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HB17-1001 Employee Leave Attend Child's Academic Activities 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: J. Buckner (D) / 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 The repeal provision was never amended, so the 2009 act repealed on September 1, 2015.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: 3/15/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

HB17-1008 Graywater Regulation Exemption For Scientific Research 
Comment:
Bill Category: Water
Position: Monitor
Sponsors: J. Arndt (D) / J. Sonnenberg (R)
Summary:

Water Resources Review Committee. The water quality control commission in the department of public health and environment (commission) is responsible for developing requirements, prohibitions, and standards that protect public health and water quality for the use of graywater for nondrinking purposes. Scientific research on graywater that might involve graywater uses and systems that do not strictly comply with the requirements, prohibitions, and standards developed by the commission would not be permitted under the control regulations.

To facilitate scientific research related to graywater uses and systems, the bill creates an exemption from the commission's graywater control regulations for scientific research whereby a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research may collect, treat, and use graywater for purposes of scientific research if the entity:

  • Utilizes a graywater treatment works system that incorporates a secondary water supply to provide an alternative source of water if any portion of the system does not function properly; however, scientific research involving the use of graywater exclusively for irrigation purposes need not incorporate a secondary water supply; and
  • Collects, treats, and uses graywater in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows.

Only an institution of higher education or a person contracting with an institution of higher education may collect, treat, and use graywater for research involving human exposure.

The entity conducting the research is required to report to the water resources review committee on an annual basis the results of periodic monitoring conducted to assess the continued functioning of the graywater treatment works system used in the project and, if the scientific research involves human exposure, the project's compliance with federal rules concerning the protection of human research subjects.


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

Status: 5/8/2017 Governor Signed
Amendments: Amendments

HB17-1030 Update 1921 Irrigation District Law 
Comment:
Bill Category: Water
Position: Monitor
Sponsors: J. Arndt (D) | J. Becker / J. Sonnenberg (R) | R. Baumgardner
Summary:

Water Resources Review Committee.

This bill amends the 1921 irrigation district law to:

  • Remove inconsistencies and update antiquated provisions;
  • Clarify the definition of landowners entitled to receive water, vote in district elections, and serve on the board of directors;
  • Update dollar figures and, in subsequent years, adjust for inflation;
  • Define 'agricultural land';
  • Update election procedures;
  • Clarify how irrigation district assessments are collected and held; and
  • Modernize procedures for selling surplus property.

The bill also clarifies that water acquired in excess of an irrigation district's own needs can be leased for all beneficial purposes, rather than only for domestic, agricultural, and power and mechanical purposes, and that the provisions of the 1921 irrigation district law are in addition to powers conferred on irrigation districts in other statutes.


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

Status: 3/8/2017 Governor Signed
Amendments: Amendments

HB17-1033 Colorado Water Conservation Board Grants Loans Dredge South Platte Basin Reservoirs 
Comment:
Bill Category: Water
Position: Monitor
Sponsors: J. Becker / J. Sonnenberg (R)
Summary:

Water Resources Review Committee.

The bill appropriates $5 million from the Colorado water conservation board construction fund to the Colorado water conservation board to make loans and grants to enable the recipients to dredge existing reservoirs located in the South Platte river basin to restore the reservoirs' full decreed storage capacity.


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

Status: 3/13/2017 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
Amendments:

HB17-1051 Procurement Code Modernization 
Comment:
Bill Category: Business Practices
Position: Monitor
Sponsors: B. Rankin (R) | A. Garnett (D) / D. Coram (R) | 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: 4/4/2017 Governor Signed
Amendments: Amendments

HB17-1061 Modify Definition Of Commercial Vehicle 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: J. Becker | J. Melton (D) / R. Scott (R) | N. Todd (D)
Summary:

Transportation Legislation Review Committee. The bill increases the minimum weight for classification as a commercial vehicle subject to the statutory and regulatory standards for commercial vehicles from 10,001 pounds to 16,001 pounds unless the vehicle is registered for use in interstate commerce. With respect to vehicles that would be classified as commercial vehicles but for the fact that they weigh between 10,001 and 16,000 pounds, the chief of the Colorado state patrol is authorized to adopt rules that authorize the Colorado state patrol to:

  • Annually inspect these vehicles;
  • Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and
  • Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Governor Signed
Amendments:

HB17-1063 Reduce Business Personal Property Taxes 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: T. Leonard / L. Crowder (R) | 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: 2/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

HB17-1068 Prevailing Wages For CDOT Colorado Department Of Transportation Public-private Initiatives 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: A. Benavidez (D) / D. Moreno (D)
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: 2/21/2017 Senate Committee on Transportation Postpone Indefinitely
Amendments: Amendments

HB17-1119 Payment Of Workers' Compensation Benefits 
Comment: Concerns as to why the Bill is needed. What is the problem that its fixing.
Bill Category: Business Practices
Position: Monitor
Sponsors: T. Kraft-Tharp (D) | L. Sias / C. Jahn | J. Tate (R)
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: 6/5/2017 Governor Signed
Amendments: Amendments

HB17-1148 Registration Of Industrial Hemp Cultivators 
Comment:
Bill Category: Business Practices
Position: Monitor
Sponsors: J. Arndt (D) / J. Cooke (R)
Summary:

Current law requires persons who wish to cultivate industrial hemp to apply to the department of agriculture for a registration. The bill adds a requirement that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity. Applicants for a registration may be denied registration for up to 3 years if any individual or entity listed in the application was previously subject to discipline, or the individual or entity was previously listed by an entity that was subject to discipline. When a registration is suspended, revoked, or relinquished, a new application for registration may be denied for up to 3 years after the effective date of discipline.


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

Status: 3/23/2017 Governor Signed
Amendments:

HB17-1153 Highway Congestion Mitigation 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: D. Williams (R) | H. McKean (R) / B. Gardner (R)
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: 3/8/2017 House Committee on Transportation & Energy Postpone Indefinitely
Amendments:

HB17-1169 Construction Defect Litigation Builder's Right To Repair 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: T. Leonard / J. Tate (R)
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: 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

HB17-1187 Change Excess State Revenues Cap Growth Factor 
Comment:
Bill Category: Budget
Position: Deliberating
Sponsors: D. Thurlow / L. Crowder (R)
Summary:

In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things.

The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR.


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

Status: 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB17-1197 Exclude Marijuana From Farm Products Definition 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: J. Ginal (D) / D. Coram (R)
Summary:

Under the 'Farm Products Act', the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of 'farm products' under the act.


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

Status: 4/6/2017 Governor Signed
Amendments: Amendments

HB17-1216 Sales And Use Tax Simplification Task Force 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: T. Kraft-Tharp (D) | 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: 6/5/2017 Governor Signed
Amendments: Amendments

HB17-1242 New Transportation Infrastructure Funding Revenue 
Comment: With the number of amendments being offered GreenCO is looking to see how the bill looks before taking a position.
Bill Category: Business Paractices
Position: Actively Monitor
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: 4/25/2017 Senate Committee on Finance Postpone Indefinitely
Amendments: Amendments

HB17-1270 Agency Discretion Enforcing Rules Small Business 
Comment: Support measure but does not go far enough. GreenCO understands that its a small step but does not take into account seasonal workers.
Bill Category: Business Practices
Position: Support
Sponsors: P. Lawrence | T. Kraft-Tharp (D) / D. Coram (R) | A. Williams (D)
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: 5/9/2017 Introduced In Senate - Assigned to Appropriations
Amendments: Amendments

HB17-1273 Real Estate Development Demonstrate Water Conservation 
Comment: Waiting to hear from CNGA and Homebuilders
Bill Category: Water/ Business Practices
Position: Deliberating
Sponsors: H. McKean (R) | C. Hansen (D) / M. Jones | D. Coram (R)
Summary:

Current law's definition of a water supply that is 'adequate' for purposes of a local government's approval of a real estate development permit merely allows the inclusion of reasonable conservation measures and water demand management measures to account for hydrologic variability. The bill amends the definition to include reasonable conservation measures and water demand management measures to reduce water needs and account for hydrologic variability ( section 2 of the bill) and prohibits the local government from approving the permit application unless the applicant demonstrates that appropriate water conservation and demand management measures have been included in the water supply plan ( section 3 ).

