Legislative Watch Council 2009

May 20, 2009

 

Bills for Action 2009

Bill

Sponsor

Summary

Focus Groups

Chamber Position

Status

HB09-1001

RICE--HEATH

Establishes the Colorado job growth incentive tax credit for a specified period. Upon conditional approval and annual calculation by the Colorado economic development commission, allows a taxpayer to claim a credit for a specified number of consecutive months within the specified period the credit is available. Allows the commission to allocate the credits by issuing credit certificates to taxpayers who meet established criteria for a project in the state. Allows the credit to be carried forward for a specified time but not refunded. Establishes the methods for issuing credit certificates as well as the application process. Specifies how a credit is to be calculated. Grants the department of revenue rule-making authority.

Jobs/Economy/Higher Ed

 

Support

05/04/2009 Governor Action - Signed

HB09-1010

MASSEY & ...--GIBBS &

Creates the Colorado office of film, television, and media (office) within the Colorado office of economic development. Specifies that the office shall have a director and a staff to fulfill the mission of the office. Establishes the duties of the office. Creates the Colorado office of film, television, and media operational account cash fund, and specifies the purpose of the fund. For income tax years commencing on or after January 1, 2009, but prior to January 1, 2014, establishes the Colorado film production tax credit. Specifies that the office will allocate the credits by issuing credit certificates to production companies that produce films in Colorado. Specifies the maximum value of the credit. Limits the aggregate sum of credits allocated on an annual basis to a specified amount. Allows the credit to be carried forward to other income tax years for a maximum of 3 years. Establishes the transferability of the credit. Grants the department of revenue rule-making authority.

Jobs/Economy/Higher Ed

 

 Support

05/05/2009 Senate Third Reading Passed

HB09-1012

RICE & ...--MITCHELL &

Authorizes carriers providing individual and group health coverage plans in this state to offer incentives for covered persons and groups to participate in wellness and prevention programs (programs). Permits those incentives to include premium discounts or rebates; modifications to copayment, deductible, or coinsurance amounts; or a combination of those incentives. Allows carriers to determine the types of programs and incentives to offer as long as:

! Participation in the programs is voluntary and is not a condition of coverage;

! Nonparticipation cannot be penalized; and

! The participant is not required to achieve a certain outcome in order to receive the incentive.

Allows the board of directors of the CoverColorado program or carriers providing health benefit plans to CoverColorado participants to also offer the incentives.

Health Care

Support

04/25/2009 Governor Action - Signed

HB09-1034

LISTON--GIBBS

Subject to voter approval as required by section 20 of article X of the state constitution (TABOR), authorizes a regional transportation authority (authority) to impose a uniform mill levy of up to a specified number of mills on all taxable property within its territory. Specifies that this authorization does not affect the existing power of an authority to establish local improvement districts and impose special assessments. Repeals the authorization as of a specified date.

Transportation

Regulation/Tax/Fee

Support

04/16/2009 Governor Action - Signed

HB09-1042

MERRIFIELD--GIBBS

Prohibits a person driving a motor vehicle from impeding the flow of more than 5 motor vehicles following immediately behind. Requires an impeder to drive in the right-hand lane or pull off the road and let the others pass where pulling off is safe and lawful.

Transportation

Mandates

 Oppose

04/14/2009 Senate Second Reading Lost

HB09-1054

LOOPER--MORSE

Allows the surviving spouse of a member of the United States armed forces who is killed in combat to claim a full award of unemployment insurance benefits if the surviving spouse:

! Relocates to a new place of residence after the death of his or her active duty military spouse;

! Is unable to commute to his or her current employment from the new place of residence; and

! Is available for suitable work upon arrival at the new place of residence.

Specifies that the benefits are to be charged to the unemployment compensation fund rather than the employer.  Requires the division of employment and training in the department of labor and employment to track the number of claims made and the amounts awarded to surviving spouses and to submit an annual report to the business affairs and labor committee of the house of representatives and the business, labor, and technology committee of the senate, or their successor committees, detailing the number of claimants and amounts awarded.

Repeals the eligibility for benefits, effective July 1, 2019.

All

Support

03/25/2009 Governor Action - Signed

HB09-1055

GREEN--(NONE)

Requires electric and natural gas utilities to disclose to each of their customers, in each bill, the amount of carbon dioxide emitted during the previous billing cycle that is attributable to the customer.

Mandates

OPPOSE

02/03/2009 House Committee on Transportation & Energy Postpone Indefinitely

HB09-1057

KERR A.--BACON

Allows an employee of an employer who employs at least 10 employees in this state to take unpaid leave for the purpose of attending parent-teacher conferences or other academic activities related to the educational advancement of the employee's child. Limits the unpaid

leave to 6 hours per month and 40 hours in any academic year. Permits the employer to require the employee to take leave in no greater than 3-hour increments and to provide written verification from the school or school district of the academic activity necessitating the leave. Requires the employee to provide the employer with at least 3 days' notice of the leave except in emergency situations where the employee is not aware of the need for leave 3 days in advance. Directs employees to make reasonable attempts to schedule conferences or other activities outside of regular work hours. Allows an employee to elect to substitute accrued paid vacation leave, personal leave, or other types of paid leave for unpaid leave. Specifies that an employer that provides comparable leave to its employees is in compliance with the act and is not required to provide its employees any additional leave.

Jobs/Economy/Higher Ed

 

Oppose

05/04/2009 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass.

HB09-1061

MCGIHON / TOCHTROP 

Requires health insurance carriers to disclose to the division of insurance (division) business relationships with intermediary entities that set standards of care and practice guidelines, select participating in-network providers, negotiate or set reimbursement rates, obtain insurance contracts for health care providers, and issue credentials to providers. Requires health insurance carriers to disclose to the division standards of care and practice guidelines determined by the entity, the basis or criteria for placing limits on patient visits, the determination for deductibles and copayments, and payments made to the intermediary entity. 

Health Care

Oppose

04/30/2009 Governor Action - Signed

HB09-1068

LAMBERT--SCHEFFEL

Requires the general assembly to appropriate from the general fund to the newly created business personal property tax reimbursement fund (fund) an amount of moneys for each year after a specified date that there are peak general fund appropriations. Exempts a percentage of all business personal property tax based on the percentage of a taxpayer's out-of-state sales, and increases the exemption as the transfers to the fund increase. Reimburses counties, special districts, and municipalities for the decrease in property tax revenue associated with the business personal property tax exemption.

Regulation/Tax/Fee

 

Support

01/28/2009 House Committee on Finance Postpone Indefinitely

HB09-1108

KERR A.--BOYD

Subjects an employer to a $50 per day penalty if, 2 or more times within any 24-month period, the employer causes an employee's check to not be paid because the employer's bank did not honor the employee's paycheck upon presentment. Charges the director of the division of labor

in the department of labor and employment with enforcement of the act. Requires the director to give an affected employee a letter stating that the employee is not liable for having insufficient funds because of the employer's bank's failure to honor the employee's paycheck upon presentment.

Jobs/Economy/Higher Ed

 

Oppose

04/22/2009 Governor Action - Signed

HB09-1114

VAAD--(NONE)

Requires the department of transportation, using existing or easily obtainable data, to determine which state highways and portions of state highways located within metropolitan planning areas are commuter highways and to report what it has determined to the transportation commission by a specified date. Requires the commission to adopt a resolution that removes all of the highways and portions of highways that the department has determined to be commuter highways from the state highway system as of a specified date.  Defines a "commuter highway" as a highway or a portion of a highway that:

! Is part of the state highway system;

! Is located within the territory of a metropolitan planning organization; and

! Is determined by the traffic study conducted by the department of  transportation to be used at least a specified percentage of the time, measured as a percentage of total trips on the highway or portion of a highway, for travel within the territory of the metropolitan planning organization.

