Legislative Status Report

HB12-1002 The CLEAR Act & Application Permit Rules 
JCBL Category: Business Practices
Hicks Comments: This bill would create a stable application environment for Colorado businesses.
Position: Support
Short Title: The CLEAR Act & Application Permit Rules
Sponsors: SONNENBERG / JAHN
Summary: H.B. 12-1002 Rules - permits - applicability of existing or new rules and written statements of agency interpretation - exceptions. The act creates the "CLEAR Act", which stands for "Creating Level Expectations For Application Review". The act amends the "State Administrative Procedure Act" (APA) to state that the rules and any written statements of agency interpretation of the statutes of a state agency in effect on the date that a person applies for a new or renewed permit govern the application for a new permit or for renewal of the permit. If the rules or any written statements of agency interpretation governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency must grandfather in the application under the rules and any written statements of agency interpretation in effect on the date of the application, unless the agency determines in writing that: The new rules materially affect the health and safety of the public and that use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with new rules; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order. If the agency determines that one of these four exceptions will occur, the agency must treat the application as pending, provide a written notice to the person that states the reasons the application is incomplete, and give the person a reasonable opportunity to comply with the new law or new requirements. The act states that if an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules. The act defines "permit" as a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 6/4/2012 06/04/2012 Governor Action - Signed

HB12-1004 Colorado Timber Act 
JCBL Category: Economic Development
Hicks Comments: Bill would create a new market for Colorado timber products where today they are denied access in Colorado
Position: Support
Short Title: Colorado Timber Act
Sponsors: BRADFORD / KING S.
Summary: The bill requires county and municipal building codes to allow the use of lumber milled from lodgepole pine and Englemann spruce trees having a grade of "stud" or better as building framing material. County and municipal building codes must also encourage the use of lumber milled from these trees for this purpose.
Status: 4/18/2012 04/18/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

HB12-1007 Regulatory Analysis Requirement For Rules 
JCBL Category: Business Practices
Hicks Comments: Bill would create a review period of proposed regulatory changes and give businesses an opportunity to weigh in on changes. Needs an amendment to reflect info earlier in rules process.
Position: Conditionally Support
Short Title: Regulatory Analysis Requirement For Rules
Sponsors: SZABO / GRANTHAM
Summary: Under current law, if any person so requests, a state administrative agency must issue a regulatory analysis of any proposed rule at least 15 days prior to a rule-making hearing. The bill requires agencies to conduct the analysis for every proposed rule, regardless of whether an analysis has been requested. The bill also requires each regulatory analysis to include information on the effect of the proposed rule on jobs in Colorado. If the agency specifies that the proposed rule only makes grammatical, format, or organizational changes and makes no substantive changes, an analysis is not required. The bill also states that the general assembly determines that amendments to the law made by this bill can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys or allocation of full time equivalent state employees is necessary to carry out the purposes of the bill.
Status: 3/20/2012 03/20/2012 Senate Committee on Local Government Postpone Indefinitely

HB12-1008 GA & Public Input Proposed Agency Rules & Fees 
JCBL Category: Business practices
Hicks Comments:
Position: Support
Short Title: GA & Public Input Proposed Agency Rules & Fees
Sponsors: ACREE / JAHN
Summary: H.B. 12-1008 Rules - notice to representative groups of proposed rule-making - notice to general assembly of increases in fees and fines - departmental regulatory agendas. An executive branch agency of state government considering adopting rules shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate in conferences or to participate in the rule-making hearing on the proposals under consideration. If the agency convenes a representative group prior to issuing a notice of proposed rule-making, the agency shall include the group participants in the notice of the actual rule-making hearing. If an agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making under the State Administrative Procedure Act or within 10 days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members about the proposed rule or about the adoption of an emergency rule and specifying the amount of the increase in the fees or fines. Principal departments of state government shall submit a departmental regulatory agenda each November 1 to the legislative council staff for distribution to the applicable oversight committee of reference of the general assembly. The departmental regulatory agenda shall include: A list of new rules or revisions to existing rules that the department expects to propose during the next calendar year; The statutory or other basis for adoption of the proposed rules; The purpose of the proposed rules; The contemplated schedule for adoption of the rules; An identification and listing of persons or parties that may be affected positively or negatively by the rules; and An update and brief summary of all permanent and temporary rules actually adopted since the previous departmental regulatory agenda was filed. Each principal department shall present its departmental regulatory agenda to the applicable oversight committee of reference of the general assembly during the departmental presentations on strategic plans and performance-based budgeting held during the first 15 days of the legislative session. APPROVED by Governor May 17, 2012 EFFECTIVE May 17, 2012
Status: 5/17/2012 05/17/2012 Governor Action - Signed

HB12-1021 Coordinated And Rational Transp Planning 
JCBL Category: Transportation
Hicks Comments: Would change transportation planning in Colorado for those areas not in MPO
Position: PI-monitor
Short Title: Coordinated And Rational Transp Planning
Sponsors: VAAD
Summary: Sections 1 to 4 of the bill amend existing statutory provisions regarding transportation planning in order to coordinate such planning for any area of the state that is outside the jurisdiction of a metropolitan planning organization (MPO) by:
* Eliminating non-MPO transportation planning regions and regional transportation plans and requiring the department of transportation (CDOT) to include all non-MPO areas of the state in its comprehensive statewide transportation plan using an appropriate level of planning and analysis to incorporate the needs of the areas in an equitable and consistent manner;
* Eliminating the state transportation advisory committee and the special interim transit and rail advisory committee;
* Emphasizing the importance of coordinated and rational CDOT and state transportation commission transportation planning relative to local government and regional transportation planning in the legislative declaration that pertains to the statutory provisions. Sections 5 to 16 of the bill make conforming amendments.
Status: 2/8/2012 02/08/2012 House Committee on Transportation Postpone Indefinitely

HB12-1029 Economic Stimulus Personal Property Tax Exemption 
JCBL Category: Tax/Economic Development
Hicks Comments: Creates a BPPT exemption for pruchases made in 2012/13. This would benefit growth and provide tax relief to businesses who must make equipment investment. Bill needs to possibly seek a phased in approach for BPPT credits
Position: Support
Short Title: Economic Stimulus Personal Property Tax Exemption
Sponsors: HOLBERT / SCHEFFEL
Summary: H.B. 12-1029 Incentive payment or credit for property taxpayer - local government authority - new business facility - expand existing business facility. Counties, municipalities, and special districts currently have statutory authority to negotiate for an incentive payment or credit with a taxpayer who establishes a new business facility or expands an existing business facility. The maximum amount of the payment or credit is 50% of the amount of taxes levied by the respective local government upon the taxable business personal property located at or within the business facility and used in connection with the operation of the business facility for the current property tax year. The act increases the maximum amount of the payment or credit to the total amount of the taxes levied by the respective local government upon such taxable business personal property. APPROVED by Governor March 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 3/24/2012 03/24/2012 Governor Action - Signed

HB12-1033 Workers' Comp Admin Audit Fines 
JCBL Category: Health Insurance
Hicks Comments: Would allow for businesses or their insureres to avoid unnecessary fines or penalites for issues beyond their control in reporting worker injury issues.
Position: Support
Short Title: Workers' Comp Admin Audit Fines
Sponsors: SWALM / NEWELL
Summary: The bill specifies that the director of the division of workers' compensation may not impose an administrative fine on an insurer or self-insured employer as a result of a compliance audit for late reporting of an injury, occupational disease, or fatality when the late reporting resulted from the insurer or self-insured employer not having notice or knowledge of the injury, occupational disease, or fatality in sufficient time to comply with the reporting period. The bill permits the director to impose a fine if the director finds that the late reporting constituted a knowing and repeated pattern of noncompliance with the reporting requirements and was not caused by the insurer or self-insured employer's lack of notice or knowledge of the injury, occupational disease, or fatality.
Status: 3/22/2012 03/22/2012 Governor Action - Signed

HB12-1044 Start-up Colo Technology Transfer Grant Program 
JCBL Category: Economic Development
Hicks Comments: creates funding for ED projects- issue will be where does funding come from
Position: Monitor
Short Title: Start-up Colo Technology Transfer Grant Program
Sponsors: FERRANDINO
Summary: The bill establishes the start-up Colorado technology transfer grant program (program). The purpose of the program is provide grants of up to $750,000 to offices of technology transfer to help further the commercialization of technology projects and discoveries in Colorado, which will, in turn, lead to the creation of Colorado jobs. The start-up Colorado technology transfer cash fund, not to exceed $5 million, is also created. The program is repealed, effective July 1, 2015.
Status: 4/17/2012 04/17/2012 House Committee on Appropriations Postpone Indefinitely

HB12-1061 The Skills For Jobs Act 
JCBL Category: Education/Workforce Development
Hicks Comments: Bill has potential to link workforce development efforts to training efforts in the state and allow this information to drive private sector and public sector opportunties.
Position: Support
Short Title: The Skills For Jobs Act
Sponsors: KAGAN
Summary: H.B. 12-1061 Higher education - report - credential production - workforce projections. The act requires the department of higher education (department), in consultation with the department of labor, the department of regulatory agencies, and any other entity the department deems appropriate, to produce, within the limits of available resources and data, an annual report regarding state workforce projections and education credential production. The report will show the workforce needs that are not being met by state degree and certificate programs and identify institutions, public or private, that may be able to address those workforce needs through new programs or expansion of existing ones. The department will send the report to every public postsecondary governing board in the state and will work with the department of education to provide the report to the state's public school districts, the Colorado charter school institute, and Colorado private elementary, middle, and high schools. The act repeals July 1, 2016. APPROVED by Governor April 2, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 4/2/2012 04/02/2012 Governor Action - Signed

HB12-1082 Prevailing Compensation On Public Works Projects 
JCBL Category: Business Practices
Hicks Comments: Prevailing Wage bill that will drive up costs on projects for the state.
Position: PI_Oppose
Short Title: Prevailing Compensation On Public Works Projects
Sponsors: SOPER
Summary: The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to:
* Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
* Post the prevailing wages and fringe benefits;
* Pay workers at least once a week;
* Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
* File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill:
* Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
* Establishes a private right of action;
* Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
* Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively.
Status: 1/25/2012 01/25/2012 House Committee on Local Government Postpone Indefinitely

HB12-1102 Cap Clean Air Clean Jobs Electricity Rate Impact 
JCBL Category: Business Practices
Hicks Comments: Caps electrical rates
Position: Deliberating
Short Title: Cap Clean Air Clean Jobs Electricity Rate Impact
Sponsors: SWALM / TOCHTROP
Summary: House Bill 10-1365 created the "Clean Air - Clean Jobs Act" (act), which directs rate-regulated electric utilities (utilities) to create plans to achieve reduced emissions from coal-fired power plants (plans). The act specifies the extent to which costs in implementing plans are recoverable by utilities. This bill directs the public utilities commission to establish a maximum retail rate impact of 1% of the annual total base rate electric bill for each customer, beginning in 2013 and ending in 2023.
Status: 2/15/2012 02/15/2012 House Committee on Transportation Postpone Indefinitely

HB12-1105 Wind Energy Property Rights 
JCBL Category:
Hicks Comments: Provides that wind energy would become property right
Position: Monitor
Short Title: Wind Energy Property Rights
Sponsors: BECKER
Summary: The bill establishes a nonseverable wind energy right in real property.
Status: 5/29/2012 05/29/2012 Governor Action - Signed

HB12-1113 Preferences In State Public Contracts 
JCBL Category: Business Practices
Hicks Comments:
Position: PI-Oppose
Short Title: Preferences In State Public Contracts
Sponsors: LEE
Summary: Bill creates another Colorado employee preference process in state contracts
Status: 2/22/2012 02/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB12-1115 Business Fiscal Impact Statements New Laws 
JCBL Category: Business Practices
Hicks Comments: Bill creates a 5 day period for comment on fiscal notes on bills in the legisture
Position: Support
Short Title: Business Fiscal Impact Statements New Laws
Sponsors: LISTON / JAHN
Summary: The bill requires the staff of the legislative council to designate a 5-day period following the introduction of new legislation during which Colorado businesses may submit comments regarding the business fiscal impact of the new legislation. Upon the expiration of the 5-day period, the staff of the legislative council is required to compile and summarize the comments and prepare a business fiscal impact statement. The statement will accompany the fiscal note.
Status: 3/19/2012 03/19/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

HB12-1118 School Collective Bargaining Open To Public 
JCBL Category: Business Practices
Hicks Comments: Bill would open up the bargining process in public schools with unions- promotes transperancy
Position: Monitor
Short Title: School Collective Bargaining Open To Public
Sponsors: CONTI
Summary: A meeting of members of a board of education (local board) or school administration personnel with one or more representatives of employees at which the terms of a collective bargaining agreement are negotiated are open to the public, and the local board or school administration personnel shall give any prior notice of the meeting that is required by law. A local board may conduct an executive session to determine its position on matters subject to negotiations so long as a representative of employees is not present during the executive session. When a local board enters into the terms of a written collective bargaining agreement, the local board shall make available for public inspection any document that:
* Has been presented to a representative of the employees who are a party to the agreement, by any member of the local board or school administrative personnel that is a party to the agreement; or
* Has been presented to any member of the local board or school administrative personnel that is a party to the agreement to a representative of the employees who are a party to the agreement. For the purposes of the "Colorado Sunshine Act of 1972", "local public body" includes members of a local board, school administration personnel, or a combination thereof, who are involved in a meeting with one or more representatives of employees at which a collective bargaining agreement is discussed. For the purposes of the "Colorado Open Records Act", "public records" includes documents relating to the conduct of collective bargaining negotiations between a local board, school administration personnel, or a combination thereof, and a representative of employees.
Status: 4/4/2012 04/04/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

HB12-1119 Success Act To Limit State Agency Fines 
JCBL Category: Business Practices
Hicks Comments: Limit finess that can be accessed to businesses by state agencies for minor violations
Position: Support
Short Title: Success Act To Limit State Agency Fines
Sponsors: CORAM / GIRON
Summary: The bill limits the discretion of a state executive branch agency to impose a fine for a minor violation of a state law or a state agency rule by prohibiting an agency from:
* Imposing a fine for a minor violation that is an inspection-related violation if the violator made a reasonable good faith effort to comply with the state law or state agency rule that it violated unless:
* The state agency provides written notice of the violation to the violator within 20 business days of the date of the inspection; and
* The violator fails to remedy the violation within 20 business days of receiving the notice.
* Imposing a fine for a minor violation that is a paperwork violation unless:
* The state agency provides written notice of the violation to the violator within 90 business days after the violator committed the violation by missing a filing deadline or filing an erroneous form or other filing; and
* The violator fails to remedy the violation within 90 business days of receiving the notice of the violation.
Status: 6/6/2012 06/06/2012 Governor Action - Signed

HB12-1127 Unemployment Ins Rate Reduction New Employers 
JCBL Category: Insurance
Hicks Comments: Bill revises UI rates for new employers
Position: Monitor
Short Title: Unemployment Ins Rate Reduction New Employers
Sponsors: LISTON
Summary: The current unemployment insurance premium rate for new employers is 0.0170. In legislation enacted in 2011 (House Bill 11-1088), once solvency in the unemployment insurance fund is achieved, the rate for new employers would increase. This bill eliminates this rate increase and keeps the rate at 0.0170 after solvency in the unemployment insurance fund is reached.
Status: 3/19/2012 03/19/2012 Governor Action - Signed

HB12-1129 Moneys For Small Business Development Centers 
JCBL Category: Economic development
Hicks Comments: Creates funding for small business development centers by taking $300 K in general funds to match federal grants
Position: Support
Short Title: Moneys For Small Business Development Centers
Sponsors: TYLER / JAHN
Summary: For the 2012-13 and 2013-14 state fiscal years, the bill requires the general assembly to appropriate moneys, in amounts to match federal funds but not to exceed $300,000 each year, to the Colorado office of economic development (office). The state director of small business development centers (SBDCs) in the office may expend up to 15% of the appropriated moneys to increase awareness of SBDCs and shall equitably distribute the remainder to SBDCs across the state and, where possible, to reestablish SBDCs that have closed since January 1, 2007. The office is required to report to the general assembly regarding the disbursement and the measurable results of the use of those moneys.
Status: 4/17/2012 04/17/2012 House Committee on Appropriations Postpone Indefinitely

HB12-1134 Prohibit Job Discrimination Against Unemployed 
JCBL Category: Business Practices
Hicks Comments: Creates new regulations for hiring practice for employers in Colorado- for use of employment information - unemployed at the time of hire
Position: Oppose
Short Title: Prohibit Job Discrimination Against Unemployed
Sponsors: PABON
Summary: The bill prohibits an employer, employer's agent, employer's representative, or employer's designee (referred to as "employer") from publishing, in print or on the internet, an advertisement for any job vacancy that contains a provision that states:
* The qualifications for a job include current employment;
* An application for employment will not be considered if the applicant is currently unemployed; or
* Only applications submitted by job applicants who are currently employed will be considered. An employer who violates the provisions of the bill is subject to a civil penalty. The bill also clarifies that the prohibitions regarding advertising do not establish a private cause of action by an aggrieved person.
Status: 2/21/2012 02/21/2012 House Committee on Economic and Business Development Postpone Indefinitely

HB12-1136 Prohibit Use Of Public Land For Retail Sales 
JCBL Category: Business Practices
Hicks Comments: Bill seeks to limit the ability of public agencies to create partnerships for services that compete with private sector businesses.
Position: Support
Short Title: Prohibit Use Of Public Land For Retail Sales
Sponsors: RAMIREZ / ROBERTS
Summary: The bill prohibits a public entity from operating, or contracting with a private entity to operate, for public use any truck stop, fueling station, or convenience store on or near public land, state highways, toll roads, or any other similar infrastructure supported by any state revenues. The bill does not prohibit a public entity from maintaining existing interstate public rest areas or constructing new interstate public rest areas as allowed by law. The bill also specifies that the prohibition is not retroactive and does not apply to restaurants or service centers related to a golf course or any souvenir shops that are on or near such public land, state highways, toll roads, or such similar infrastructure.
Status: 5/2/2012 05/02/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

HB12-1154 Regional Economic Development Through Partnerships 
JCBL Category: Economic Development
Hicks Comments: Calls fro regional economic development thru partnership agreements
Position: Conditionally Support
Short Title: Regional Economic Development Through Partnerships
Sponsors: CORAM / JAHN
Summary: The bill tasks the Colorado office of economic development (office) with fostering a regional approach to economic development. A region is defined as a state planning and management region utilized by the department of local affairs. Currently, there are 14 such regions in the state. The office must create a new, or assist in expanding an existing, regional development partnership (partnership) in each region. A partnership consists of representatives of the region's businesses and industries, economic and workforce development entities, educational institutions, nonprofit organizations, local governmental bodies, and federal, tribal, and state regulatory authorities. The bill designates regional economic development partnership boards (partnership boards) as the entities that will develop 3-year regional economic development plans, work with partnerships to implement the plans, and provide annual progress reports regarding such implementation to the newly created state regional economic development council (council). The council, which consists of one representative from each partnership and the regional development director of the office, meets periodically with the office and the Colorado economic development commission and annually reports to the governor regarding the progress reports.
Status: 4/20/2012 04/20/2012 House Committee on Appropriations Postpone Indefinitely

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

HB12-1171 Limit Public Hwy Authorities Noncompete Agreements 
JCBL Category: Transportation
Hicks Comments: Bill seeks to limit non-compete clauses for highway authorities
Position: PI
Short Title: Limit Public Hwy Authorities Noncompete Agreements
Sponsors: TYLER
Summary: The bill prohibits a public highway authority from entering into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or delay or prevent the construction or upgrading of a road or highway that is included in a fiscally constrained regional transportation plan or in the fiscally constrained statewide transportation plan.
Status: 2/22/2012 02/22/2012 House Committee on Transportation Postpone Indefinitely

HB12-1172 Electric Utility No Imputed Carbon Tax 
JCBL Category: Energy
Hicks Comments:
Position: Monitor
Short Title: Electric Utility No Imputed Carbon Tax
Sponsors: SWALM
Summary: The 2004 voter initiative known as "Amendment 37" committed Colorado to a policy of increasing the portion of the state's electricity generated from renewable sources. Subsequent legislation allows the Colorado public utilities commission (PUC) to impute the cost of a carbon tax imposed at the federal level when calculating an electric utility's investments and comparing the cost of maintaining existing infrastructure with the cost of replacing existing power plants with more energy-efficient power plants. Section 1 of the bill conditions the PUC's imputation of the carbon tax on the actual adoption of a carbon tax as part of federal law. Section 2 prohibits an investor-owned electric utility from charging residential customers tiered rates according to their monthly consumption.
Status: 3/21/2012 03/21/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

HB12-1241 Review Enterprise Zone Designations 
JCBL Category: Economic Development
Hicks Comments: Bill calls for changes to enterprise zone areas in Colorado
Position: Oppose
Short Title: Review Enterprise Zone Designations
Sponsors: FERRANDINO
Summary: The bill requires any new enterprise zone designation to meet at least 2 of the criteria currently listed in statute, rather than at least one. Additionally, the bill requires the director of the Colorado office of economic development (director) and the Colorado economic development commission (commission) to review the enterprise zone designations at least once every 5 years to ensure that the existing zones continue to meet those criteria. As a part of each 5-year review, the director and the commission are required to analyze the annual documentation of efforts required by law. The bill allows the director and the commission to make changes or terminate existing enterprise zone designations based on the review. If it is determined that existing enterprise zone designations need to change or be terminated, the change or termination shall not be undertaken in a high unemployment period. The bill requires any changes or terminations to be reported to the legislative audit committee and the finance committees of the house of representatives and the senate. The bill allows the director and the commission to make recommendations for improved or different criteria to be used for the designation of an enterprise zone. Any recommendations are required to be presented to the legislative audit committee in conjunction with the annual presentation already required by law and reported to the finance committees of the house of representatives and the senate. The bill requires the director of the Colorado economic development commission to notify the state auditor when the review is completed. The state auditor is then required to commence a performance audit of the review undertaken and to submit a report to the governor and general assembly. The bill also requires all enterprise zones to comply with the requirement to submit annual documentation of efforts to improve economic conditions.
Status: 6/6/2012 06/06/2012 Governor Action - Signed

HB12-1251 Reforms To Urban & Rural Enterprise Zone Act 
JCBL Category: Economic Development
Hicks Comments: Bill makes revisions to enterprise zone tax credits for urban and rural use
Position: Oppose
Short Title: Reforms To Urban & Rural Enterprise Zone Act
Sponsors: HULLINGHORST / HEATH
Summary: The bill:
* For the income tax years commencing on or after January 1, 2014, limits the amount of an income tax credit that may be claimed in an income tax year for qualified investments in an enterprise zone to the sum of the taxpayer's actual tax liability for the income tax year up to $5,000, plus 50% of any portion of the tax liability for the income tax year that exceeds $5,000 up to a maximum of $500,000.
* Allows a taxpayer to appeal to the Colorado economic development commission (commission) for permission to claim a credit in excess of the limit specified in the bill.
* Requires the commission to annually post information regarding claimed investment tax credits on its web site or the Colorado office of economic development's web site.
* Requires the commission to provide the department of revenue with information related to taxpayers receiving any credits allowed under the "Urban and Rural Enterprise Zone Act".
Status: 2/29/2012 02/29/2012 House Committee on Finance Postpone Indefinitely

HB12-1260 Limit Enterprise Zone Investment Income Tax Credit 
JCBL Category: Economic Development
Hicks Comments: Bill would limit tax credits for enterprise zones
Position: Oppose
Short Title: Limit Enterprise Zone Investment Income Tax Credit
Sponsors: LABUDA
Summary: For the income tax years commencing on or after January 1, 2013, the bill limits the amount of an income tax credit that may be claimed in an income tax year for qualified investments in an enterprise zone. The limit is the lesser of:
* The taxpayer's actual tax liability for the income tax year to the extent such liability does not exceed $5,000, plus 50% of any portion of the tax liability for the income tax year that exceeds $5,000; or
* $250,000.
Status: 2/29/2012 02/29/2012 House Committee on Finance Postpone Indefinitely

HB12-1277 Local Control Oil Gas Regulation 
JCBL Category: Business Practice
Hicks Comments: Bill calls for changes in the regulation of oil/gas industry when withn city jurisdication
Position: PI
Short Title: Local Control Oil Gas Regulation
Sponsors: JONES / BACON
Summary: The bill clarifies that oil and gas operations are subject to local governments' authority, as well as the authority of the oil and gas conservation commission. The bill establishes that oil and gas operations are subject to the same local government control as is established for other mineral extractions.
Status: 2/20/2012 02/20/2012 House Committee on Local Government Postpone Indefinitely

HB12-1284 Small Business Financing Interim Committee 
JCBL Category: Economic development
Hicks Comments: Bill creates intermin committee to look at small business financing
Position: Support
Short Title: Small Business Financing Interim Committee
Sponsors: WILSON / HEATH
Summary: The bill creates a legislative interim committee to study, during the 2012 interim, issues related to small business financing in Colorado. The bill specifically requires the interim committee to meet with small business lenders and principals of small businesses to determine whether there is an unfilled need for capital and loans that discourages business expansion in Colorado. The bill also tasks the interim committee with assessing whether changes could be made in Colorado laws affecting small business financing to better enable the formation of business capital.
Status: 2/14/2012 02/14/2012 House Committee on Economic and Business Development Postpone Indefinitely

HB12-1308 Funding For Economic Development Programs 
JCBL Category: Economic Development
Hicks Comments: Bill would create new funding for OEDIT by using new sources to include funding now in enterprise zone tax credit programs. HIcks recommends we oppose the bill as it takes advantage of pending enterprise zone bills we oppose for funding
Position: Oppose
Short Title: Funding For Economic Development Programs
Sponsors: SINGER
Summary: The bill directs the general assembly to appropriate additional moneys for economic development programs administered by the Colorado office of economic development (office). Specifically, the bill creates the economic stability cash fund (fund) that the office may use to help fund economic development programs during times of economic downturn. Beginning in the 2014-15 fiscal year, the general assembly is required to make an annual appropriation to the fund, subject to available appropriations. In addition, beginning in the 2014-15 fiscal year, the general assembly is required to make an annual appropriation to the office, subject to available appropriations, for the purpose of funding economic development programs that are administered by the office. The moneys appropriated to the fund and to the office are to supplement, rather than supplant, any other appropriations that the general assembly makes for economic development programs for the applicable fiscal years.
Status: 3/7/2012 03/07/2012 House Committee on Finance Postpone Indefinitely

HB12-1309 Colorado Mandatory E-verify Act 
JCBL Category: Business Practices
Hicks Comments: Bill mandates the use of E-Verify for all Colorado employers for new hires. HIcks recommends we oppose bill without Amendments
Position: Oppose
Short Title: Colorado Mandatory E-verify Act
Sponsors: SWALM / KING K.
Summary: Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the "Colorado Mandatory E-verify Act", which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a 6-month suspension of the employer's business licenses. The department of labor and employment (department) must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the act on its web site.
Status: 5/8/2012 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

HB12-1315 Reorganization Of Governor's Energy Office 
JCBL Category: Economic Development
Hicks Comments: Bill revises the goals and objectives of the Gov's Energy Office. Makes all energy a priority.HIcks Recommendation- conditionally support- amendments will fly on this bill-Will works to get all Energy Sources in the Bill.
Position: Conditionally Support
Short Title: Reorganization Of Governor's Energy Office
Sponsors: BECKER / STEADMAN
Summary: The bill changes the name of the governor's energy office to the Colorado office of energy development (office). As part of the reorganization of the office, the bill changes the mission of the office to:
* Promoting all Colorado energy;
* Promoting economic development in Colorado through energy-market advances that create jobs;
* Encouraging Colorado-based clean and innovative energy solutions that include traditional and renewable energy sources;
* Increasing energy security;
* Lowering long-term consumer costs; and
* Protecting the environment. The bill aligns the duties of the office with the new mission of the office. The bill requires the office to obtain legislative approval prior to changing office policies related to its strategic plan, the definition of "renewable energy", energy transmission, or any policy that could negatively impact the use of traditional energy sources. The bill creates the renewable energy fund and specifies that the fund be used by the office to work with communities, utilities, private and public organizations, and individuals to promote:
* The renewable energy standard;
* Renewable energy such as wind, solar, biomass, hydroelectricity, thermal gasification, and geothermal;
* Energy efficiency technologies;
* Cleaner technologies by utilizing traditional Colorado-sourced energy; and
* New energy technologies. The bill changes the name of the clean energy fund to the innovative energy fund, aligns the purposes of that fund with the new mission of the office, limits the expenditures from the fund for those projects related to the severance of minerals subject to taxation under state law, and transfers moneys to the innovative energy fund from the perpetual base account of the severance tax trust fund. The bill repeals:
* The wind for schools grant program;
* The Colorado clean energy development authority; and
* The green truck grant program. The bill ends the office's role as a consultant to the reenergize Colorado program and the geothermal resource leasing fund. The bill changes the name of the clean energy improvement debt reserve fund to the energy improvement debt reserve fund and includes improvements to the efficiency of traditional energy fixtures as part of the definition of "renewable energy improvement" for purposes of local improvement districts. The bill ends the authority of the office to use up to 5% of the moneys in the Colorado office of energy development low-income energy assistance fund for planning, overseeing, and evaluating the program to improve the energy efficiency of low-income households. Finally, the bill terminates the office on July 1, 2018, unless extended through the sunset review process.
Status: 5/24/2012 05/24/2012 Governor Action - Signed

HB12-1321 Modernization Of The State Personnel System Act 
JCBL Category: Business Practices
Hicks Comments: Bill revises the state personnel system. From the many changes listed, appears to positive reform action.
Position: Support
Short Title: Modernization Of The State Personnel System Act
Sponsors: FERRANDINO / JOHNSTON
Summary: The state personnel system (system) is established in the state constitution. The following changes are contingent upon the voters approving an amendment to the constitutional provisions related to the system in 2012:
* Merit principles. The bill makes changes to reflect that appointments and promotions will be based on a comparative analysis of candidates based on objective criteria instead of competitive tests of competence. Section 9 of the bill requires the state personnel director (director) to develop evaluation and examination procedures, describes a comparative analysis and its acceptable forms, and makes conforming amendments related to the change.
* Exemptions. Section 12 of the bill requires the director to establish procedures to approve the exemption of an employee from the state personnel system pursuant to the newly created constitutional exemptions.
* Rule of 6. Section 9 of the bill makes changes to reflect that the number of persons eligible for appointment within the system is increased from the 3 highest persons on the eligible list to the 6 highest.
* State personnel board. Section 5 makes conforming amendments to reflect the constitutional changes related to the state personnel board and eliminates language that duplicates constitutional language.
* Temporary employment. Section 10 of the bill reflects the new constitutional limit on the length of temporary employment and establishes a 4-month waiting period between temporary appointments for the same position. For persons within the state personnel system, the bill replaces the performance awards with merit pay. Section 6 of the bill establishes the following features of the merit pay system:
* The purpose of the merit pay system is to provide salary increases for employees in the state personnel system based on performance evaluations and salary positions within the appropriate salary range;
* The initial system must include quartiles for the salary range distribution and 3 performance categories, but the director may change the number of distribution zones or performance categories based on a biennial review;
* The director shall establish one or more priority groups of employees that have priority to receive merit pay based on available moneys;
* An institution of higher education is permitted to enact its own merit pay system;
* Merit pay is subject to available appropriations;
* The general assembly is required to appropriate any moneys for merit pay in the personal services line item;
* The director must include information about merit pay in the annual compensation report and recommendations; and
* The state employee reserve fund is created with separate accounts for each principal department. If a department does not expend all of the moneys in its operating or personal services line item appropriation, the treasurer is required to transfer an amount equal to the unused appropriation to the department's account. Moneys in a department's account are continuously appropriated to the department to be used for merit pay, but the director of the office of state planning and budgeting must approve such use. In addition, section 8 of the bill requires each department to include the costs of merit pay as part of the costs of personal services in the annual departmental budget requests. Conforming amendments related to merit pay are included in sections 4, 7, and 13 of the bill. Section 11 of the bill makes the following changes related to persons in the system who are separated from state service due to lack of work, lack of funds, or reorganization:
* Bumping rights, which allow a separated employee to take the job from a person with less seniority, are limited to those persons who, as of January 1, 2013, are within 5 years of being eligible for full retirement;
* The director is required to establish by rule procedures for the separation and demotion of certified employees who do not have bumping rights, which procedures give consideration to performance evaluations and seniority;
* All departments are required to consider placing an employee who would otherwise be separated into a funded, vacant position for which the employee is qualified; and
* The director is required to create a layoff plan that may be used by a department to provide postemployment compensation or other benefits to a separated employee, which may include a hiring preference, health benefits, educational training, and severance pay. Section 3 of the bill establishes an exception for the postemployment compensation authorized by the layoff plan established by the director from the current prohibition on such compensation to any government-supported official or employee. The changes related to merit pay, bumping rights, and severance awards are not contingent on the voters approving an amendment to the state constitution.
Status: 6/6/2012 06/06/2012 Governor Action - Signed

HB12-1334 Severence Tax Funding Agricultural Energy Projects 
JCBL Category: Economic Development/Energy
Hicks Comments: Bill create a five year extension of the program to fund AG energy projects in the state.
Position: Conditionally Support
Short Title: Severence Tax Funding Agricultural Energy Projects
Sponsors: BECKER / HODGE
Summary: H.B. 12-1334 Agricultural energy-related projects - funding - appropriation. In 2006, the general assembly approved a transfer of $500,000 from the operational account of the severance tax trust fund to the agricultural value-added cash fund for 3 years to promote agricultural energy-related projects. In 2009, the general assembly approved a 2-year extension. The act extends the funding for an additional 5 years. The act appropriates $500,000 to the department of agriculture for the projects. APPROVED by Governor May 24, 2012 EFFECTIVE July 1, 2012
Status: 5/24/2012 05/24/2012 Governor Action - Signed

HB12-1360 Surplus General Fund Transfer To Econ Dev Fund 
JCBL Category: Economic Development
Hicks Comments: Great bill, transfers 4 million to economic development
Position: Support
Short Title: Surplus General Fund Transfer To Econ Dev Fund
Sponsors: GEROU / STEADMAN
Summary: Joint Budget Commitee. On June 30, 2012, the state treasurer is required to transfer up to $4,000,000 to the Colorado economic development fund from the amount by which the June 2012 estimate of general fund revenue prepared by the office of state planning and budgeting (OSPB) for the 2011-12 fiscal year exceeds the March 2012 estimate of general fund revenue prepared by OSPB for the 2011-12 fiscal year.
Status: 5/24/2012 05/24/2012 Governor Action - Signed

HCR12-1001 State Personnel System 
JCBL Category:
Hicks Comments: Resolution calls for a ballot issue to allow changes to state personnel system
Position: Monitor/Support
Short Title: State Personnel System
Sponsors: FERRANDINO & ... / JOHNSTON & ...
Summary: *** No bill summary available ***
Status: 5/8/2012 05/08/2012:48 AM 04:10 Signed by the President of the Senate

SB12-001 Contracting Preferences For Employing Coloradans 
JCBL Category: Business Practices
Hicks Comments: Bill creates winners and losers in the state bidding process for service and construction contracts that are 1 million of greater. Would favor union companies over non-union comapnies and could impact small bsuiesses- SBE and MBE issues.
Position: Oppose
Short Title: Contracting Preferences For Employing Coloradans
Sponsors: HUDAK / DURAN
Summary: On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $1 million, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference.
Status: 4/25/2012 04/25/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

SB12-003 Permissible Use Of Credit Information By Employers 
JCBL Category: Business Practices
Hicks Comments: Bill would prevent credit score data for hiring for employers in certain circumstances and would create new liablities and fines for employers. Wrong direction in this economy.
Position: Oppose
Short Title: Permissible Use Of Credit Information By Employers
Sponsors: CARROLL / FISCHER
Summary: The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer"). Specifically, the bill:
* Prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job;
* Requires an employer to disclose to an employee or applicant for employment (jointly, "employee") when the employer uses the employee's consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
* Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
* Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information.
Status: 3/19/2012 03/19/2012 House Committee on Local Government Postpone Indefinitely

SB12-004 Preference For US Materials In Public Contracts 
JCBL Category: Business Practices
Hicks Comments: Creates a favorable platform for the use of US made products in state bids. Impacts may drive up total contract prices as some technical and building material can be more costly if soley US made.
Position: Monitor/Oppose
Short Title: Preference For US Materials In Public Contracts
Sponsors: FOSTER / MIKLOSI
Summary: Any state agency (agency) that issues an invitation for bids or a request for proposals on or after July 1, 2012, for the purchase of materials, supplies, products, provisions, or equipment for which an appropriation or expenditure of moneys is reasonably expected to exceed $1 million in the aggregate is required to provide to a bidder or offeror (contractor) that responds to the invitation for bids or request for proposals a preference in an amount equal to 1% of the bid price, which is to be subtracted from the bid of each contractor that certifies that it has undertaken best efforts to ensure that such materials, supplies, products, provisions, or equipment are manufactured in the United States. The preference allowed pursuant to the bill may not be awarded to a contractor that fails to meet the requirements of the bill, and the preference may not be used to satisfy any applicable minimum requirements of the contract. The preference is only allowed if:
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are equal in quality to any such items that are manufactured outside the United States;
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are able to be manufactured in sufficient quantities to satisfy the requirements of the invitation for bids or request for proposals; and
* The cost of the materials, supplies, products, provisions, or equipment that are manufactured in the United States does not exceed the cost of such items manufactured outside the United States by more than 5%. Any contractor that seeks allowance of a preference made available under the bill must certify to the agency that issued the invitation for bids or request for proposals that the contractor is eligible for the preference. The agency may rely on certification provided by the contractor but may also require the contractor to submit additional information to verify the contractor's eligibility for the preference. The agency is responsible for verifying that the contractor has satisfied all applicable requirements and is, therefore, eligible for the preference. The bill requires the executive director of the department of personnel or the executive director's designee to promulgate rules for the administration of the preference, including a process for a contractor to certify that it satisfies all requirements necessary for allowance of the preference and for an agency to verify that the contractor satisfies such requirements. The bill specifies that nothing in its terms is intended to contravene any existing treaty, law, agreement, or rule of the United States. No preference shall be granted under the bill if the preference would contravene any treaty, law, agreement, or rule of the United States.
Status: 5/10/2012 05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

SB12-005 Ofc Econ Dev Business Retention & Expansion Prog 
JCBL Category: Economic Development
Hicks Comments: Is the program needed to improve economic development efforts in Colorado or do these type of program issues exist in current efforts
Position: Monitor/Support
Short Title: Ofc Econ Dev Business Retention & Expansion Prog
Sponsors: NEWELL / MASSEY
Summary: In order to retain and grow existing businesses in the state, the bill directs the Colorado office of economic development (office) to develop and administer the Colorado business retention and expansion program under the office's statewide economic development plan. The bill describes the office's specific duties under the program, including the requirement that the office annually report on the program to the general assembly.
Status: 5/4/2012 05/04/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

SB12-006 Efficiencies In State Regulatory System 
JCBL Category: Economic Development
Hicks Comments: Rule or regulatory costs are significant to businesses in Colorado. We do need a process to professionally review the value of existing rules to weed out barriers to doing business in this state
Position: Support
Short Title: Efficiencies In State Regulatory System
Sponsors: NEVILLE / HOLBERT
Summary: The bill requires the committee on legal services to appoint a task force (COLS task force) to review the state's regulatory system and make recommendations related to whether:
* The current system creates a regulatory advantage to one segment of an industry at the expense of another;
* The existing availability of cost-benefit analysis needs strengthening in order to produce meaningful measures of adverse impacts on consumers and private industry;
* The enforcement practices of the current system, if any, create perverse incentives for unreasonably punitive fines and penalties on private parties;
* Economic conditions merit a downsizing of the regulatory body with resulting reduction of financial compliance costs;
* A particular regulated industry is regulated in an outmoded form of regulation that is no longer advisable;
* Currently regulated industries are regulated by other means;
* Continued regulation of the regulated industry is justified;
* The current system regulates fewer businesses than it did in a previous state fiscal year; and
* Compliance costs could be reduced or eliminated at no risk to the public welfare or environment and at no risk of creating or protecting a monopoly. The COLS task force must report to the committee on legal services by January 1, 2013, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary. The bill also addresses the circumstances under which staff assistance will be available for the COLS task force.
Status: 3/9/2012 03/09/2012 Senate Committee on Appropriations Postpone Indefinitely

SB12-026 Agency Rules With State Mandates On A Local Gov 
JCBL Category:
Hicks Comments: This bill would eliminate state mandates to local government where possible. Such mandates end up impacting business.
Position: Support
Short Title: Agency Rules With State Mandates On A Local Gov
Sponsors: CADMAN
Summary: S.B. 12-26 State agency - promulgation of rules - state mandate - compliance with existing law - feedback from local governments. Currently, a state agency (agency) is prohibited from promulgating a rule that requires a local government to undertake a specific activity or to provide a specific service that satisfies minimum state standards (state mandate) unless the state provides additional moneys to reimburse the local government for the additional costs. The act includes this requirement in the "State Administrative Procedure Act". For each proposed rule that includes a state mandate, an agency is required to provide information to the director of the office of state planning and budgeting (director) relating to the rule and consultations with elected officials and other representatives of local governments. The agency is prohibited from conducting a public hearing on the proposed rule unless it receives a written notice from the director that the information complies with the law. The agency must include the information and the director's notice in the agency rule-making record and provide copies of them to the executive committee of the legislative council. An agency is also required to develop a process to actively solicit the input of elected officials and other representatives of local governments into the development of proposed rules affecting a local government. The act permits an agency to adopt a temporary or emergency rule without complying with these new requirements, but compliance is required in order for the rule to become permanent. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 5/24/2012 05/24/2012 Governor Action - Signed

SB12-052 Local & Statewide Assessed Prop Tax Exemption 
JCBL Category: Tax/Economic Development
Hicks Comments: Would create higher exemption level for businesses in BPPT
Position: Support
Short Title: Local & Statewide Assessed Prop Tax Exemption
Sponsors: SCHEFFEL / PRIOLA
Summary: Under current law, the amount of the exemption from property tax for business personal property listed on a single personal property schedule is $5,500 for the current property tax year cycle, $7,000 for the next property tax year cycle, and an inflation-adjusted amount for each property tax year cycle thereafter. The bill increases the exemption to $14,000 for the next property tax year cycle, which in turn increases the future inflation-adjusted amount of the exemption. For a period of 10 years, the bill also exempts a portion of the business personal property of a state-assessed public utility through the creation of a valuation cap. The valuation cap is based on the actual value of the public utility's operating property and plant for the 2011 property tax year, or a later property tax year in the case of a new public utility, with an incremental increase each year thereafter during the 10-year period. The value of property above the cap is deemed to be attributable to business personal property, unless the property tax administrator determines otherwise.
Status: 2/16/2012 02/16/2012 Senate Committee on Finance Postpone Indefinitely

SB12-058 Venture Capital Advisory Board 
JCBL Category: Economic Development
Hicks Comments:
Position: Deliberating
Short Title: Venture Capital Advisory Board
Sponsors: HEATH
Summary: The bill establishes the venture capital advisory board. The advisory board is required to create a report regarding venture capital investment in the state, provide the report to the general assembly, and present the report to the economic and business development committee of the house of representatives and the business, labor, and technology committee of the senate. A copy of the report will be available on the web site maintained by the Colorado economic development commission.
Status: 3/13/2012 03/13/2012 House Committee on Economic and Business Development Postpone Indefinitely

SB12-063 Sev Tax Revenues For Rural Insts Of Higher Ed 
JCBL Category: Education/Economic Development
Hicks Comments: Bill caps severance tax expenditures and allows for new allocations to rural communities impacted by energy development and higher education demands. This could impact traditional severance tax projects for other users.
Position: PI-Oppose
Short Title: Sev Tax Revenues For Rural Insts Of Higher Ed
Sponsors: BROPHY
Summary: The bill establishes a $100 million cap, as adjusted annually for inflation, on the current allocation of severance tax revenue. Any revenue received above the $100 million cap, as adjusted annually for inflation, is first made available to any political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, but only for a serious need. Such political subdivision must make a grant request at a joint committee hearing of the house local government committee and the senate local government and energy committee, or any successor committees. Whatever moneys remain after the joint committee awards grants to those particular political subdivisions is to be transferred to the rural higher education cash fund and annually appropriated to rural institutions of higher education on a proportionate basis. The bill requires that each rural institution of higher education set aside at least 50% of each annual appropriation in a separate trust account in order to build an endowment fund to be used by the rural institution of higher education.
Status: 2/2/2012 02/02/2012 Senate Committee on Finance Postpone Indefinitely

SB12-073 Legislative Intent In Review Of State Agency Rules 
JCBL Category: Business Practices
Hicks Comments: Bill makes legislative intent part of rule making ensuring correct direction by agency
Position: Support
Short Title: Legislative Intent In Review Of State Agency Rules
Sponsors: CADMAN
Summary: An executive branch agency is prohibited from adopting a rule pursuant to the "State Administrative Procedure Act" unless the agency finds that the rule is consistent with the clear legislative intent of the general assembly as supported by the public record of committee hearings and floor debates, including any public statements made by the principal sponsors or proponents of the bill or an amendment to the bill before its adoption. The bill adds another ground for the committee on legal services and its staff, the office of legislative legal services, to use when it reviews rules adopted by executive branch agencies: A rule shall not extend in scope or impact beyond the clear legislative intent of the general assembly as supported by the public record of committee hearings and floor debates, including any public statements made by the principal sponsors or proponents of the bill or an amendment to the bill before its adoption. The bill applies to the rules of executive branch agencies adopted on or after the effective date of this act.
Status: 2/1/2012 02/01/2012 Senate Committee on Judiciary Postpone Indefinitely

SB12-083 Dynamic Modeling For Fiscal Impact Of Bills 
JCBL Category: Business Practices
Hicks Comments: Allows for modeling for fiscal notes that show dramtic benefits over long term
Position: Support
Short Title: Dynamic Modeling For Fiscal Impact Of Bills
Sponsors: SCHEFFEL / DELGROSSO
Summary: The bill changes the process by which legislative council staff obtains a dynamic model to be used initially to analyze the direct and indirect or secondary economic effects related to a limited number of bills making a tax policy change. Specifically, the bill requires the director of research to solicit and accept proposals to develop or procure a dynamic model and to present the proposals to the executive committee of the legislative council (executive committee). The executive committee then selects the dynamic model. As soon as there is sufficient moneys in the dynamic modeling cash fund, which includes gifts, grants, and donations, the director must purchase the dynamic model to be used by legislative council staff. The requirement that the director hire an independent contractor if there is $120,000 in gifts, grants, and donations is eliminated, and the prohibition on using general fund moneys is limited to prohibiting such moneys from being used to purchase the model. The bill also exempts the dynamic modeling cash fund from general reporting and repeal requirements related to gifts, grants, and donations.
Status: 5/10/2012 05/10/2012 House Committee on Legislative Council Postpone Indefinitely

SB12-086 Study Cost Of Regulatory Compliance 
JCBL Category: Business Practices
Hicks Comments: Conveys cost of regulatory burden
Position: Support
Short Title: Study Cost Of Regulatory Compliance
Sponsors: CADMAN
Summary: This bill creates a legislatively appointed task force to study the cost of regulatory compliance for businesses in Colorado subject to Colorado's regulatory system. The task force consists of 9 members: 2 of the members are appointed by the president of the senate; 2 by the minority leader of the senate; 2 by the speaker of the house of representatives; and 2 by the minority leader of the house of representatives, respectively. The president of the senate and the speaker of the house of representatives jointly appoint one member of the task force. The bill establishes the qualifications required for each of the members of the task force. The duration of the study is 2 years with an interim report and a final report to the general assembly of the results of the study at its conclusion. The bill establishes the general guidelines for the contents of the study and authorizes the task force to consult similar studies, including studies that have been carried out for the federal government. The bill requires the task force to be funded privately by gifts, grants, and donations and adequate funding for the study must be tracked by the legislative council staff as provided by law. The bill authorizes the directors of the legislative council staff and the office of legislative legal services and the state auditor to provide staff to the task force if adequate funding is received. The task force may also accept staff support from the private sector.
Status: 5/8/2012 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

SB12-087 Accrual Of Interest On Property Tax Refunds 
JCBL Category: Tax.Budget
Hicks Comments: Bill clarifies property tax refunds
Position: Support
Short Title: Accrual Of Interest On Property Tax Refunds
Sponsors: FOSTER
Summary: The bill applies to interest imposed on property taxes illegally or erroneously levied and collected. Under current law, interest on such refunded moneys accrues only from the date payment of taxes and delinquent interest on such payment was received by the county treasurer from the taxpayer except as provided in specified circumstances. Under the bill, interest on the refunded moneys accrues from the later of the date a complete abatement petition is filed with the board of county commissioners or the date the taxes are paid.
Status: 4/16/2012 04/16/2012 House Second Reading Laid Over to 5/10/2012

SB12-088 Preempt Local Regulation Of Oil & Gas Operations 
JCBL Category:
Hicks Comments: Preempts local control of the oil/gas industry
Position: Monitor
Short Title: Preempt Local Regulation Of Oil & Gas Operations
Sponsors: HARVEY
Summary: The bill specifies that the regulation of oil and gas operations is a matter of statewide concern, the Colorado oil and gas conservation commission has exclusive jurisdiction to regulate oil and gas operations, and local regulation of oil and gas operations is preempted by state law.
Status: 2/16/2012 02/16/2012 Senate Committee on Local Government Postpone Indefinitely

SB12-124 Eliminate Regional Tourism Project Limit 
JCBL Category: Economic development
Hicks Comments: This bill allows for greater number of tourism projects in Colorado
Position: Support
Short Title: Eliminate Regional Tourism Project Limit
Sponsors: HARVEY
Summary: S.B. 12-124 Regional tourism projects - approval limit. Current law limits the number of regional tourism projects that the Colorado economic development commission may approve to 2 initial projects plus 2 additional projects in each of the calendar years following the year in which the commission approves 2 initial projects. The act eliminates the 2 project per year limit while retaining the total limit of 6 projects and specifies that a properly submitted pending application must be approved or disapproved without any delay, restart, or material alteration of the review process due to subsequent changes in application submission requirements or application review procedures before the commission may consider new applications that are subject to the new application submission requirements or new application review procedures. VETOED by Governor May 4, 2012
Status: 5/4/2012 05/04/2012 Governor Action - Vetoed

SB12-144 Ofc Econ Dev Strategy Grow & Retain Key Industries 
JCBL Category: Economic development
Hicks Comments: Bill calls for effort by Office of Economic Development to target key industries in Colorado for development
Position: Support
Short Title: Ofc Econ Dev Strategy Grow & Retain Key Industries
Sponsors: HEATH / SUMMERS
Summary: The bill directs the Colorado office of economic development (office) to develop a strategy to grow key industries located in the state. In creating the strategy, the office will facilitate the creation of, and collaborate with, a key industry network working group (working group), comprised of various stakeholders, for each of Colorado's key industries. A working group is tasked with developing and implementing a 3-year business plan to grow its key industry, which business plan will be incorporated into the office's key industries strategy. The office must annually report its progress to the general assembly.
Status: 5/4/2012 05/04/2012 House Committee on Appropriations Postpone Indefinitely

SB12-165 Water Conservation Bd Construction Fund Projects 
JCBL Category: Economic Development
Hicks Comments: Bill creates a list of water conservation projects and the funding for these projects- public infrastructure.
Position: Conditionally Support
Short Title: Water Conservation Bd Construction Fund Projects
Sponsors: SCHWARTZ / BAUMGARDNER
Summary: The bill appropriates the following amounts from the Colorado water conservation board construction fund for the following projects:
* $300,000 for continuation of the satellite monitoring system maintenance;
* $175,000 for continuation of the weather modification program;
* $500,000 for continuation of the Colorado floodplain map modernization program;
* $500,000 for continuation of the watershed restoration program;
* $300,000 to restore the flood response fund balance;
* $1,000,000 for continuation of the phreatophyte control cost-sharing program;
* $2,000,000 for continuation of the Colorado river water availability study;
* $500,000 to begin implementation of the South Platte groundwater data collection and analysis project;
* $1,000,000 for continuation of the alternative agriculture water transfer sustainability grant program;
* $5,000,000 for the planning and implementation of the Rio Grande cooperative project;
* $5,000,000 for implementation of the Chatfield reservoir reallocation project;
* $12,000,000 for the third and final installment of the purchase of Colorado's allotment of Animas-La Plata project water pursuant to House Bill 10-1250, enacted in 2010; and
* $300,000 to provide legal support and funding for litigation involving protests of individual water rights that the state engineer has placed on the abandonment list. Section 6 of the bill repurposes the flood response program to include drought preparedness and response and renames the flood response fund to the flood and drought response fund. Section 14 of the bill transfers from the perpetual base account of the severance tax trust fund to the Colorado water conservation board construction fund the following:
* $30,000,000 for the Rio Grand cooperative project, including improvements associated with the Beaver Park reservoir and the Rio Grande reservoir; and
* $13,000,000 for the implementation of the Chatfield reservoir reallocation project. Section 14 of the bill also changes the water supply reserve account to the water supply reserve fund. Section 16 of the bill authorizes the state engineer to receive and expend contributions from the Colorado water conservation board for use in discharging the state engineer's duties.
Status: 5/8/2012 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

SB12-166 Synchronize Econ Dev Reports & Req Annual Report 
JCBL Category: Economic Development
Hicks Comments: Bill changes the timeframe for econ Develop reports and makes them synch with annual report
Position: Conditionally Support
Short Title: Synchronize Econ Dev Reports & Req Annual Report
Sponsors: GIRON / PRIOLA
Summary: S.B. 12-166 Office of economic development - reports - annual report required - coordination of reporting dates. The Colorado office of economic development (office) is required to submit a report annually to the general assembly describing the office's programs. The annual report must be made on or before November 1, and the duty to make the annual report continues indefinitely. For reports currently required from the office, the Colorado international trade office, or the economic development commission, the act makes November 1 the date by which the reports must be submitted. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 6/4/2012 06/04/2012 Governor Action - Signed

SB12-174 Alternate Valuation Protest & Appeal Procedure 
JCBL Category: Tax/Budget
Hicks Comments: Bill requests a seperate property tax procedure for Denver.
Position: Deliberating
Short Title: Alternate Valuation Protest & Appeal Procedure
Sponsors: JOHNSTON / PABON
Summary: Currently, the county board of equalization receives and hears petitions for appeal regarding the valuation for assessment of taxable property. The county board of equalization process has multiple filing deadlines and addresses valuation appeals in a single year. The board of county commissioners also receives and hears petitions for appeal and has jurisdiction over petitions for abatement or refund of taxes, including assessment of taxable property overvaluation. The board of county commissioners process has one filing deadline and can address valuation appeals, abatements, and refunds over multiple years. The bill creates a pilot program that authorizes the governing body of the city and county of Denver, at the request of the assessor, to elect to use an alternate protest and appeal procedure that combines the multiple steps in the annual valuation dispute process through the county board of equalization into the single hearing and appeal process conducted by the board of county commissioners. The filing deadlines for tax petitions and for resolving valuation disputes are specified for the city and county of Denver to use the alternate protest and appeal procedure. The bill also authorizes the city and county of Denver board of equalization and the board of county commissioners to request that the taxpayer that filed a petition, or the taxpayer's representative, to be present at the hearing and requires each board to dismiss the petition with no right to appeal if the taxpayer or the taxpayer's designee fails to be present at the hearing absent good cause.
Status: 5/8/2012 05/08/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

SB12-177 Unemployment Ins Rates Revenue Bonds 
JCBL Category:
Hicks Comments:
Position:
Short Title: Unemployment Ins Rates Revenue Bonds
Sponsors: JAHN / LISTON
Summary: Under current law, the Colorado housing and finance authority may issue unemployment revenue bonds for the unemployment compensation fund. The bill makes the following changes to current law:
* Makes the unemployment insurance laws consistent with those of the Colorado housing and finance authority with respect to the issuance of unemployment revenue bonds by either the unemployment compensation section or the Colorado housing and finance authority.
* Authorizes the deposit of all or any portion of bond assessments paid by employers for principal of the bonds into the unemployment compensation fund prior to being transferred to the Colorado housing and finance authority. This allows these payments to count toward improving the experience rating of employers.
* Authorizes the assessment of interest and other bond costs through the employment support fund and requires the transfer of these assessments to the Colorado housing and finance authority for the payment of interest and other costs associated with the bonds. In order to facilitate the issuance of unemployment revenue bonds, the bill accelerates the date for the creation of the division of unemployment insurance by adding an effective date of June 1, 2012, to House Bill 12-1120 and placing a safety clause on that bill.
Status: 5/8/2012 05/08/2012 House Second Reading Laid Over Daily

SB12-180 Colorado Forest Energy Jobs Act 
JCBL Category: Energy/economic development
Hicks Comments: Bill has several moving parts to include conservation easement changes, renewable energy changes for bio-mass, enterprise tax credits for certain investments.
Position: Deliberating
Short Title: Colorado Forest Energy Jobs Act
Sponsors: SCHWARTZ / CORAM
Summary: The bill develops a variety of legislative responses to address the risks caused by diseased and falling trees, pest epidemics, and fire to Colorado's forests and water systems, including:
* In section 2, encouraging the Colorado state forest service to further collaborate with the United States forest service to address the risk of wildfire in our forest ecosystems;
* In section 4, encouraging the Colorado economic development commission, in collaboration with the Colorado department of agriculture, to promote forest products derived from Colorado forests;
* In section 5, encouraging the air quality control commission to identify residential, commercial, and industrial equipment, specifically with respect to equipment fueled by woody biomass, that meets air emissions standards;
* In section 6, encouraging the Colorado agricultural value-added development board to prioritize silviculture energy grant requests in applying the "advancing Colorado's renewable energy" (ACRE) program and extending funding for the program until fiscal year 2016-17 in section 8;
* In section 7, expanding the definition of "conservation easement in gross" to include sustainable ecosystem management and reforestation;
* In section 9, creating renewable energy enterprise areas to promote tax credits and incentives for investments made to businesses and facilities in the woody biomass industry and presenting geographic designations of the areas to an enterprise zone review task force for review, and in section 3 authorizing the executive director of the department of revenue to promote the tax credits;
* In section 10, amending Colorado's renewable energy standard to encourage the public utilities commission to give priority to biomass derived from insect-killed or insect-diseased timber and other forest products in providing credit multipliers; and
* In section 11, creating a work group to evaluate renewable thermal and cogeneration technologies in Colorado, identify potential investment incentives for the technologies, and explore the development of a renewable energy credit market for these technologies.
Status: 5/1/2012 05/01/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely

SB12-181 Building & Construction Contracts 
JCBL Category: Business practices
Hicks Comments: Bill creates new definition for construction contracts and creates new pay periods for subcontractors.
Position: Deliberating
Short Title: Building & Construction Contracts
Sponsors: TOCHTROP / KERR J.
Summary: The bill defines "building and construction contract" as any contract subject to statutory provisions regarding mechanics' liens. Any provision in a building and construction contract that is performed in Colorado making the contract subject to the laws of another state or requiring dispute resolution in another state is void. Any provision requiring a contractor, subcontractor, or material supplier to waive a right to a mechanics' lien is void. Contractors and subcontractors must pay subcontractors and material suppliers within 7 days after completion of the work under a building and construction contract. The owner of the property for which the work is performed must make monthly progress payments to the contractor unless the building and construction contract provides otherwise.
Status: 5/2/2012 05/02/2012 Senate Committee on Business, Labor and Technology Postpone Indefinitely

SB12-182 Authorize Benefit Corporations 
JCBL Category: Economic development
Hicks Comments: Bi-partisan bill that looks to aid the creation of benefit corp.
Position: Deliberating
Short Title: Authorize Benefit Corporations
Sponsors: BACON / MASSEY
Summary: Section 1 of the bill enacts the "Invest in Colorado Act", and authorizes the creation of benefit corporations. A benefit corporation must have, as one of its purposes specified in its articles of incorporation, the goal of creating general public benefit. The bill establishes the requirements for a corporation to be created as, or to elect to become, a benefit corporation, including:
* The election and termination of benefit status;
* The promotion of general public benefit as a purpose of the corporation;
* Standards of accountability for the conduct of directors and officers of a benefit corporation;
* Designation of a benefit director;
* Rights of action in benefit proceedings; and
* The preparation and availability of annual benefit reports. Section 2 specifies dissenters' rights for shareholders of a benefit corporation. Section 3 clarifies that an offer or sale of a security of a benefit corporation is not a solicitation for purposes of the "Colorado Charitable Solicitations Act" if the offer or sale complies with the "Colorado Securities Act".
Status: 5/8/2012 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

SCR12-003 Lottery Revenues For State Education Fund 
JCBL Category: Education
Hicks Comments: Bill would ask for voter approval to transfer funds from Colorado lottery funds to Education.
Position: Deliberating
Short Title: Lottery Revenues For State Education Fund
Sponsors: LUNDBERG
Summary: *** No bill summary available ***
Status: 4/30/2012 04/30/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely