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Legislative Report 

 
April 18, 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

SB 080

SB 168

HB 1078

HB 1320

HB 1367
 
Health and Human Services

HB 1383

HB 1401
 
Tax and Finance

SB 177

HB 1219

HB 1433

SB 100
 
Transportation and Telecommunications

SB 183
 
Land Use and Natural Resources

HB 1430

HB 1313



For more information on a specific bill, please visit our Master Bill Table or visit our website




 
SB16-80, Medical Marijuana Grows Enclosed and Locked Space Requirements
 
Under current law, if a person is growing recreational marijuana in a residence, the grow site must be in an enclosed and locked space in order to prevent children from accessing it.  SB 80 applies the same requirements to a person growing medical marijuana at home.  There have been numerous cases around the state where school-aged children have gained access to medical marijuana plants being grown out in the open.  The bill was amended in the House to apply only to outdoor medical marijuana grows.  As amended, the bill passed the House last week and now returns to the Senate, where that body must decide whether to concur with the House amendment or request a conference committee to hammer out a compromise between the two versions of the bill.
 
Position: Support
Sponsors: Newell/Pabon, Wist
Lobbyists: Eric Bergman and Pat Ratliff

 
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 issue is especially important to county airports that see significant traffic from outside of the state.  The bill passed the House Local Government Committee last week and is now awaiting a final vote on the House floor.  This bill is a CCI Legislative Priority for 2016.  CCI and CML have prepared a joint fact sheet on SB 168.
 
Position: Support
Sponsors: Roberts/Brown
Lobbyists: Eric Bergman and Pat Ratliff
 

HB16-1078, Whistleblower Protection for Public Employees

HB 1078 attempts 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 creates 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.  Many counties have an administrative process in place to address these kinds of claims already, and CCI is concerned the bill could open the door to frivolous lawsuits.  The bill passed on second reading in the House last week, and is now awaiting a vote on third reading. 
 
Position: Oppose
Sponsor: Kagan
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 regulate massage parlors.  The bill has been introduced in the Senate and will be heard in the Senate Judiciary Committee on April 25.
 
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 House last week and is now awaiting a hearing in the Senate Local Government Committee.  CCI has prepared a fact sheet on HB 1367.
 
Position: Support
Sponsors: Hamner, Rankin/Marble, Hodge
Lobbyists: Eric Bergman and Pat Ratliff


HB16-1383, Child Welfare Predictive Analytic Pilot Program

HB 1383 tasks the Colorado Department of Human Services (CDHS) with creating a data analytical system to help identify a child's risk for abuse and neglect. In mid-March, the Joint Budget Committee approved $500,000 in state general funds to purchase such a system. CCI is seeking amendments on HB 1383. Specifically, CCI is working with Rep. Singer and the bill's proponents to create a working group of commissioners, county human services experts and state department staff to identify the specific data points that would be useful for child welfare workers to access. Counties are envisioning that this working group could complete its work within 6-9 months and then the state could release an RFP to secure a vendor. Additional amendments will also include revisions to the legislative declaration that speak to the protection of data privacy and requiring a third-party evaluator to determine whether or not analytics actually improve child welfare outcomes and its effect, if any, on the job of child welfare workers. HB 1383 will be heard in the House Public Health Care and Human Services Committee on Tuesday, April 19.

Position: Oppose Unless Amended
Sponsors: Singer & Fields, Grantham
Lobbyists: Gini Pingenot and Pat Ratliff
 

HB16-1401, Retail Food Establishment Fees

Pursuant to HB15-1226, a task force met over the 2015 interim to identify changes to the inspection process and fee schedules for retail food establishments. A large number of industry representatives, local public health officials, and Colorado counties participated in these meetings whereby a series of issues and concerns from each group was discussed and discarded or included in what is now HB 1401.  During the beginning of the session, several critical points were resolved to the best ability of the group.  One of these issues was the supplanting issue. In brief, increased fees should not result in reductions of general funds spent on inspections and food safety after the program begins.  Also finalized was the creation of a new task force to design a standardized public communication system for use statewide to report inspection results to the public.  As part of this piece, the industry insisted that simplistic, one word, number or symbol statements should be prohibited in favor of more detailed reports. CCI was finally able to take a vote on the introduced bill on April 8, and they ascertained that at least three elements of the bill were unacceptable.  They rejected the supplanting language, arguing that if they had overspent general funds for years they had a right to reduce those funds with the new fees.  The prohibition on letter, number and symbol grades was unacceptable to counties who have implemented such communications and feel that they work well for the public.  Finally, there was concern about state interference in local matters of implementation, including a concern that a few counties wanted the option to raise the fees or hold them stable. CCI opposes HB 1401 unless these issues are resolved in appropriate amendments.

Position: Pending
Sponsors: Becker K. & Priola, Woods & Hodge
Lobbyists: Gini Pingenot and Pat Ratliff
 

SB16-177, Modify 2015 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 six 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

Given the uniform commitment that this is the “consensus bill” by a wide range of stakeholders, no amendments are anticipated unless they have been approved by all parties. In keeping with this commitment, SB 177 passed the Senate – unamended – on April 15 with 34 senators voting for and one senator excused.

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

 
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. According to the bill’s fiscal note, 19 county offices provide driver license services. CCI opposed HB 1219 as an unfunded state mandate that would have cost counties - in the first year - at least $6.7 million. HB 1219 was postponed indefinitely on April 11 in the House State, Veterans and Military Affairs Committee.

Position: Oppose
Sponsors: Priola, Woods
Lobbyists: Gini Pingenot and Bill Clayton

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

Beginning in FY 2017-18, HB 1433 caps 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 is transferred to the newly created severance tax reserve fund. The bill specifies that if money in the severance tax operational fund or the local government severance tax fund is insufficient to pay for a program supported by either fund, the General Assembly may appropriate money from the reserve in support of the program.

The bill refers a ballot question to the voters at 2016 general election seeking 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.

This voter-approved revenue change is conditioned on the state not repealing or reducing any of the existing severance tax exemptions or credits. As written in HB 1433, the question that would appear before voters would read:
 
“May the state annually retain and spend any state severance tax revenue that is deposited in a reserve fund as a voter-approved revenue change to the constitutional limitation on state fiscal year spending and use the reserve to support local governments impacted by the severance of minerals, for state programs funded from the severance tax operational fund, and for water-related infrastructure projects, so long as the state does not repeal or reduce any of the existing severance tax exemptions or credits of change how the reserve is used?”
 
CCI supports HB 1433 because it provides a mechanism for leveling out the high and low swings of severance tax funding. It also provides potential protection from the state’s use of severance tax dollars to address state revenue shortfalls.
 
Position: Support
Sponsors: Hamner & Rankin, Steadman
Lobbyists: Gini Pingenot and Bill Clayton


SB16-100, County Road and Bridge Tax Reduction Requirement

As amended in the Senate, SB 100 requires counties to provide notice to cities on 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 also requires 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. Although the amended bill would no longer impair county authority over county taxes, the notice requirement seems to duplicate the existing mandate for public notice of each county’s proposed budget.  Moreover, since there was no invitation for discussion of this issue prior to introduction of the bill, submitting this specific inter-local issue to the TLRC may be premature. SB 100 will be heard in the House State Affairs Committee on Monday, April 18.
 
Position: Oppose
Sponsors: Jahn, Pabon
Lobbyists: Gini Pingenot and Bill Clayton

 
SB16-183, PUC Regulatory Authority Over 911 Calls
 
SB 183 attempts 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 and transport of 911 calls, regardless of the technology used).  The bill comes in response to telecom industry opposition to recently recommended 911 rules at the PUC. These proposed rules have revived a dispute over the extent of the commission’s oversight authority of telecom provider 911 obligations. While CCI does not have a formal position on the bill, it shares concerns voiced by the first responder community that limiting state oversight of basic emergency services could negatively impact the provision of local 911 service and public safety.  While the fate of the bill is unclear, CCI has learned that an interim committee may be formed to more adequately explore and discuss the issue of reporting 911 service outages around the state. The interim committee may also be used to discuss the formation of a statewide 911 authority (consisting of industry representatives and representatives from PSAPs, local communication centers, police chiefs, sheriffs, and firefighters). 
 
Position: Pending
Sponsors: Scheffel, Kerr/Williams, Lawrence
Lobbyists: Eric Bergman and Tony Lombard


HB 1430, Oil & 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. HB 1430 was heard in House Transportation and Energy on April 13. During the committee hearing, an amendment was offered to clarify that a producer would provide well estimates to the best of their ability. Additionally, the amendment created an opt-in provision for local governments to receive development plans and maps from operators. This amendment falls in-line with the original offer the sponsor made to CCI.  The bill passed out of committee on a 7-6 vote.

Position:  Monitor
Sponsor: Lebsock
Lobbyists: Brandy DeLangeTony Lombard and Bill Clayton
 

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

As amended, HB 1313 gives local governments the optional authority to include water conservation goals as a consideration of approval to a development of subdivisions, planned unit developments, special use permits, and zoning changes into their master plan. CCI appreciates the willingness of the sponsors to work collaboratively with us to address and remove concerns regarding references to the State Water Plan, as well as concerns regarding quasi-legislative authority granted to the planning commission. Additionally, we appreciate the intent of the bill and acknowledge the importance of incorporating water conservation into land use planning. HB 1313 was heard in the House Agriculture, Livestock and Natural Resources committee on April 13 and was passed on an 11-2 vote.

Position: Support with Amendments
Sponsors: Ardnt & Coram
Lobbyists: Brandy DeLangeTony Lombard and Bill Clayton
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