Current law also requires an applicant for a real estate development permit to demonstrate to the local government issuing the permit:

  • The water conservation measures, if any, that may be implemented within the development; and
  • The water demand management measures, if any, that may be implemented to account for hydrologic variability.

Section 4 requires the applicant to demonstrate:

  • The water conservation measures that may be implemented within the development to reduce indoor and outdoor demand; and
  • The water demand management measures that may be implemented to account for hydrologic variability.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB17-1279 Construction Defect Actions Notice Vote Approval 
Comment: Working to get additional information to share with GreenCO.
Bill Category: Business Practices
Position: Amend
Sponsors: A. Garnett (D) | L. Saine (R) / J. Tate (R) | 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: 5/25/2017 Governor Signed
Amendments: Amendments

HB17-1300 Apprentice Utilization In Public Projects 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: A. Benavidez (D) / D. Moreno (D)
Summary:

The bill requires the contractor for any public project that does not receive any federal moneys to use apprentices registered with an apprenticeship program for at least 25% of the workforce in an apprenticeable occupation that is hired to work on the public project (apprenticeship requirements). For purposes of the bill, a public project is a project under the supervision of any state agency, including the department of transportation, that is likely to cost $500,000 or more in any fiscal year. The apprenticeship program must be registered with the United States department of labor, office of apprenticeship.

A government agency may consider a bid or proposal for a public project that does not receive any federal moneys only if the bid or proposal indicates that at least 25% of the project workforce that is in an apprenticeable occupation and that is hired by the contractor to work on the public project will be apprentices registered with an apprenticeship program.

Upon completion of a public project, the contractor is required to submit an affidavit to the government agency stating that the contractor has satisfied the apprenticeship requirements or made a good faith effort to comply with the apprenticeship requirements. If the contractor complied with the requirements, the affidavit must include the names of the registered apprentices, identify the specific apprenticeship programs with which the apprentices are registered, and specify the total number of people in the workforce for the public project who are in apprenticeable occupations. If the contractor was unable to comply with the apprenticeship requirements, the affidavit must include documentation of the contractor's good faith efforts to comply and the reason why compliance was not possible. If the contractor fails to submit the affidavit or if the state agency finds that the affidavit does not reflect the contractor's compliance or good faith effort to comply with the apprenticeship requirements, the agency may retain any unallocated portion of the amount of the contract price that the agency is authorized to withhold until the contract is completed as liquidated damages.

A contractor that is awarded a contract by a state agency shall require, through private contract, that any subcontractor used to fulfill the terms of the contract complies with the apprenticeship requirements. The contractor may require, through private contract, that a subcontractor provide necessary information to allow the contractor to comply with the affidavit requirements.

The bill specifies that the apprenticeship requirements do not supersede existing statutory requirements for licensed apprenticeable occupations.


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

Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB17-1305 Limits On Job Applicant Criminal History Inquiries 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: J. Melton (D) | M. Foote (D) / L. Guzman
Summary:

The bill applies to employers with 15 or more employees and prohibits those employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Making an inquiry about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


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

Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB17-1307 Family And Medical Leave Insurance Program Wage Replacement 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: F. Winter (D) / D. Moreno (D) | R. Fields (D)
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: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB17-1362 Plan For Addressing Statewide Infrastructure Needs 
Comment:
Bill Category: Water
Position: New
Sponsors: D. Mitsch Bush / R. Baumgardner | N. Todd (D)
Summary:

The bill requires the transportation legislation review committee to meet at least once together with the capital development committee in the course of the committees' regular business to discuss a plan to address critical statewide infrastructure needs and how such critical needs should be funded.


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

Status: 5/4/2017 Senate Committee on Finance Postpone Indefinitely
Amendments:

HB17-1364 Authority Local Government Master Plan Include Water Plan Goal 
Comment:
Bill Category: Water
Position: New
Sponsors: C. Hansen (D) | J. Arndt (D)
Summary:

The bill authorizes a local government master plan to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals.


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

Status: 5/1/2017 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
Amendments:

SB17-001 Alleviate Fiscal Impact State Rules Small Business 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: T. Neville / P. Neville (R)
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: 3/2/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Amendments: Amendments

SB17-009 Business Personal Property Tax Exemption 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: L. Crowder (R) / 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: 5/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

SB17-045 Construction Defect Claim Allocation Of Defense Costs 
Comment: Strong Concerns that need to be addressed in this bill
Bill Category: Business Practices
Position: Oppose
Sponsors: A. Williams (D) | 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: 5/9/2017 Senate Committee on Appropriations Postpone Indefinitely
Amendments: Amendments

SB17-055 Prohibit Discrimination Labor Union Participation 
Comment:
Bill Category: Business Practices
Position: Monitor
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: 3/15/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

SB17-112 Sales & Use Tax Payment To Wrong Local Government 
Comment:
Bill Category: Business Practices
Position: Support
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: 4/18/2017 Governor Signed
Amendments: Amendments

SB17-131 Uniform Wage Garnishment Act 
Comment: Gathering More Information from the Sponsor
Bill Category: Business Practices
Position: Deliberating
Sponsors: B. Gardner (R)
Summary:

Colorado Commission on Uniform State Laws.

The bill adopts the 'Uniform Wage Garnishment Act' (uniform act) and amends existing statutory provisions relating to wage garnishments covered by the uniform act.


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

Status: 4/10/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Amendments:

SB17-155 Statutory Definition Of Construction Defect 
Comment: Working with sponsor to gather more information on the intent of the bill
Bill Category: Business Practices
Position: Monitor
Sponsors: J. Tate (R) / L. Saine (R)
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: 5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Amendments:

SB17-156 Homeowners' Association Construction Defect Lawsuit Approval Timelines 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: O. Hill (R) / L. Saine (R) | 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: 4/20/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

SB17-157 Construction Defect Actions Notice Vote Approval 
Comment:
Bill Category: Business Practices
Position: Oppose
Sponsors: A. Williams (D) / J. Melton (D)
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: 3/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Amendments:

SB17-205 Multimodal Transportation Infrastructure Funding 
Comment:
Bill Category: Business Practices
Position: Monitor
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: 4/4/2017 Senate Committee on Transportation Postpone Indefinitely
Amendments:

SB17-211 Contractor Surety Bonds For Public Projects 
Comment:
Bill Category: Business Practices
Position: Deliberating
Sponsors: R. Scott (R) / T. Kraft-Tharp (D) | P. Lawrence
Summary:

When responding to a solicitation issued by the department of transportation (department), contractors are required to secure a bid in the form of a bond. If the contractor can furnish such bond in the required amount, the bill prohibits the department from eliminating the contractor from consideration of an award based on a financial statement that the contractor submitted to the department for the department's contractor prequalification determination process. The bill specifies that the prohibition applies even if the contractor's financial statement submitted for prequalification purposes indicates that the contractor may not be able to perform the applicable contract to the level and amount reflected in the bond.


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

Status: 6/6/2017 Governor Signed
Amendments: Amendments

SB17-218 Sunset Continue Licensing Of Landscape Architects 
Comment: We have supported the measure in the past and have asked proponents for information or notification if they need assistance.
Bill Category: Business Practices
Position: Support
Sponsors: J. Tate (R) | A. Kerr / C. Kennedy (D)
Summary:

Sunset Process - Senate Business, Labor, and Technology Committee. The bill implements one of the two recommendations contained in the department of regulatory agencies' (department) sunset report on the regulation of landscape architects by the division of professions and occupations, including the state board of landscape architects (board).

Sections 1 and 2 of the bill implement recommendation 1 of the sunset report to continue the licensing of landscape architects for 11 years, until 2028.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Amendments:

SB17-267 Sustainability Of Rural Colorado 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: J. Sonnenberg (R) | L. Guzman / J. Becker | K. Becker (D)
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: 5/30/2017 Governor Signed
Amendments: Amendments

SB17-271 Investor-owned Utility Cost Recovery Transparency 
Comment:
Bill Category: Business Practices
Position: Monitor
Sponsors: J. Cooke (R) / 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: 6/2/2017 Governor Signed
Amendments: Amendments

SB17-272 Measures Of Postsecondary And Workforce Readiness 
Comment:
Bill Category: Business Practices
Position: Deliberating
Sponsors: K. Priola (R) / P. Lundeen (R) | B. Pettersen (D)
Summary:

Under existing law, one of the performance indicators for determining the level of performance of a public high school, a school district, the state charter school institute (institute), or the state is the degree to which high school graduates demonstrate postsecondary and workforce readiness. The performance indicator is currently measured by the high school's graduation and dropout rates; the percentage of high school graduates who receive a diploma with a postsecondary and workforce readiness endorsement; students' scores on the state assessments administered in grades 9 through 11, including the achievement college entrance exam; and the percentages of students who graduate and matriculate in the next school year into a postsecondary education option.

The bill adds as an additional measure for determining attainment of the postsecondary and workforce indicator the percentage of students enrolled in high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at a level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation.

The bill defines the demonstration options as those adopted by the state board of education in adopting the high school graduation guidelines. The state board must set achievement standards for each demonstration option that indicate the minimum achievement level required for high school graduation and a higher achievement level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation.

The bill requires each school district and the institute to report to the department of education the graduation requirements that the school district, each charter high school of the school district, and each institute charter high school adopts, including the options available to high school students for demonstrating college and career readiness.


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

Status: 6/2/2017 Governor Signed
Amendments: Amendments

SB17-275 Marijuana Pesticides Test Medical Effectiveness 
Comment:
Bill Category: Business Practices
Position: Monitor
Sponsors: C. Jahn | R. Baumgardner / J. Melton (D) | J. Singer (D)
Summary:

Section 1 of the bill directs the department of public health and environment to use marijuana taxes to make research grants regarding the medical efficacy of Colorado-grown strains of medical marijuana. Sections 2 and 3 allow a licensed medical or retail marijuana facility to transfer marijuana to a research facility for purposes of the medical research.

Sections 2 and 3 also:

  • Allow the use of medical or retail marijuana by a pesticide manufacturer in limited quantities as specified in rules promulgated by the state licensing authority that authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical or retail marijuana; and
  • Prohibit a state, local, or municipal agency from employing or using the results of a test of medical or retail marijuana conducted by an analytical laboratory that is not certified by the department of public health and environment and accredited to an accepted industry standard in that field of testing.

The bill appropriates $62,210 from the marijuana cash fund to the department of revenue to implement the act, of which $19,010 and 0.1 FTE is reappropriated to the department of law. The act takes effect January 1, 2018.


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

Status: 5/9/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Amendments: Amendments

SB17-276 Alleviate Fiscal Impact State Rules Small Business 
Comment:
Bill Category: Business Practices
Position: Support
Sponsors: T. Neville / P. Neville (R)
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: 5/4/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

SB17-290 Engineer Excavator Stamp Plan Underground Facility 
Comment:
Bill Category: Business Practices
Position: New
Sponsors: K. Donovan (D) | R. Scott (R)
Summary:

Current law requires engineering plans involving excavation to include only general information about the location of underground facilities, and the excavator is the party with the duty to seek specific information about these facilities' locations. The bill requires:

  • Engineering plans involving excavation to include specific information about the location of underground facilities;
  • Engineers to use their official stamps on the plans; and
  • The stamped plans to be given to the person who will conduct the excavation.
    (Note: This summary applies to this bill as introduced.)

Status: 5/2/2017 Senate Committee on Transportation Postpone Indefinitely
Amendments:

SB17-303 State Highway System Funding And Financing 
Comment:
Bill Category: Business Practices
Position: New
Sponsors: J. Cooke (R) | T. Neville / C. Wist | P. Neville (R)
Summary:

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects.

Section 2 eliminates required statutory transfers 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 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.
(Note: This summary applies to this bill as introduced.)

Status: 5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee
Amendments: Amendments