan;
  • Allocate administrative fees to individual retirement accounts in the plan on a pro rata basis;
  • Set minimum and maximum contribution levels;
  • Facilitate education and outreach to employers and employees;
  • Ensure that the plan complies with all applicable state and federal laws;
  • Deposit all gifts, grants, donations, fees, and earnings from investment of moneys in the fund into the fund and pay the administrative costs and expenses for the creation, management, and operation of the plan from moneys in the fund;
  • Determine any nominal and reasonable assistance that may be provided to businesses to offset the initial costs of enrolling employees in the plan and complying with audits and plan implementation;
  • Prepare or cause to be prepared certain annual audits and annual reports regarding the plan;
  • Develop a process to ensure that employers are in compliance with the requirements of the plan and develop a penalty structure for employers who fail, without reasonable cause, to enroll employees in the plan;
  • Conduct or cause to be conducted a financial feasibility study to ensure that the plan will be self-sustaining; and
  • Conduct an analysis of relevant consumer protections available under federal law and make recommendations to the general assembly regarding additional necessary consumer protections that should be included in legislation implementing the plan.

The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create.

The bill creates the fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of money in the fund for the administrative expenses of the plan. The money in the fund is not property of the state and cannot be commingled with state money.

The board must design and disseminate employer and employee information packets regarding the plan and the options for employee participation in the plan to all employers that participate in the plan.

If, based on the required financial feasibility study, the board determines that the plan will be self-sustaining and would promote greater retirement savings for private-sector employees, the board must recommend to the general assembly that the plan be implemented. The board may not implement the plan unless the general assembly, acting by bill, directs the board to implement the plan.

The bill dictates the timing for the board to implement the plan, if directed to do so by the general assembly, and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers must automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board.

The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/24/2017 Introduced In House - Assigned to Business Affairs and Labor
4/13/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
4/18/2017 House Second Reading Passed with Amendments - Committee
4/19/2017 House Third Reading Passed - No Amendments
4/19/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Pettersen and Buckner
Senate Sponsors: Donovan and Todd

HB17-1307 Family And Medical Leave Insurance Program Wage Replacement 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Family And Medical Leave Insurance Program Wage Replacement
Sponsors: F. Winter / D. Moreno | R. Fields
Summary:

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.

Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/29/2017 Introduced In House - Assigned to Business Affairs and Labor
4/11/2017 House Committee on Business Affairs and Labor Refer Amended to Finance
4/19/2017 House Committee on Finance Refer Amended to Appropriations
4/25/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/27/2017 House Second Reading Passed with Amendments - Committee
4/28/2017 House Third Reading Passed - No Amendments
4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Winter
Senate Sponsors:

HB17-1309 Documentary Fee To Fund Affordable Housing 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Documentary Fee To Fund Affordable Housing
Sponsors: F. Winter | D. Jackson / D. Coram | L. Guzman
Summary:

Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing.

Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018.

Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund).

Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund.

All moneys in the fund must be expended for the purpose of supporting new or existing programs that:

  • Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and
  • Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units.

The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:

  • Up to 80% of the area median income for rental occupancy; and
  • Up to 110% of the area median income for home ownership.

This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents.

New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill.

Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/31/2017 Introduced In House - Assigned to Local Government
4/26/2017 House Committee on Local Government Refer Amended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/28/2017 House Third Reading Passed - No Amendments
4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Jackson and Winter, Covarrubias, Coleman, Salazar
Senate Sponsors: Coram and Guzman

HB17-1311 Seller's Disclosure Estimated Future Property Tax 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Seller's Disclosure Estimated Future Property Tax
Sponsors: D. Michaelson Jenet | M. Weissman / A. Williams
Summary:

No later than January 1, 2018, the bill requires the property tax administrator to make available a tool to estimate residential property taxes on the division of property taxation's website.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/31/2017 Introduced In House - Assigned to Local Government
4/26/2017 House Committee on Local Government Witness Testimony and/or Committee Discussion Only
4/27/2017 House Committee on Local Government Refer Amended to House Committee of the Whole
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to Finance
5/4/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Weissman and Michaelson Jenet
Senate Sponsors:

HB17-1313 Civil Forfeiture Reform 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Civil Forfeiture Reform
Sponsors: L. Herod | S. Humphrey / T. Neville | D. Kagan
Summary:

The bill requires the executive director of the department of local affairs (department), after considering the input from specified interested parties, to establish a form for law enforcement agencies, prosecutors, and multijurisdictional task forces (seizing agencies) to use in submitting to the department biannual reports containing specified information on seizures through which the seizing agencies received proceeds from a forfeiture and the use of the proceeds. Based on the reports, the department is to post on its website a searchable database that includes the information contained in the biannual reports and a summary report of the information.

Seizing agencies are required to submit the biannual reports containing information known to the agency by specified dates; except that an agency need not include information if the disclosure of the information could endanger a person or disclose certain confidential information. Seizing agencies are required to pay civil penalties for failure to file or late filing of the reports.

The bill directs the executive director of the department to submit an annual report to the governor, the attorney general, and the judiciary committees of the general assembly on seizure and forfeiture activity in the state.

The bill prohibits seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate net equity value of the property and currency seized in the case is in excess of $50,000 and the federal government commences a forfeiture proceeding that relates to a filed criminal case.

The bill makes an appropriation.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/3/2017 Introduced In House - Assigned to Judiciary
4/20/2017 House Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
4/25/2017 House Committee on Judiciary Refer Amended to Appropriations
5/2/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/3/2017 House Third Reading Passed with Amendments - Floor
5/3/2017 Introduced In Senate - Assigned to Finance
5/4/2017 Senate Committee on Finance Refer Amended to Appropriations
5/8/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/10/2017 Senate Third Reading Passed - No Amendments
5/10/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/17/2017 Signed by the Speaker of the House
5/18/2017 Sent to the Governor
5/18/2017 Signed by the President of the Senate
6/9/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Herod and Humphrey, Lebsock, Van Winkle, Leonard, Coleman, Esgar, Hooton,McKean, Melton, Neville P., Pettersen, Saine, Salazar, Williams D.
Senate Sponsors: Neville T. and Kagan, Marble, Lundberg, Cooke, Hill, Aguilar, Court, Fenberg,Grantham, Guzman, Holbert, Jahn, Kefalas, Kerr, Lambert, Merrifield, Moreno, Priola, Scott,Smallwood, Tate, Todd, Williams A., Zenzinger

HB17-1336 Additional Protections Forced Pooling Order 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Additional Protections Forced Pooling Order
Sponsors: D. Young | M. Foote / I. Aguilar | M. Jones
Summary:

Current law authorizes forced pooling, a process by which any interested person???typically an oil and gas operator???may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent.

The bill specifies that:

  • The hearing notice must be given at least 90 days before the hearing;
  • Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and
  • The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/12/2017 Introduced In House - Assigned to Transportation & Energy
4/19/2017 House Committee on Transportation & Energy Refer Amended to Appropriations
4/25/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/25/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/26/2017 House Third Reading Passed - No Amendments
4/26/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors:

HB17-1339 Colorado Energy Impact Assistance Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Energy Impact Assistance Act
Sponsors: C. Hansen | D. Esgar / M. Jones | A. Kerr
Summary:

The bill, known as the 'Colorado Energy Impact Assistance Act', authorizes any investor-owned electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of a power plant occurs. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers.

Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay a specified percentage of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility.

The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs.

Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/13/2017 Introduced In House - Assigned to Transportation & Energy
4/26/2017 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/28/2017 House Third Reading Laid Over to 05/01/2017 - No Amendments
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Hansen and Esgar
Senate Sponsors:

HB17-1356 Treat Economic Development Income Tax Credits Differently 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Treat Economic Development Income Tax Credits Differently
Sponsors: C. Duran | D. Esgar / J. Tate | L. Garcia
Summary:

The bill allows the Colorado economic development commission to allow certain businesses that make a strategic capital investment in the state, subject to a maximum amount, and subject to the requirements of the specified income tax credits, to treat any of the following income tax credits allowed to the business as either carryforwardable for a five-year period or as transferable:

  • Colorado job growth incentive tax credit;
  • Enterprise zone income tax credit for investment in certain property;
  • Income tax credit for new enterprise zone business employees; and
  • Enterprise zone income tax credit for expenditures for research and experimental activities.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Introduced In House - Assigned to Finance
4/26/2017 House Committee on Finance Refer Amended to Appropriations
4/28/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to Finance + Appropriations
5/4/2017 Senate Committee on Finance Refer Unamended to Appropriations
5/8/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed - No Amendments
5/10/2017 Senate Third Reading Passed - No Amendments
5/22/2017 Signed by the Speaker of the House
5/24/2017 Sent to the Governor
5/24/2017 Signed by the President of the Senate
5/24/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Duran and Esgar, Covarrubias, Garnett, Kraft-Tharp, Lawrence, Pabon, Van Winkle
Senate Sponsors: Tate and Garcia

HB17-1372 Oil Gas Operators Disclose Pipe Location Development Plans 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Oil Gas Operators Disclose Pipe Location Development Plans
Sponsors: S. Lebsock | M. Foote
Summary:

The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database.

The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur.


(Note: This summary applies to this bill as introduced.)

Status: 5/5/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
5/5/2017 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
5/8/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Laid Over to 05/09/2017 - No Amendments
5/9/2017 House Second Reading Special Order - Laid Over Daily - No Amendments
5/10/2017 House Second Reading Special Order - Laid Over Daily - No Amendments
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Foote and Lebsock
Senate Sponsors:

SB17-001 Alleviate Fiscal Impact State Rules Small Business 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Alleviate Fiscal Impact State Rules Small Business
Sponsors: T. Neville / P. Neville
Summary:

The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses.

The bill requires a state agency (agency) to give a small business (which is defined in the 'State Administrative Procedure Act' as a business with fewer than 500 employees) a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This does not apply in cases where an agency is required by statute to assess a fine for noncompliance.

The bill defines 'minor violation' as a violation that includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations and includes an exception for rules adopted by the secretary of state relating to the regulation of lobbyists.

Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
1/25/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
1/30/2017 Senate Second Reading Passed with Amendments - Floor
1/31/2017 Senate Third Reading Laid Over Daily - No Amendments
2/1/2017 Senate Third Reading Passed - No Amendments
2/6/2017 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
3/2/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Neville P.
Senate Sponsors: Neville T., Cooke, Crowder, Gardner, Grantham, Holbert, Lambert, Lundberg, Marble,Priola, Scott, Smallwood, Sonnenberg

SB17-003 Repeal Colorado Health Benefit Exchange 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Repeal Colorado Health Benefit Exchange
Sponsors: J. Smallwood / P. Neville
Summary:

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In Senate - Assigned to Finance
2/7/2017 Senate Committee on Finance Refer Unamended to Appropriations
4/6/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/10/2017 Senate Second Reading Laid Over to 04/17/2017 - No Amendments
4/17/2017 Senate Second Reading Laid Over to 04/24/2017 - No Amendments
4/24/2017 Senate Second Reading Laid Over to 05/01/2017 - No Amendments
5/1/2017 Senate Second Reading Laid Over to 05/08/2017 - No Amendments
5/8/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Neville P.
Senate Sponsors: Smallwood

SB17-009 Business Personal Property Tax Exemption 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Business Personal Property Tax Exemption
Sponsors: L. Crowder / T. Leonard
Summary:

There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property schedule that is equal to $7,300 for the current property tax year cycle. The bill increases the exemption to $10,000 for the next 2 property tax years and adjusts it for inflation for subsequent property tax cycles.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/11/2017 Introduced In Senate - Assigned to Finance
2/2/2017 Senate Committee on Finance Refer Amended to Appropriations
4/11/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/13/2017 Senate Second Reading Passed with Amendments - Committee
4/17/2017 Senate Third Reading Passed - No Amendments
4/17/2017 Senate Third Reading Reconsidered - No Amendments
4/19/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations
5/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Crowder

SB17-022 Rural Economic Advancement Of Colorado Towns 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Rural Economic Advancement Of Colorado Towns
Sponsors: K. Donovan
Summary:

The bill authorizes the executive director of the department of local affairs (department) or the executive director's designee to coordinate the provision of nonmonetary resources to assist with job retention or creation in a rural community experiencing a significant economic event, such as a plant closure or layoffs, including industry-wide layoffs, that has a significant, quantifiable impact on jobs within that community.

The bill also authorizes the executive director of the department or the executive director's designee to award money to qualifying rural communities experiencing a significant economic event and creates the rural economic advancement of Colorado towns fund (fund), to be administered by the executive director of the department for grant-making purposes over the next 3 years. For the 2017-18, 2018-19, and 2019-20 state fiscal years, $500,000 is transferred each year from the general fund to the fund and the money in the fund is continuously appropriated to the department.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In Senate - Assigned to Finance
2/14/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Donovan

SB17-042 Repeal Local Government Internet Service Voter Approval 
Comment: CCI Position: Support
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Repeal Local Government Internet Service Voter Approval
Sponsors: K. Donovan | L. Guzman
Summary:

Cities, counties, special districts, and other local governments (local government) are currently prohibited, with certain limited exceptions, from providing cable television, telecommunications service, or high-speed internet access without first seeking voter approval. A local government that does provide any of these services is further required to comply with all state and federal laws and regulations governing the service and prohibited from granting certain preferences or discriminating in connection with providing the service.

The bill repeals these restrictions on the provision of cable television, telecommunications service, or high-speed internet access by a local government.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Guzman and Donovan

SB17-045 Construction Defect Claim Allocation Of Defense Costs 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Construction Defect Claim Allocation Of Defense Costs
Sponsors: A. Williams | K. Grantham / C. Wist | C. Duran
Summary:

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/8/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
5/9/2017 Senate Committee on Appropriations Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Duran and Wist
Senate Sponsors: Grantham and Williams A.

SB17-055 Prohibit Discrimination Labor Union Participation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Prohibit Discrimination Labor Union Participation
Sponsors: T. Neville / J. Everett
Summary:

The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void.

The bill creates civil and criminal penalties for violations and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/13/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/6/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
2/9/2017 Senate Second Reading Laid Over Daily - No Amendments
2/10/2017 Senate Second Reading Passed - No Amendments
2/13/2017 Senate Third Reading Passed - No Amendments
2/14/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations
3/15/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Everett, Becker J., Beckman, Buck, Humphrey, Landgraf, Lawrence, Leonard, Lewis,Liston, Lundeen, McKean, Navarro, Neville P., Nordberg, Rankin, Ransom, Saine, Van
Senate Sponsors: Neville T., Crowder, Gardner, Grantham, Holbert, Lambert, Lundberg, Marble, Priola,Scott, Sonnenberg, Tate

SB17-057 Colorado Healthcare Affordability & Sustainability Enterprise 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Healthcare Affordability & Sustainability Enterprise
Sponsors: L. Guzman
Summary:

The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:

  • Participating in a federal program that provides additional matching money to states;
  • Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:
  • Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and
  • Increase publicly funded insurance reimbursement rates to hospitals; and
  • Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs.

The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law.

The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:

  • Charge and collect the fee from hospitals;
  • Leverage fee revenue collected to obtain federal matching money;
  • Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;
  • Issue revenue bonds payable from its revenues;
  • Enter into agreements with HCPF as necessary to collect and expend fee revenue;
  • Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and
  • Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business.

The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017.

The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap.


(Note: This summary applies to this bill as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to Finance
3/21/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Guzman

SB17-063 Marijuana Club License 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Marijuana Club License
Sponsors: V. Marble / J. Melton
Summary:

The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys.

The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it may require the clubs to be licensed. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use in a club is not a criminal offense.


(Note: This summary applies to this bill as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/21/2017 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
3/1/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Melton
Senate Sponsors: Marble

SB17-064 License Freestanding Emergency Departments 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: License Freestanding Emergency Departments
Sponsors: J. Kefalas / S. Lontine
Summary:

The bill creates a new license, referred to as a 'freestanding emergency department license', for the department of public health and environment to issue on or after July 1, 2019, to a health facility that provides emergency and urgent care and is either independent from and not affiliated with or located in a hospital or is operated by a hospital at a location off the hospital's main campus. The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees, safety and care standards, staffing requirements, fee transparency requirements, and other areas related to the operation of freestanding emergency departments. To qualify for a license, a facility must provide claims and billing data to health insurers and must be able to triage patients to determine the level of care they require.

Starting on the date the bill takes effect through June 30, 2019, the department is prohibited from issuing a new license to a person to operate a freestanding health facility that provides emergency care, whether independent from or operated by a hospital, unless the facility will serve an area of the state that has limited access to emergency care.

Additionally, the bill requires a health facility that is operating as a freestanding emergency department under current law to:

  • Submit data to insurers to enable reporting of claims and billing data from freestanding emergency departments;
  • Differentiate in a patient's billing statement the facility fee, professional fee, and ancillary service charges; and
  • Post on its website a current facility fee schedule that indicates the range of facility fees that a patient may be charged and a list of health benefit plans or products for which the facility and its health care providers are in-network or out-of-network.
    (Note: This summary applies to this concurrent resolution as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
2/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Lontine, Ginal, Kennedy, Singer
Senate Sponsors: Kefalas, Aguilar, Jones, Kerr

SB17-065 Transparency In Direct Pay Health Care Prices 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Transparency In Direct Pay Health Care Prices
Sponsors: K. Lundberg / S. Lontine
Summary:

The bill creates the 'Transparency in Health Care Prices Act', which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide. Health care professionals and facilities are not required to submit their health care prices to any government agency for review or approval. Additionally, the act prohibits health insurers, government agencies, or other persons or entities from penalizing a health care recipient, provider, facility, employer, or other person or entity who pays directly for health care services or otherwise exercises rights under or complies with the act. The bill takes effect January 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/13/2017 Introduced In Senate - Assigned to Health & Human Services
1/26/2017 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
1/31/2017 Senate Second Reading Laid Over to 02/03/2017 - No Amendments
2/3/2017 Senate Second Reading Passed with Amendments - Committee, Floor
2/6/2017 Senate Third Reading Laid Over Daily - No Amendments
2/10/2017 Senate Third Reading Passed - No Amendments
2/15/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/16/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/21/2017 House Second Reading Laid Over Daily - No Amendments
3/22/2017 House Second Reading Passed with Amendments - Committee, Floor
3/23/2017 House Third Reading Laid Over Daily - No Amendments
3/24/2017 House Third Reading Passed - No Amendments
3/28/2017 Senate Considered House Amendments - Result was to Concur - Repass
4/4/2017 Sent to the Governor
4/4/2017 Signed by the Speaker of the House
4/4/2017 Signed by the President of the Senate
4/6/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Lundberg, Aguilar

SB17-072 Convenience Fees Prohibition 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Convenience Fees Prohibition
Sponsors: D. Moreno
Summary:

The bill prohibits a seller from imposing a convenience fee on transactions that involve admission to entertainment events.


(Note: This summary applies to this bill as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to Finance
2/14/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Moreno

SB17-078 Residential Storage Condo Unit Property Taxation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Residential Storage Condo Unit Property Taxation
Sponsors: B. Gardner / K. Van Winkle | J. Melton
Summary:

The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%.

A residential storage condominium unit is defined to mean a building that is:

  • A unit under the 'Colorado Common Interest Ownership Act';
  • Used by its owner to store items from or related to the owner's Colorado residence; and
  • Not used for storage related to a business.

For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/13/2017 Introduced In Senate - Assigned to Finance
1/26/2017 Senate Committee on Finance Refer Amended to Appropriations
3/7/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
3/9/2017 Senate Second Reading Laid Over Daily with Amendments - Committee
3/10/2017 Senate Second Reading Laid Over Daily - No Amendments
3/13/2017 Senate Second Reading Passed with Amendments - Committee
3/14/2017 Senate Third Reading Passed - No Amendments
3/21/2017 Introduced In House - Assigned to Finance + Appropriations
4/10/2017 House Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Melton and Van Winkle
Senate Sponsors: Gardner

SB17-080 Reduce Amount Of Wages Subject To Garnishment 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Reduce Amount Of Wages Subject To Garnishment
Sponsors: M. Merrifield
Summary:

The bill changes the amount of wages that may be withheld and paid under a garnishment to the lesser of:

  • 25% of an individual's disposable earnings; or
  • If the individual makes less than 250% of the federal poverty level adjusted for family size, 10% of the individual's gross earnings; or
  • Zero if the individual's weekly take-home pay is less than 30 times the state's minimum wage.
    (Note: This summary applies to this bill as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/15/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Merrifield

SB17-081 Rural Broadband Deployment 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Rural Broadband Deployment
Sponsors: K. Donovan / K. Becker | J. Arndt
Summary:

Section 1 of the bill updates the definition of a broadband network for purposes of telecommunications regulation and deregulation.

Section 2 updates how the public utilities commission (commission) makes an effective competition determination for high cost support mechanism (HCSM) funding, which is financial assistance provided to telecommunications companies that provide basic telephone service or broadband service in areas that lack effective competition.

Section 3 establishes that HCSM funding cannot be used to support more than one wireline and one wireless line per individual household or individual business.


(Note: This summary applies to this bill as introduced.)

Status: 1/13/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/22/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Arndt and Becker K.
Senate Sponsors: Donovan, Crowder, Fenberg, Garcia, Guzman, Kefalas, Kerr, Merrifield

SB17-084 Coverage For Drugs In A Health Coverage Plan 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Coverage For Drugs In A Health Coverage Plan
Sponsors: C. Jahn / D. Esgar | J. Singer
Summary:

The bill prohibits a health insurance carrier from excluding or limiting a drug for an enrollee in a health coverage plan if the drug was covered at the time the enrollee enrolled in the plan. A carrier may not raise the costs to the enrollee for the drug during the enrollee's plan year.


(Note: This summary applies to this bill as introduced.)

Status: 1/18/2017 Introduced In Senate - Assigned to Health & Human Services
2/9/2017 Senate Committee on Health & Human Services Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Singer and Esgar
Senate Sponsors: Jahn, Neville T.

SB17-085 Increase Documentary Fee & Fund Attainable Housing 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Increase Documentary Fee & Fund Attainable Housing
Sponsors: R. Zenzinger
Summary:

Currently, each county clerk and recorder collects a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute.

Section 2 of the bill raises the amount of the surcharge to $5 for documents received for recording or filing on or after January 1, 2018.

Out of each $5 collected, the bill requires the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with existing law. The bill requires the clerk to transmit the other $4 collected to the state treasurer, who is to credit the same to the statewide attainable housing investment fund (fund).

Section 3 creates the fund in the Colorado housing and finance authority (authority). The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. The bill directs that, of the moneys transmitted to the fund by the state treasurer, on an annual basis, not less than 25% of such amount must be expended for the purpose of supporting new or existing programs that provide financial assistance to persons in households with an income of up to 80% of the area median income for the purpose of allowing such persons to finance, purchase, or rehabilitate single family residential homes as well as to provide financial assistance to any nonprofit entity and political subdivision that makes loans to persons in such households to enable such persons to finance, purchase, or rehabilitate single family residential homes.

Section 3 also requires the authority to submit a report, no later than June 1 of each year, specifying the use of the fund during the prior calendar year to the governor and to the senate and house finance committees.


(Note: This summary applies to this bill as introduced.)

Status: 1/18/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Zenzinger

SB17-086 Authorize Local Governments Inclusionary Housing Programs 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Authorize Local Governments Inclusionary Housing Programs
Sponsors: S. Fenberg
Summary:

In 1981, the general assembly enacted legislation that prohibits counties and municipalities (local governments) from enacting any ordinance or resolution that would control rent on private residential property.

The bill clarifies that an ordinance or resolution that would control rent on either private residential property or a private residential housing unit does not include an ordinance or resolution enacted by a county or a municipality that establishes, as a condition of obtaining approval for the development of a project, inclusionary housing or inclusionary zoning requirements.

As used in the bill, 'inclusionary housing' or 'inclusionary zoning' means a program enacted legislatively and with opportunity for public input that requires, as a condition of obtaining approval for the development of a project, the provision of residential units affordable to and occupied by owners or tenants whose household incomes do not exceed a limit that is established in the ordinance or resolution.

The bill specifies different components that may be included in an inclusionary housing program.


(Note: This summary applies to this bill as introduced.)

Status: 1/18/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Fenberg

SB17-088 Participating Provider Network Selection Criteria 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Participating Provider Network Selection Criteria
Sponsors: C. Holbert | A. Williams / K. Van Winkle | E. Hooton
Summary:

The bill requires a health insurer (carrier) to develop and use standards for:

  • Selecting participating health care providers (providers) for its network of providers; and
  • Tiering providers within a tiered network if the carrier offers a tiered network.

A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations.

A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers.

At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures.

When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider.

If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance.

The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/18/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/13/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
2/28/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/2/2017 Senate Second Reading Laid Over to 03/10/2017 - No Amendments
3/10/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/13/2017 Senate Third Reading Passed - No Amendments
3/15/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/30/2017 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
4/3/2017 House Second Reading Passed - No Amendments
4/4/2017 House Third Reading Passed - No Amendments
4/12/2017 Signed by the President of the Senate
4/13/2017 Sent to the Governor
4/13/2017 Signed by the Speaker of the House
4/18/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Hooton and Van Winkle, Landgraf, Rankin, Buckner, Liston, McKean, Melton, Nordberg
Senate Sponsors: Holbert and Williams A., Kefalas, Priola, Tate

SB17-089 Allow Electric Utility Customers Install Energy Storage Equipment 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Allow Electric Utility Customers Install Energy Storage Equipment
Sponsors: S. Fenberg
Summary:

The bill declares that consumers of electricity have a right to install and use electricity storage systems on their property, and this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities.

The bill directs the Colorado public utilities commission to adopt rules under which:

  • Residential and small commercial consumers can install electricity storage systems with a discharge rate of up to 25 kilowatts (kW) alternating current (AC) for later use or to provide backup in case of an outage;
  • The utility and interconnection approval process for photovoltaic plus storage systems must be simple and streamlined, subject to electrical code and safety requirements but not more complex than existing approval requirements for photovoltaic installations;
  • A utility whose customer installs electricity storage must use only a single revenue meter unless the storage system exceeds a discharge rate of 25 kW AC; and
  • Any applicable standby charges, minimum charges, additional meter charges, or other fees or charges are identical as between customers with electricity storage systems and those without.
    (Note: This summary applies to this bill as introduced.)

Status: 1/18/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/8/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Fenberg, Lundberg, Garcia, Guzman

SB17-112 Sales & Use Tax Payment To Wrong Local Government 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Sales & Use Tax Payment To Wrong Local Government
Sponsors: T. Neville / D. Pabon
Summary:

The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/27/2017 Introduced In Senate - Assigned to
1/27/2017 Introduced In Senate - Assigned to Finance
2/9/2017 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
2/13/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
2/14/2017 Senate Third Reading Passed - No Amendments
2/17/2017 Introduced In House - Assigned to Local Government
3/22/2017 House Committee on Local Government Refer Amended to House Committee of the Whole
3/28/2017 House Second Reading Passed with Amendments - Committee, Floor
3/29/2017 House Third Reading Passed - No Amendments
3/30/2017 Senate Considered House Amendments - Result was to Concur - Repass
4/12/2017 Signed by the President of the Senate
4/13/2017 Sent to the Governor
4/13/2017 Signed by the Speaker of the House
4/18/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Pabon, Covarrubias, Lawrence, Thurlow, Van Winkle, Leonard, Liston
Senate Sponsors: Neville T., Court, Hill, Kerr, Tate, Smallwood

SB17-147 Distribute Information Federal Loan Forgiveness 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Distribute Information Federal Loan Forgiveness
Sponsors: S. Fenberg
Summary:

The bill requires the department of personnel to develop and annually distribute informational materials to state employees concerning federal student loan repayment programs and loan forgiveness programs for which state employees may be eligible. The department of personnel may use existing federal informational materials, if available. The informational materials may be distributed by e-mail or through a regular mailing or communication to state employees. The department of personnel shall update the materials at least annually and distribute any updated materials.

In addition, the department of personnel must distribute the informational materials to:

  • The department of education, for distribution to school district, charter school, institute charter school, and boards of cooperative services employees;
  • The department of higher education, for distribution to employees at state institutions of higher education;
  • The secretary of state, for distribution to nonprofit public service organizations, as defined in the bill, with encouragement for these organizations to distribute the informational materials to their employees; and
  • The division of local government in the department of local affairs, for distribution to cities, counties, cities and counties, special districts, and other local government entities, with encouragement for those entities to distribute the informational materials to their employees.
    (Note: This summary applies to this bill as introduced.)

Status: 1/31/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Fenberg, Donovan, Jones, Kagan, Kerr, Moreno

SB17-155 Statutory Definition Of Construction Defect 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Statutory Definition Of Construction Defect
Sponsors: J. Tate / L. Saine
Summary:

The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'.


(Note: This summary applies to this bill as introduced.)

Status: 2/3/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2017 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
5/1/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Saine
Senate Sponsors: Tate

SB17-156 Homeowners' Association Construction Defect Lawsuit Approval Timelines 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Homeowners' Association Construction Defect Lawsuit Approval Timelines
Sponsors: O. Hill / L. Saine | C. Wist
Summary:

The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:

  • Be a neutral third party;
  • Make certain disclosures before being selected; and
  • Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration.

Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award.

Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association:

  • The parties must submit the matter to mediation before a neutral third party; and
  • The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated.

Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/1/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/27/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
3/2/2017 Senate Second Reading Laid Over Daily - No Amendments
3/6/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/7/2017 Senate Third Reading Passed - No Amendments
3/14/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
4/20/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Wist and Saine
Senate Sponsors: Hill

SB17-157 Construction Defect Actions Notice Vote Approval 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Construction Defect Actions Notice Vote Approval
Sponsors: A. Williams / J. Melton
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:

  • Notify all unit owners; and
  • Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit.


(Note: This summary applies to this bill as introduced.)

Status: 2/17/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Melton
Senate Sponsors: Williams A.

SB17-180 Public Utilities Commission Streamlined Enforcement Of Motor Carriers 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Public Utilities Commission Streamlined Enforcement Of Motor Carriers
Sponsors: J. Cooke / D. Esgar
Summary:

The public utilities commission (commission) in the department of regulatory agencies (department) regulates motor carriers through the issuance of permits. The bill streamlines the commission's enforcement of motor carrier permits as follows:

  • Section 2 of the bill clarifies language concerning the imposition of civil penalties for violations of motor carrier regulations, including the civil penalties applicable for subsequent violations. Section 2 also relieves the commission of the obligation to prove that a violation was intentional.
  • Section 3 creates a legal services offset fund (fund) to supplement the money appropriated to the department for legal representation of commission staff by the department of law in commission matters concerning the enforcement of motor carrier regulations. Section 3 requires that the state treasurer transfer any money in excess of $250,000 in the fund to the general fund and sets an alternative maximum reserve for the fund, distinct from the maximum reserve generally applicable to cash funds, of $250,000.
  • Section 1 requires the commission to transfer all penalties collected for violations of motor carrier regulations to the fund.
  • Sections 4, 5, and 6 clarify that a permittee's motor carrier permit is immediately revoked for failure to pay a civil penalty. These sections apply to permittees that are motor carriers of passengers, motor carriers of towed motor vehicles, and motor carriers of household goods, respectively.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/14/2017 Introduced In Senate - Assigned to Transportation
2/28/2017 Senate Committee on Transportation Refer Amended to Appropriations
4/6/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
4/10/2017 Senate Second Reading Passed with Amendments - Committee, Floor
4/11/2017 Senate Third Reading Passed - No Amendments
4/11/2017 Introduced In House - Assigned to Transportation & Energy + Appropriations
4/19/2017 House Committee on Transportation & Energy Refer Unamended to Appropriations
5/5/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/5/2017 House Second Reading Special Order - Passed - No Amendments
5/8/2017 House Third Reading Passed - No Amendments
5/18/2017 Signed by the President of the Senate
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
6/1/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Esgar
Senate Sponsors: Cooke

SB17-186 Reduce Regulatory Burden Rules On Businesses 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Reduce Regulatory Burden Rules On Businesses
Sponsors: J. Tate / P. Lawrence | T. Carver
Summary:

The 'State Administrative Procedure Act' (APA) currently defines a small business as a business with fewer than 500 employees. The bill redefines 'small business', for purposes of the APA, to mean a business entity, including its affiliates, that:

  • Is independently owned and operated and employs fewer than 500 employees; or
  • Has gross annual sales of less than $6 million.

Prior to adopting rules, an agency is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines 'small business' as a business that is independently owned and operated and employs 100 or fewer employees.

When preparing the regulatory flexibility analysis, the agency shall consider methods to reduce the impact on small businesses, such as:

  • Establishing less stringent compliance or reporting requirements;
  • Establishing less stringent schedules or deadlines for compliance or reporting;
  • Consolidating or simplifying compliance or reporting requirements;
  • Establishing different performance standards; and
  • Exemptions for small businesses.

The agency shall also:

  • Determine the necessity for the proposed rules;
  • Identify the fiscal impact of the rules;
  • Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and
  • Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach.

The agency shall file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules.

The existing provision in the APA on forming representative groups to give input on proposed rules is amended to require any state agency (agency) proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules.

The executive director of the department of regulatory agencies, or his or her designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that are prepared by state agencies.

A small business that is adversely affected or aggrieved by the failure of the agency to comply with the regulatory flexibility analysis requirements may file a request with the executive director of the department of regulatory agencies to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis.

For the 2017-18 fiscal year, the bill appropriates the following money for the implementation of the bill:

  • $323,886 to the department of revenue;
  • $102,664 to the department of public health and environment;
  • $86,926 to the department of regulatory agencies;
  • $8,240 to the department of state.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/14/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/27/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Finance
3/2/2017 Senate Committee on Finance Refer Unamended to Appropriations
4/6/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/10/2017 Senate Second Reading Laid Over Daily - No Amendments
4/11/2017 Senate Second Reading Passed with Amendments - Committee
4/12/2017 Senate Third Reading Passed - No Amendments
4/18/2017 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
4/27/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors:

SB17-205 Multimodal Transportation Infrastructure Funding 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Multimodal Transportation Infrastructure Funding
Sponsors: J. Kefalas / P. Rosenthal
Summary:

In 1999, the voters of the state authorized the executive director of the department of transportation (CDOT) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director of CDOT issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.

Section 9 requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017, 2018, or 2019 election, which, if approved, would increase the state sales and use tax from 2.9% to 3.15%, beginning on the July 1 immediately following the applicable election and would authorize the executive director of CDOT to issue additional TRANs in a maximum principal amount of $4 billion and with a maximum repayment cost of $5.75 billion. If the voters approve the ballot question, sections 3, 4, 5, and 7 implement the increase in the state sales and use tax rate. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 5 until the notes are fully repaid.

Section 10 specifies that at least $500 million of TRANs proceeds shall be used only for passenger rail service in the interstate 25 corridor and that remaining TRANs proceeds shall be used only to fund projects on CDOT's priority list for transportation funding. Section 10 also specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.

Sections 6 and 8 require all state sales and use tax net revenue that is attributable to any increase in the state sales and use tax rate resulting from the approval of the ballot question submitted pursuant to section 9 to be credited to the HUTF, paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects.
(Note: This summary applies to this bill as introduced.)

Status: 2/28/2017 Introduced In Senate - Assigned to Transportation
4/4/2017 Senate Committee on Transportation Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Rosenthal, Ginal
Senate Sponsors: Kefalas, Aguilar, Merrifield, Moreno

SB17-213 Automated Driving Motor Vehicles 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Automated Driving Motor Vehicles
Sponsors: D. Moreno | O. Hill / F. Winter | J. Bridges
Summary:

The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to obtain approval from the Colorado state patrol and the Colorado department of transportation.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/7/2017 Introduced In Senate - Assigned to Transportation
3/16/2017 Senate Committee on Transportation Refer Amended to Senate Committee of the Whole
3/21/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/22/2017 Senate Third Reading Passed - No Amendments
3/24/2017 Introduced In House - Assigned to Transportation & Energy
3/29/2017 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
3/31/2017 House Second Reading Special Order - Laid Over to 04/03/2017 - No Amendments
4/3/2017 House Second Reading Passed with Amendments - Committee, Floor
4/4/2017 House Third Reading Passed - No Amendments
4/5/2017 Senate Considered House Amendments - Result was to Laid Over Daily
4/7/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
4/10/2017 First Conference Committee Result was to Adopt Rerevised w/ Amendments
4/11/2017 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
4/11/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
4/21/2017 Signed by the President of the Senate
5/1/2017 Sent to the Governor
5/1/2017 Signed by the Speaker of the House
6/1/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Winter and Bridges, Lundeen
Senate Sponsors: Hill and Moreno

SB17-252 Utility Cost-saving Contract For Local Governments 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Utility Cost-saving Contract For Local Governments
Sponsors: J. Tate / J. Coleman | L. Liston
Summary:

Current law allows boards of political subdivisions to enter into energy cost-savings contracts for utility cost savings. Utility cost savings are defined in law to include an installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities.

The bill specifies that the boards may also enter into energy cost-savings contracts for increasing meter accuracy, which is defined as a utility cost-savings measure.

The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the calculation must be made on a net basis.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/16/2017 Introduced In Senate - Assigned to Local Government
3/23/2017 Senate Committee on Local Government Refer Unamended to Senate Committee of the Whole
3/27/2017 Senate Second Reading Laid Over Daily - No Amendments
3/28/2017 Senate Second Reading Passed with Amendments - Floor
3/29/2017 Senate Third Reading Laid Over to 03/31/2017 - No Amendments
3/31/2017 Senate Third Reading Passed - No Amendments
3/31/2017 Introduced In House - Assigned to Local Government
4/26/2017 House Committee on Local Government Refer Unamended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed - No Amendments
4/28/2017 House Third Reading Passed - No Amendments
5/11/2017 Sent to the Governor
5/11/2017 Signed by the Speaker of the House
5/11/2017 Signed by the President of the Senate
6/5/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Tate

SB17-267 Sustainability Of Rural Colorado 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Sustainability Of Rural Colorado
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker
Summary:

Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap).

Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law.

Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes.

Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue.

Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements.

The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money.

Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018.

Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate).

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18:

  • 28.15% less $30 million stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • $30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4.

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year:

  • 15.56% stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • 12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4.

Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana.

Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18.

Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020.

Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay:

  • For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or
  • For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that
  • For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017.

Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. HCPF must comply with ACE Kids Act requirements for its participation.

Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property.

Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/27/2017 Introduced In Senate - Assigned to Finance + Appropriations
4/11/2017 Senate Committee on Finance Refer Amended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/5/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/8/2017 Introduced In House - Assigned to Finance
5/8/2017 Senate Third Reading Passed - No Amendments
5/8/2017 House Committee on Finance Refer Unamended to Appropriations
5/8/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Laid Over to 05/09/2017 - No Amendments
5/9/2017 House Second Reading Special Order - Passed - No Amendments
5/10/2017 House Third Reading Passed - No Amendments
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/30/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Becker K. and Becker J.
Senate Sponsors: Sonnenberg and Guzman

SB17-271 Investor-owned Utility Cost Recovery Transparency 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Investor-owned Utility Cost Recovery Transparency
Sponsors: J. Cooke / D. Pabon
Summary:

The bill requires the public utilities commission (commission) to open a nonadjudicatory proceeding to evaluate investor-owned gas or electric utilities' policies and procedures for load extension of service,including allocation of costs and identification of variables that affect construction and implementation time lines for extension of service. Gas-only investor-owned utilities are not subject to the commission's nonadjudicatory proceeding.

Upon completion of its evaluation, the commission shall issue a decision containing recommendations for investor-owned utilities' implementation of service extension. Within 90 days after the conclusion of the commission's nonadjudicatory proceeding, the commission may promulgate rules consistent with its findings.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/29/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
4/6/2017 Senate Committee on Agriculture, Natural Resources, & Energy Witness Testimony and/or Committee Discussion Only
4/20/2017 Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended - Consent Calendar to Senate Committee of the Whole
4/25/2017 Senate Second Reading Passed with Amendments - Committee
4/26/2017 Senate Third Reading Passed - No Amendments
4/26/2017 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
5/1/2017 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed - No Amendments
5/3/2017 House Third Reading Passed - No Amendments
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
6/2/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Pabon
Senate Sponsors: Cooke

SB17-276 Alleviate Fiscal Impact State Rules Small Business 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Alleviate Fiscal Impact State Rules Small Business
Sponsors: T. Neville / P. Neville
Summary:

The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses.

The bill requires a state agency (agency) to give a small business a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This cure provision does not apply in cases where an agency is required by statute to assess a fine for noncompliance.

For purposes of the cure provision, the bill defines 'small business' as a business that employs 100 or fewer employees.

The bill defines 'minor violation' as a violation that includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations.

Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses (in this case small business is a business with fewer than 500 employees as defined under the 'State Administrative Procedure Act') about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
4/18/2017 Senate Second Reading Laid Over Daily - No Amendments
4/19/2017 Senate Second Reading Passed - No Amendments
4/20/2017 Senate Third Reading Passed - No Amendments
4/26/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
5/4/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Neville P.
Senate Sponsors: Neville T.

SB17-279 Applicability Recent Urban Renewal Legislation 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Applicability Recent Urban Renewal Legislation
Sponsors: B. Martinez Humenik | R. Zenzinger / M. Gray | S. Beckman
Summary:

The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues in the following respects:

  • The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed modification that substantially changes provisions of the plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope of method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing. If the modification is substantial, the modification is subject to pertinent requirements of the urban renewal law addressing modifications. For plans to which a pledge of the revenues deposited into the special fund was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the modification requirements of the urban renewal law.
  • Not less than 30 days prior to approving any modification of a plan, the bill requires the governing body or an urban renewal authority (authority) to provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court is required to enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, the court is required to further enjoin any action by the authority until there has been compliance with statutory provisions addressing the sharing of incremental property tax revenues.
  • The bill prohibits any action from being brought to enjoin any undertaking or activity of the authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within 45 days after the date the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the bill also requires the authority to mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area.
  • Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any substantial modification of any plan approved on or after January 1, 2016.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/31/2017 Introduced In Senate - Assigned to Local Government
4/6/2017 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
4/11/2017 Senate Second Reading Passed with Amendments - Committee
4/12/2017 Senate Third Reading Passed - No Amendments
4/12/2017 Introduced In House - Assigned to Business Affairs and Labor
4/25/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed - No Amendments
4/28/2017 House Third Reading Passed - No Amendments
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
5/25/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Beckman and Gray
Senate Sponsors: Zenzinger and Martinez Humenik

SB17-280 Extending The Economic Development Commission 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Extending The Economic Development Commission
Sponsors: J. Tate / D. Thurlow | T. Kraft-Tharp
Summary:

The bill extends the Colorado economic development commission (commission) by changing the repeal date of its organic statute to July 1, 2025. In addition, the bill authorizes the commission to transfer money appropriated to the commission to the Colorado economic development fund and to expend such money without further appropriation.

The bill appropriates $5 million from the general fund to the office of the governor for use by the Colorado office of economic development. The office of economic development may use the appropriation for the commission.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/5/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
4/25/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/27/2017 Senate Second Reading Passed with Amendments - Committee
4/28/2017 Senate Third Reading Passed - No Amendments
4/28/2017 Introduced In House - Assigned to Business Affairs and Labor
5/2/2017 House Committee on Business Affairs and Labor Refer Unamended to Appropriations
5/5/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/5/2017 House Second Reading Special Order - Passed - No Amendments
5/8/2017 House Third Reading Passed - No Amendments
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
5/20/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Kraft-Tharp and Thurlow, Hamner
Senate Sponsors: Tate

SB17-283 Clarify Discrimination And Right To Disagree 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Clarify Discrimination And Right To Disagree
Sponsors: K. Lundberg
Summary:

The bill specifies that it is not a discriminatory practice for a private business to decline to contract to provide goods or services:

  • That convey a message with which the business chooses not to associate itself or with which the business owner disagrees; or
  • For an event that conveys a message with which the business chooses not to associate itself or with which the business owner disagrees.
    (Note: This summary applies to this bill as introduced.)

Status: 4/3/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/12/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole
4/18/2017 Senate Second Reading Lost - No Amendments
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Lundberg, Cooke, Hill, Lambert, Neville T., Sonnenberg

SB17-285 Downtown Development Authorities Fairness Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Downtown Development Authorities Fairness Act
Sponsors: K. Grantham / P. Lawrence | K. Becker
Summary:

The bill modifies certain statutory requirements applicable to a downtown development authority (authority) in the following respects:

  • In all cases where any plan of development managed by the authority includes an allocation of property tax increment generated by the mill levy imposed by one or more public bodies that are not municipalities, the bill requires that one director of the board of such authority be appointed by agreement of the boards of county commissioners of each county other than a city and county whose property taxes are subject to allocation under any such plan. One director must also be appointed by agreement of the boards of education of each school district whose property taxes are subject to allocation under any such plan and one director must also be appointed by agreement of the boards of directors of each special district whose property taxes are subject to allocation under any such plan.
  • The bill specifies additional requirements applicable to the appointment of board members.
  • In connection with existing statutory procedures permitting an authority to allocate taxes it collects to a special fund to finance a plan of development, the bill clarifies that the taxes that may be allocated are the property taxes of specifically designated public bodies.
  • Before any plan of development containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body, the bill requires the authority to notify the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of the municipality and of each taxing entity are then required to meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue collected within the plan of development area. The agreement may be entered into separately among the municipality, the authority, and each such taxing entity, or through a joint agreement among the municipality, the authority, and any taxing entity that has chosen to enter into that agreement. Any such shared incremental tax revenues governed by any agreement are limited to incremental revenue that may be allocated to a plan of development.
  • The bill gives the parties 120 days to negotiate an agreement. If, after such period has passed, the parties fail to enter into an agreement, the bill requires the parties to participate in mediation on the issue of the appropriate sharing of incremental property tax revenues and the costs of a development project among the municipality, the authority, and any such taxing entities whose incremental property tax revenues will be allocated pursuant to a plan of development and with whom an intergovernmental agreement with the municipality and the authority has not been reached.
  • The mediation is to be conducted by a mediator jointly selected by the parties. If the parties are unable to agree on the appointment of a single mediator, the bill specifies requirements governing the appointment by the parties of a 3-mediator panel, payment of the mediator's fees and costs, and issues the mediator is to consider in making his or her determination.
  • Within 90 days, the bill requires the mediator to issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and to promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality is required to:
  • Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the plan of development and an intergovernmental agreement and proceed to adopt the plan;
  • Amend the plan of development to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or
  • Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or enter into new negotiations with one or more taxing entities and enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement.
  • The bill prohibits any incremental property tax revenues from being allocated to and paid into the special fund of the authority unless the municipality and the authority have satisfied the mediation and other requirements of the bill.
    (Note: This summary applies to this bill as introduced.)

Status: 4/5/2017 Introduced In Senate - Assigned to Finance
4/18/2017 Senate Committee on Finance Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Becker K. and Lawrence, Beckman, Lontine, Melton, Mitsch Bush, Wist
Senate Sponsors: Grantham, Cooke, Fields, Kagan, Kefalas, Marble, Merrifield, Neville T., Scott,Sonnenberg

SB17-299 Apportionment Of Income Of Enterprise Data Centers 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Apportionment Of Income Of Enterprise Data Centers
Sponsors: D. Moreno | C. Holbert / T. Kraft-Tharp | K. Van Winkle
Summary:

The bill allows a taxpayer that makes a capital investment in an enterprise data center operation in the state of a specified dollar amount within a consecutive 5-year period to enter into a memorandum of understanding with the office of economic development to transition to a different apportionment method for apportioning the income of the taxpayer. The memorandum of understanding must describe the amount of the capital investment and any other investments or actions on the part of the taxpayer that will support the economic development of the state. The bill specifies that a transition schedule must be included in the memorandum of understanding.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Introduced In Senate - Assigned to Finance
4/27/2017 Senate Committee on Finance Refer Amended to Appropriations
5/2/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/2/2017 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
5/3/2017 Senate Third Reading Passed - No Amendments
5/3/2017 Introduced In House - Assigned to Finance + Appropriations
5/4/2017 House Committee on Finance Refer Unamended to Appropriations
5/5/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Laid Over to 05/09/2017 - No Amendments
5/9/2017 House Second Reading Special Order - Passed - No Amendments
5/10/2017 House Third Reading Passed - No Amendments
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
6/5/2017 Governor Signed
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Van Winkle and Kraft-Tharp
Senate Sponsors: Holbert and Moreno

SCR17-002 Real Estate Transfer Tax For Affordable Housing 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Real Estate Transfer Tax For Affordable Housing
Sponsors: J. Kefalas
Summary:

The concurrent resolution deletes the prohibition in the state constitution on new or increased transfer tax rates on real property.

The concurrent resolution imposes a tax upon the recording of each real property deed at the rate of 1/10 of one percent of the value of the real property as specified in the deed for the privilege of transferring the title to real property (tax). A conveyance from one spouse or other marital partner to another or a correction deed are exempt from payment of the tax.

At the time any deed evidencing a transfer of title subject to the tax imposed is offered for recording, the county clerk and recorder is required to ascertain and compute the amount of the tax due and to collect the same from the purchaser of the real property as a prerequisite to acceptance of the deed for recording. The amount of tax is computed on the basis of the value of the transferred property as specified in the deed.

The county clerk and recorder is required to collect the amount due under the tax and certify the date of payment and the amount collected on the deed. The county clerk and recorder is authorized to retain 5% of the amount collected as his or her fee for collection and to further remit the balance on a quarterly basis to the county treasurer. The county treasurer is then required to transmit the same to the state treasurer for the deposit of such money into the already existing state housing investment trust fund (fund).

Under existing legal requirements not changed by the concurrent resolution, the fund is administered by the division of housing within the department of local affairs (division). In addition to the permissible uses of money deposited into the fund under existing statutory requirements, the concurrent resolution specifies that permissible uses of the money collected from the imposition of the tax that are deposited into the fund pursuant to the resolution include the uses specified in the resolution. The concurrent resolution specifies the type of new or existing programs that must be supported with money collected by the tax.

The concurrent resolution requires that any new or existing programs supported by the tax are to be administered by the division.

The concurrent resolution contains additional requirements governing the use of money in the fund.

The concurrent resolution specifies that its approval by the registered electors of the state voting on the ballot issue at the general election held in November 2017 constitutes a voter-approved revenue change to allow the retention and expenditure of state revenues in excess of the limitation on state fiscal year spending.

The general assembly may modify any of the provisions as necessary in order to facilitate a more effective administration of the provisions. However, such legislation shall not limit or restrict the imposition of the tax or the use of the money raised by the tax to promote the provision of affordable housing.
(Note: This summary applies to this concurrent resolution as introduced.)

Status: 4/12/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
4/27/2017 Senate Committee on Agriculture, Natural Resources, & Energy Witness Testimony and/or Committee Discussion Only
5/3/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors:
Senate Sponsors: Kefalas

SJM17-005 Reduce Energy Subsidies 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Reduce Energy Subsidies
Sponsors: M. Jones / M. Foote
Summary: *** No bill summary available ***
Status: 4/7/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
4/20/2017 Senate Committee on Agriculture, Natural Resources, & Energy Witness Testimony and/or Committee Discussion Only
4/26/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Cal. Notif. Committee:
Cal. Notif. Order:
House Sponsors: Foote
Senate Sponsors: Jones