Specifies that the removal of a highway or a portion of a highway from the state highway system shall not be deemed to require the department to cease working on or funding an uncompleted highway project.

Transportation

Oppose

02/03/2009 House Committee on Transportation & Energy Postpone Indefinitely

HB09-1130

GARDNER B.--ISGAR

Authorizes any county, upon written notification from its governing body to the executive director of the department of revenue (executive director), to collect, administer, and enforce its own sales tax adopted in accordance with the municipal sales tax laws. Requires any county that collects its own sales tax to also collect state and other local sales taxes imposed within the county. Requires the department of revenue to enter into an intergovernmental agreement with the county to facilitate the collection of sales taxes within the county. Specifies provisions to be included in the agreement. Authorizes the board of county commissioners to seek judicial relief if the executive director fails to enter into an agreement or violates the Firefighter & Law Enf Collective Bargainterms of an agreement.

Allows a retailer with a physical place of business in two or more counties in the state to collect and remit state sales taxes directly to the state rather than to a county that has elected to collect state sales taxes.

Regulation/Tax/Fee

LWC – R

Support

05/04/2009 Governor Action - Signed

HB09-1170

CASSO--TOCHTROP

Allows an employee who is subject to a lockout initiated by an employer to receive unemployment insurance benefits

Jobs/Economy/Higher Ed

Oppose

05/05/2009 House Considered Senate Amendments - Result was to Concur - Repass

HB09-1192

MCFADYEN / VEIGA 

Eliminates the limitation on the percentage of alcohol contained in fermented malt beverages, thereby allowing fermented malt beverage licensees to manufacture, sell at wholesale or retail, or distribute full beer. Requires employees who are 18 to 20 years of age to either comply with the server and seller training program requirements established by the director of the liquor enforcement division in the department of revenue or be supervised by a person on the licensed premises who is at least 21 years of age in order to:
* Sell or dispense fermented malt beverages;
* Check age identification on sales of fermented malt beverages; or
* Make deliveries of fermented malt beverages beyond the customary parking area of the licensed retailer. 

Jobs/Economy/Higher Ed

Regulation/Tax/Fee

Support

03/11/2009 House Committee on Business Affairs and Labor Postpone Indefinitely

HB09-1208

SOPER 

Requires a contractor awarded a contract for a public works by a state agency in excess of a specified amount, and each subcontractor who works thereon, to pay workers prevailing wages and fringe benefits. Requires workers to be paid at least once a week. Requires a contract for a public works to which a state agency is a party to have certain terms related to the payment of prevailing wages and fringe benefits. Establishes that the prevailing wages and fringe benefits shall be the same as the applicable wages and fringe benefits set forth in the prevailing wage determinations made by the United States secretary of labor pursuant to federal law. Requires a contractor and any subcontractor to furnish payroll records to the director of the division of labor in the department of labor and employment (director). Grants the director the authority to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Requires contractors and subcontractors who must pay prevailing wages and fringe benefits to post the prevailing wages and fringe benefits. Establishes procedures for filing complaints of failures to pay prevailing wages and fringe benefits. Establishes penalties for failure to pay prevailing wages and fringe benefits, including withholding contract payments and civil penalties, and the procedures related thereto. Requires a contractor to submit a statement of unpaid prevailing wages and fringe benefits prior to receiving final payment from a state agency. Requires the state agency to withhold any unpaid prevailing wages and fringe benefits and pay them directly to workers. Creates the prevailing wage enforcement fund. Requires the director to publish a list of contractors and subcontractors who willfully failed to pay prevailing wages and fringe benefits. Requires the director to debar a contractor or subcontractor for multiple willful failures to pay prevailing wages and fringe benefits. Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights related to prevailing wages and fringe benefits or for participating in an action by the director. Establishes a private right of action related to the requirement to pay prevailing wages and fringe benefits and establishes procedures for the right of action. Specifies that the act shall not in any way interfere with workers' right to bargain collectively. Authorizes the director to adopt rules to implement the act. 

Mandates

Oppose

02/18/2009 House Committee on Business Affairs and Labor Postpone Indefinitely

HB09-1210

MCGIHON / CARROLL M. 

Creates the "Healthy Families and Workplaces Act" (act), which requires all private employers in Colorado to provide paid sick leave to their employees, accrued at the following rates:
* For employers employing more than 15 employees, one hour of sick leave for every 30 hours worked, up to a total of 72 hours of paid sick leave in a 12-month period; and
* For employers employing between 6-15 employees, one hour of sick leave for every 60 hours worked, up to a total of 40 hours of paid sick leave in a 12-month period. Allows an employee to carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued. Allows employees to use up to a specified number of hours of paid sick leave in a 12-month period to be absent from work for the following purposes:
* The employee has a mental or physical illness, injury, or health condition, needs a medical diagnosis, care, or treatment related to such illness, injury, or condition, or needs to obtain preventive medical care;
* The employee needs to care for a family member who has a mental or physical illness, injury, or health condition, needs a medical diagnosis, care, or treatment related to such illness, injury, or condition, or needs to obtain preventive medical care; or
* The employee or family member has been the victim of domestic abuse, sexual assault, or stalking and needs to be absent from work for purposes related to such crime. Prohibits an employer from retaliating against an employee who uses his or her paid sick leave or otherwise exercises his or her rights under the act. Requires employers to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor (division) in the department of labor and employment, detailing employees' rights under the act. Obligates employers to retain records documenting, by employee, hours worked, paid sick leave accrued, and paid sick leave used and to make such records available to the division to monitor compliance with the act. Authorizes the director of the division to implement and enforce the act and adopt rules necessary for such purposes. Treats an employee's information about his, her, or a family member's health condition or domestic abuse, sexual assault, or stalking case as confidential, and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. 

Mandates

Oppose

03/03/2009 House Committee on Business Affairs and Labor Postpone Indefinitely

HB09-1224

SCHAFER S.--CARROLL M.

Prohibits health insurance carriers from varying the rates of individual health insurance policies based on the gender of the individual insured.

Health Care

Oppose

05/05/2009 Sent to the Governor

HB09-1256

ACREE--(NONE)

Authorizes the commissioner of insurance (commissioner), on behalf of the state, to enter into multistate agreements with other states for the purpose of allowing a health coverage issuer (issuer) doing business in another state to offer, sell, or issue in Colorado an individual health coverage plan (plan) that is regulated by another state. Requires the commissioner, in making the determination to enter into a multistate agreement, to consider whether consumers in Colorado will have access to an adequate network of providers through a plan provided by an out-of-state issuer. Specifies which state's laws would apply to a plan offered in Colorado by an out-of-state issuer and which state is responsible for enforcement of the applicable laws. Requires the issuer to provide Colorado consumers a notice regarding the effects of purchasing a plan from an out-of-state issuer. Authorizes the commissioner to adopt rules necessary to implement the act.

Health Care

Support

04/03/2009 House Committee on Appropriations Postpone Indefinitely

HB09-1273

KEFALAS--FOSTER

Creates the Colorado health care authority (authority) as a body corporate and political subdivision of the state. Establishes the mission of the authority, which is to create a health care system in Colorado that is the administrator and payer for health care services. Requires the authority to create a system to recommend to the general assembly that provides comprehensive medical benefits to Coloradans. Requires the appointment of a board of directors (board) to create and develop the health care system. In creating and developing the system, requires the board to consider specific requirements and analyses. Specifies comprehensive medical benefits to be included in the system. Establishes a fund consisting of any general fund moneys appropriated by the general assembly. Requires the executive director of the board to seek all necessary waivers, exemptions, and agreements from the federal government to ensure consistent levels of funding if the system is implemented by bill of the general assembly. Prohibits the implementation of the creation and development of the system if the board does not raise sufficient gifts, grants, and donations by July 1, 2011, to fund its activities. Prohibits the implementation of the system until all necessary waivers, exemptions, and agreements are in place; the board certifies that the board has received sufficient funding; and the general assembly acts by bill to implement the system.

Health Care

Oppose

04/14/2009 House Third Reading Laid Over to 07/052009

HB09-1293

RIESBERG & ...--KELLER

Authorizes the department of health care policy and financing (department) to charge and collect from licensed or certified hospitals a hospital provider fee (fee). Authorizes the medical services board to establish the amount of the fee that shall not exceed the federal limit and to promulgate rules governing the administration and collection of the fee. Specifies that the fee shall:

! Supplement and not supplant existing general fund appropriations to hospital providers unless payments to other medicaid providers are reduced;

! Be used for increasing reimbursements to hospitals under medicaid and the Colorado indigent care program, expanding eligibility for medicaid and the children's basic health plan (CHP+), and paying the costs of the department in administering the fee;

! Be returned if the federal government does not approve the fee; and

! Cease if the federal government no longer provides matching federal funds for the fee.

Establishes the hospital provider fee oversight and advisory board (board) to make recommendations to the department concerning the amount of the fee, procedures for collecting the fee, and changes to the eligibility requirements for assistance if moneys from the fee are insufficient to pay for all of the proposed eligibility expansions. Specifies membership of the board. Directs the board to report annually to specified committees of the general assembly, the governor, and the medical services board.

Establishes an additional hospital reimbursement based upon a hospital's performance in providing improved health outcomes for recipients.

Subject to sufficient moneys being received from the fee and the matching federal funds:

! Expands eligibility for medicaid to:

! Parents of children eligible for medical assistance or CHP+ to up to 100% of the federal poverty level;

! Disabled individuals participating in a Medicaid buy-in program to up to 400% of the federal poverty level; and

! Childless adults or adults without a dependent child in the home to up to 100% of the federal poverty level subject to federal authorization.

! Provides for continuous eligibility in medicaid for children for 12 months.

! Expands eligibility for children and pregnant women under CHP+ to up to 250% of the federal poverty level. Directs that if moneys are insufficient to fully fund the proposed eligibility expansions, the state board, subject to the approval of the joint budget committee, by rule may reduce the medical benefits offered or reduce the eligibility levels, but the state board may not reduce the eligibility levels below the current levels. Provides that any rule  reducing medical benefits or eligibility expires on the following May 15 unless the general assembly acts by bill to extend the rule

Health Care

LWC – R

Support

04/21/2009 Governor Action - Signed

HB09-1298

MCFADYEN & ...--MITCHELL

Allows a taxpayer to claim a refund of a percentage of all state sales and use taxes paid on the sale, storage, or use of a motor vehicle, truck, truck tractor, trailer, or semitrailer designated as class A personal property. Specifies that the amount of the refund will be calculated by the division of motor vehicles, and establishes the method for calculating the refund.

For specified income tax years, for purposes of the enterprise zone income tax credit for investments in certain property, establishes that a commercial truck, truck tractor, tractor, or semitrailer with a vehicle weight rating of 16,000 pounds or greater that is model year 2008 or newer, and any parts associated with the vehicle at the time of purchase, shall be deemed to be used solely and exclusively in an enterprise zone and therefore considered qualified property for purposes of the income tax credit if:

! The vehicle is licensed and registered within the state; and

! The vehicle is predominantly housed and based at the taxpayer's business trucking facility within an enterprise zone for the 12-month period following its purchase.

Specifies that a taxpayer may claim an income tax credit in an amount equal to specified percentages of the total qualified investment in a truck, truck tractor, tractor, or semitrailer. Specifies that the credit shall be phased in over 3 years. Creates the green truck grant program to be administered by the governor's energy office to provide:

! Reimbursements of a specified percentage, not to exceed a specified amount, of the overall cost incurred by a qualified recipient in purchasing or installing specific fuel-efficient technologies and emission-control devices to reduce fuel consumption and emissions of greenhouse gases and other harmful air pollutants from trucks. Specifies a maximum amount of reimbursements to be granted in a fiscal year.

! Grants up to a specified amount per qualified recipient for the retirement and scrapping of older model year trucks that meet certain requirements. Specifies a maximum amount of grants to be awarded in a fiscal year.

Creates the green truck grant program fund.

Transportation

Jobs/Economy/Higher Ed

 

LWC – R

Oppose

05/05/2009 House Considered Senate Amendments - Result was to Concur - Repass

HB09-1310

LEVY--HEATH

 

Creates the office of employee misclassification (office) in the division of employment and training (division) in the department of labor and employment (department) for the purpose of investigating complaints of employers misclassifying employees as independent contractors, thereby avoiding the payment of employment taxes for such employees. Authorizes the director of the division to investigate complaints and issue orders upon a finding that an employer has misclassified employees. Authorizes the director to collect back taxes and interest from an employer who misclassified employees and to impose additional fines and penalties when the director finds that the employer, with reckless disregard, misclassified employees. Requires the executive director of the department to conduct a

statewide study to determine the scope of the problem of employee misclassification, including whether the problem is widespread, whether

particular industries are more inclined to engage in the practice, estimates of state revenues lost or not collected due to employee misclassifications, and whether a uniform definition of "employment relationship" is needed. Requires the executive director to submit a report to specified committees of the general assembly regarding the statewide study and the operations of the office in investigating complaints.

Jobs/Economy/Higher Ed

 

Oppose

03/25/2009 House Committee on Business Affairs and Labor Refer Amended to Appropriations

HB09-1317

PACE & ...--KESTER

Prohibits the state board of land commissioners from selling or leasing lands to the United States department of defense or any federal governmental entity for purposes associated with the expansion of the Pinon Canyon maneuver site. Directs the state attorney general to oppose any attempt by the federal government to acquire state lands for which consent to acquire has been withdrawn or that are declared ineligible for sale or lease.

LWC

Oppose

04/29/2009 Senate Third Reading Passed

HB09-1326

CARROLL T. & ...--SHAFFER B

With respect to the form of a ballot question submitted to a vote of the people, requires a ballot issue changing the state constitution to be referred to as an "amendment" and a ballot issue changing the Colorado Revised Statutes to be referred to as a "proposition". Requires notice of such terminology to be printed on the official ballot. Requires a ballot petition, including any signature addendums, to be filed with the secretary of state 3 weeks earlier. Makes the deadline for the last title board meeting prior to an election one month earlier. Permits a registered elector who signs a petition to withdraw his or her signature by filing a written request with the secretary of state on or before the date the petition is filed with the secretary. Adds a notice to the top of each page of an initiative petition that a signature indicates support for the placement of the measure on the ballot as a change to either the state constitution or the Colorado Revised Statutes, as applicable, and that, if a sufficient number of registered electors sign the petition, the measure will appear on the ballot. With respect to circulators, notaries public, and the notarized affidavit that is attached to a petition:

! Requires the circulator to affirm that he or she understands the consequences for violating petition laws and for failing to be available in person or by deposition at a protest.

! Prohibits a notary public from notarizing an affidavit unless the circulator is in the physical presence of the notary public, the circulator has dated the affidavit and fully completed all the personal information on the affidavit, and

the circulator has presented an acceptable form of identification.

! Requires the notary public to specify the form of identification that the circulator presented on a blank line included on the affidavit form.

! Requires the date signed by a circulator and the notary public to be the same.

! Establishes that the date signed by a notary public will not cure a circulator's failure to sign the affidavit.

! Prohibits the secretary of state from accepting any petition section that does not have a valid notarized affidavit that complies with all of the statutory requirements related thereto.

! Requires a circulator to appear at any petition protest in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure, and invalidates a petition section if a circulator fails to appear at certain protests.

! Requires the proponents of a petition or an issue committee acting on behalf of the proponents to maintain a list of the names and addresses of all their circulators and notaries public and the petition section numbers that each circulated or notarized and to file such list with the secretary of state

along with the petition, at which time the list shall be a public record.

! Requires the secretary of state to prepare the list if one is not received from the proponents and to charge the proponents a fee for such preparation.

! Requires a circulator who collects more than 100 signatures for any petition to receive training related to potential fraudulent activities in petition circulation.

! Invalidates all petition sections circulated in whole or in part by anyone other than the circulator who signs the affidavit attached to the petition sections.

! Permits a circulator who is not present in the state to testify by telephone or any other means permitted under the Colorado rules of civil procedure.

! Requires the proponents of a petition or an issue committee acting on behalf of the proponents to file the dates of circulation of all paid circulators, the total hours that each circulator was paid, and the gross amount of wages for such work.

After a statement of sufficiency, requires the secretary of state to make a petition available to the public for copying upon request. Establishes that a district court shall have jurisdiction to consider a protest challenging the secretary of state's statement of a petition's sufficiency without further agency action. Clarifies that the grounds for challenging individual signatures or petition sections shall include fraud or violations of the laws relating to petitions committed by any person involved in the petition circulation process, the use of a petition form that does not comply with the provisions of the act, and any improprieties related to the statutorily prescribed duties by a circulator or notary public. Permits a district court to consider all signatures in a random sample if a protest is limited to an allegation that there were defects in the secretary of state's statement of sufficiency based on a random sample. Permits attorney fees and costs to be sought if the district court determines that there are invalid signatures or petition sections as a result of fraud. Requires attorney fees and costs to be awarded if a protest or defense is determined to be substantially frivolous, substantially groundless, or substantially vexatious. Creates new criminal violations for unlawful acts related to initiative petitions. Establishes that the deadline for a designated representative of the proponents of an initiative petition to withdraw the petition from consideration as a ballot issue is 27 days earlier than under current law. Requires a petition entity to be licensed by the secretary of state. Prohibits the secretary of state from issuing a license to a petition entity unless:

! The secretary of state finds that the petition entity's record of petition circulation is consistent with the prevention of fraud in the state's petition circulation process;

! The petition entity agrees that all circulators shall not be paid on a per signature or petition section basis; and

! A current representative of the petition entity has completed training requirements related to potential fraudulent activities in petition circulation.

Requires a petition entity to register with the secretary of state by providing the secretary of state the:

! Ballot title of any proposed measure for which a petition will be circulated by circulators coordinated or paid by the petition entity;

! Current name, address, telephone number, and electronic mail address of the petition entity; and

! Name and signature of the designated agent of the petition entity for the proposed measure.

At the request of the secretary of state, requires the petition entity to provide documentation demonstrating that it is not paying circulators on a per signature or petition section basis. Requires the secretary of state to revoke a license if the petition entity authorized or knowingly permitted certain activities related to ballot petitions. Requires the petition entity to pay a license fee in an amount determined by the secretary of state.

Regulation/Tax/Fee

Support

05/05/2009 House Considered Senate Amendments - Result was to Concur - Repass

HB09-1358

RICE--(NONE)

Creates the Colorado health care authority (authority) as a body corporate and political subdivision of the state. Establishes the mission

of the authority, which is to create a health care system (system) in

Colorado that is the administrator and payer for health care services.

Requires the authority to design a system to recommend to the general assembly that provides comprehensive medical benefits to all Coloradans. Requires the appointment of a board of directors (board) to create and develop the system. In creating and developing the system, requires the board to consider specific requirements and analyses. Requires the executive director of the board to seek all necessary waivers, exemptions, and agreements from the federal government to ensure consistent levels of funding if the system is implemented by bill of the general assembly. Prohibits the implementation of the creation and development of the system if the board does not raise sufficient gifts, grants, and donations by July 1, 2011, to fund its activities. Prohibits the

implementation of the system until all necessary waivers, exemptions,   and agreements are in place and the general assembly acts by bill to

implement the system

 

LWC – R

Oppose

04/24/2009 House Committee on Business Affairs and Labor Postpone Indefinitely

SB09-023

SCHULTHEIS--LAMBERT

Repeals the current requirements imposed on employers to examine, and retain records of examining, the legal work status of new employees and instead creates the "Fair and Legal Employment for Coloradans Act" (act), which requires all nongovernmental employers in the state to 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. Establishes deadlines by which employers must start participating in the e-verify program, based on the number of employees of the employer, and requires the attorney general to impose fines on an employer for failure to participate in the e-verify program or to provide documentary proof of participation. Prohibits an employer from intentionally or knowingly employing

an unauthorized alien, and requires an employer to immediately terminate an employee for whom the employer receives a final notice of nonconfirmation of work eligibility through the e-verify program. Requires the attorney general or the county or city attorney, as appropriate, to investigate complaints of employer noncompliance. Requires the appropriate county or city attorney to bring a court action against the employer when an investigation shows a complaint has merit. Upon finding a violation, requires the court to order the employer to:

! Terminate the employment of all unauthorized aliens;

! Be subject to probation, during which the employer must submit quarterly reports of all newly hired employees to the county or city attorney; and

! Submit a sworn affidavit attesting that the employer has terminated the employment of all unauthorized aliens. For knowing violations, allows the court to order the suspension of the employer's business licenses. For intentional violations, requires the court to order the suspension of all business licenses for a minimum period. For a second violation, requires the revocation of all business licenses. Requires the attorney general to maintain copies of, and provide access to, all court orders issued against employers and to maintain a database of employers with a first violation. Requires the department of revenue, in cooperation with the department of labor and employment, to provide a notice of the requirements of the act to employers obligated by law to withhold taxes for employees. Creates the e-verify program cash fund, to consist of moneys collected as fines imposed on employers for failing to participate in the e-verify program. Authorizes the moneys in the fund to be used to cover the reasonable costs incurred by the attorney general, county attorneys, and city attorneys in administering and enforcing the requirements of the act. Defines as a discriminatory or unfair employment practice the refusal to hire or termination from employment of a United States citizen or permanent resident alien while hiring or retaining an unauthorized alien in the same type of job when the employer knew or should have known that the person was an unauthorized alien.

Jobs/Economy/Higher Ed

 

Support

02/09/2009 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

SB09-037

KOPP--MCNULTY

Eliminates the funding paid by employers insuring employers against liability for personal injury or death to their employees that is credited to the subsequent injury fund and the major medical insurance fund.

Jobs/Economy/Higher Ed

 

Support

04/28/2009 Senate Considered House Amendments - Result was to Concur - Repass

SB09-054

SCHEFFEL--KERR A.

Eliminates the maximum civil penalty that may be imposed for violations of the "Colorado Consumer Protection Act". Increases the maximum civil penalty that may be imposed for violations of the "Colorado Antitrust Act of 1992" from $100,000 to $250,000.

Regulation/Tax/Fee

Continued Review

04/20/2009 Governor Action - Signed

SB09-061

CARROLL M.--PRIMAVERA

For purposes of workers' compensation, property and casualty, and health insurance, requires any internal review of claims, independent medical examination, or utilization review to be conducted by a Colorado-licensed health care professional who is in good standing and has appropriate expertise in the same or similar specialties as would typically manage the case being reviewed. Requires written denials of benefits to identify the health care professional on whose opinion the denial is based.

Health Care

Oppose

04/21/2009 House Third Reading Lost

SB09-067

HEATH--MAROSTICA & ...

Authorizes the Colorado economic development commission to contract with the Colorado housing and finance authority for the operation of a Colorado credit reserve program for the purpose of increasing the availability of credit to small businesses in Colorado. Appropriates $2,500,000 from the general fund for the fiscal year beginning July 1, 2009, for the implementation of the act.

Regulation/Tax/Fee

Jobs/Economy/Higher Ed

Support

04/27/2009 Senate Considered House Amendments - Result was to Concur - Repass

SB09-085

SCHEFFEL--LAMBERT & ...

Exempts a percentage of business personal property, excluding state-assessed property, from property taxation. Increases the amount of the exemption every 2 years until all business personal property is exempt.

Regulation/Tax/Fee

Support

05/05/2009 House Third Reading Passed

SB09-095

TAPIA--RIESBERG

Enacts the "Construction Prompt Payment Reform Act of 2009". Authorizes a contractor or subcontractor to request a written statement of a property owner's ability to fulfill contract obligations, and requires the owner to provide the statement. Prohibits the contractor and subcontractor from disclosing the statement. Exempts public entities from this requirement. Requires, with some exceptions, construction agreements that require more than one month to complete to provide for progress payments every 30 days upon submission of an invoice. Sets standards and timelines for refusing to pay an invoice and for curing problems. Clarifies that failure to disapprove a progress payment invoice is not a waiver of claims. Requires the owner to pay invoices within 25 days if subcontractors are used or 30 days if subcontractors are not used. Requires the contractor to forward progress payments to the subcontractor within 5 days or the end of the 30-day billing cycle. Requires a subcontractor to submit a list of suppliers of goods and services to the contractor with the invoice. Requires the owner, contractor, or subcontractor to pay at least 12% on unpaid invoices. Clarifies that an owner, contractor, or subcontractor may take offsets for specified appropriate failures of the person submitting the invoice. Sets procedures and timelines for such requirements. Authorizes the owner to contract for progress payments of greater than 25 days, not to exceed 75 days. Sets procedures for notifying contractors and subcontractors of the extension. Authorizes retaining a portion of the payment to ensure that the work is properly completed, but limits retaining greater than 10% on the first half of the contract if progress is satisfactory. Authorizes the subcontractor to request release of the retained fees and requires release within 90 days. Sets standards and timelines for the required release. Requires monthly payment of actual costs on a change directive. Sets standards for calculating actual costs. Authorizes, if an agreement is not reached within 2 months, either actual costs plus 10% overhead and 5% profit or the suspension of work on change directives. Sets standards for suspension of performance under a change directive. Authorizes a contractor or subcontractor to suspend performance under a construction agreement. Requires a contractor or subcontractor to resume work if the owner pays the amounts due plus the cost of the suspension. Sets standards and timelines for suspension and resumption of performance. Sets standards for providing notice under the act. Declares agreements in violation of the act void. Prohibits contractual provisions that apply the law of any jurisdiction other than Colorado for real property within the state. Imposes similar changes to public entity construction contracts, with exceptions for public safety and when required to maintain federal funding. Authorizes a public entity to require an accounting when necessary to implement a prevailing wage ordinance.

Jobs/Economy/Higher Ed

 

LWC – R

 Oppose

03/20/2009 Senate Second Reading Laid Over to 05/10/2009

 ~

 

SB09-108

GIBBS--RICE

On and after a specified date, imposes a road safety surcharge, a daily vehicle rental fee, a supplemental oversize, overweight, and longer vehicle combination surcharge, and a supplemental unregistered vehicle fine, and increases the amount of the fee for late motor vehicle registration. Requires the revenues generated by the new or increased surcharges, fees, and fines to be credited to the highway users tax fund and allocated to the department of transportation (CDOT), counties, and municipalities in accordance with an existing distribution formula. Requires CDOT, counties, and municipalities to expend their allocated revenues for road safety projects, and specifically requires CDOT to spend a specified portion of its allocated revenues for transit-related projects that enhance the safety of state highways for transit users. Increases the amount of the fine for late registration of motor vehicles by new residents of the state. Creates the statewide bridge enterprise (bridge enterprise) as a government-owned business within CDOT with the business purpose of completing designated bridge projects that involve the financing, repair, reconstruction, and replacement of bridges designated as structurally deficient, functionally obsolete, or rated as poor by CDOT. Specifies the governance of and general powers and duties of the bridge enterprise. On and after a specified date, authorizes the bridge enterprise to fund the completion of designated bridge projects by imposing a bridge safety surcharge and using revenues generated by the surcharge to directly pay for the projects or to repay revenue bonds it issues or loans from the state it contracts for to finance the projects. Authorizes the state, subject to

specified approval requirements, to loan moneys to the bridge enterprise, to finance any loan made by entering into lease-purchase agreements involving state buildings or other state capital facilities, and to have any loan repaid by the bridge enterprise from bridge safety surcharge revenues. Creates the high-performance transportation enterprise (transportation enterprise) as a government-owned business within CDOT with the business purpose of pursuing public-private partnerships and other innovative and efficient means of completing surface transportation infrastructure projects other than designated bridge projects. Abolishes the statewide tolling enterprise, specifies that the transportation enterprise is the legal successor to the powers, duties, and functions of the tolling enterprise, and further specifies the general powers and duties of the transportation enterprise.

Specifically authorizes the transportation enterprise to enter into public-private partnerships and, subject to specified limitations, to impose user fees, directly or through a partner, for the privilege of using any surface transportation infrastructure that the transportation enterprise or its partner constructs or operates. Authorizes the transportation enterprise to issue revenue bonds to finance surface transportation infrastructure projects. Subject to specified requirements regarding both collaboration with affected local governments, transportation planning entities, and transportation  services providers and federal and affected local government approval, authorizes the transportation enterprise to impose user fees on highways or highway lanes that have previously served vehicular traffic on a user-fee free basis. Specifies that both the transportation enterprise and the bridge enterprise are exempt from specified state procurement laws but are subject to open records and open meetings laws and any labor standards that apply to CDOT. Creates a temporary mileage-based revenue commission (MBR commission), and specifies the governance and general powers and duties of the commission. Requires the MBR commission to design, develop, and implement pilot programs to evaluate alternative mileage-based revenue systems, taking into consideration, at a minimum, technical, legal, financial, environmental, and social policy issues. Requires CDOT to provide financial and staff Support to the MBR commission. Requires affected local government consent for implementation of any pilot program and prohibits the MBR commission from forcing any individual to participate in a pilot program. Specifies reporting requirements and pilot program implementation timelines for the MBR commission. Requires the transportation commission to create a standing efficiency and accountability committee, and requires the committee to seek ways to maximize the efficiency of CDOT to allow increased investment in the transportation system over the short, medium, and long term. Specifies the membership of the committee and reporting requirements related to its activities and the implementation of its recommendations. Requires specified information regarding specified policy goals to be included in any regional transportation plan.

Transportation

*Request Amendments

03/02/2009 Governor Action - Signed

SB09-110

MORSE / LEVY 

Sunset Process - Senate Judiciary Committee. Implements the recommendations of the department of regulatory agencies in its sunset review of the Colorado civil rights division (division), the Colorado civil rights commission (commission), and the subpoena powers of the director of the division (director) as follows:
* Continues the commission and the division and their respective functions through July 1, 2018.
* Continues the subpoena powers of the director in employment discrimination cases, extends those powers to all other civil rights cases under the jurisdiction of the division and the commission, and eliminates the separate sunset review of the subpoena powers of the director.
* Authorizes the commission, a commissioner, or the attorney general to initiate a charge of a discriminatory or unfair practice in cases that indicate a significant societal or community impact and limits the remedy in such cases to equitable relief to eliminate the discriminatory or unfair practice.
* Authorizes the director to delegate certain tasks to division staff, including the ability to sign a determination of probable cause.
* Reassigns to the division some procedural tasks that are statutorily assigned to the commission but are currently performed by the division, including the intake and processing of complaints alleging a discriminatory or unfair practice and the issuance of right-to-sue letters.
* Eliminates the requirement that charges of discriminatory or unfair practices be filed in duplicate.
* Adds to the definition of "discriminatory or unfair employment practice" adverse employment actions that impact an employee's terms, conditions, or privileges of employment.
* Adds to the commission's jurisdiction cases in which an employer interferes with, restrains, or denies an employee the right to leave from work because the employee is seeking protection as a victim of domestic abuse, stalking, sexual assault, or another crime involving domestic violence.
* In addition to the existing remedies of reinstatement or hiring, back pay, front pay, or other equitable relief in cases of discriminatory or unfair employment practices, allows a complaining party or plaintiff to recover compensatory and punitive damages, subject to specified limits based on the size of the employer, and reasonable attorney fees and costs.
* Harmonizes provisions relating to discrimination in places of public accommodation to ensure that the remedies apply to unlawful retaliation against persons who complain of unlawful discrimination in places of public accommodation. 

Jobs/Economy/Higher Ed

Oppose

05/05/2009 House Third Reading Passed

SB09-121

WHITE / MAY 

Eliminates the requirement that meals provided at no charge or at a reduced charge to employees of a business at which prepared food or drink is regularly sold shall be considered as part of the employee's salary, wages, or income to qualify for a sales and use tax exemption. 

Regulation/Tax/Fee

Support

04/29/2009 House Third Reading Passed

SB09-156

VEIGA / MIKLOSI 

Creates the "Plastic Bag Reduction Act" (act), which prohibits a store that meets the following criteria from providing plastic bags to customers on and after July 1, 2012:
* The store has a retail floor space of at least 10,000 square feet; and
* The store has gross annual sales of at least $1,000,000. Exempts any store operated pursuant to a franchise agreement from the scope of the act. Makes noncompliance with the plastic bag prohibition a class 2 petty offense and sets the following penalties upon conviction thereof:
* A fine not to exceed $200 for a first violation within a calendar year;
* A fine not to exceed $300 for a second violation within a calendar year; and
* Fines not to exceed $500 for each additional violation within a calendar year. Specifies that each plastic bag provided shall be deemed a separate violation. Beginning September 1, 2009, imposes on customers a fee of 6 cents for every plastic bag provided to a customer by a store meeting the above criteria. Requires the store providing the bags to retain 3 cents and transfer the other 3 cents to the state treasurer. Creates the plastic bag reduction education fund (fund) in the state treasury, consisting of the plastic bag fees that are transmitted to the state. Requires the fund to be used to educate people on the upcoming plastic bag prohibition. Repeals the fund on July 1, 2013. 

Mandates

Oppose

02/24/2009 Senate Second Reading Lost with Amendments

SB09-159

SANDOVAL--MCGIHON & ...

Changes the age of an individual for which a carrier is required to offer dependent coverage for an additional premium from 25 to 30.

Health Care

LWC – R

Oppose

03/18/2009 House Committee on Business Affairs and Labor Postpone Indefinitely

SB09-166

CARROLL M. / PACE 

Creates the "Prescription Drug Ethics Act". Prohibits a manufacturer or wholesale drug, biological product, or medical or surgical device distributor who participates in a state health program from offering a gift, fee, payment, subsidy, or other economic benefit to a health care practitioner. Creates exemptions. Requires each manufacturer or distributor to disclose to the state board of pharmacy (board) the value of any benefit provided to any health care practitioner, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe, dispense, or purchase at wholesale prescription drugs, biological products, or medical or surgical devices. Requires the board to make the reported information available on its web site. Requires each manufacturer or distributor that participates in a state health program to submit a report containing advertising and marketing expenditures to the board. Requires the board to make an annual report to the general assembly. Requires a health care practitioner, health plan, hospital, or other institution that receives any type of funding or payment from the state to exclude any person with a financial interest in a manufacturer from participating in decisions that influence the wholesale purchasing of prescription drugs. Allows the attorney general to bring action and impose a penalty. Grants rule-making authority to the board. Prohibits a person from knowingly disclosing or using records that include prescription information containing individual identifying information in order to market a prescribed product. Creates a penalty for disclosing an individual's prescription information containing individual identifying information. Creates the prescription drug ethics cash fund to consist of fees and gifts, grants, and donations collected by the board for the purposes of the "Prescription Drug Ethics Act". 

Health Care

Regulation/Tax/Fee

Jobs/Economy/Higher Ed

OPPOSE

02/18/2009 Senate Committee on Business, Labor and Technology Postpone Indefinitely

SB09-170

ROMER--MIKLOSI

Requires that a person, regardless of immigration status, who

attends a Colorado high school for at least 3 years and enrolls in a Colorado institute of higher education within 5 years after either graduating from a Colorado high school or earning a general education diploma in Colorado shall be charged the same tuition rate and shall be eligible for tuition assistance under the same criteria as a person who establishes domicile in Colorado.

Jobs/Economy/Higher Ed

 

Oppose

04/06/2009 Senate Second Reading Lost

SB09-180

TOCHTROP--CASSO

Grants firefighters and law enforcement officers the right to:

! Organize, form, join, or assist an employee organization or to refrain from doing so;

! Negotiate collectively or express a grievance through representatives of their choice;

! Engage in other lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection; and

! Be represented by their exclusive representative without discrimination.

States that an employee organization recognized or elected for collective bargaining shall be the exclusive representative (exclusive representative) of all the firefighters or law enforcement officers in an agency (bargaining unit) for collective bargaining. Prohibits a fire department, police department, or sheriff's department (public employer) from bargaining on matters covered by the act with any other employee or group. Grants the exclusive representative the right to be present and express its views at the adjustment of a complaint made by a member of the bargaining unit without the intervention of the exclusive representative. Allows an exclusive representative to have dues and other moneys deducted from the pay of firefighters or law enforcement officers who authorize the deduction.

Authorizes and obligates a public employer and an exclusive representative to bargain collectively in good faith. States that any agreements negotiated between an exclusive representative and a public employer (the parties), along with any terms approved by the voters of the political subdivision of the public employer, shall constitute the collective bargaining agreement between the parties. Requires a collective bargaining agreement to be for a term of one to 3 years. Allows a party to request collective bargaining by sending notice to the other party by a specified date. Requires the parties to begin collective bargaining within a specified time after the notice. Deems an impasse to exist if the parties fail to reach a collective bargaining agreement within a specified time after the beginning of collective bargaining. States that a collective bargaining agreement may require all members of the bargaining unit, as a condition of employment, to pay the exclusive representative's fees and expenses in negotiating and enforcing the agreement. If an impasse exists, requires the parties to allow an arbitration

organization to appoint an advisory fact-finder to hold a hearing on the unresolved issues and make recommendations on which party's final offer on each issue should be accepted. Specifies the factors that the advisory fact-finder shall consider. Gives the parties a specified time to consider the advisory fact-finder's recommendations and conduct further negotiations. If either party rejects the recommendations, states that the final offers of the parties on the unresolved issues shall be submitted to the voters of the political subdivision of the public employer at a special election.

Prohibits firefighters, law enforcement officers, and employee organizations from striking. States that existing bargaining units, exclusive representatives, and bargaining relationships as of the effective date of the act shall remain

unless modified by agreement or election in accordance with the act. Allows  firefighters, law enforcement officers, and employee organizations to petition the division of labor in the department of labor and employment to conduct secret-ballot elections to certify or decertify an employee organization as the exclusive representative of a bargaining unit. Grants a firefighter, law enforcement officer, or employee organization standing to sue to enforce the provisions of the act.

Jobs/Economy/Higher Ed

 

LWC – R

Oppose

05/01/2009 Senate Considered House Amendments - Result was to Concur - Repass

SB09-223

BOYD--KERR A. & ...

Ensures the uniform statewide administration of food safety in Colorado. Requires administration, implementation, interpretation, and enforcement of food safety laws by the state or county or district public health agencies. Increases the fees for retail food establishments. Creates a grievance process for food establishment licensees who believe that a county or district public health agency is taking action outside of its authority.

Jobs/Economy/Higher Ed

 

Support

04/30/2009 House Third Reading Passed

SB09-228

MORSE--MAROSTICA & ...

Eliminates the limit on the growth of total general fund appropriations (appropriations limit). If the appropriations limit was used as a trigger for some other event, establishes a new trigger that is based on the amount actually appropriated from the general fund, or in the case of certain tax credits, that is 6% over the general fund appropriations from the prior year. Eliminates references to provisions that state that appropriations are made in accordance with or as exceptions to the appropriations limit. Eliminates obsolete provisions related to the appropriations limit, and makes other conforming amendments related to the elimination of the appropriations limit.

Eliminates the automatic transfer to the controlled maintenance trust fund that is a percentage of excess general fund revenue. Eliminates the automatic transfer of general fund surplus to the highway users tax fund (HUTF) and the capital construction fund. Permits the general assembly to transfer moneys to such funds, which amount transferred to the HUTF shall be used in the same manner as the moneys that are automatically transferred thereto under current law. Eliminates the automatic diversion of sales and use tax revenue to the sales and use tax holding fund. Permits the general assembly to transfer moneys to the fund, which shall be used in the same manner as the moneys that are automatically diverted thereto under current law. Eliminates the limit on the amount that the general assembly may appropriate from the HUTF for specified state agencies.

Regulation/Tax/Fee

Oppose

04/30/2009 Senate Considered House Amendments - Result was to Concur - Repass

SB09-247

TOCHTROP--PACE

Expands the availability of unemployment benefits to certain unemployed individuals as follows:

! Creates an alternative base period for an unemployed individual who has not earned sufficient wages for insured work during the existing base period to qualify for unemployment insurance benefits.

! Modifies the eligibility criteria for unemployment benefits when a worker separates from a job due to domestic violence to allow benefits when the worker reasonably believes that continued employment jeopardizes his or her safety or that of the worker's spouse, parents, or minor children.

! Allows unemployment benefits to an individual who quits a job to relocate to a new place of residence with his or her spouse whose employment location has changed, if the individual cannot practically commute to his or her current job and the individual, upon arrival to the new residence, is available for suitable work.

! Allows unemployment benefits to an individual who quits work to care for an ill or disabled immediate family member who requires care of a duration longer than allowed the individual under his or her employer's medical leave of absence policy or the federal "Family and Medical Leave Act of 1993".

! Authorizes enhanced unemployment insurance compensation benefits to eligible unemployment insurance claimants who are enrolled and making satisfactory progress in an approved training program that will train them for a high-demand occupation, a more stable, long-term occupation, or an occupation in the renewable energy industry. Repeals the availability of the enhanced unemployment insurance compensation benefits on July 1,

2012.

Mandates

LWC – R

Oppose

05/05/2009 House Third Reading Passed

SB09-253

VEIGA--CASSO

In the law requiring the payment of relocation costs for persons displaced from property as a result of public projects using federal financial assistance, requires the displacing agency to use best efforts to provide a relocation payment to the owner of a utility facility in an amount not to exceed the amount resulting from application of a specified formula to determine the extraordinary cost of relocating the facility. In the law authorizing local exchange providers of telecommunications services to request that the public utilities commission (commission) permit such providers to recover the actual costs incurred in relocating infrastructure or facilities upon request by the state or a local political subdivision, specifies what may be included in determining actual costs. Specifies that such actual costs shall be recovered using a uniform surcharge assessed on all of the provider's retail access lines, with the period of recovery not to exceed one year. Prohibits construing this law to grant the commission authority over interstate, unregulated, or deregulated telecommunications services.

Mandates

Regulation/Tax/Fee

LWC – R

Support

05/04/2009 House Committee on Appropriations Postpone Indefinitely

SB09-281

SHAFFER B.--WEISSMANN

Clarifies the operation of Pinnacol Assurance as a political subdivision of the state by amending and repealing certain statutes granting Pinnacol Assurance the authority to engage in activities as if it were a private insurance carrier. Requires Pinnacol Assurance to pay a dividend to small businesses equal to 5% of Pinnacol Assurance's surplus funds no later than September 1, 2009. Requires the state auditor to undertake an annual audit of Pinnacol Assurance and to transmit such audit together with any comments and recommendations to the governor, the general assembly, the executive director of the department of labor and employment, and the commissioner of insurance. Establishes a legislative interim committee to meet during the 2009 interim to study the

laws governing worker safety and work-related injury compensation, including the operation of Pinnacol Assurance and to make recommendations on any policy changes with respect to these matters.

Mandates

 

LWC – R

Oppose

05/04/2009 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass

 

Bills to Monitor 2009

Bill

Sponsor

Summary

 

Chamber Position

Status

HB09-1094

LEVY--BACON

Prohibits operators of a motor vehicle who are under 18 years of age, operators of a school bus, and motor vehicle carriers regulated by the public utilities commission from using a wireless telephone while a motor vehicle they are operating is in motion. Otherwise, permits operators of a motor vehicle who are 18 years of age or older to use a wireless telephone equipped with a hands-free accessory. Deems the use of a wireless telephone by an operator as a class A traffic infraction.

Mandates

Transportation

 

Monitor

04/28/2009 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

~

Friday, May 1 2009
   GENERAL ORDERS--SECOND READING OF BILLS
   (3) in senate calendar.

HB09-1094

LEVY--BACON

Prohibits operators of a motor vehicle who are under 18 years of age, operators of a school bus, and motor vehicle carriers regulated by the public utilities commission from using a wireless telephone while a motor vehicle they are operating is in motion. Otherwise, permits operators of a motor vehicle who are 18 years of age or older to use a wireless telephone equipped with a hands-free accessory. Deems the use of a wireless telephone by an operator as a class A traffic infraction.

Mandates

Transportation

 

Monitor

04/20/2009 Senate Committee on State, Veterans & Military Affairs Refer Amended to Finance

~

Thursday, April 23 2009
   FINANCE COMMITTEE
   UPON ADJOURNMENT SCR 354
   (4) in senate calendar.  

HB09-1127

MIKLOSI--(NONE)

Creates a credit to be applied against state income tax liability for a qualified investment that creates jobs in a small business. Requires an investment to be at least a specified amount and to be preceded by investments in each of the prior 2 years before it can be considered a qualified investment. Specifies that the tax credit may be:

! Refunded to a taxpayer;

! Carried forward, if a portion of it is unused; and

! Transferred to another taxpayer if certain requirements are met.

Requires the Colorado office of economic development to determine the eligibility for the tax credit and issue tax credit certificates as evidence of eligibility and the amount of the tax credit. Requires a taxpayer to submit a copy of the tax credit certificate in order to claim the tax credit.

Jobs/Economy/Higher Ed

Monitor

02/04/2009 House Committee on Finance Postpone Indefinitely

HB09-1135

JUDD--WHITE

Increases the amount of specified fees collected by county treasurers, clerk and recorders, and sheriffs. Requires the executive director of the department of local affairs to adjust the amount of the fees every other year to reflect changes in the consumer price index. Requires the executive director to maintain a public schedule of the fees and make it available to the public on the department's web site. Indexes certain fees of a sheriff based on mileage traveled to the internal revenue service mileage reimbursement rate.

Mandates

 

Monitor

02/03/2009 House Second Reading Laid Over to 02/13/2009

~

Friday, February 13 2009
   GENERAL ORDERS -- SECOND READING OF BILLS
   (2) in house calendar.

HB09-1135

JUDD--WHITE

Increases the amount of specified fees collected by county treasurers, clerk and recorders, and sheriffs. Requires the executive director of the department of local affairs to adjust the amount of the fees every other year to reflect changes in the consumer price index. Requires the executive director to maintain a public schedule of the fees and make it available to the public on the department's web site. Indexes certain fees of a sheriff based on mileage traveled to the internal revenue service mileage reimbursement rate.

Mandates

 

Monitor

02/24/2009 House Third Reading Lost

HB09-1138

CURRY / SCHWARTZ 

Clarifies that, under the statute addressing the control of rents (rent control statute) by counties and municipalities (local governments), local governments are prohibited from enacting any ordinance or resolution that would control rent on a private residential housing unit. Clarifies that nothing in the statute is intended or shall be construed to prohibit or restrict the right of any property owner and any state agency, county, municipality, or housing authority to enter into and enforce a contract that controls rent on a private residential housing unit, whether the contract is entered into before, on, or after a specified date. For purposes of the rent control statute, specifies that a covenant, deed restriction, or similar instrument constitutes an interest in property where the covenant, deed restriction, or similar instrument:
* Has the effect of controlling the rent on a private residential housing unit;
* Is duly executed by the owner of the unit and recorded in the office of the clerk and recorder of the county in which the unit is located; and
* Is enforceable by any state agency, county, or municipality, either directly or through a housing authority or similar agency. 

Mandates

Regulation/Tax/Fee

Monitor

02/05/2009 House Committee on Local Government Postpone Indefinitely

HB09-1327

HULLINGHORST--TOCHTROP

In connection with the approval of an urban renewal plan or a modification to such plan:

! Exempts a city and county from existing statutory requirements to provide an urban renewal impact report (report).

! Expands the entities to which an urban renewal plan or modification must be submitted to include the governing body of certain public bodies that impose ad valorem property taxes on any portion of the real property constituting an urban renewal area (taxing entities) and, in specified circumstances, additionally requires the taxing entities to be provided a copy of the report.

! Makes the deadline earlier for submitting the plan or modification prior to an initial hearing.

Adds to existing statutory requirements concerning the findings that must be made before the governing body of the municipality may approve an urban renewal plan:

! Whether the urban renewal authority (authority) or the municipality will adequately finance any additional taxing entity infrastructure as well as services required to serve development within the urban renewal area; and

! Any significant shortfalls in the projected revenues of the taxing entities for the period during which all or any portion of property taxes are paid into a special fund (fund) in connection with tax increment financing.

Exempts a city and county from the requirement to make these additional findings. In connection with the excess of any payment of property taxes

paid into the fund in connection with tax increment financing:

! In the absence of an intergovernmental agreement (agreement), requires that a specified percentage of the property taxes allocated to the fund be distributed to the fund and a specified percentage be allocated to all of the taxing entities in the urban renewal area on a pro rata basis as specified in the act.

! In the alternative to the provisions of the act specifying a particular allocation of the property tax, authorizes the authority and any taxing entity located within the urban renewal area to enter into an agreement. Specifies that, under such agreement, the parties may provide, as they deem appropriate, for the allocation of the property taxes between the authority and any one or more taxing entities and the year in which any such allocation would commence or end. Applies the provisions of the act specifying a particular allocation of the property tax to any taxing entity that does not elect to enter into an agreement with the authority.

Repeals existing statutory provisions creating an arbitration process for the purpose of adjudicating objections by a county to an urban renewal plan with county impacts.

Mandates

Regulation/Tax/Fee

LWC - R

Monitor

04/30/2009 Senate Committee on Local Government and Energy Postpone Indefinitely

SB09-008

HARVEY--GARDNER C.

Extends the right to use deadly physical force against an intruder under certain conditions to include owners, managers, and employees of places of business.

All

Monitor

01/28/2009 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

SB09-031

HEATH--RIESBERG

Creates the clean technology discovery evaluation grant program (program) in the Colorado office of economic development (office) for the purpose of improving and expanding the development of new clean technology discoveries at higher education research institutions (research institutions). Requires the office to administer the program and the director of the office to consult with a Colorado-based clean technology industry association in implementing the program. Specifies that the program shall provide grants to research institutions for clean technology research projects. Specifies the eligibility criteria for the program and reporting requirements for both the grantees and the office. Creates the clean technology discovery evaluation cash fund for the costs associated with implementing and administering the program.

Regulation/Tax/Fee

Monitor

04/22/2009 Sent to the Governor

SB09-081

SHAFFER B.--RICE

Creates a phased-in exemption from the sales and use tax for purchases in excess of a specified amount of machinery and machine tools to be used in the state directly and predominantly for providing telephone and telegraph services for sale or profit. Requires the division of property taxation in the department of local affairs to submit a specified number of annual reports to specified legislative committees describing the new investments made by telecommunications companies in the rural areas of the state.

Mandates

Monitor

03/06/2009 Senate Committee on Appropriations Postpone Indefinitely

SB09-244

SHAFFER B.--PRIMAVERA

Directs that all individual and group sickness and accident insurance policies, health service or indemnity contracts, and managed care plans providing coverage in Colorado (policy or policies) that are issued or renewed on or after July 1, 2010, shall provide coverage for the assessment, diagnosis, and treatment of autism spectrum disorders (ASD).

Defines what type of coverage is required for the treatment of ASD, including applied behavior analysis. States that nothing in the statute shall be construed to require or permit a carrier to reduce benefits provided for ASD if a policy already provides coverage that exceeds the requirements of the statute and that nothing shall be construed to prevent an insurance carrier from increasing benefits provided for ASD. States that nothing in the statute shall be construed to limit coverage for physical or mental health benefits covered under a policy. States that coverage for ASD is subject to the same copayment, deductible, and coinsurance provisions that are applicable under the policy for other medical services for physical injury or sickness covered by the policy. Directs that benefits provided by an insurance carrier for care or treatment of a health condition not diagnosed as ASD are not to be applied toward any ASD maximum benefit amount established under the policy. Prohibits a carrier from denying or refusing to provide otherwise covered services, refusing to renew or reissue, or   otherwise restricting or terminating coverage under a policy to an individual because the individual or his or her dependent is diagnosed with ASD or due to utilization of services for which coverage is mandated. Requires

prescribed treatment to be continued during a treatment review or appeal of a decision regarding treatment. Specifies that services for the treatment of ASD are the primary services for a child who is also eligible for early intervention services, and that early intervention services supplement, but do not replace, services provided under the required coverage for ASD.

Makes issuance or renewal of a policy that excludes coverage for the assessment, diagnosis, and treatment of ASD by an insurance carrier

that is subject to the mandated coverage requirement for the treatment for

ASD an unfair method of competition and unfair or deceptive act or practice in the business of insurance. Repeals the statute that provides that treatment for autism was not mandated and, if covered by a policy, was not to be treated as a mental illness.

Health Care

Regulation/Tax/Fee

LWC – R

Monitor

04/30/2009 House Second Reading Laid Over Daily

~

Friday, May 1 2009
   SPECIAL ORDERS -- SECOND READING OF BILLS
   (4) in house calendar.

HB09-1217

MURRAY / SCHEFFEL 

Allows for the creation of a local improvement district for the purpose of providing public utilities improvements, including but not limited to gas, electric, geothermal, phone, cable, and internet utilities improvements within the district. Exempts the utility improvements from compliance with certain provisions governing the acquisition of other improvements to be made in local improvement districts. 

Regulation/Tax/Fee

Monitor

04/27/2009 Sent to the Governor

SB09-250

TOCHTROP--PRIMAVERA

Requires a health benefit plan that covers cancer chemotherapy treatment to provide coverage for prescribed, orally administered anticancer medication.

Health Care

Monitor

05/04/2009 House Committee on Health and Human Services Postpone Indefinitely

 

No Position/Not Chamber Issue

Bill

Sponsor

Short Title

Focus Groups

Chamber Position

Status

SB09-137

RENFROE

Property Lien Waiver Debt Third Party .

Regulation/Tax/Fee

No Position

04/20/2009 Governor Action - Signed

SB09-139

SHAFFER B.

Uniform Principal And Income Act Amends

Regulation/Tax/Fee

No Position

04/16/2009 Governor Action - Signed

HB09-1024

MCNULTY--TOCHTROP

Local Gov Audit Law Mod

Mandates

No Position

03/18/2009 Governor Action - Signed

HB09-1064

KEFALAS

Econ Opportunity Poverty Task Force

Mandates

No Position

04/22/2009 Senate Second Reading Passed