2016 Colorado Nonprofit Association- Key State Bills Sent to the Governor


HB16-1051 Forms To Transfer Vehicle Ownership Upon Death 
Sponsors: VAN WINKLE
Short Title: Forms To Transfer Vehicle Ownership Upon Death
Summary: On and after the effective date of the bill, the department of revenue (department) shall make available a beneficiary designation form (form) that allows the owner or joint owners of a vehicle to arrange to transfer ownership of the vehicle to a named beneficiary upon the death of the owner or upon the death of all joint owners of the vehicle. Upon the death of the owner or of the last surviving joint owner, the beneficiary may present the form to the department and request a new title of ownership of the vehicle in the beneficiary's name. The request must be accompanied by: * Proof of the death of the vehicle's owner or proof of the death of the last surviving joint owner of the vehicle; and * The statutory fee for an application for a certificate of title. Upon the presentation of a properly executed and notarized form and the accompanying documents and fee, the department, subject to any security interest, shall issue a new certificate of title to the beneficiary. The transfer of ownership of a vehicle via a form is not considered testamentary and is not subject to the provisions of the "Colorado Probate Code".
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB16-1114 Repeal Duplicate Reporting Requirements 
Sponsors: DELGROSSO / ULIBARRI
Short Title: Repeal Duplicate Reporting Requirements
Summary: The bill eliminates current employment verification standards that: * Require each employer in Colorado to attest that the employer has verified the legal work status of each employee, has not altered or falsified the employee's identification documents, and has not knowingly hired an unauthorized alien; * Require each employer in Colorado to submit documentation to the director of the division of labor (director) within the department of labor and employment that demonstrates that the employer is in compliance with federal employment verification requirements; * Authorize the director to conduct random audits of employers to ensure compliance with the federal laws; * Require the director to request documentation if the director receives a valid complaint that an employer is not in compliance with federal law; and * Fine an employer for failing to provide documentation or for the provision of fraudulent documentation.
Status: Governor Signed
Calendar Notification: Thursday, April 7 2016
Appropriations
8:00 a.m. Room LSB-A
(9) in house calendar.
Position: Monitor
News:

HB16-1129 Charitable Fraud Enhanced Enforcement Measures 
Sponsors: LAWRENCE
Short Title: Charitable Fraud Enhanced Enforcement Measures
Summary: Section 1 of the bill creates enhanced penalties under the "Colorado Consumer Protection Act" for committing acts of charitable fraud involving knowledge or intent under the "Colorado Charitable Solicitations Act". The penalty for each violation is $10,000 with no cap for a related series of violations. Sections 2 and 4 of the bill require: * A statement on applications for registration by a paid solicitor to the secretary of state that neither the paid solicitor nor any officer, director or employee serves on the board of directors of a charitable organization or directs the operations of a charitable organization for which the paid solicitor solicits contributions and that no officer, director, or employee of the paid solicitor's charitable organization clients have a financial interest in the paid solicitor; * Paid solicitors to either have a bond or a savings account, deposit, or certificate of deposit in a financial institution payable to the state of Colorado conditioned upon the performance of the paid solicitor in good faith without fraud or fraudulent representation and without the violation of any provision of the "Colorado Charitable Solicitations Act". Section 3 of the bill makes it charitable fraud to misrepresent that a charitable organization for which a paid solicitor solicits has a significant membership of a certain type, such as active police, sheriff, patrol, firefighters, first responders, or veterans. Section 3 of the bill makes a charitable organization also liable with a paid solicitor if the charitable organization knew or should have known that the paid solicitor was engaged in charitable fraud on behalf of the charitable organization
Status: Governor Signed
Calendar Notification: Monday, April 11 2016
SENATE JUDICIARY COMMITTEE
1:30 PM LSB-B
(1) in senate calendar.
Position: Support
News:

