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Final 2016 Legislative Report
May 18, 2016  
Colorado Counties Legislative Team

Gini Pingenot - Health & Human Services, Taxation & 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 at 303.861.4076.

 
Agriculture, Wildlife & Rural Affairs
 

HB16-1010, Destructive Rodent Pest Release Authorization Requirements


HB 1010 would have required individuals releasing any destructive rodent to notify property owners as well as get approval from both the board of county commissioners and impacted conservation districts.

Position: Support
Sponsors: Priola/Sonnenberg
Status: Postponed Indefinitely

 
General Government

 

SB16-37, CORA Requests for Digital Records and Databases

SB 37 would have expanded the parameters of the Colorado Open Records Act (CORA) to allow requestors to gain access to digitally stored data in its native format.  CCI had concerns about data mining by out-of-state businesses, proprietary software issues, and the potential for the inadvertent release of redacted information in certain types of documents.  CCI has committed to working over the summer on this issue with the sponsor and other stakeholders.
 
Position: Oppose
Sponsors: Kefalas/Pabon
Status: Postponed Indefinitely


 
SB16-63, Authority to Form IGAs with Local Governments Outside of Colorado

SB 63 authorizes counties, municipalities and special districts to enter into intergovernmental agreements (IGAs) with local governments in states bordering Colorado for purposes of planning for and providing services during emergencies and natural disasters.  This bill was a CCI Legislative Priority for 2016.
 
Position: Support
Sponsors: Roberts/Vigil
Status: Signed by Governor


 
SB16-80, Enclosed and Locked Space Requirements for Medical Marijuana Grows

Under current law, if a person is growing recreational marijuana in a residence, the grow site must be in an enclosed and locked space to prevent access by children. SB 80 applies the same requirements to a person growing medical marijuana at home.  The bill applies this “locked and enclosed space” standard to outdoor medical marijuana grows (usually in a backyard).  Indoor medical marijuana grows need only have a lock on the front door of the house to meet the “locked and enclosed space” requirement. 
 
Position: Support
Sponsors: Newell/Pabon, Wist
Status: Awaiting Governor’s Signature


 
SB16-115, Clerks’ Fee for Electronic Recordings

SB 115 will extend the $1 surcharge that clerks currently collect (that was scheduled to sunset this year) and authorizes the collection of an additional $2 surcharge that will go into a new fund to provide grants to counties to upgrade their electronic filing systems.
 
Position: Oppose
Sponsors: Martinez-Humenik/Moreno, Conti
Status: Awaiting Governor’s Signature


 
SB16-168, Expansion of Local Airport Authority

SB 168 permits local governments to allow jurisdictions across state lines to be part of an airport authority in Colorado.  This bill was a CCI Legislative Priority for 2016.    
 
Position: Support
Sponsors: Roberts/Brown
Status: Signed by Governor


 
SCR16-005, Allow Counties to Appoint County Surveyors

SCR 005 would have submitted a question to the voters at the next general election on whether to abolish the constitutional requirement that there be an elected county surveyor. The ballot measure would have allowed 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. 
 
Position: Support
Sponsors: Martinez Humenik/Priola, Court
Status: Deemed Lost


 
HB16-1064, County Licensing of Medical Marijuana Testing Facilities

HB 1064 creates a new local government medical marijuana testing facility license.   Testing of medical marijuana for both potency and banned substances (such as pesticides) was instituted by the General Assembly last session and is set to begin this summer.  Counties already have the statutory authority to license retail marijuana testing facilities.
 
Position: Support
Sponsors: Brown/Roberts
Status: Signed by Governor


 
HB16-1071, County Initiative Powers

HB 1071 would have granted county residents full initiative powers.  Currently, only limited initiative power exists at the county level in Colorado.  The bill also would have granted initiative power to geographical subsets of county voters, such as the registered electors of a special district. 
 
Position: Oppose
Sponsor: Windholz
Status: Postponed Indefinitely


 
HB16-1078, Whistleblower Protection for Public Employees

HB 1078 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.  The bill would have 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.   
 
Position: Oppose
Sponsors: Kagan/Hodge
Status: Postponed Indefinitely
 


HB16-1120, Rabies Vaccinations for Dogs and Cats

HB 1120 would have imposed a statewide requirement that all dogs and cats over four months old be vaccinated against rabies.  Feral barn cats were not subject to the vaccination requirement. 
 
Position: Monitor
Sponsors: Ginal/Tate
Status: Deemed Lost


 
HB16-1150, County Authority to Prohibit Underage Tobacco Possession

HB 1150 would have clarified that counties could adopt ordinances that prohibit the use and possession of tobacco and tobacco-delivery devices (such as vaporizers and e-cigarettes) by minors.  The bill would have put county governments on equal footing with municipal officials by authorizing them to adopt more stringent regulations to aid in enforcement.  HB 1150 was a CCI Legislative Priority for 2016.
 
Position:  Support
Sponsor: Conti
Status: Deemed Lost


 
HB16-1211, Marijuana Transporter License

HB 1211 creates a new state and local medical and retail marijuana transporter license to better regulate the transport of retail and medical marijuana between licensed grow operations and licensed retail establishments.  The bill states that marijuana transporters are not authorized to sell marijuana and clarifies that transporters may only operate a licensed off-premises storage facility in jurisdictions that specifically allow and license medical or retail marijuana premises.    
 
Position: Monitor
Sponsors: Melton/Baumgardner, Jahn
Status: Awaiting Governor’s Signature


 
HB16-1214, Illegal Marijuana Grow Operations

HB 1214 would have increased the fines for growing marijuana illegally, provided additional legal protections for local law enforcement on seizures of marijuana plants and moved up the implementation date for mandatory plant caps on medical marijuana caregivers by one year.  
 
Position: Support
Sponsor: Conti
Status: Postponed Indefinitely


 
HB16-1300, Mail Ballot Return Options

HB 1300 would have removed the requirement that electors place postage on their mail ballots, effectively transferring that cost to the county.  The bill also would have required the Secretary of State to direct Help America Vote Act (HAVA) dollars to the counties to purchase 24-hour drop-boxes for ballots.
 
Position: Oppose
Sponsor: Ryden
Status: Postponed Indefinitely
 


HB16-1320, Regulation of Massage Therapy

HB 1320 is a Department of Regulatory Agencies (DORA) bill to increase state and local oversight of the massage therapy industry in response to increased problems with prostitution and human trafficking.  The bill explicitly authorizes local governments to inspect massage therapy businesses and verify licensure.
 
Position: Monitor
Sponsors: Foote, Carver/Cooke
Status: Awaiting Governor’s Signature
 


HB16-1367, County Salary Adjustments

HB 1367 readjusts certain county elected official salary raises (enacted in last year’s SB15-288) by moving these counties to a lower subcategory in statute.  The salaries will go into effect in either 2017 or 2019, depending on when the county elected official takes office.  
 
Position: Support
Sponsors: Hamner, Rankin/Marble, Hodge
Status: Awaiting Governor’s Signature


 
HB16-1399, PTSD and Workers’ Compensation Claims

HB 1399 would have clarified that a workers’ compensation claim for mental impairment could not be denied based on the occupation of the worker.  It also would have required each claimant to be evaluated by a licensed, fully accredited physician, psychiatrist or psychologist.
 
Position: Monitor
Sponsors: Singer/Newell
Status: Postponed Indefinitely


 
HB16-1402, Prohibition on Previous Sporting Event Gaming Devices

HB 1402 establishes prohibitions on racing replay and wagering devices around the state.  These devices have been utilized at racetracks in other states and could circumvent established limited gaming operations in Colorado. 
 
Position: Support
Sponsors: Lawrence, K. Becker/Holbert, Garcia
Status: Awaiting Governor’s Signature


 
HB16-1454, Colorado Presidential Primary

HB 1454 would have established a presidential primary in the state in 2020.  The bill required the state to appropriate moneys from the general fund to fully reimburse counties for conducting the election.
 
Position: Support
Sponsors: Dore, Moreno/Guzman
Status: Postponed Indefinitely


 
Health & Human Services



SB16-69, Community Paramedicine Regulation

SB 69 requires the Colorado Department of Public Health and Environment (CDPHE) to establish rules governing the scope of practice for community paramedicine on or before January 1, 2018. As a part of CDPHE’s state rulemaking process, local coordination and cooperation will be an important consideration in the issuance of a community paramedicine state license. SB 69 also allows fire protection districts, fire departments, licensed ambulance service providers and others to provide community outreach and health education to residents. With some exceptions, entities that choose to offer these services are required to notify CDPHE on or after July 1, 2018 of their program. 
 
Position: Support
Sponsors: Garcia/Pabon
Status: Awaiting Governor’s Signature


 
SB 16-94, District Public Health Agencies

SB 94 gives counties in a public health district with fewer than 4,000 people additional flexibility in appointing a treasurer and contributing funds to the district.

Position: Support
Sponsors: Crowder/Vigil
Status: Signed by Governor


 
SB16-118, Screening to Identify Prenatal Substance Exposure

SB 118 would have required the Colorado Department of Public Health and Environment (CDPHE) to identify a screening questionnaire for determining if a child had prenatal substance exposure to alcohol, over-the-counter and prescription medication, or controlled substances.

Position: Oppose
Sponsors: Newell/Singer
Status: Postponed Indefinitely


 
SB16-190, Improve County Administration Public Assistance Programs

SB 190 establishes performance standards to improve the administration of the Supplemental Nutrition Assistance Program (SNAP). The bill also provides for the distribution of federal monetary bonuses or sanctions to be passed down to counties for performance issues that are directly related to the county’s performance and are within the county’s control. Finally, the bill requires the Colorado Department of Human Services to contract with an external vendor to collect and analyze data related to county department costs and performance of public assistance programs. CCI took an oppose position on the bill primarily because the sanction provision punishes counties in a way that further reduces the funding available for providing food assistance. 
 
Position: Oppose
Sponsors: Steadman/Rankin 
Status: Awaiting Governor’s Signature


 
HB16-1224, Treat Trafficking of Children As Child Abuse

Under HB 1224, children who are subjected to human trafficking for sexual servitude will be considered abused and neglected and will be offered services through a county’s child welfare program. The bill also requires the state to implement a uniform screening tool to help identify children who are victims or are at risk of becoming victims of sex trafficking.

Position: Support as Amended
Sponsor: Lundeen/Woods
Status: Signed by Governor


 
HB16-1227, Exemptions Child Support Requirements Child Care Assistance

HB 1227 exempts an applicant who is a teen parent or is a victim of domestic violence from child support cooperation requirements as a condition of receiving child care assistance. Under HB 1227, teen parents cannot be required to use child support enforcement services as a condition for receiving child care until the teen has graduated from high school or successfully completed a high school equivalency examination. Teens that have not graduated from high school or completed a high school equivalency examination may be required to attend information sessions with county child support staff to understand the benefits of child support to the child and family. Nothing in the bill prevents a teen parent from establishing child support. The bill also contains a data tracking component to determine the impacts of this policy change.

Position: Support as Amended
Sponsors: Kagan, DelGrosso/Hill, Crowder
Status: Awaiting Governor’s Signature
 


HB16-1316, Change of Venue Children in Out-of-Home Placements

HB 1316 specifies criteria courts must consider when determining the appropriate venue for juvenile dependency and neglect cases. Under Colorado law, “venue” for juvenile dependency and neglect cases is determined by where the child currently resides. The law also allows venue to be transferred to another county in some circumstances. Those circumstances include instances where a juvenile is in custody in a county different than their parents. HB 1316 specifies the circumstances and conditions in which a change of venue may occur.

Position: Support
Sponsors: Rosenthal/Cooke
Status: Signed by Governor



HB16-1336, Study Single Geographic Area Individual Health Plans

HB 1336 requires the Commissioner of Insurance in the Department of Regulatory Agencies (DORA) to conduct a study to determine the impacts and viability of establishing a single geographic area for use in determining the premium rates for individual health insurance plans issued in Colorado. In conducting the study, factors that affect premium rates such as prescription drugs, provider rates, diagnostics tests, surgical procedures and other hospital procedures and services will be considered.

Position: Support
Sponsors: Hamner, Rankin/Donovan 
Status: Signed by Governor


 
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 child abuse and neglect. The task force will also evaluate specific best practices such as how images are shared between child welfare experts and law enforcement agencies. The task force will consist of no more than 21 members and include experts in the field of law enforcement and child welfare-related agencies. The task force will submit an initial report by December 1, 2017 and a final report by December 1, 2018.

Position: Monitor
Sponsors: Primavera/Lambert
Status: Awaiting Governor’s Signature


 
HB16-1383, Child Welfare Predictive Analysis Pilot Program

HB 1383 would have tasked a steering committee made up of state and county representatives to design a data analytic system to assist child welfare workers in identifying changing risk factors for children with open child welfare cases.

Position: Support
Sponsors: Singer, Fields/Grantham
Status: Postponed Indefinitely


 
HB16-1401, Retail Food Establishment Licensure and Inspection

Among other provisions, HB 1401 increases annual license fees for retail food establishments and phases in the increase over the next three years. The bill also requires the Colorado Department of Public Health and Environment (CDPHE) to create a uniform system to communicate health inspection results to the public and sets limitations on the development of the uniform system. CCI members expressed many concerns with HB 1401, which are outlined in CCI’s veto request sent to the Governor.

Position: Oppose Unless Amended
Sponsors: K. Becker, Priola/Woods, Hodge
Status: Awaiting Governor’s Signature


 
Justice & Public Safety



SB16-060, State Fiscal Responsibility for Providing Courts

This bill would have gradually transferred courtroom and court facility maintenance costs from the counties to the state. After the state assumed full responsibility of court facilities, the state could have been negotiated with the county to acquire the property from the county in lieu of paying rent. This was a CCI Legislative Priority for 2016.  

Position: Support
Sponsors: Garcia/Esgar
Status: Postponed Indefinitely


 
SB16-091, Delay Start of Statewide Discovery System

Recommended by the Joint Budget Committee (JBC), SB 91 delays the start of the statewide discovery sharing system (eDiscovery). It moves the deadline by which the system must be operational from November 1, 2016, to July 1, 2017. The bill repeals statutory provisions concerning actions that have already occurred.

Position: Support
Sponsors: Lambert/Hamner
Status: Signed by the Governor


 
SB16-169, Emergency 72-hour Mental Health Procedures

SB 169 changes emergency procedures for people dealing with mental health crises by expanding options for intervening professionals who take a person into custody as a result of a mental health crisis. It designates the types of facilities, the length of emergency treatment, and mandates that an assessment be conducted as soon as possible. It also allows a sheriff to petition the court for a one-time order granting a 24-hour extension to keep a person in a jail if emergency services or designated facilities are unavailable. The bill specifies that a sworn, rather than certified, peace officer or other appropriate staff professional must examine the person at least every 12 hours.

Position: Support
Sponsors: Martinez-Humenik/Kraft-Tharp
Status: Awaiting the Governor’s Signature


 
HB16-1046, Designated Emergency Response Authorities

Local governments currently designate, by ordinance or resolution, an emergency response authority for hazardous substance incidents. HB 1046 requires local governments to report those designations to the Colorado State Patrol (CSP) annually and narrows the appropriate response to include threats of adverse effects of a hazardous substance on human health or the environment. The bill allows designated emergency response authorities to provide response capability through an agreement with a private entity.

Position: Monitor
Sponsors: Kraft-Tharp/Baumgardner
Status: Signed by Governor

 
Land Use & Natural Resources



HB16-1092, Authorize Retail Marijuana Special Event Permit

HB 1092 would have created a special event permit for retail marijuana in jurisdictions that allow the sale of retail marijuana.

Position: Oppose
Sponsor: Moreno
Status: Postponed Indefinitely 



HB16-1181, Local Government Fracking Ban Liable Royalties

HB 1181 would have required local governments that have banned hydraulic fracking to compensate the value of foregone royalties not received to the mineral interests’ owners because of the fracking ban.

Position: No Position
Sponsor: Buck
Status: Postponed Indefinitely



HB16-1272, Disconnection of Land from a Municipality

HB 1272 requires property owners looking to disconnect a parcel of land from a municipality to provide notification to the county and special districts impacted. County commissioners may request a meeting with the property owner and the municipality to address concerns of the board of county commissioners related to the proposed disconnection. Impacted special districts may also participate in this requested meeting.  This was a CCI Legislative Priority for 2016.  

Position: Support
Sponsors: Kraft-Tharp/Tate
Status: Signed by Governor


 
HB16-1313, Authority of Local Government Master Plans to Include Policies Implemented in the State Water Plan

HB 1313 would have given local governments the optional authority to include water conservation goals as a consideration of approval for the development of subdivisions, planned unit developments, special use permits, and zoning changes in the master plan.

Position: Support
Sponsors: Arndt, Coram/Donovan
Status: Postponed Indefinitely


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

Aligning counties with similar affordable housing tools as those used by municipalities, HB 1334 would have clarified county authority to establish and create programs that implement inclusionary zoning within unincorporated areas of a county.

Position: Monitor
Sponsors: Winter/Hodge
Status: Postponed Indefinitely


 
HB16-1340, County Planning Commission Approval Exemption

Seeking to streamline the planning and zoning process, HB 1340 would have exempted proposed projects from review requirements if the project is already permitted under existing zoning laws or contemplated by the master plan, or development proposal, or application that has already been approved by the planning commission. 

Position: Monitor
Sponsors: Tyler/Scott
Status: Postponed Indefinitely


 
HB 1430, Oil and Gas Developers Share Development Plans with Local Governments

HB 1430 would have added counties to the requirement the list of local governments with which oil and gas developers share development plans, maps and best-guess well estimates.

Position: Monitor
Sponsors: Lebsock/Hodge
Status: Postponed Indefinitely


 
Public Lands


 
SB16-021, Recognition of Public Lands Day

SB 21 designates the third Saturday in May as Public Lands Day. It allows for the apropriate observance by citizens and public schools in the state.  It also requires the Governor to issue a proclamation calling for the celebration of public lands.

Position: Support
Sponsors: Donovan/Mitsch Bush
Status: Awaiting Governor’s Signature


 
SJM16-001, Good Samaritan Remediation Abandoned Mines

SJM 1 recognizes the work of non-profits, corporate entities and communities with expertise in mine reclamation that have expressed an interest in helping to remediate abandoned hard rock mines.  These groups are often discouraged from remediating abandoned hard rock mines because of the threat of liability under the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This joint memorial calls on Congress to pass legislation that establishes a Good Samaritan exemption from liability under the CWA and CERCLA. The memorial goes on to say that this is “an important step toward preventing another disaster like the Gold King Mine Spill and remediating all other draining abandoned hard rock mines in Colorado.” 

Position: Support
Sponsor: Roberts/Coram, Mitsch Bush
Status: Signed by President of the Senate and Speaker of the House


 
SJM16-002, Federal Funding For Catastrophic Wildfire Response

Under current federal law, money that was originally budgeted to mitigate fire risk, protect and restore watersheds, increase forest health, promote recreational opportunities, and conduct necessary forest planning is diverted to fight fires once the amount budgeted for fire fighting has been depleted. SJM 2 calls on congress to pay for catastrophic wildfire response in a manner analogous to that used for natural disasters. It further states that paying for wildfires should not come at the expense of programs that reduce the risk of wildfires.

Position: Support 
Sponsors: Jones, Roberts/Coram, Vigil
Status: Signed by President of the Senate and Speaker of the House


 
HB16-1255, Manage Forests to Improve Water Supply Conditions

Utilizing Colorado's Good Neighbor Authority, HB 1255 instructs the Colorado State Forest Service (CSFS) to use $200,000 of an existing CSFS fund to provide treatments to forest service land. The bill also institutes a 24-member forest health advisory committee.

Position: Support
Sponsors: Coram/Baumgardner
Status: Signed by Governor


 
Taxation & Finance



SB16-50, Retailer Hold Harmless for Assigned Location Code

SB 50 releases retailers from liability for uncollected local sales tax because of a misassigned Department of Revenue location code. In order for the retailer to be held harmless, the retailer must obtain a sales tax license in good faith and provide an address that correctly indicates the business’ location.  While CCI supports the policy goal of holding retailers harmless when all of the above conditions are met, counties were opposed to shouldering the fiscal burden for the state’s error. Amendments to address this concern, however, were unsuccessful.
 
Position: Oppose
Sponsor: T. Neville, Jahn/Saine, Ryken
Status: Signed by Governor



SB16-67, Broadband Personal Property Tax Exemption

SB 67 would have granted counties the option to exempt broadband personal property from taxation if 1) the county has a population of less than 60,000; 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. The state constitution and statutes already provide a wide variety of business personal property exemption and reduction tools that local governments may adopt and offer, in a uniform fashion, to industries operating in their communities.

Position: Oppose
Sponsors: Scheffel, Heath/Williams
Status: Postponed Indefinitely


 
SB16-97, Use of Mineral Severance Revenue for Local Government

SB 97 would have prohibited the state from using severance and federal mineral lease dollars to address state budget shortfalls. The bill would have reaffirmed the state’s intent to use severance and federal mineral lease dollars to assist counties, cities and special districts that are impacted by extraction industry.

Position: Support as Amended
Sponsors: Scott/Coram
Status: Postponed Indefinitely


 
SB16-100, County Road and Bridge Tax Reduction Requirement

SB 100 would have required counties to provide notice to cities by October 15 of any potential reduction to the county road and bridge mill levy. Existing statute (CRS 29-1-106) already requires counties, and all other levels of local government, to notify the public of their proposed budget on October 15. The bill would have also required the Transportation Legislative Review Committee (TLRC) to discuss the process by which counties set the county road and bridge mill levy in the 2016 interim. 
 
Position: Oppose
Sponsors: Jahn/Pabon  
Status: Postponed Indefinitely



SB16-172, Electronic Notices in County Property Tax Disputes

Under current law, a county board of equalization must mail notices of hearings and decisions to the petitioners who dispute property tax valuations made by the county assessor.  SB 172 allows a board of county commissioners to offer taxpayers the option to receive notices by fax or email.

Position: Support as Amended
Sponsors: Woods/Tyler, Buck
Status: Awaiting Governor’s Signature


 
SB16-177, Modify 2015 Urban Renewal Legislation

SB 177 clarifies that “increment revenue” is not subject to TABOR, specifies the criteria and selection process for a mediator and states that debt issued prior to December 31, 2015 cannot be impaired.

Position: Support
Sponsors: Martinez-Humenik, Heath/Hullinghorst, Lawrence
Status: Awaiting Governor’s Signature


 
SB 218, Severance Tax for O&G Refunds

SB 218 is a Joint Budget Committee (JBC) bill in response to an April 25, 2016 Colorado Supreme Court Decision in BP America v. Colorado Department of Revenue.
 
In this case, the Supreme Court found that BP America is entitled to a refund for its cost of capital under CRS 39-29-103(3)(a). This provision of statute allows industry to deduct their transportation, manufacturing and processing costs to arrive at the value of the resource when it emerges from beneath the earth’s surface (commonly referred to as the “wellhead value”). The state’s severance tax rate is applied to the resource’s wellhead value.
 
In order to pay for the refunds that will be claimed by the oil and gas industry, SB 218 specifies that the state’s general fund reserve will be used to pay claims made prior to July 1, 2016.  In anticipation of claims that are expected to be made after July 1, 2016, the state will restrict $29.1 million in severance tax receipts that go to the Department of Natural Resources and $48.3 million in severance tax receipts that go to the Department of Local Affairs for the direct distribution program and for the Energy and Mineral Impact Assistance Grant Fund.
 
Note: Introduced after last CCI Steering Committee meetings were held
Sponsors: Lambert, Steadman/Hamner, Rankin
Status: Awaiting Governor’s Signature


 
HB16-1006, Clarify Tax Exemption for Housing Authorities

HB 1006 clarifies the tax status of housing authority projects.  In 2000, HB 1284 provided a tax exemption for housing projects in which the housing authority took an ownership interest. For 13 years, the Colorado Department of Revenue (CDOR) interpreted the exemption in CRS 29-4-227 to cover both state and local sales and use tax as well as local property taxes. Recently, CDOR revised its interpretation of statute and concluded that these properties were only exempt from local property taxes. HB 1006 codifies the CDOR’s original interpretation of statute.
 
Position: Support
Sponsors: K. Becker/Garnett
Status: Awaiting Governor’s Signature


 
HB16-1088, Fire Protection District Impact Fee on New Development

HB 1088 requires counties and municipalities to confer with any fire and emergency services provider and the developer of the property to determine whether there should be an impact fee imposed on new construction within the development. If the county or municipality chooses to impose an impact fee to fund the capital facility needs of a fire and emergency services provider, then the county/municipality and the provider shall enter into an intergovernmental agreement that defines the details of collection and remittance.

Position: Monitor with Amendments
Sponsor: Dore/Roberts
Status: Awaiting Governor’s Signature


  
HB16-1119, Modify Sales and Use Tax Exemption for Aircraft

Under current law, the purchase of new or used aircraft is exempt from state and local sales taxes for 120 days after the date of sale. HB 1119 expands that exemption to include anytime in which the aircraft may be in the shop for interior refurbishment, paint, engine work, or maintenance.
 
Position: Support
Sponsors: Thurlow/Holbert
Status: Signed by Governor



HB16-1132, Residential Storage Condo Unit As Residential Property

HB 1132 would have established that a residential storage condominium unit, commonly referred to as a “man cave,” shall be assessed as residential real property. Doing so would have allowed these units to be assessed at the lower residential assessment rate of 7.96 percent rather than at the commercial assessment rate of 29 percent, which is the current rate these units are taxed at. CCI opposed HB 1132 because of the fiscal impact it would have had on county property tax collections and because of the precedent it would have set going forward to value other storage units, like mini-storage, as residential too.

Position: Oppose
Sponsor: Melton,Van Winkle/Grantham, Jahn
Status: Postponed Indefinitely
 


HB16-1209, Working Group to Study Program Evaluation

HB 1209 would have created a working group to examine ways to build program evaluation capacity in the state. CCI opposed HB 1209 because of the bill’s focus on both state and locally administered programs. Many counties expressed concern that programs offered in their community have been developed locally to address local needs. So while they may not be evidence based or have a fidelity model, it does not necessarily mean the program does not work well for that particular community. CCI expressed concerns that a working group such as that proposed by HB 1209 would result in a “slash and burn” conclusion around the merits, or lack thereof, of locally developed programs.
 
Position: Oppose
Sponsors: K. Becker, Rankin
Status: Postponed Indefinitely


  
HB16-1219, Motor Vehicle-Related Services Consolidation

HB 1219 would have required county clerks to assume the responsibility of providing driver license services as soon as possible, but no later than July 1, 2021. Under existing statute, counties may choose whether or not to provide these services locally.  CCI opposed HB 1219 as an unfunded state mandate that would have cost counties – in the first year – at least $6.7 million.

Position: Oppose
Sponsors: Priola/Woods
Status: Postponed Indefinitely
 


HB16-1230, Transparency Online Project Include County Info

HB 1230 requires county budget and revenue and expenditure data to be included on the state’s Transparency Online Project website.  Counties that include this data on their county’s website are in compliance with HB 1230. 

Position: Support as Amended
Sponsor: Dore/Cooke
Status: Signed by Governor


 
HB16-1433, Retain and Spend Severance Tax Revenues for Reserve Fund

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 specified that if money in the severance tax operational fund or the local government severance tax fund was insufficient to pay for a program supported by either fund, the General Assembly could appropriate money from the reserve in support of the program.

Position: Support
Sponsors: Hamner, Rankin/Steadman
Status: Postponed Indefinitely


 
HCR16-1002, Lottery Proceeds Distributed to the State Education Fund

HCR 1002 would have reduced the amount of lottery proceeds distributed to the Conservation Trust Fund (CTF) and the Great Outdoors Colorado Trust Fund (GOCO) and channeled those dollars to the state education fund.

Position: Oppose
Sponsor: J. Becker
Status: Postponed Indefinitely


 
Tourism, Resorts & Economic Development


 
SB16-032, Working Group for Economic Development for Highly Distressed Regions

SB 32 would have created an economic development working group for highly distressed urban regions of the state. 

Position: Monitor
Sponsors: Merrifield/Heath
Status: Postponed Indefinitely


 
SB16-059, Authority of Local Government to Promote Affordable Housing

SB 59 attempted to clarify the authority local governments have to engage in affordable housing projects with developers.

Position: Oppose
Sponsor: Ulibarri
Status: Postponed Indefinitely



SB16-081, Rural Economic Emergency Assistance Grant Program

SB 81 would have used a portion of the interest made off the Unclaimed Property Trust Fund to provide emergency assistance grants to highly distressed rural regions of the state.

Position: Oppose
Sponsors: Donovan/Young
Status: Postponed Indefinitely 


 
HB16-1302, Align with Workforce Innovation and Opportunity Act (WIOA)

HB 1302 aligns and updates inconsistencies between Colorado law and federal law. The bill also clarifies the roles that specific entities (like counties) play in work force development programs. The bill removes requirements that existed in state law that no longer apply due to changes to the federal law. Additionally, the bill addresses concerns about protecting student-data privacy, and creates a stakeholder process that will also address branding, marketing and outreach with involvement from the business community, local elected officials, and other state and local partners. Finally, the bill streamlines language for the Rural Consortium and removes overly burdensome requirements that are not necessary.  This was a CCI Legislative Priority for 2016.

Position: Support
Sponsors: Duran, DelGrosso/Newell
Status: Awaiting Governor’s Signature


 
Transportation & Telecommunications


 
SB16-11, FASTER Funds and Transit Projects

SB 11 would have eliminated the Division of Transit and Rail at CDOT and instead redirected the FASTER dollars that are used to fund the division to road safety projects.  The bill would also have eliminated a $5 million local government transit grant program that is currently administered by the division.  Those funds would have been redirected to CDOT road safety projects. 
 
Position: Oppose
Sponsors: T. Neville/P. Neville
Status: Postponed Indefinitely
 


SB16-136, Broadband Deployment

SB 136 was an attempt at a compromise between local governments and service providers on the issue of broadband deployment efforts around the state and current restrictions under SB05-152.  The bill would have removed some of the election requirements under SB05-152 for unserved communities if they could demonstrate there were areas of the county that had broadband speeds less than ten megabits per second downstream and one megabit per second upstream.  If a local government had a current broadband provider and was seeking to basically compete with that provider, the election requirement remained in place under the bill – with additional hurdles that would have made it much harder to pass at the ballot.   
 
Position: Oppose
Sponsor: Donovan
Status: Postponed Indefinitely
 


SB16-173, Local Authority to Allow Golf Car Crossing of State Highway

SB 173 authorizes counties and municipalities to allow golf cars to cross state highways at an at-grade crossing in order to continue using a local road.
 
Position: Support
Sponsors: Scott/DelGrosso, Moreno
Status: Awaiting Governor’s Signature


 
SB16-183, Study of 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 was replaced by a “strike-below” amendment and is now an interim task force that will examine 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. The interim task force will be comprised of six legislators.  
 
Position: Support
Sponsors: Scheffel, Kerr/Williams, Lawrence
Status: Awaiting Governor’s Signature
 


SB16-194, Regional Transportation Development Projects

SB 194 would have allowed local governments to identify commercial areas within their jurisdiction that are undeveloped or underdeveloped due to a lack of adequate transportation infrastructure. The local government could then make a request to CDOT and the Transportation Commission to retain a portion of any new state sales tax revenue generated by the new development adjacent to an area needing these transportation infrastructure improvements.  If approved by the Transportation Commission, this revenue stream could be used to pay back the bonds issued to undertake the necessary transportation improvements in the region. 
 
Position: Support
Sponsors: Scott/Moreno, DelGrosso
Status: Postponed Indefinitely


 
SB16-210, Bonding for Transportation Improvements

SB 210 would have directed the Transportation Commission to ask the voters of Colorado before 2018 to approve $3.5 billion in transportation bonds to expedite the completion of more than 45 transportation projects around the state.  The bill also would have eliminated the final three years of SB 228 transfers and instead diverted a percentage of state sales tax to the Colorado Department of Transportation to address concerns about impacts on the Department’s asset management program. 
 
Position: Support
Sponsors: Baumgardner/DelGrosso
Status: Postponed Indefinitely
 


HB16-1018, STAC Advising the Transportation Commission

Currently, the Statewide Transportation Advisory Committee (STAC) provides recommendations to the Colorado Department of Transportation on the needs of the state’s transportation systems.  HB 1018 expands the powers of the STAC and allows it to also advise the Transportation Commission on similar matters. 
 
Position:  Support
Sponsors: Carver, Mitsch Bush/Todd
Status: Signed by Governor


 
HB16-1030, Local Government Regulation of OHVs

HB 1030 clarifies that county ordinances requiring driver’s licenses and/or proof of insurance for OHV operators on local roads are not in conflict with state rules pertaining to OHV use.  The bill also allows for municipalities to work with CDOT to allow at-grade crossings of state highways by OHVs within municipal jurisdictions.  The bill clearly states that local government regulatory authority does not extend to the agricultural use of OHVs.  This bill was a CCI Legislative Priority for 2016.
 
Position: Support
Sponsors: Court, Brown/Donovan
Status: Signed by Governor


 
HB16-1031, Study of Transportation Commission Membership Composition

HB 1031 directs Legislative Council staff to do a research study on the composition of the Transportation Commission and make recommendations to the Transportation Legislation Review Committee on better aligning commission membership with transportation planning region boundaries.    
 
Position:  Support
Sponsors: Carver/Cooke
Status: Awaiting Governor’s Signature


 
HB16-1106, County Authority to Designate Pioneer Trail

HB 1106 authorizes a board of county commissioners to designate any public road in the county as a section of a pioneer trail and establish interpretive and educational signage along these sections of road.  This measure will assist local communities in tourism and local economic development efforts and raise awareness about local cultural and historical heritage.   
 
Position:  Support
Sponsors: Wilson/Grantham, Garcia
Status: Signed by Governor


 
HB16-1155, Controlled-Access Highway as County Primary Road

HB 1155 authorizes a county to designate a four lane controlled-access highway as a primary road of the county highway system, and specifies the duties and oversight of the county (and any municipalities that the highway passes through) with respect to the highway.  The scope of the bill is narrow and applies only to a project in Weld County.  
 
Position: Support
Sponsors: Saine, Mitch Bush/Sonnenberg
Status: Signed by Governor


 
HB16-1231, Restricted Use of Red Light Cameras

Current law allows the use of automated vehicle identification systems designed to detect disobedience to a traffic signal on all traffic signals. HB 1231 limits the use of these systems to school zones, highway or road construction/repair zones and arterial roads - and completely phases out their use by the end of 2016.    
 
Position:  Support
Sponsors: Lebsock/Carroll
Status: Awaiting Governor’s Signature


 
HB16-1303, Regional Transportation Authority to Impose Tax on Annexed Vacant Land

HB 1303 would have prohibited a regional transportation authority (RTA) from imposing a sales tax on vacant land that has been annexed by a jurisdiction that is not a member of the RTA.
 
Position: Oppose
Sponsors: Landgraf
Status: Postponed Indefinitely


 
HB16-1304, Community Conversations on Transportation Priorities

HB 1304 would have required CDOT to assist each transportation planning region in the state in hosting a community conversation on local transportation priorities and preferred funding options prior to October of this year.
 
Position: Oppose
Sponsors: Tyler/Heath
Status: Postponed Indefinitely
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