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Legislative Report 

 
May 2, 2016
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Colorado Counties Legislative Team
 

Gini Pingenot - Health & Human Services, Tax & Finance, Public Lands 

Eric Bergman - General Government, Transportation & Telecommunications
 
Brandy DeLange - Agriculture, Wildlife & Rural Affairs, Tourism, Resorts & Economic Development,

Land Use & Natural Resources 

Tony Lombard and Bill Clayton - Justice & Public Safety, Land Use & Natural Resources, Transportation & Telecommunications

Pat Ratliff - Health & Human Services, General Government 
 

Don't see one of our legislative priorities or another bill? Give us a call: 303.861.4076

General Government

SCR 005

HB 1078

HB 1320

HB 1367
 
Health and Human Services

SB 069

HB 1377

HB 1383

HB 1401
 
Tax and Finance

HB 1433

SB 067
 
Transportation and Telecommunications

SB 183

SB 194
 
Land Use and Natural Resources

HB 1334

HB 1340

HB 1430



For more information on a specific bill, please visit our Master Bill Table or visit our website, where by clicking on the desired bill number, you can view the entire bill. 
SCR16-005, Allow Counties to Appoint County Surveyors

SCR 005 would submit a question to the voters at the next general election on whether to abolish the constitutional requirement that there be an elected county surveyor and instead allow each county to decide locally whether there should be a county surveyor, whether that position should be elected or appointed, and what the compensation should be for the position.  The concurrent resolution was passed by the Senate Local Government Committee last week and is awaiting a hearing on the Senate floor.
 
Position: Support
Sponsors: Martinez Humenik/Priola, Court
Lobbyists: Eric Bergman and Pat Ratliff

 
HB16-1078, Whistleblower Protection for Public Employees

HB 1078 would have attempted to provide local public employees with protection against reprisal by the employer if the employee in question divulges to other parties statements regarding waste of public funds, fraud, abuse of authority, or a violation of state or federal law.  As introduced, however, the language in the bill is overly broad and lacks definitions to clarify its intent and prevent abuse by public employees.   The bill created a new legal remedy for employees who are not “whistleblowers” in the traditional sense, but are instead simply aggrieved individuals upset because of what they perceive are unjust disciplinary actions or substandard performance evaluations.  CCI was concerned the bill could open the door to frivolous lawsuits.  The bill was postponed indefinitely by the Senate State Affairs Committee last week. 
 
Position: Oppose
Sponsors: Kagan/Hodge
Lobbyists: Eric Bergman and Pat Ratliff

 
HB16-1320, Regulation of Massage Therapy

HB 1320 is a Department of Regulatory Agencies (DORA) bill to increase oversight of the massage therapy industry in response to increased problems with prostitution and human trafficking.  The bill was amended in the House to explicitly grant local governments the authority to locally regulate massage parlors.  That amendment was removed by the Senate during floor action late last week.  CCI will seek to restore that local authority language when the bill comes back to the House for consideration of Senate amendments.
 
Position: Monitor
Sponsors: Foote, Carver/Cooke
Lobbyists: Eric Bergman and Pat Ratliff

 
HB16-1367, County Salary Adjustments
 
HB 1367 is legislation being initiated by CCI to readjust certain county salary raises enacted in last year’s SB15-288.  That bill established an across-the-board raise for all counties, but also created new subcategories within each existing salary category.  SB 288 allows a county to request a move to a lower subcategory if the county determines that the raise in SB 288 is a problem from a budgetary standpoint.  HB 1367 respects local budgetary constraints and moves a number of counties to a lower level raise prior to those raises going into effect at the next election.  The bill passed the Senate on a third reading vote and is now headed to the Governor’s desk for consideration.
 
Position: Support
Sponsors: Hamner, Rankin/Marble, Hodge
Lobbyists: Eric Bergman and Pat Ratliff


SB16-69, Community Paramedicine Regulation

The goal of SB 69 is to formally recognize the community integrated health care services (also known as community paramedicine) that are appearing in many communities as a method of providing non-emergent treatments to those in need. Among other provisions in the bill, SB 69 requires agencies interested in providing these services to be licensed by the Colorado Department of Public Health and Environment beginning July 1, 2018. CCI is a strong supporter of community paramedicine as another method of serving the medically underserved. In keeping with existing statute (CRS 25-3.5-301) that requires counties to license ambulance providers operating in their communities, CCI is seeking an amendment to SB 69 that gives counties a role in ensuring the availability and quality of services in their communities from those wishing to provide non-emergent medical care.  With this addition, CCI will proudly support SB 69.

Position: Oppose unless amended
Sponsors: Garcia, Pabon
Lobbyists: Gini Pingenot and Pat Ratliff
 

HB16-1377, Task Force Digital Images of Child Abuse Neglect

HB 1377 creates a task force in the Department of Human Services (DHS) to examine the collection and security of digital images of evidence of child abuse and neglect. The bill was amended in the Senate to expand the scope of the task force. Specifically, amendments broaden the review to look at the role all government employees – which includes municipal and school district personnel – may play in collecting and storing digital images of suspected abuse. Furthermore, the focus is expanded beyond just the storage and dissemination of images and includes a review of the investigatory practices of child welfare caseworkers and others. Sen. Lambert, the Senate sponsor of HB 1377, has been receptive to county concerns and many of the amendments requested by counties. CCI will continue to work on amending HB 1377 to address county concerns.

Position: Oppose unless amended
Sponsors: Primavera, Lambert
Lobbyists: Gini Pingenot and Pat Ratliff
 
 
HB16-1383, Child Welfare Predictive Analysis Pilot Program

As amended, HB 1383 tasks a steering committee made up of state and county representatives to design a data analytic system that would assist child welfare workers in identifying changing risk factors for children with open Child Welfare cases. Additionally, the steering committee will recommend the appropriate number of counties necessary to participate in the pilot program to test the data analytic system and assist in identifying the third party evaluator who will determine whether or not analytics actually improves child welfare outcomes and its effect, if any, on the job of child welfare workers. HB 1383 instructs the Colorado Department of Human Services to release a request for proposal for a technology vendor on or before December 15, 2016. The request for proposals must reflect the recommendations of the steering committee. CCI is grateful for Rep. Singer and Rep. Field’s leadership on HB 1383 and their receptivity to CCI’s requested amendments. CCI is pleased to support the amended version of HB 1383.

Position: Support
Sponsors: Singer & Fields, Grantham
Lobbyists: Gini Pingenot and Pat Ratliff


HB16-1401, Retail Food Establishment Licensure and Inspection

HB 1401 is the product of a task force that met over the 2015 interim to identify changes to the inspection process and fee schedules for retail food establishments. Among other provisions, HB 1401 increases annual license fees for retail food establishments and phases in the increase over the next 3 years. CCI’s membership requested amendments to 1) remove the supplanting language; 2) remove the prohibition on letter, number and symbol grades as a means of communicating restaurant inspection outcomes with the public; and 3) grant counties the option to raise the fees or hold them stable.

HB 1401 passed the Senate on April 28 without CCI’s amendments. It now heads to the Governor’s desk for his signature.

Position: Oppose unless amended
Sponsors: Becker K. & Priola, Woods & Hodge
Lobbyists: Gini Pingenot and Pat Ratliff
 
 
HB16-1433, Retain and Spend Severance Tax Revenues For Reserve Fund

Beginning in FY 2017-18, HB 1433 would have capped the total amount of severance tax receipts deposited in the severance tax trust fund and the local government severance tax fund at $180 million adjusted annually for inflation. Any money above the cap would have been transferred to the newly created severance tax reserve fund. The bill would have also sought voter approval for the state to retain and spend any severance tax revenue deposited in the reserve fund as a voter-approved revenue change to the TABOR limit. HB 1433 was postponed indefinitely in the House Finance Committee on April 27.
 
Position: Support
Sponsors: Hamner & Rankin, Steadman
Lobbyists: Gini Pingenot and Bill Clayton
 

SB16-67, Broadband Personal Property Tax Exemption

As amended, SB 67 grants counties the option to exempt broadband personal property from taxation if 1) the county has a population of less than 60,000 people; 2) the broadband provider has an agreement with a county to provide broadband services within the county; and 3) the provider acquires the personal property on or after January 1, 2017. Counties that adopt this exemption must send a resolution to each school district and municipality within the county notifying them of the county’s action. The school district and municipality then has 90 days to opt out of providing the exemption at their level of local government. Both the State Constitution and statutes provide a wide variety of business personal property tax exemption tools that local governments may adopt and offer in a uniform fashion to businesses in their communities. CCI members oppose SB 67 because of its industry specific focus. Additionally, SB 67 creates the perception of addressing rural broadband issues rather than truly providing meaningful reform and tools for rural local governments. SB 67 will be heard in the House Business Affairs and Labor Committee on Tuesday, May 3.

Position: Oppose
Sponsors: Scheffel & Heath, Williams
Lobbyists: Gini Pingenot and Bill Clayton

 
SB16-177, Modify Urban Renewal Legislation

CCI and a group of dedicated county attorneys have been working diligently with CML, SDA and the Governor's HB15-1348 task force over the last seven months to address concerns that have been raised since the passage of HB15-1348. SB 177 is the outcome of this collective work and achieves the following: 

1) Clarifies that “increment revenue” is not subject to TABOR
2) Specifies the criteria and selection process for a mediator
3) States that debt issued prior to December 31, 2015 cannot be impaired

SB 177 passed the House on April 29 on a 62-3 vote.

Position: Support
Sponsors: Martinez Humenik & Heath, Hullinghorst & Lawrence
Lobbyists: Gini Pingenot and Bill Clayton
 

SB16-183, PUC Regulatory Authority Over 911 Calls
 
SB 183 was an attempt to clarify the authority of the Public Utilities Commission (PUC) regarding its regulatory oversight of “basic emergency services” (defined in the bill as the aggregation, transport and routing of 911 calls, regardless of the technology used).  The bill came in response to a recent rulemaking by the PUC that stirred up the telecom industry and revived a long-running dispute over the extent of the commission’s oversight authority.  The bill was replaced by a “strike-below” amendment on the Senate floor and now consists of an interim committee study of the following: 1) other states’ laws, rules and practices concerning 911 oversight; 2) whether existing laws, rules and practices in the state provide sufficient protection for 911 systems in Colorado; and 3) whether the current funding sources are adequate for providing 911 service. CCI will have a member sitting on this interim committee.  The amended bill should be moving to the House this week.
 
Position: Support
Sponsors: Scheffel, Kerr/Williams, Lawrence
Lobbyists: Eric Bergman and Tony Lombard
 

SB16-194, Regional Transportation Development Projects
 
SB 194 would allow local governments to identify commercial areas within their jurisdiction that are undeveloped or underdeveloped due to a lack of adequate transportation infrastructure and make a request to CDOT and the Transportation Commission to retain a portion of any new state sales tax revenue generated by new development adjacent to area needing these transportation infrastructure improvements.  If approved by the Transportation Commission, this revenue stream can then be used to bond to pay for the necessary transportation improvements in the region.  The bill passed the Senate Transportation Committee last week on a unanimous vote and now heads to the Finance Committee for consideration.
 
Position: Support
Sponsors: Scott/Moreno, DelGrosso
Lobbyists: Eric Bergman and Tony Lombard
 

HB16-1334, Ability of the County Governments to promote Inclusionary Zoning Programs

HB 1334 would have given the county commissioners clarified authority to establish and create programs that implement inclusionary zoning within unincorporated areas of a county. Inclusionary zoning programs may require or encourage developers to reserve a certain number of housing units in a proposed development to be priced affordably for low to moderate income households. While this bill grants authority to county commissioners to create inclusionary zoning programs, it does not challenge or negatively impact preexisting programs counties may have already established similar programs.  HB 1334 was postponed indefinitely on April 27 on a 3-2 vote.

Position: Monitor
Sponsors: Winter, Hodge
Lobbyists: Brandy DeLangeTony Lombard and Bill Clayton
 

HB16-1340, County Planning Commission Approval Exemption

HB 1340 would have created an exemption for proposed project from review requirements if the project is already permitted under existing zoning laws or contemplated by the master plan, proposal, or application that has already been approved by the planning commission.  HB 1340 was postponed indefinitely in the Senate Local Government Committee on a 3-3 vote.

Position: Monitor
Sponsor: Tyler, Scott
Lobbyists: Brandy DeLangeTony Lombard and Bill Clayton
 

HB 1430, Oil and Gas Operators Share Development Plans With Local Government

During the interim, the Governor’s oil and gas task force met and made two recommendations (recommendations No. 17 and No. 20) to the Colorado Oil and Gas Conservation Commission (COGCC). Among these two recommendations is the requirement that oil and gas operators share their development plans as well as a map of proposed operations with municipalities; however, counties were not included. HB 1340 would add counties to this requirement. As amended, HB 1430 to clarify that a producer would provide well estimates to the best of their ability. Additionally, the amendment also created an opt-in provision for local governments to receive development plans and maps from operators. HB 1430 died on a party line vote in the Senate Agriculture Committee.

Position: Monitor
Sponsors: Lebsock/Hodge
Lobbyists: Brandy DeLangeTony Lombard and Bill Clayton
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