HB16-1148 Health Benefit Exchange Rules and Policies 
Sponsors: SIAS / ROBERTS
Short Title: Health Benefit Exchange Rules and Policies
Summary: The bill gives the health insurance exchange oversight committee (committee) oversight over rules and policies proposed by the health benefit exchange that affect bidding and awarding contracts, carrier and regulating carrier participation, regulating broker participation and compensation, interacting with other state agencies, managing and compensating the assistance network, or the handling of any type of appeal. The exchange is required to hold a public meeting for a proposed rule or policy and allow for public participation and comment. A committee member may request that the exchange present a rule or policy to the committee, and the committee may repeal the rule or policy by a majority vote. The committee has the authority to review rules and policies implemented and contracts entered into on or after January 1, 2015
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB16-1189 Bingo-raffle License Regulation Secretary Of State 
Sponsors: WIST
Short Title: Bingo-raffle License Regulation Secretary Of State
Summary: Currently, an applicant for a bingo-raffle license may request administrative review when a license application is denied. The bill requires this request to take place within 60 days after the denial. The bill clarifies that license discipline includes, after a hearing, refusing to grant or renew a license. The bill repeals a prohibition on managing more than 5 bingo-raffle licensees simultaneously. Currently, a licensee may use leased equipment only on premises that are the licensee's principal place of business and limited to members only. The bill allows a licensee to operate equipment leased by a licensed landlord of a bingo hall. Currently, a licensee that fails to report net proceeds is automatically required to show cause for why the license should not be suspended. The bill authorizes the secretary of state to promulgate rules setting the conditions under which a licensee is required to show cause. Current law allows a licensee to award a consolation prize in a game of progressive bingo only when a progressive prize is not won. The bill authorizes a licensee to also award a consolation prize when the progressive prize is won.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

HB16-1297 Reestablish Check-offs Excluded From 2015 Tax Form 
Sponsors: COURT / MARTINEZ HUMENIK
Short Title: Reestablish Check-offs Excluded From 2015 Tax Form
Summary: Generally, each fund in the voluntary contribution program (commonly referred to as the "check-off" program) must receive a minimum amount of $75,000 in contributions over a 9-month period in order to retain its place on the income tax return form (form). In 2015, the following 6 funds failed to meet that requisite minimum and were therefore excluded from the form: * The Colorado healthy rivers fund voluntary contribution; * The Alzheimer's Association fund voluntary contribution; * The Colorado multiple sclerosis fund voluntary contribution; * The Colorado cancer fund voluntary contribution; * The Make-A-Wish Foundation of Colorado fund voluntary contribution; and * The unwanted horse fund voluntary contribution. In order to immediately reestablish the above funds, the bill expands from 15 to 20 the statutory maximum number of funds that may appear on the form at any one time. Each reestablished fund sunsets in 5 years, subject to the minimum dollar amount of contributions that all check-offs are required to receive. The bill lowers, to $50,000, the minimum dollar amount that every fund must receive.
Status: 04/14/2016 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Support
News:

HB16-1336 Study Single Geographic Area Individual Hlth Plans 
Sponsors: HAMNER / DONOVAN
Short Title: Study Single Geographic Area Individual Hlth Plans
Summary: Under current law, health insurers are permitted to consider the geographic location of the policyholder when establishing health insurance rates for individual and group insurance plans. The bill directs the commissioner of insurance to study the impacts and viability of creating a single geographic rating area, consisting of the entire state, for purposes of determining premium rates for individual health benefit plans.
Status: 05/17/2016 Governor Signed
Calendar Notification: Thursday, April 14 2016
SENATE HEALTH & HUMAN SERVICES COMMITTEE
1:30 PM SCR 352
(1) in senate calendar.
Position: Monitor
News:

HB16-1349 Continue Military Family Relief Fund Tax Check-off 
Sponsors: RYDEN / CARROLL
Short Title: Continue Military Family Relief Fund Tax Check-off
Summary: The voluntary contribution program, commonly referred to as the tax check-off program, benefiting the military family relief fund (fund) is scheduled to repeal on January 1, 2017. The bill extends, for 5 years, the period for which the state income tax return forms include a line allowing individual taxpayers to make a voluntary contribution to the fund. P., Pabon, Pettersen, Primavera, Priola, Roupe, Salazar, Sias, Thurlow, Van Winkle, Vigil, Williams, Wilson, Windholz, Winter, Young
Status: 06/06/2016 Governor Signed
Calendar Notification: Thursday, April 14 2016
Finance
Upon Adjournment Room LSB-A
(1) in house calendar.
Position: Monitor
News:

HB16-1405 2016-17 Long Appropriation Bill 
Sponsors: HAMNER / LAMBERT
Short Title: 2016-17 Long Appropriation Bill
Summary: Provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2016, except as otherwise noted.
Status: 05/03/2016 Governor Signed
Calendar Notification: Friday, April 8 2016
THIRD READING OF BILLS - FINAL PASSAGE
(6) in senate calendar.
Position: Monitor
News:

HB16-1422 Financing Public Schools 
Sponsors: HAMNER / LAMBERT
Short Title: Financing Public Schools
Summary: The bill sets the statewide base per pupil funding amount for the 2016-17 budget year at $6,367.90, which is an inflationary increase of 1.2%, and establishes the minimum amount of total program funding for the 2016-17 budget year. For the 2017-18 budget year, the difference between the amount of statewide total program funding calculated without the negative factor and the amount of statewide total program funding calculated with the negative factor cannot exceed the dollar amount of that difference for the 2016-17 budget year. Under current law, if a school district's calculated funded pupil count for a budget year, or as averaged over a period of years, is fewer than 50 pupils, the district's minimum funded pupil count is set at 50 pupils. The bill changes the minimum funded pupil count for a budget year to 25 pupils, if the district's calculated funded pupil count is 19 or fewer pupils, and 40 pupils, if the district's calculated funded pupil count is at least 20 but fewer than 35 pupils. The minimum funded pupil count remains at 50 pupils if the district's calculated funded pupil count is at least 35 but fewer than 50 pupils. The bill adjusts the size factor for a school district by increasing the number of pupils to 5,000 or more for application of the flat factor, and adjusts the factor for districts with at least 2,293 but fewer than 5,000 pupils to increase the funding for districts with at least 2,293 pupils. Under certain circumstances, current law requires a school district to use property tax revenue to replace, on a pro rata basis, any categorical program support funds that the school district receives from the state. The bill requires the school district to replace the categorical program support funds by the end of the budget year in which the funds were paid to the school district. If unpaid, the commissioner of education (commissioner) is required to withhold the amount due, with interest, from any state money due to the district for any reason, commencing in the budget year immediately following the budget year in which the school district fails to replace the categorical program support funds. The commissioner may waive accrued interest upon payment of the amount due from the school district. The bill permits the state board of education to provide supplemental assistance from the contingency reserve fund to a school district that experiences an unusual financial burden due to a significant decline in the assessed value of real property of the district that results in the school district receiving a state share of total program funding that is reduced by the negative factor when the school district in the previous budget year did not receive state share. The district must reimburse the contingency reserve fund by June 30 of the budget year following the budget year in which the district receives the supplemental assistance payment. In a budget year in which a school district's total program mill levy would be reduced because the local property tax revenues received from the total program mill levy exceed the district's total program and categorical buyout requirements, the bill authorizes the school district to continue levying the same number of mills. The school district must deposit the revenues generated by the excess mills in the school district's total program reserve fund and may use the revenues only to replace state share lost as a result of the negative factor. Under current law, the public school capital construction assistance board (board) may provide financial assistance in the form of matching grants to school districts or public schools (applicants) for capital construction on school facilities that are owned by the applicant or that the applicant has the right to own through a lease-purchase agreement. The bill permits the board to award financial assistance in the form of matching grants to an applicant for a public school that is operated or will operate in a state-owned, leased facility that is listed on the state inventory of real property and improvements and other capital assets maintained by the office of the state architect or state-owned property leased by the state board of land commissioners to the applicant. The board shall adopt rules relating to the award of financial assistance in these circumstances. The bill makes a conforming amendment to the definition of facility school funding for purposes of state assistance for career and technical education to reflect that facility schools receive funding based on pupil enrollment multiplied by an amount equal to 1.73 of the statewide base per pupil funding for the applicable budget year, rather than the state average per pupil revenues.
Status: 06/10/2016 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB16-1432 Personnel Files Employee Inspection Right 
Sponsors: WINTER
Short Title: Personnel Files Employee Inspection Right
Summary: The bill allows an employee or former employee at least annually to request that his or her employer permit the employee or former employee to inspect or request copies of the employee's or former employee's personnel file at the employer's office and at a time convenient to both the employer and the employee or former employee. Employees or former employees are required to pay reasonable costs of duplication of documents
Status: 06/10/2016 Governor Signed
Calendar Notification: Tuesday, April 19 2016
Judiciary
1:30 p.m. Room 0112
(1) in house calendar.
Position: Monitor
News:

HB16-1438 Employer Accommodations Related To Pregnancy 
Sponsors: WINTER / MARTINEZ HUMENIK
Short Title: Employer Accommodations Related To Pregnancy
Summary: The bill makes it an unfair employment practice if an employer fails to provide reasonable accommodations for an applicant for employment or an employee for conditions related to pregnancy or childbirth. The bill requires each employer to provide a notice of rights regarding the unfair employment practice to his or her employees
Status: 06/01/2016 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

HB16-1451 Procurement Code Working Group 
Sponsors: RYDEN / SCOTT
Short Title: Procurement Code Working Group
Summary: The executive director of the department of personnel (executive director) or his or her designee is required to convene a procurement code working group to meet during the interim following the 2nd regular session of the 70th general assembly to study ways to improve the state's "Procurement Code" (code). The working group is required to solicit input from subject-matter experts, including vendors, business organizations, labor organizations, legal professionals, and state employees with expertise in the code. The procurement code working group is required to do its work within the existing resources of the department of personnel and submit its recommendations for modifications to the code to the general assembly on or before December 31, 2016.
Status: 06/10/2016 Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB16-006 Health Insurance Exchange Insurance Brokers 
Sponsors: MARTINEZ HUMENIK / SIAS
Short Title: Health Insurance Exchange Insurance Brokers
Summary: Colorado Health Insurance Exchange Oversight Committee. The bill requires the Colorado health benefit exchange (exchange) to establish a system to refer consumers to qualified insurance brokers to enroll consumers in health benefit plans. To be qualified, an insurance broker must be licensed by the commissioner of insurance and be certified by the exchange. The system must include the installation of a call center and the necessary software to make the referrals.
Status: Governor Signed
Calendar Notification: Wednesday, April 13 2016
State, Veterans, and Military Affairs
Upon Adjournment Room LSB-A
(3) in house calendar.
Position: Monitor
News:

SB16-016 Modifications To The SCFD 
Sponsors: STEADMAN / HULLINGHORST
Short Title: Modifications To The SCFD
Summary: In 1987, the general assembly created the scientific and cultural facilities district (SCFD) in recognition of the importance of scientific and cultural facilities to residents of the state. Since 1989, the SCFD has distributed funds from a one-tenth of one percent sales and use tax to scientific and cultural facilities throughout the 7-county Denver metropolitan area. Changes to SCFD ballot question (Section 3). The SCFD's current authority to levy the sales and use tax expires on June 30, 2018. Pursuant to its existing statutory authority, the SCFD may submit a ballot question to the registered voters of the SCFD concerning the extension of the tax from July 1, 2018, through June 30, 2030. The bill amends the ballot question and other provisions concerning the extension of the SCFD tax that may be submitted to the voters as follows: * Without increasing the total SCFD sales and use tax rate, modifies the rates of the 3 taxes collected annually by the SCFD that are used to fund the following: * The Denver museum of nature and science, the Denver art museum, the Denver zoological gardens, the Denver botanical gardens, and the Denver center for the performing arts (tier I facilities); * Certain regional scientific and cultural facilities within the district that are not tier I facilities (tier II facilities); and * County scientific and cultural organizations (tier III facilities); * Specifies that the rates of the 3 taxes collected annually by the SCFD will change after it collects $38 million in revenue and specifies how such rates will change; and * Extends the authority of the SCFD to levy a sales and use tax 12 years from the date upon which the authority of the SCFD is scheduled to expire. Definitions (Sections 1, 5, and 6). The bill redefines "cultural facility" and "scientific facility" to reflect changes in the arts and sciences fields since the SCFD was created; clarifies that an organization must be a 501 (c) (3) nonprofit organization to be a cultural facility or scientific facility for the purposes of the SCFD; and specifies that a facility's "annual operating income" for purposes of the SCFD means income from mission-based sources and that a facility's "paid attendance" means the total paid attendance at all mission-based programs. Additional district area (Section 2). Some portions of Douglas county are excluded from the SCFD boundaries. Current law specifies that those portions of Douglas county may be included in the SCFD if several criteria are met, including an election to include them prior to 2017. The bill extends the election deadline to 2025. Items subject to SCFD tax (Sections 3 and 5). Federal law requires that any taxes collected on aviation fuel must be used at airport sites. Because the SCFD has had difficulty tracking the source of revenues to confirm compliance with federal law, the bill exempts the sale or use of aviation fuel from the SCFD sales and use tax. SCFD board powers and duties (Section 4). The bill directs the SCFD board of directors (board) to publish and update annual governance and transparency notice requirements by posting certain information on the SCFD website. In addition, the bill removes an obsolete provision regarding the board's authority. Deduction for SCFD's costs (Section 5). The bill increases the percentage of SCFD sales and use tax proceeds that the board is authorized to keep for administrative purposes to 1.5% of the sales and use tax revenues annually collected. The bill clarifies that the board may deduct up to 1.5% of the sales and use tax revenues annually collected up to and including $38 million and up to 1.5% of the sales and use tax revenues annually collected in excess of $38 million. Tier I facilities (Section 5). Beginning July 1, 2018, the bill changes the distribution of tier I moneys to tier I facilities as follows: * Decreases the distribution to the Denver museum of nature and science from 25% to 24.5%; * Decreases the distribution to the Denver art museum from 20.83% to 20.33%; * Increases the distribution to the Denver botanical gardens from 11.75% to 13.25%; * Decreases the distribution to the Denver center for the performing arts from 18.18% to 17.68%; and * Maintains the distribution to the Denver zoo at 24.24%. Tier II facilities (Section 5). The bill makes the following modifications concerning tier II facilities: * Regional service requirement. Because tier II facilities receive sales and use tax revenue from all 7 counties included in the SCFD, there is an expectation that the tier II facilities should serve residents of the entire region. The bill specifies that tier II organizations are required to demonstrate their regional service and impact in a manner determined by the board. * Adjustment in minimum annual operating income. The minimum annual operating income threshold to qualify for tier II funding is currently adjusted annually by the most recent Denver-Boulder-Greeley consumer price index (CPI), which is published after the close of all organizations' most recently completed fiscal year. The bill changes the annual adjustment to be based on the average of the changes in the previous 2 years' CPI. * Status as a nonprofit organization. Current law requires a tier II facility to have been in existence, operating, and providing service to the public for at least 5 years before receiving its first distribution of SCFD moneys. The bill modifies this provision to require that beginning January 1, 2017, a facility must have been in existence, operating, and providing service to the public for at least 7 years as a 501 (c) (3) nonprofit organization before applying for SCFD tier II moneys for the first time. * Local government taxpayer identification number. Currently, a local government could potentially create multiple agencies or divisions within an agency that could each seek SCFD tier II funding. The bill specifies that no more than 2 local government facilities per taxpayer identification number are eligible to receive SCFD moneys in any year. * Factors considered in distribution of moneys. Current law requires the distribution of moneys to tier II organizations based on a formula that gives equal weight to the annual operating income and annual paid attendance at the facilities. The bill includes the annual documented free attendance at the facilities in the factors to be considered in the distribution and directs the board to determine the weight to give to each factor. Tier III facilities (Section 5). The bill makes the following modifications concerning tier III facilities: * Elimination of tier II eligibility. Tier II facilities are currently eligible to apply for funding from tier III moneys. The bill eliminates tier II facilities from eligible facilities for tier III moneys. * Status as a nonprofit organization. Current law requires a tier III facility to have been in existence, operating, and providing service to the public for at least 3 years before receiving its first distribution of SCFD moneys. The bill modifies this provision to require that beginning January 1, 2017, a facility must have been in existence, operating, and providing service to the public for at least 5 years as a 501 (c) (3) nonprofit organization before applying for SCFD tier III moneys for the first time. * Local government taxpayer identification number. As with tier II facilities, the bill specifies that no more than 2 local government tier III facilities per taxpayer identification number are eligible to receive SCFD moneys in any year. * County cultural council. The distribution of tier III moneys is determined by the county cultural council of each county in the SCFD. The bill allows the county cultural council to take into consideration an organization's financial and organizational capacity to spend SCFD moneys to serve the public and achieve the mission of the organization when determining how to distribute tier III moneys. Obsolete provisions (Section 6). The bill repeals several obsolete provisions.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News:

SB16-038 Transparency Of Community-centered Boards 
Sponsors: AGUILAR / YOUNG
Short Title: Transparency Of Community-centered Boards
Summary: Section 2 of the bill makes all writings made, maintained, or kept by a community-centered board (CCB) that receives more than 75% of its funding on an annual basis from the federal, the state, or a local government or from any combination of such governmental entities subject to public inspection as a "public record" under "Colorado Open Records Act". Section 3 of the bill requires the state auditor, at least once every 5 years or more frequently at the state auditor's discretion, to conduct or cause to be conducted a performance audit of each CCB that receives more than 75% of its funding on an annual basis from federal, state, or local government, or from any combination of such governmental entities, to determine whether such CCB is effectively and efficiently fulfilling its statutory obligations. A CCB becomes subject to the audit requirement when the CCB initially satisfies the 75% funding requirement for any one year regardless of whether or not the funding level decreases below 75% in any subsequent year. Section 3 of the bill further requires the state auditor to submit a written report and recommendations on each audit conducted and to present the report and recommendations to the legislative audit committee. The cost of any performance audit undertaken is imposed on the CCB. Section 2 of the bill also makes each CCB subject to the requirements of the "Colorado Local Government Audit Law".
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
News: Bill to audit Colorado nonprofits for disabled advances to governor
Colorado legislature deals a double blow to public access
Senate stalls on bill to make disability boards transparent
Opening records of disability nonprofits: ‘Impossible.’ Really?
Parents to lawmakers: Open records of nonprofits serving people with disabilities

SB16-085 Uniform Trust Decanting Act 
Sponsors: STEADMAN
Short Title: Uniform Trust Decanting Act
Summary: Colorado Commission on Uniform State Laws. Decanting is a term used to describe the distribution of assets from one trust into a second trust. The bill enacts the "Colorado Uniform Trust Decanting Act" (act), which allows a trustee to reform an irrevocable trust document within reasonable limits that ensure the trust will achieve the settlors original intent. The act prevents decanting when it would defeat a charitable or tax-related purpose of the settlor
Status: Governor Signed
Calendar Notification: Thursday, April 7 2016
Judiciary
1:30 p.m. Room 0112
(3) in house calendar.
Position: Actively Monitor
News:

SB16-107 Regulation Of Voter Registration Drive Circulators 
Sponsors: COOKE / PABON
Short Title: Regulation Of Voter Registration Drive Circulators
Summary: The bill requires circulators working on voter registration drives to: * Fulfill mandatory training requirements, as specified by rule of the secretary of state and provided by the voter registration drive organizer, prior to circulating voter registration applications; and * Inform persons of alternative means of registration when the deadline for timely submitting the application form through the voter registration drive prior to any election has passed. The bill also requires voter registration drive organizers to keep records evidencing the training completed by its circulators and to make those records available to the secretary of state.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB16-163 COLS OLLS Study Organizational Recodify Title 12 
Sponsors: JOHNSTON / KAGAN
Short Title: COLS OLLS Study Organizational Recodify Title 12
Summary: Committee on Legal Services. The bill directs the office of legislative legal services, overseen by the committee on legal services, to conduct a study of an organizational recodification of title 12 of the Colorado Revised Statutes. In conducting the study, the office must solicit input, including regarding the potential fiscal impacts of a recodification, from the judicial department, state agencies, local governments, and other entities with regulation and enforcement responsibilities established by provisions of the title as well as from representatives of the regulated professions and occupations and from the public. The office must periodically report to the committee about the status of the study. The bill requires the committee to determine by December 31, 2017, whether to direct the office to present proposed legislation to the committee for an organizational recodification. The proposed recodification should be largely organizational and nonsubstantive, including only those substantive provisions necessary to promote the public purposes of an organizational recodification, such as changes that will make similar but repetitive provisions uniform and capable of consolidation and changes that will eliminate archaic or obsolete provisions.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB16-179 CDLE Unemployment Insurance Classification 
Sponsors: ROBERTS / DELGROSSO
Short Title: CDLE Unemployment Insurance Classification
Summary: Under current law, the department of labor and employment (CDLE) determines whether an individual is classified as an employee or an independent contractor for purposes of unemployment insurance eligibility. CDLE has the authority to audit businesses to gather information to assist in making the determination. As it relates to the audit process, the bill requires CDLE to: * Develop guidance for employers on the statutory factors specified that determine the classification; * Clarify the process by which an employer or individual may submit further information in response to a determination by the department and prior to an appeal; * Establish an individual to serve as a resource for employers on certain classification and audit matters; * Establish internal methods to improve consistency between auditors; and * Establish an independent review of a portion of audit and appeal results at least twice a year to monitor trends and make improvements to the audit process.
Status: Governor Signed
Calendar Notification: Wednesday, April 13 2016
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
2:00 PM SCR 354
(2) in senate calendar.
Position: Actively Monitor
News:

SB16-186 Small-scale Issue Committees 
Sponsors: TATE / LONTINE
Short Title: Small-scale Issue Committees
Summary: The United States court of appeals for the tenth circuit recently affirmed an order entered into by the federal district court for Colorado which held that the disclosure and registration requirements imposed upon issue committees under the Colorado constitution and the state "Fair Campaign Practices Act" (FCPA) were not to be applied to an advocacy organization that raised a relatively small amount of money to promote its issue advocacy. The district court had further enjoined the secretary of state (secretary) from enforcing the FCPA disclosure requirements against the organization. In light of this opinion, section 2 of the bill makes existing disclosure and reporting requirements otherwise applicable to an issue committee inapplicable to a "small-scale issue committee", which the bill defines as an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed $5,000 during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question. Instead, any small-scale issue committee is required to disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures in accordance with the following alternative requirements:
* Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that does not exceed $200 is not required to disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures.
* Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle of between $200 and $5,000 is required to register with the appropriate officer within 10 business days of the date on which the aggregate amount of contributions or expenditures exceeds $200. The bill specifies the item the registration must include. However, any such committee is not required to make any disclosure about any contributions or expenditures it has made or received.
* At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that exceeds $5,000, the committee is required to report to the appropriate officer, for each particular contribution or expenditure accepted or made in an amount between $200 and $5,000, the name and address of each person who has made a contribution in such amount and the amount of each specific contribution and expenditure accepted or made by the committee.
* At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle that exceeds $5,000, the committee is required to make disclosure of any contributions or expenditures it accepts or makes on or after the date on which such aggregate amount exceeds $5,000 in compliance with all applicable requirements under the FCPA pertaining to the disclosure by an issue committee of its contributions or expenditures accepted or made.
* Within 15 days of a small-scale issue committee becoming an issue committee, the committee, through its registered agent, is required to report this change in the committee's status to the secretary. The bill further defines small-scale issue committees to preclude the ability to circumvent campaign finance disclosure requirements applicable to regular issue committees by creating numerous small-scale issue committees under the $5,000 threshold that support or oppose a common ballot measure.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News:

SB16-203 Evaluation Of The State's Tax Expenditures 
Sponsors: LAMBERT / HAMNER
Short Title: Evaluation Of The State's Tax Expenditures
Summary: Joint Budget Committee. The bill specifies that the state auditor is responsible for evaluating the state's tax expenditures. The evaluation must include the following: * A summary description of the purpose, intent, or goal of the tax expenditure; * The intended beneficiaries of the tax expenditure; * Whether the tax expenditure is accomplishing its purpose, intent, or goal; * An explanation of the intended economic costs and benefits of the tax expenditure, with analyses to support the evaluation if they are available or reasonably possible; * A comparison of the tax expenditure to other similar tax expenditures in other states; * Whether there are other tax expenditures, federal or state spending, or other government, nonprofit, commercial, volunteer, or philanthropic programs that have the same or similar purpose, intent, or goal as the tax expenditure, whether those all are appropriately coordinated, and, if not, how coordination could be improved, or whether any redundancies can be eliminated; * If the evaluation of a particular tax expenditure's economic impact is made difficult because of data constraints, any suggestions for changes in administration or law that would facilitate such data collection; and * An explanation of the performance measures used to determine the extent to which the tax expenditure is accomplishing its purpose, intent, or goal. The bill specifies that the performance measures must be clear and relevant to the specific tax expenditure being evaluated, should be measurable and track actionable goals, and can be assessable and reportable over time. To the extent it can be determined by the state auditor, the tax expenditure evaluation should also include the following: * The extent to which the tax expenditure is a cost-effective use of resources compared to other options for using the same resources to address the same purpose, intent, or goal; * An analysis of the tax expenditure's effect on competition and on business and stakeholder needs; * Whether there are any opportunities to improve the effectiveness of the tax expenditure in meeting its purpose, intent, or goal; and * An analysis of the effect of the state tax policies connected to local taxing jurisdictions on the overall purpose, intent, or goal of the tax expenditure. The bill specifies that the state auditor must present the results in the form of an annual evaluation report that is posted on the general assembly's website.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Actively Monitor
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SB16-217 Expedite Litigation Workers' Comp Claims 
Sponsors: HILL / WILLIAMS
Short Title: Expedite Litigation Workers' Comp Claims
Summary: The bill requires that any admission of liability in a workers' compensation case that purports to reduce the amount of compensation normally provided by law must include a statement by a representative of the employer listing the specific facts on which the reduction is based and permitting a party to request an expedited hearing on the issue of whether the reduction may be taken. The bill extends the time in which an expedited hearing must be held from 40 to 60 days and permits a party to request an expedited hearing on the issue of whether a compliant designated medical provider list was provided. The bill provides for the creation of forms by the division of workers' compensation regarding a request for a change of physician and clarifies when, following a change of physician, an injured worker's treatment relationship with a previously authorized treating physician is terminated.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
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SB16-218 State Severance Tax Refunds 
Sponsors: LAMBERT / HAMNER
Short Title: State Severance Tax Refunds
Summary: Joint Budget Committee. Section 1 of the bill reduces the amount of the general fund reserve for the fiscal year 2015-16 by an amount equal to the amount of income tax revenue that is deposited in a reserve to make severance tax refunds. Section 3 establishes the reserve in which all severance tax revenues are set aside and maintained in order to make severance tax refunds, prior to allocation to the severance tax trust fund and the local government severance tax fund. Until July 1, 2017, income tax revenue that would otherwise be deposited in the general fund may instead be deposited in the reserve if needed to make the refunds. Section 2 makes a conforming change related to this use of the income tax revenue. Section 4 extends a repeal date, so that severance tax revenue can continue to be allocated to the severance tax trust fund and the local government severance tax fund between January 1, 2017, and July 1, 2017. The following amounts are restricted from being used for any purpose whatsoever: * $19.1 million dollars from the severance tax perpetual base fund; (section 5) * $10 million dollars from the severance tax operational fund; and (section 6) * $48 million dollars from the local government severance tax fund. (section 7) The money in these funds remains restricted until such time that the joint budget committee, by a majority vote, releases the restriction on some or all of the money.
Status: Governor Signed
Calendar Notification: NOT ON CALENDAR
Position: Monitor
News: