Calendar Notification of Your Bill Dossier

Bill HB16-1370 - SINGER / COOKE Nicotine Product Retailers Registry
   Thursday, April 7 2016
   Business Affairs and Labor
   1:30 p.m. Room LSB-A
   (4) in house calendar.

Bill SB16-056 - LAMBERT Enhanced Whistleblower Protections
   Monday, April 11 2016
   SENATE JUDICIARY COMMITTEE
   1:30 PM LSB-B
   (2) in senate calendar.

Bill HB16-1430 - LEBSOCK Oil & Gas Operators Share Dev Plans With Local Gov
   Wednesday, April 13 2016
   Transportation & Energy
   1:30 p.m. Room 271
   (1) in house calendar.

Bill SB16-175 - GRANTHAM / PABON E-15 Gasoline Income Tax Credit For Retail Dealers
   Thursday, April 14 2016
   SENATE FINANCE COMMITTEE
   Upon Adjournment LSB-B
   (1) in senate calendar.

Bill HB16-1433 - HAMNER / STEADMAN Retain & Spend Sev Tax Revenues For Reserve Fund
   Wednesday, April 20 2016
   Finance
   1:30 p.m. Room LSB-A
   (1) in house calendar.

Bill HB16-1044 - NOT ON CALENDAR

Bill HB16-1046 - NOT ON CALENDAR

Bill HB16-1088 - NOT ON CALENDAR

Bill HB16-1181 - NOT ON CALENDAR

Bill HB16-1275 - NOT ON CALENDAR

Bill HB16-1310 - NOT ON CALENDAR

Bill HB16-1355 - NOT ON CALENDAR

Bill HB16-1468 - NOT ON CALENDAR

Bill SB16-046 - NOT ON CALENDAR

Bill SB16-061 - NOT ON CALENDAR

Bill SB16-092 - NOT ON CALENDAR

Bill SB16-097 - NOT ON CALENDAR

Bill SB16-117 - NOT ON CALENDAR

Bill SB16-129 - NOT ON CALENDAR

Bill SB16-203 - NOT ON CALENDAR

Bill SB16-207 - NOT ON CALENDAR

Bill SB16-211 - NOT ON CALENDAR


BILL HB16-1044


Position: Strongly Support

CONCERNING THE EXTENSION OF DATES RELATED TO THE PETROLEUM STORAGE TANK FUND.
Sponsors: BECKER J. / HILL

Current law provides that, beginning July 1, 2018, if the available balance of the petroleum storage tank fund exceeds $8,000,000, no environmental response surcharge is imposed. Section 1 of the bill extends that date to September 1, 2023. Current law authorizing the use of the petroleum storage tank fund for petroleum storage tank facility inspections and meter calibrations repeals on July 1, 2018. Section 2 extends this date to September 1, 2023.

Status
01/13/2016 00:10 Introduced In House - Assigned to Finance
01/13/2016 Introduced In House - Assigned to Finance
Introduced In House - Assigned to Finance
Introduced In House - Assigned to Finance
01/28/2016 House Committee on Finance Refer Unamended to House Committee of the Whole
House Committee on Finance Refer Unamended to House Committee of the Whole
House Committee on Finance Refer Unamended to House Committee of the Whole
02/01/2016 House Second Reading Passed - No Amendments
House Second Reading Passed - No Amendments
House Second Reading Passed - No Amendments
02/02/2016 House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
02/03/2016 Introduced In Senate - Assigned to Finance
Introduced In Senate - Assigned to Finance
Introduced In Senate - Assigned to Finance
02/09/2016 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
02/12/2016 Senate Second Reading Laid Over Daily - No Amendments
Senate Second Reading Laid Over Daily - No Amendments
Senate Second Reading Laid Over Daily - No Amendments
02/16/2016 Senate Second Reading Passed - No Amendments
Senate Second Reading Passed - No Amendments
Senate Second Reading Passed - No Amendments
02/17/2016 Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
02/22/2016 Signed by the Speaker of the House
Signed by the Speaker of the House
Signed by the Speaker of the House
02/23/2016 Signed by the President of the Senate
Signed by the President of the Senate
Signed by the President of the Senate
02/24/2016 Sent to the Governor
Sent to the Governor
Sent to the Governor
03/02/2016 Governor Signed
Governor Signed
Governor Signed


BILL HB16-1046


CONCERNING THE RESPONSE TO HAZARDOUS SUBSTANCE INCIDENTS UNDER DESIGNATED EMERGENCY RESPONSE AUTHORITY RESPONSIBILITY.
Sponsors: KRAFT-THARP / BAUMGARDNER

Under current law, each county and municipality must designate an emergency response authority that is responsible for responding to releases of hazardous substances within that jurisdiction. The bill specifies that:
* The local government must annually report the designation to the hazardous materials section of the Colorado state patrol; the appropriate response is narrowed to include threats of adverse effects on human health or the environment; and emergency response authorities may provide their response capability through an agreement with a private entity (section 1 of the bill);
* Private entities that are neither a responsible party nor otherwise compensated may claim reimbursement of specified response costs when they provide services under an agreement with the designated emergency response authority or fire department (section 3); and
* The obligation to report the presence of a hazardous substance on one's property does not apply if the substance is in typical consumer-sized packaging or when being stored or used by a farmer or rancher at a facility used in active agricultural production (section 4).

Status
01/13/2016 00:10 Introduced In House - Assigned to Local Government
01/13/2016 Introduced In House - Assigned to Local Government
Introduced In House - Assigned to Local Government
Introduced In House - Assigned to Local Government
01/28/2016 House Committee on Local Government Refer Unamended to House Committee of the Whole
House Committee on Local Government Refer Unamended to House Committee of the Whole
House Committee on Local Government Refer Unamended to House Committee of the Whole
02/01/2016 House Second Reading Passed - No Amendments
House Second Reading Passed - No Amendments
House Second Reading Passed - No Amendments
02/02/2016 House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
02/03/2016 Introduced In Senate - Assigned to Local Government
Introduced In Senate - Assigned to Local Government
Introduced In Senate - Assigned to Local Government
03/03/2016 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
03/09/2016 Senate Second Reading Passed with Amendments - Committee
Senate Second Reading Passed with Amendments - Committee
Senate Second Reading Passed with Amendments - Committee
03/10/2016 Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
03/11/2016 House Considered Senate Amendments - Result was to Concur - Repass
House Considered Senate Amendments - Result was to Concur - Repass
House Considered Senate Amendments - Result was to Concur - Repass
03/18/2016 Signed by the Speaker of the House
Signed by the Speaker of the House
Signed by the Speaker of the House
03/22/2016 Signed by the President of the Senate
03/22/2016 Sent to the Governor
Sent to the Governor
Signed by the President of the Senate
Sent to the Governor
Signed by the President of the Senate
03/31/2016 Governor Signed
Governor Signed
Governor Signed

Amendment

Senate Journal, March 7
After consideration on the merits, the Committee recommends that HB16-1046 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.


Amend reengrossed bill, page 5, line 19, after the period insert "A
PRIVATE ENTITY MAY ASSIST A FIRE DEPARTMENT OR DESIGNATED
EMERGENCY RESPONSE AUTHORITY IN PURSUING SUCH A CLAIM UNDER
SUBSECTION (3) OF THIS SECTION; HOWEVER, THE FIRE DEPARTMENT OR
DESIGNATED EMERGENCY RESPONSE AUTHORITY MUST APPROVE THE
CLAIM.".




BILL HB16-1088


CONCERNING THE AUTHORIZATION FOR A FIRE PROTECTION DISTRICT TO IMPOSE AN IMPACT FEE ON NEW DEVELOPMENT , AND, IN CONNECTION THEREWITH , ENACTING THE "PUBLIC SAFETY FAIRNESS ACT".
Sponsors: DORE

The bill authorizes the board of a fire protection district to impose an impact fee on the construction of new buildings, structures, facilities, or improvements, including oil and gas wells, on previously improved or on unimproved real property, if the impact fee is:
* Reasonably related to the overall cost of the fire protection district's services; and
* Imposed in accordance with a fee schedule that is legislatively adopted by the board and that applies to all construction of new buildings, structures, facilities, or improvements. At least 60 days before imposing the impact fee, a district shall notify in writing overlapping municipalities and counties of their right to comment on the district imposing impact fees.

Status
01/19/2016 Introduced In House - Assigned to Local Government
Introduced In House - Assigned to Local Government
02/10/2016 House Committee on Local Government Witness Testimony and/or Committee Discussion Only
House Committee on Local Government Witness Testimony and/or Committee Discussion Only
03/16/2016 House Committee on Local Government Refer Amended to House Committee of the Whole
House Committee on Local Government Refer Amended to House Committee of the Whole
03/21/2016 House Second Reading Passed with Amendments - Committee
House Second Reading Passed with Amendments - Committee
03/22/2016 House Third Reading Passed - No Amendments
03/22/2016 Introduced In Senate - Assigned to Local Government
Introduced In Senate - Assigned to Local Government
House Third Reading Passed - No Amendments
03/29/2016 Senate Committee on Local Government Refer Amended to Senate Committee of the Whole
Senate Committee on Local Government Refer Amended to Senate Committee of the Whole
03/31/2016 Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Second Reading Special Order - Passed with Amendments - Committee
04/01/2016 Senate Third Reading Passed - No Amendments
04/01/2016 House Considered Senate Amendments - Result was to Laid Over Daily
Senate Third Reading Passed - No Amendments
House Considered Senate Amendments - Result was to Laid Over Daily
04/05/2016 House Considered Senate Amendments - Result was to Concur - Repass
04/05/2016 House Considered Senate Amendments - Result was to Laid Over Daily
House Considered Senate Amendments - Result was to Concur - Repass
05/05/2016 Signed by the Speaker of the House
05/05/2016 Sent to the Governor
Sent to the Governor
Signed by the Speaker of the House
06/08/2016 Signed by Governor
06/08/2016 Governor Signed
Governor Signed

Amendment

House Journal, March 17
53 HB16-1088 be amended as follows, and as so amended, be referred to
54 the Committee of the Whole with favorable
55 recommendation:
56
1 Amend printed bill, strike everything below the enacting clause and
2 substitute:
3
4 "SECTION 1. Short title. The short title of this act is the "Public
5 Safety Fairness Act".
6 SECTION 2. In Colorado Revised Statutes, 29-20-103, add (1.3)
7 as follows:
8 29-20-103. Definitions. As used in this article, unless the context
9 otherwise requires:
10 (1.3) "FIRE AND EMERGENCY SERVICES PROVIDER" MEANS A FIRE
11 PROTECTION DISTRICT ORGANIZED UNDER ARTICLE 1 OF TITLE 32, C.R.S.,
12 OR A FIRE AUTHORITY ESTABLISHED PURSUANT TO SECTION 29-1-203.5.
13 SECTION 3. In Colorado Revised Statutes, 29-20-104.5, amend
14 (1) introductory portion, (2), (3), (4) (a), and (4) (c) as follows:
15 29-20-104.5. Impact fees - definition. (1) Pursuant to the
16 authority granted in section 29-20-104 (1) (g) and as a condition of
17 issuance of a development permit, a local government may impose an
18 impact fee or other similar development charge to fund expenditures by
19 such local government OR A FIRE AND EMERGENCY SERVICES PROVIDER
20 THAT PROVIDES FIRE PROTECTION, RESCUE, AND EMERGENCY SERVICES IN
21 THE NEW DEVELOPMENT on capital facilities needed to serve new
22 development. No impact fee or other similar development charge shall be
23 imposed except pursuant to a schedule that is:
24 (2) (a) A local government shall quantify the reasonable impacts
25 of proposed development on existing capital facilities and establish the
26 impact fee or development charge at a level no greater than necessary to
27 defray such impacts directly related to proposed development. No impact
28 fee or other similar development charge shall be imposed to remedy any
29 deficiency in capital facilities that exists without regard to the proposed
30 development.
31 (b) BEFORE ISSUING A DEVELOPMENT PERMIT:
32 (I) A LOCAL GOVERNMENT SHALL CONFER WITH ANY FIRE AND
33 EMERGENCY SERVICES PROVIDER THAT PROVIDES FIRE PROTECTION,
34 RESCUE, AND EMERGENCY MEDICAL SERVICES IN THE NEW DEVELOPMENT,
35 TOGETHER WITH THE OWNER OR DEVELOPER OF THE DEVELOPMENT, TO
36 ASSESS AND DETERMINE WHETHER THERE SHOULD BE AN IMPACT FEE OR
37 OTHER SIMILAR DEVELOPMENT CHARGE IMPOSED TO DEFRAY THE IMPACTS
38 TO THE FIRE AND EMERGENCY SERVICES PROVIDER; AND
39 (II) THE LOCAL GOVERNMENT AND FIRE AND EMERGENCY SERVICES
40 PROVIDER SHALL ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
41 DEFINING SUCH FEES OR OTHER SIMILAR DEVELOPMENT CHARGES AND THE
42 DETAILS OF COLLECTION AND REMITTANCE.
43 (c) A LOCAL GOVERNMENT THAT IMPOSES AN IMPACT FEE OR
44 OTHER SIMILAR DEVELOPMENT CHARGE TO FUND THE EXPENDITURES BY
45 A FIRE AND EMERGENCY SERVICES PROVIDER FOR A CAPITAL FACILITY
46 SHALL PAY THE IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES
47 COLLECTED TO THE FIRE PROTECTION AND EMERGENCY SERVICE
48 PROVIDER.
49 (3) Any schedule of impact fees or other similar development
50 charges adopted by a local government pursuant to this section shall
51 include provisions to ensure that no individual landowner is required to
52 provide any site specific dedication or improvement to meet the same
53 need for capital facilities for which the impact fee or other similar
54 development charge is imposed. A LOCAL GOVERNMENT SHALL NOT
55 IMPOSE AN IMPACT FEE OR OTHER SIMILAR DEVELOPMENT CHARGE ON AN
56 INDIVIDUAL LANDOWNER TO FUND EXPENDITURES FOR A CAPITAL FACILITY
1 USED TO PROVIDE FIRE, RESCUE, AND EMERGENCY SERVICES IF THE
2 LANDOWNER IS ALREADY REQUIRED TO PAY AN IMPACT FEE OR OTHER
3 SIMILAR DEVELOPMENT CHARGE FOR ANOTHER CAPITAL FACILITY USED TO
4 PROVIDE A SIMILAR FIRE, RESCUE, AND EMERGENCY SERVICE OR IF THE
5 LANDOWNER HAS VOLUNTARILY CONTRIBUTED MONEY FOR SUCH A
6 CAPITAL FACILITY.
7 (4) As used in this section, the term "capital facility" means any
8 improvement or facility that:
9 (a) Is directly related to any service that a local government OR A
10 FIRE AND EMERGENCY SERVICES PROVIDER is authorized to provide;
11 (c) Is required by the charter or general policy of a local
12 government OR FIRE AND EMERGENCY SERVICES PROVIDER pursuant to a
13 resolution or ordinance.
14 SECTION 4. In Colorado Revised Statutes, 32-1-1002, add (1)
15 (d.5) as follows:
16 32-1-1002. Fire protection districts - additional powers and
17 duties. (1) In addition to the powers specified in section 32-1-1001, the
18 board of any fire protection district has the following powers for and on
19 behalf of such district:
20 (d.5) TO RECEIVE AND SPEND AN IMPACT FEE OR OTHER SIMILAR
21 DEVELOPMENT CHARGE IMPOSED PURSUANT TO THE PROVISIONS
22 DESCRIBED IN SECTION 29-20-104.5, C.R.S.
23 SECTION 5. Safety clause. The general assembly hereby finds,
24 determines, and declares that this act is necessary for the immediate
25 preservation of the public peace, health, and safety.".
26
27

Senate Journal, March 30
After consideration on the merits, the Committee recommends that HB16-1088 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 3, strike line 9.

Page 3, line 10, strike "(I)" and substitute "(b)".

Page 3, line 12, strike "THE" and substitute "A".

Page 3, line 16, strike "PROVIDER; AND" and substitute "PROVIDER.".

Page 3, line 17, strike "(II) THE" and substitute "(c) IF A LOCAL
GOVERNMENT, IN ITS SOLE DISCRETION, ELECTS TO IMPOSE AN IMPACT FEE
OR OTHER SIMILAR DEVELOPMENT CHARGE TO FUND THE EXPENDITURES
BY A FIRE AND EMERGENCY SERVICES PROVIDER FOR A CAPITAL FACILITY,
THEN THE".

Page 3, line 19, strike "SUCH FEES OR OTHER SIMILAR DEVELOPMENT
CHARGES" and substitute "THE IMPACT FEE OR OTHER SIMILAR
DEVELOPMENT CHARGE".

Page 3, line 21, strike "(c)" and substitute "(d)".




BILL HB16-1181

Position: Support

CONCERNING A REQUIREMENT THAT A LOCAL GOVERNMENT THAT BANS HYDRAULIC FRACTURING COMPENSATE OIL AND GAS MINERAL INTEREST OWNERS AFFECTED BY THE BAN .
Sponsors: BUCK

The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the lost royalties.

Status
02/02/2016 Introduced In House - Assigned to State, Veterans, & Military Affairs
Introduced In House - Assigned to State, Veterans, & Military Affairs
02/24/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL HB16-1275

Position: Actively Monitor

CONCERNING THE TAXATION OF A CORPORATION'S STATE INCOME THAT IS SHELTERED IN A FOREIGN JURISDICTION FOR PURPOSES OF TAX AVOIDANCE.
Sponsors: FOOTE / JONES

The bill pertains to an affiliated group of corporations filing a combined report. In a combined report filing, the tax is based on a percentage of the entire taxable income of all of the includable corporations, but the tax is assessed only against the corporation or corporations doing business in Colorado. Including more affiliated corporations in the combined report may result in an increase in income subject to tax. There are jurisdictions located outside of the United States with no tax or very low rates of taxation, strict bank secrecy provisions, a lack of transparency in the operation of its tax system, and a lack of effective exchange of information with other countries. There are several common legal strategies for sheltering corporate income in such jurisdictions, often called "tax havens". Notwithstanding a current requirement in state law that those corporations with 80% or more of their property and payroll assigned to locations outside of the United States be excluded from a combined report, the bill makes a corporation that is incorporated in a foreign jurisdiction for the purpose of tax avoidance an includable C corporation for purposes of the combined report. The bill defines a corporation incorporated in a foreign jurisdiction for the purpose of tax avoidance to mean any C corporation that is incorporated in a jurisdiction that has no or nominal effective tax on the relevant income and that meets one or more of 5 factors listed in the bill, unless it is proven to the satisfaction of the executive director of the department of revenue that such corporation is incorporated in that jurisdiction for a legitimate business purpose. The bill requires the state controller to credit a specified amount per fiscal year to the state education fund to be used to help fund public school education. The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2016 asking the voters:
* To increase taxes annually by the taxation of a corporation's state income that is sheltered in a foreign jurisdiction for the purpose of tax avoidance;
* To use the resulting tax revenue to help fund elementary and secondary public school education; and
* To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).

Status
02/17/2016 Introduced In House - Assigned to Finance
02/24/2016 House Committee on Finance Refer Amended to Appropriations
03/04/2016 House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/07/2016 House Second Reading Passed with Amendments - Committee, Floor
03/07/2016 House Third Reading Laid Over to 03/09/2016 - No Amendments
03/09/2016 House Third Reading Passed - No Amendments
03/09/2016 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
03/28/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

House Journal, February 25
52 HB16-1275 be amended as follows, and as so amended, be referred to
53 the Committee on Appropriations with favorable
54 recommendation:
55
1 Amend printed bill, page 6, line 27, strike "A LEGITIMATE BUSINESS
2 PURPOSE." and substitute "REASONS THAT MEET THE ECONOMIC
3 SUBSTANCE DOCTRINE AS DESCRIBED IN SECTION 7701 (o) OF THE FEDERAL
4 "INTERNAL REVENUE CODE OF 1986", AS AMENDED.".
5
6 Page 8, line 21, strike "$________" and substitute "$75 MILLION".
7
8 Page 10, line 18, strike "16-____," and substitute "16-1275,".
9
10

House Journal, March 7
1 Amendment No. 1, Finance Report, dated February 25, 2016, and placed
2 in member's bill file; Report also printed in House Journal, February 26,
20163
4
5 Amendment No. 2, by Representative(s) Foote.
6
7 Amend printed bill, page 10, after line 8 insert:
8 "SECTION 5. In Colorado Revised Statutes, 39-22-304, add (3)
9 (o) and (3) (p) as follows:
10 39-22-304. Net income of corporation. (3) There shall be
11 subtracted from federal taxable income:
12 (o) THE AMOUNT OF SUBPART F INCOME, AS DEFINED IN SECTION
13 952 OF THE INTERNAL REVENUE CODE, THAT:
14 (I) ARISES ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH
15 (o);
16 (II) IS NOT OTHERWISE SUBTRACTED FROM FEDERAL TAXABLE
30317 INCOME, EXCEPT FOR THE SUBTRACTION ALLOWED BY SECTION 39-22-
18 (10); AND
19 (III) IS FROM A CORPORATION INCORPORATED IN A FOREIGN
20 JURISDICTION FOR THE PURPOSES OF TAX AVOIDANCE AND SUCH
21 CORPORATION IS INCLUDED IN THE COMBINED REPORT FILED PURSUANT
22 TO SECTION 39-22-303 (11).
23 (p) THE AMOUNT OF ANY DIVIDEND, INCLUDING ANY DEEMED
24 DIVIDEND PURSUANT TO SECTION 1248 OF THE INTERNAL REVENUE CODE,
25 THAT:
26 (I) IS RECEIVED BY A C CORPORATION INCLUDED IN THE
27 COMBINED REPORT FILED PURSUANT TO SECTION 39-22-303 (11);
28 (II) IS NOT OTHERWISE SUBTRACTED FROM FEDERAL TAXABLE
30329 INCOME, EXCEPT FOR THE SUBTRACTION ALLOWED BY SECTION 39-22-
30 (10); AND
31 (III) IS DISTRIBUTED OUT OF EARNINGS AND PROFITS OF A
32 CORPORATION INCORPORATED IN A FOREIGN JURISDICTION FOR THE
33 PURPOSES OF TAX AVOIDANCE AND SUCH EARNINGS AND PROFITS AROSE
34 IN A YEAR IN WHICH SUCH CORPORATION WAS INCLUDED IN THE
35 COMBINED REPORT FILED PURSUANT TO SECTION 39-22-303 (11) IN SUCH
36 YEAR.".
37
38 Renumber succeeding sections accordingly.
39 Page 11, line 9, strike "4, and 5" and substitute "4, 5, and 6".
40
41 Page 11, line 10, after "39-22-303.5 (1) (a)," insert "39-22-304 (3),".
42
43 Page 11, line 18, strike "4, and 5" and substitute "4, 5, and 6".
44
45 Amendment No. 3, by Representative(s) Foote.
46
47 Amend printed bill, page 4, after line 5 insert:
48 "(2) The general assembly further finds and declares that it is not
49 the intention of the general assembly to disallow any foreign source
50 income deduction that is otherwise allowed pursuant to section
51 39-22-303 (1), C.R.S., even though a corporation that is otherwise
52 excludable from the combined report is included as a result of House Bill
53 16-1275.".
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.




BILL HB16-1310

Position: Oppose

CONCERNING LIABILITY FOR THE CONDUCT OF OIL AND GAS OPERATIONS.
Sponsors: SALAZAR / CARROLL

Under current law governing relations between surface owners and oil and gas operators, to prevail on a claim the surface owner must present evidence that the operator's use of the surface materially interfered with the surface owner's use of the surface of the land. The bill amends this to allow proof that the operator's oil and gas operations harmed the surface owner's use of the surface of the land, caused bodily injury to the surface owner or any person residing on the property of the surface owner, or damaged the surface owner's property. The bill also holds oil and gas operators strictly liable for their conduct if oil and gas operations, including a hydraulic fracturing treatment or reinjection operation, cause an earthquake that damages property or injures an individual. A plaintiff establishes a prima facie case of causation by showing that: An earthquake has occurred; the earthquake damaged the plaintiff's property or injured the plaintiff; and the oil and gas operations occurred within an area that has been determined to have experienced induced seismicity by a study of induced seismicity that has been independently peer-reviewed. Plaintiffs have 5 years after discovery of the damages or injury to file an action.

Status
03/02/2016 Introduced In House - Assigned to Health, Insurance, & Environment
03/10/2016 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
03/14/2016 House Second Reading Laid Over to 03/16/2016 - No Amendments
03/16/2016 House Second Reading Laid Over Daily - No Amendments
03/16/2016 House Second Reading Laid Over to 03/21/2016 - No Amendments
03/17/2016 House Second Reading Special Order - Passed with Amendments - Floor
03/18/2016 House Third Reading Passed - No Amendments
03/21/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
04/28/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely

Amendment

House Journal, March 17
21 Amendment No. 1, by Representative(s) McCann.
22
23 Amend printed bill, page 2, line 7, after "by" insert "EXERCISING DUE
24 CARE TO AVOID CAUSING BODILY INJURY AND BY".
25
26 Amendment No. 2, by Representative(s) McCann.
27
28 Amend amendment no. 1, by Representative McCann, as printed in
30 "REASONABLE".
31
32 Amendment No. 3, by Representative(s) Joshi.
33
34 Amend printed bill, page 4, line 3, strike "HYDRAULIC FRACTURING
35 TREATMENT OR".
36
37 Amendment No. 4, by Representative(s) Salazar.
38
39 Amend printed bill, page 4, line 2, strike "IS STRICTLY" and substitute
40 "SHALL EXERCISE THE HIGHEST DEGREE OF CARE IN CONDUCTING
41 OPERATIONS SO AS TO AVOID CAUSING AN EARTHQUAKE. AN OPERATOR
42 THAT BREACHES THIS DUTY IS".
43
44 Page 4, line 10, after "SHOWS" insert "A BREACH OF THE DUTY
45 ESTABLISHED IN PARAGRAPH (b) OF THIS SUBSECTION (3) AND".
46
47 Page 4, line 12, strike "DAMAGED" and substitute "CAUSED DAMAGE TO".
48
49 Amendment No. 5, by Representative(s) Kraft-Tharp.
50
51 Amend printed bill, page 4, line 7, strike "CONTRACT." and substitute
52 "CONTRACT BUT IS SUBJECT TO THE AFFIRMATIVE DEFENSE SPECIFIED IN
53 SUBPARAGRAPH (II) OF PARAGRAPH (a) OF THIS SUBSECTION (3).".
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.




BILL HB16-1355

Position: Actively Oppose

CONCERNING THE ABILITY OF LOCAL GOVERNMENTS TO EXERCISE LAND USE AUTHORITY OVER OIL AND GAS FACILITIES USED IN OIL AND GAS OPERATIONS IN A MANNER ANALOGOUS TO THE SITING OF OTHER INDUSTRIAL FACILITIES.
Sponsors: FOOTE / ULIBARRI

Current law specifies that local governments have so-called "House Bill 1041" powers, which are a type of land use authority, over oil and gas mineral extraction areas only if the Colorado oil and gas conservation commission has identified a specific area for designation; sections 2 and 3 repeal that limitation. Section 4 includes specific authority to regulate the siting of oil and gas facilities in counties' existing land use authority. Section 5 makes the same changes with regard to municipalities' existing land use authority. Sections 6 and 7 specify that the Colorado oil and gas conservation commission's authority to regulate oil and gas operations, including the siting of oil and gas facilities, does not exempt oil and gas facilities from local governments' siting authority and that oil and gas operators must ensure that the location of oil and gas facilities complies with city, town, county, or city and county siting regulations.

Status
03/11/2016 Introduced In House - Assigned to State, Veterans, & Military Affairs
03/21/2016 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
04/04/2016 House Second Reading Lost with Amendments - Floor

Amendment

House Journal, March 22
33 HB16-1355 be amended as follows, and as so amended, be referred to
34 the Committee of the Whole with favorable
35 recommendation:
36
37 Amend printed bill, page 3, line 13, after "that" insert "nothing in this act
38 establishes, alters, impairs, or negates the authority of local governments
39 to regulate land use related to oil and gas operations, and that".
40
41 Page 3, line 17, strike "siting" and substitute "location".
42
43 Page 3, strike lines 19 through 27.
44
45 Page 4, strike lines 1 through 5.
46
47 Renumber succeeding sections accordingly.
48
49 Page 4, strike line 7 and substitute "(1) (a) (VI) as follows:".
50
51 Page 4, strike lines 16 through 19 and substitute:
52
53 "(VI) The uses of land for trade, industry, INCLUDING THE
54 LOCATION OF OIL AND GAS FACILITIES, residence, recreation, or other
55 purposes and for flood control.".
56
1 Page 5, line 5, strike "and" and substitute "and".
2
3 Page 5, strike lines 7 and 8 and substitute "trade, industry, INCLUDING OIL
4 AND GAS FACILITIES, residence, or other purposes.".
5 Page 6, line 15, strike "EXEMPTS" and substitute "PREEMPTS".
6
7 Page 6, line 16, strike "SITING".
8
9 Page 7, lines 1 and 2, strike "IS SUBJECT TO LOCAL GOVERNMENTS' SITING
10 AUTHORITY AS PROVIDED BY LAW AND".
11
12 Page 7, line 4, strike "SITING".
13
14 Page 7, line 6, strike "SITING" and substitute "LOCATION".
15

House Journal, April 4
45 Amendment No. 1, by Representative(s) Kraft-Tharp.
46
47 Strike the State, Veterans, and Military Affairs Committee Report, dated
48 March 21, 2016, and substitute "Amend printed bill, page 2, strike lines
49 2 through 19.
50
51 Strike page 3.
52
53 Page 4, strike lines 1 through 5.
54
55 Renumber succeeding sections accordingly.
56
1 Page 4, line 19, strike "THE SITING OF OIL AND GAS FACILITIES." and
2 substitute "OIL AND GAS FACILITIES WITH REGARD TO THEIR NOISE,
3 VISUAL, AND TRAFFIC IMPACTS.".
4
5 Page 5, line 8, strike "THE SITING OF OIL AND GAS FACILITIES." and
6 substitute "OIL AND GAS FACILITIES WITH REGARD TO THEIR NOISE,
7 VISUAL, AND TRAFFIC IMPACTS.".
8
9 Page 6, line 15, strike "THE LOCATION OF".
10
11 Page 6, line 16, strike "SITING AUTHORITY" and substitute "AUTHORITY
12 WITH REGARD TO THEIR NOISE, VISUAL, AND TRAFFIC IMPACTS".
13
14 Page 7, strike lines 1 through 6 and substitute "OPERATOR IS SUBJECT TO
15 LOCAL GOVERNMENTS' AUTHORITY WITH REGARD TO OIL AND GAS
16 FACILITIES' NOISE, VISUAL, AND TRAFFIC IMPACTS AS PROVIDED BY LAW
17 AND SHALL ENSURE THAT OIL AND GAS FACILITIES COMPLY WITH CITY,
18 TOWN, COUNTY, OR CITY AND COUNTY REGULATIONS WITH REGARD TO OIL
19 AND GAS FACILITIES' NOISE, VISUAL, AND TRAFFIC IMPACTS. NOTHING IN
20 THIS SECTION IMPAIRS OR NEGATES THE AUTHORITY OF LOCAL
21 GOVERNMENTS TO REGULATE OIL AND GAS FACILITIES WITH REGARD TO
22 THEIR NOISE, VISUAL, AND TRAFFIC IMPACTS.".".
23
24 As amended, declared lost on Second Reading.
25
26




BILL HB16-1370


CONCERNING THE REGULATION OF NICOTINE PRODUCT RETAILERS.
Sponsors: SINGER / COOKE

There is not currently a comprehensive list of retailers in the state that sell cigarettes, tobacco products, or nicotine products (retailers). Commencing in 2017, section 2 of the bill requires retailers to register with the liquor enforcement division in the department of revenue (division). The division is required to keep a retailer's registration information confidential. The division is authorized to impose a $500 fine on a retailer that fails to register with the division. Section 1 increases the appropriation to the division from the tobacco education programs fund, which fund consists of 16% of the money collected from cigarette and tobacco taxes, from $350,000 to $500,000 and directs the division to use up to $150,000 of the money for the administration of the retailers registry. Section 3 applies the hearing procedures established for other nicotine product sales violations to violations of the requirement that a retailer register with the division. Section 4 increases the civil penalties a retailer would face for violating the prohibitions against selling cigarettes, tobacco products, or nicotine products to minors or selling individual cigarettes, a pack of cigarettes containing fewer than twenty cigarettes, or roll-your-own tobacco in a package containing less than 0.60 ounces of tobacco. From state cigarette tax money, the state currently apportions 27% to cities, towns, and counties (local governments) in proportion to the amount of state sales tax revenues collected within the boundaries of the local governments. A local government is prohibited from receiving its allocation of this money if it imposes its own fees, licenses, or taxes on cigarette sales. Section 5 expands the arrangement to cover other tobacco product tax revenues and to prohibit a local government from receiving its allocation of the money if the local government imposes its own fees, licenses, or taxes on tobacco product or nicotine product sales. Under current law, if a tobacco product distributor ships or transports tobacco products to a consumer outside of the state between September 1, 2015, and September 1, 2018, and reports and pays the taxes on those tobacco products, the department of revenue may credit the tax to the distributor. Section 6 modifies that tax credit provision to apply indefinitely.

Status
03/16/2016 Introduced In House - Assigned to Business Affairs and Labor
04/28/2016 House Committee on Business Affairs and Labor Postpone Indefinitely


BILL HB16-1430

Position: Oppose

CONCERNING THE IMPLEMENTATION OF A RECOMMENDATION OF THE OIL AND GAS TASK FORCE REGARDING THE SHARING OF OIL AND GAS OPERATORS' DEVELOPMENT PLANS WITH AFFECTED LOCAL GOVERNMENTS.
Sponsors: LEBSOCK

The Colorado oil and gas conservation commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur.

Status
04/01/2016 Introduced In House - Assigned to Transportation & Energy
04/13/2016 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
04/20/2016 House Second Reading Passed with Amendments - Committee
04/21/2016 House Third Reading Passed - No Amendments
04/22/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
04/28/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely

Amendment

House Journal, April 14
19 HB16-1430 be amended as follows, and as so amended, be referred to
20 the Committee of the Whole with favorable
21 recommendation:
22
23 Amend printed bill, page 2, line 18, after "GOVERNMENT" insert "THAT
24 HAS REGISTERED WITH THE COMMISSION PURSUANT TO PARAGRAPH (b) OF
25 THIS SUBSECTION (2)".
26
27 Page 2, after line 20 insert:
28
29 "(b) TO BE QUALIFIED TO RECEIVE THE INFORMATION SPECIFIED IN
30 THIS SECTION A LOCAL GOVERNMENT MUST REGISTER WITH THE
31 COMMISSION A STATEMENT OF ITS INTENT TO BE COVERED BY THIS
32 SECTION. A LOCAL GOVERNMENT THAT HAS SO REGISTERED WITH THE
33 COMMISSION MAY FILE A STATEMENT WITH THE COMMISSION TO REVOKE
34 ITS REGISTRATION.".
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 3, line 4, after "GOVERNMENT" insert "THAT IS CURRENTLY
39 REGISTERED WITH THE COMMISSION PURSUANT TO PARAGRAPH (b) OF THIS
40 SUBSECTION (2)".
41
42 Page 3, line 10, strike "AND".
43
44 Page 3, line 17, strike "APPROVAL." and substitute "PERMITS; AND
45 (III) AN OPERATOR SHALL PROVIDE THE WELL ESTIMATES
46 REQUESTED PURSUANT TO THIS SECTION USING REASONABLE BUSINESS
47 JUDGMENT BASED ON INFORMATION KNOWN TO THE OPERATOR AS OF THE
48 DATE THE ESTIMATES ARE REQUESTED. WELL ESTIMATES ARE SUBJECT TO
49 CHANGE AT ANY TIME AT THE OPERATOR'S SOLE DISCRETION.".
50




BILL HB16-1433


CONCERNING THE CREATION OF A RESERVE THAT INCLUDES STATE SEVERANCE TAX REVENUE THAT IS A VOTER-APPROVED REVENUE CHANGE TO THE CONSTITUTIONAL LIMITATION ON STATE FISCAL YEAR SPENDING, AND, IN CONNECTION THEREWITH , CREATING THE SEVERANCE TAX RESERVE FUND; REQUIRING SEVERANCE TAX REVENUE THAT EXCEEDS AN ANNUAL CAP TO BE DEPOSITED IN THE RESERVE; SEEKING VOTER APPROVAL TO RETAIN AND SPEND THE SEVERANCE TAX REVENUE DEPOSITED IN THE RESERVE; PERMITTING THE GENERAL ASSEMBLY TO USE MONEY FROM THE RESERVE IF THERE IS INSUFFICIENT MONEY TO PAY FOR PROGRAMS SUPPORTED BY THE SEVERANCE TAX; AND REQUIRING ANY MONEY IN THE RESERVE THAT EXCEEDS A RESERVE CAP TO BE TRANSFERRED TO THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND.
Sponsors: HAMNER / STEADMAN

Beginning July 1, 2017, section 1 of the bill caps the total amount of severance tax gross receipts that are deposited in the state severance tax trust fund and the local government severance tax fund. The amount of the cap is equal to $180 million for the 2017-18 fiscal year, adjusted for inflation each fiscal year thereafter. The state treasurer is required to transfer any money above the cap to the severance tax reserve fund (reserve), which is created in section 2. If the money in the state severance tax operational fund (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 for the program or it may appropriate money from the reserve to the fund or, if applicable, to a cash fund that receives money from the operational fund. There is a cap on the amount of money in the reserve that is equal to 2 times the severance tax gross receipts cap. The state treasurer is required to transfer any money at the end of a fiscal year in the reserve that is above the reserve cap to the Colorado water conservation board construction fund. Section 5 includes a conforming amendment to reflect that the Colorado water conservation board construction fund includes these transfers. Section 3 requires the secretary of state to refer a ballot question to the voters at the election held on November 8, 2016, to seek voter approval for the state to retain and spend any severance tax revenue that is deposited in the reserve as a voter-approved revenue change to the constitutional limitation on state fiscal year spending. This voter-approved revenue change is conditioned on the state not repealing or reducing any of the existing severance tax exemptions or credits. Section 4 makes an adjustment to the excess state revenues cap so that, if approved, the new voter-approved revenue change is not included in the accounting for the revenue change that the voters made when they approved Referendum C.

Status
04/05/2016 Introduced In House - Assigned to Finance
04/27/2016 House Committee on Finance Postpone Indefinitely


BILL HB16-1468


CONCERNING COSTS THAT MAY BE DEDUCTED BY A TAXPAYER AS TRANSPORTATION, MANUFACTURING, AND PROCESSING COSTS FOR PURPOSES OF CALCULATING THE NET AMOUNT REALIZED BY THE TAXPAYER FOR THE SALE OF OIL AND GAS.
Sponsors: BECKER K. / STEADMAN

The bill limits the costs that may be deducted by a taxpayer for transportation, manufacturing, and processing costs for purposes of calculating the net amount realized by the taxpayer for the sale of oil and gas for purposes of calculating the excise tax on the severance of oil and gas.

Status
05/09/2016 Introduced In House - Assigned to State, Veterans, & Military Affairs
05/09/2016 House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole
05/09/2016 House Second Reading Laid Over Daily - No Amendments
05/10/2016 House Second Reading Special Order - Laid Over to 05/12/2016 - No Amendments

Amendment

House Journal, May 9
28 Amendment No. 1, by Representative(s) Becker K.
29
30 Amend printed bill, page 3, strike lines 7 and 8 and substitute "purposes
31 of this paragraph (a):
32 (I) "DIRECT COSTS FOR TRANSPORTING OIL OR GAS" MEANS COSTS
33 INCURRED FOR ANYTHING THAT OPERATES DIRECTLY TO MOVE OIL OR GAS
34 FROM THE POINT AFTER GATHERING IS COMPLETE UNTIL THE OIL OR GAS
35 IS SOLD;
36 (II) "DIRECT COSTS FOR PROCESSING OIL OR GAS" MEANS COSTS
37 INCURRED FOR ANYTHING THAT OPERATES DIRECTLY TO REFINE THE OIL
38 OR GAS WELL STREAM INTO ONE OR MORE SEPARATE MARKETABLE
39 COMMODITIES. SUCH COSTS INCLUDE ONLY COSTS INCURRED AFTER
40 GATHERING IS COMPLETE BUT PRIOR TO SALE OF THE COMMODITY.
41 (III) "DIRECT COSTS FOR MANUFACTURING OIL OR GAS" MEANS
42 COSTS INCURRED FOR ANYTHING THAT OPERATES DIRECTLY TO
43 TRANSFORM OIL OR GAS INTO A NEW AND DIFFERENT PRODUCT THAT IS
44 SUBSEQUENTLY SOLD; AND
45 (IV) "Related parties" shall be defined by the department of
46 revenue pursuant to rules and regulations.".
47
48 As amended, laid over until May 10, retaining place on Calendar.
49
50 On motion of Representative Duran, the remainder of the Special Orders
51 Calendar SB16-056, 200, 186, 104, HB16-1343, SB16-003, 143, 036 was
52 laid over until May 10, retaining place on Calendar.
53




BILL SB16-046

Position: Neutral

CONCERNING MANAGEMENT OF THE PROCESS OF RESPONDING TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S RULES FOR THE REGULATION OF CARBON DIOXIDE EMISSIONS FROM ELECTRIC GENERATING UNITS IN A MANNER THAT MAXIMIZES COLORADO'S ABILITY TO CONTROL ITS AFFAIRS.
Sponsors: COOKE

The federal environmental protection agency (EPA) has promulgated rules to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units (the "clean power plan"). The rules require states to submit a plan to the EPA detailing how they will comply with the clean power plan, but allow states to qualify for a 2-year extension on filing a plan by filing an "initial submittal". The bill directs the air quality control commission (AQCC) to:
* Conduct a public input process necessary to make the initial submittal and thereby qualify for the 2-year extension without making any binding commitments in any way not required by the express provisions of the clean power plan, including to submit a state plan in the future;
* Consider specific factors in developing the state plan; and
* Submit a report, prepared jointly with the public utilities commission, to the general assembly that discusses the proposed state plan in connection with the factors. Once the AQCC prepares a draft plan, it must submit it to the general assembly. The AQCC cannot submit the plan to the EPA unless the general assembly has approved it by adoption of a joint resolution. If a court stays the clean power plan or holds that it is invalid, implementation of the state plan must be suspended or terminated, as appropriate. The existing process for legislative review of state implementation plans is expanded to include a state plan as required by the clean power plan.

Status
01/19/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
03/17/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely


BILL SB16-056

Position: Neutral

CONCERNING BROADENING PROTECTIONS OF THE STATE WHISTLEBLOWER PROTECTION LAW FOR STATE EMPLOYEES WHO DISCLOSE CONFIDENTIAL INFORMATION TO CERTAIN STATE ENTITIES THAT HAVE LEGAL REQUIREMENTS TO PRESERVE THE CONFIDENTIALITY OF THE INFORMATION DISCLOSED.
Sponsors: LAMBERT

The bill broadens the protections of the state whistleblower protection law by specifying that no appointing authority or supervisor may take disciplinary action against a state employee for disclosing information that is not subject to public inspection under the "Colorado Open Records Act", or that is confidential under any other provision of law, to any of the following state entities that are designated as whistleblower review agencies:
* The office of legislative legal services;
* The state attorney general; or
* The commission on judicial discipline. The bill requires whistleblower review agencies to:
* Confer with each other within 30 days of receiving information and agree on whether information disclosed to a whistleblower review agency is confidential under law and, if so, to maintain the confidentiality of information if required by law;
* Release information to members of the general assembly and to the public if information is determined to be releasable;
* Maintain records of information disclosed to whistleblower review agencies and the decisions of the whistleblower review agencies with respect to the information; and
* Designate a person or persons as a point of contact for whistleblower review agency activities and publicize the information. Within 60 days after receiving any information, a whistleblower review agency may confer with and transfer the information to the entity having jurisdiction or authority to investigate any allegation of unlawful behavior.

Status
01/19/2016 Introduced In Senate - Assigned to Judiciary
Introduced In Senate - Assigned to Judiciary
04/11/2016 Senate Committee on Judiciary Refer Amended to Appropriations
Senate Committee on Judiciary Refer Amended to Appropriations
04/22/2016 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
04/25/2016 Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Second Reading Special Order - Passed with Amendments - Committee
04/26/2016 Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
04/27/2016 Introduced In House - Assigned to State, Veterans, & Military Affairs
Introduced In House - Assigned to State, Veterans, & Military Affairs
05/09/2016 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
05/09/2016 House Second Reading Laid Over Daily - No Amendments
House Second Reading Laid Over Daily - No Amendments
House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
05/10/2016 House Second Reading Special Order - Passed with Amendments - Committee
House Second Reading Special Order - Passed with Amendments - Committee
05/11/2016 House Third Reading Passed - No Amendments
05/11/2016 Senate Considered House Amendments - Result was to Concur - Repass
Senate Considered House Amendments - Result was to Concur - Repass
House Third Reading Passed - No Amendments
05/18/2016 Signed by the President of the Senate
Signed by the President of the Senate
05/20/2016 Signed by the Speaker of the House
05/20/2016 Sent to the Governor
Sent to the Governor
Signed by the Speaker of the House
06/10/2016 Governor Signed
Governor Signed

Amendment

Senate Journal, April 12
After consideration on the merits, the Committee recommends that SB16-056 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, amend 24-50.5-101
as follows:
24-50.5-101. Legislative declaration. (1) The general assembly
hereby declares that the people of Colorado are entitled to information
about the workings of state government in order to reduce the waste and
mismanagement of public funds, to reduce abuses in government
authority, and to prevent illegal and unethical practices. The general
assembly further declares that employees of the state of Colorado are
citizens first and have a right and a responsibility to behave as good
citizens in our common efforts to provide sound management of
governmental affairs. To help achieve these objectives, the general
assembly declares that state employees should be encouraged to disclose
information on actions of state agencies that are not in the public interest
and that legislation is needed to ensure that any employee making such
disclosures shall not be subject to disciplinary measures or harassment by
any public official.
(2) THE GENERAL ASSEMBLY FURTHER DECLARES THAT THE
PURPOSE OF THE CREATION OF WHISTLEBLOWER REVIEW AGENCIES IN THIS
ARTICLE IS TO PROVIDE A MECHANISM FOR DETERMINING WHETHER
INFORMATION ABOUT STATE OPERATIONS OR CONDUCT PROVIDED BY A
STATE EMPLOYEE MAY BE MADE PUBLIC BY A STATE EMPLOYEE
WHISTLEBLOWER, EITHER TO MEMBERS OF THE GENERAL ASSEMBLY OR
ULTIMATELY TO THE PUBLIC, WHILE PROTECTING THAT STATE EMPLOYEE
FROM PUNITIVE ACTION AND WHILE MAINTAINING THE CONFIDENTIAL
NATURE OF INFORMATION WHERE REQUIRED BY LAW.
SECTION 2. In Colorado Revised Statutes, 24-50.5-102, add (6)
as follows:
24-50.5-102. Definitions. As used in this article, unless the
context otherwise requires:
(6) "WHISTLEBLOWER REVIEW AGENCY" MEANS THE DIRECTOR OF
THE OFFICE OF LEGISLATIVE LEGAL SERVICES UNDER PART 5 OF ARTICLE
3 OF TITLE 2, C.R.S., OR THE DIRECTOR'S DESIGNEE, THE ATTORNEY
GENERAL UNDER ARTICLE 31 OF THIS TITLE, OR THE ATTORNEY GENERAL'S
DESIGNEE, OR THE STATE COURT ADMINISTRATOR UNDER SECTION
13-3-101, C.R.S., OR THE STATE COURT ADMINISTRATOR'S DESIGNEE.
SECTION 3. In Colorado Revised Statutes, amend 24-50.5-103
as follows:
24-50.5-103. Retaliation prohibited. (1) Except as provided in
subsection (2) of this section, no AN appointing authority or supervisor
shall NOT initiate or administer any disciplinary action against an
employee on account of the employee's disclosure of information. This
section shall SUBSECTION (1) DOES not apply to AN EMPLOYEE WHO
DISCLOSES:
(a) An employee who discloses Information that he OR SHE knows
to be false or who discloses information with disregard for the truth or
falsity thereof OF THE INFORMATION;
(b) An employee who discloses Information from public records
which THAT are closed to public inspection pursuant to section
24-72-204; OR
(c) An employee who discloses WITHOUT LAWFUL AUTHORITY,
information which THAT is confidential under any other provision of law.
(2) It shall be the obligation of An employee who wishes to
disclose information under the protection of this article IS OBLIGATED to
make a good-faith effort to provide to his OR HER supervisor or
appointing authority or member of the general assembly the information
to be disclosed prior to the time of its disclosure.
(3) SUBSECTION (2) AND PARAGRAPHS (b) AND (c) OF
SUBSECTION (1) OF THIS SECTION DO NOT APPLY TO AN EMPLOYEE WHO
DISCLOSES INFORMATION TO A WHISTLEBLOWER REVIEW AGENCY.
(4) AN EMPLOYEE SHALL DISCLOSE INFORMATION UNDER
SUBSECTION (3) OF THIS SECTION TO THE ATTORNEY GENERAL OR THE
ATTORNEY GENERAL'S DESIGNEE UNLESS THE INFORMATION DISCLOSED
INVOLVES AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LAW. IF THE
INFORMATION DISCLOSED UNDER SUBSECTION (3) OF THIS SECTION
INVOLVES AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF LAW, AN
EMPLOYEE MAY DISCLOSE THE INFORMATION TO ANY WHISTLEBLOWER
REVIEW AGENCY. ACCESS TO INFORMATION RECEIVED BY A
WHISTLEBLOWER REVIEW AGENCY UNDER THIS SECTION IS LIMITED TO
ONLY THOSE PERSONS CONDUCTING THE REVIEW.
(5) (a) (I) WITHIN THIRTY DAYS AFTER RECEIPT OF ANY
INFORMATION DISCLOSED UNDER SUBSECTION (3) OF THIS SECTION, A
WHISTLEBLOWER REVIEW AGENCY SHALL DETERMINE IN WRITING
WHETHER OR NOT THE INFORMATION IS:
(A) CLOSED TO PUBLIC INSPECTION UNDER SECTION 24-72-204;
OR
(B) CONFIDENTIAL UNDER ANY OTHER PROVISION OF LAW.
(II) EACH WHISTLEBLOWER REVIEW AGENCY SHALL MAINTAIN THE
CONFIDENTIAL NATURE OF ANY INFORMATION DETERMINED TO BE CLOSED
TO PUBLIC INSPECTION OR CONFIDENTIAL UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH (a).
(b) IF A WHISTLEBLOWER REVIEW AGENCY DETERMINES THAT ANY
INFORMATION DISCLOSED UNDER SUBSECTION (3) OF THIS SECTION
INCLUDES TRADE SECRETS, OR CONFIDENTIAL COMMERCIAL, FINANCIAL,
GEOLOGICAL, OR GEOPHYSICAL DATA, THE WHISTLEBLOWER REVIEW
AGENCY SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE
INFORMATION.
(c) (I) IF THERE IS A SUBSTANTIAL LIKELIHOOD THAT
INFORMATION DISCLOSED UNDER SUBSECTION (3) OF THIS SECTION TO A
WHISTLEBLOWER REVIEW AGENCY WILL BE RELEASED TO THE PUBLIC FOR
REASONS INCLUDING THAT THE WHISTLEBLOWER REVIEW AGENCY
DETERMINES IN WRITING THAT THE INFORMATION IS NOT CONFIDENTIAL,
THAT A REQUEST FOR INSPECTION OF THE INFORMATION EXISTS UNDER
PART 2 OF ARTICLE 72 OF THIS TITLE, OR THAT A PERSON REQUESTS A
COURT TO COMPEL RELEASE OF THE INFORMATION, THE WHISTLEBLOWER
REVIEW AGENCY SHALL IMMEDIATELY GIVE WRITTEN NOTICE TO THE
OWNER OF THE INFORMATION THAT THE WHISTLEBLOWER REVIEW
AGENCY IS IN POSSESSION OF THE INFORMATION IN CONNECTION WITH A
DISCLOSURE OF INFORMATION UNDER SUBSECTION (3) OF THIS SECTION.
WRITTEN NOTICE UNDER THIS PARAGRAPH (c) TOLLS THE TIME PERIOD
FOR THE INSPECTION OF RECORDS UNDER SECTION 24-72-203 (3) UNTIL A
REASONABLE TIME AFTER THE THIRTY-DAY TIME PERIOD SPECIFIED IN
SUBSECTION (6) OF THIS SECTION AND THE CONCLUSION OF ANY LEGAL
PROCEEDINGS UNDER SUBSECTION (6) OF THIS SECTION. A
WHISTLEBLOWER REVIEW AGENCY SHALL NOT RELEASE ANY
INFORMATION SUBJECT TO A NOTICE UNDER THIS PARAGRAPH (c) UNTIL
THIRTY DAYS AFTER THE DATE THAT WRITTEN NOTICE IS GIVEN TO THE
OWNER OF THE INFORMATION UNDER THIS PARAGRAPH (c).
(II) THE WRITTEN NOTICE MUST CONTAIN THE DETERMINATION OF
THE WHISTLEBLOWER REVIEW AGENCY WITH RESPECT TO WHETHER THE
INFORMATION IS CONFIDENTIAL AND THE CIRCUMSTANCES CONSTITUTING
A SUBSTANTIAL LIKELIHOOD THAT THE INFORMATION WILL BE RELEASED
TO THE PUBLIC.
(III) THE WRITTEN NOTIFICATION REQUIREMENT OF THIS
PARAGRAPH (c) DOES NOT APPLY IF A WHISTLEBLOWER REVIEW AGENCY
MAKES A GOOD-FAITH EFFORT TO LOCATE THE OWNER OF THE
INFORMATION AND REASONABLY DETERMINES THAT THE OWNER CANNOT
BE LOCATED.
(6) ANY PERSON NOTIFIED UNDER PARAGRAPH (c) OF SUBSECTION
(5) OF THIS SECTION WHO COULD BE HARMED BY THE RELEASE OF
INFORMATION DESCRIBED UNDER PARAGRAPH (b) OF SUBSECTION (5) OF
THIS SECTION AND DISCLOSED UNDER SUBSECTION (3) OF THIS SECTION TO
A WHISTLEBLOWER REVIEW AGENCY MAY, WITHIN THIRTY DAYS AFTER
RECEIVING NOTICE UNDER PARAGRAPH (c) OF SUBSECTION (5) OF THIS
SECTION, FILE AN ACTION UNDER RULE 65 OF THE COLORADO RULES OF
CIVIL PROCEDURE AGAINST THE WHISTLEBLOWER REVIEW AGENCY IN
POSSESSION OF THE INFORMATION IN THE DISTRICT COURT FOR THE CITY
AND COUNTY OF DENVER FOR INJUNCTIVE RELIEF PROHIBITING RELEASE
OF THE INFORMATION.
(7) (a) SUBJECT TO SUBSECTION (6) OF THIS SECTION,
IMMEDIATELY AFTER RECEIVING ANY INFORMATION UNDER SUBSECTION
(3) OF THIS SECTION, A WHISTLEBLOWER REVIEW AGENCY SHALL NOTIFY
THE SUPERVISOR OR APPOINTING AUTHORITY OF THE EMPLOYEE THAT THE
WHISTLEBLOWER REVIEW AGENCY HAS RECEIVED THE INFORMATION AND
THAT NO RETALIATORY ACTION MAY BE TAKEN AGAINST THE EMPLOYEE
EXCEPT UNDER THE LIMITED CIRCUMSTANCES DESCRIBED IN PARAGRAPH
(a) OF SUBSECTION (1) OF THIS SECTION.
(b) SUBJECT TO SUBSECTION (6) OF THIS SECTION, WITHIN SIXTY
DAYS AFTER RECEIVING ANY INFORMATION UNDER SUBSECTION (3) OF
THIS SECTION, A WHISTLEBLOWER REVIEW AGENCY MAY CONFER WITH
AND TRANSFER THE INFORMATION TO THE ENTITY HAVING JURISDICTION
OR AUTHORITY TO INVESTIGATE ANY ALLEGATION OF UNLAWFUL
BEHAVIOR.
(8) EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, IF
A WHISTLEBLOWER REVIEW AGENCY DETERMINES THAT THE
INFORMATION OR A PORTION OF THE INFORMATION RECEIVED IS NOT
PROHIBITED FROM DISCLOSURE UNDER SECTION 24-72-204 OR IS NOT
OTHERWISE CONFIDENTIAL UNDER ANY OTHER PROVISION OF LAW, THAT
INFORMATION MAY BE RELEASED TO THE GENERAL ASSEMBLY OR THE
PUBLIC UPON REQUEST. EACH WHISTLEBLOWER REVIEW AGENCY SHALL
MAINTAIN RECORDS OF INFORMATION DISCLOSED TO THE
WHISTLEBLOWER REVIEW AGENCY UNDER SUBSECTION (3) OF THIS
SECTION AND OF THE ACTION OF THE WHISTLEBLOWER REVIEW AGENCY
WITH RESPECT TO THE INFORMATION.
(9) EACH WHISTLEBLOWER REVIEW AGENCY SHALL DESIGNATE A
PERSON OR PERSONS AS A POINT OF CONTACT FOR FUNCTIONS UNDER THIS
SECTION AND SHALL MAKE THE CONTACT INFORMATION FOR THAT PERSON
OR THOSE PERSONS PUBLIC, BOTH ON THE WEBSITE OF THE
WHISTLEBLOWER REVIEW AGENCY AND BY ANY OTHER APPROPRIATE
MEANS.
(10) IF THE PERSON OR PERSONS DESIGNATED UNDER SUBSECTION
(9) OF THIS SECTION BECOME AWARE THAT INFORMATION FROM PUBLIC
RECORDS THAT ARE CLOSED TO PUBLIC INSPECTION UNDER SECTION
24-72-204 OR INFORMATION THAT IS OTHERWISE CONFIDENTIAL UNDER
THE LAW IS DETERMINED TO HAVE BEEN DISCLOSED AT ANY TIME
WITHOUT LAWFUL AUTHORITY, THE PERSON OR PERSONS DESIGNATED IN
SUBSECTION (9) OF THIS SECTION SHALL MAKE REASONABLE EFFORTS TO
NOTIFY THE OWNER OF THE INFORMATION WITHIN A REASONABLE TIME.
SECTION 4. Effective date - applicability. This act takes effect
upon passage and applies to any information disclosed by a state
employee to a whistleblower review agency on or after said date.
SECTION 5. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

Senate Journal, April 22
After consideration on the merits, the Committee recommends that SB16-056 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend the Judiciary Committee Report, dated April 11, 2016, page 2,
line 29, strike "law." and substitute "law OR CLOSED TO PUBLIC
INSPECTION UNDER SECTIONS 24-72-204 (2) (a) (I) AND (2) (a) (VIII).".

House Journal, May 9
51 SB16-056 be amended as follows, and as so amended, be referred to
52 the Committee of the Whole with favorable
53 recommendation:
54
1 Amend reengrossed bill, page 2, line 4, strike "declaration." and
2 substitute "declaration - repeal.".
3
4 Page 3, line 8, after "(2)" insert "(a)".
5
6 Page 3, after line 16, insert:
7
8 "(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE MAY 15,
9 2018.".
10
11 Page 3, line 19, strike "Definitions." and substitute "Definitions -
12 repeal.".
13
14 Page 3, line 21, after "(6)" insert "(a)".
15
16 Page 3, after line 26, insert:
17
18 "(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE MAY 15,
19 2018.".
20
21 Page 4, line 2, strike "prohibited." and substitute "prohibited - repeal.".
22
23 Page 8, after line 23 insert:
24
25 "(11) SUBSECTIONS (3) TO (10) OF THIS SECTION AND THIS
26 SUBSECTION (11) ARE REPEALED, EFFECTIVE MAY 15, 2018.
27
28 SECTION 4. In Colorado Revised Statutes, add 24-50.5-108 as
29 follows:
30
31 24-50.5-108. Working group - broadening protections for state
32 employee whistleblowers - confidential information subject of
33 whistleblowing - preserving confidentiality of confidential
34 information - repeal. (1) THE GOVERNOR SHALL CONVENE A WORKING
35 GROUP ON BROADENING PROTECTIONS FOR STATE EMPLOYEE
36 WHISTLEBLOWERS WHO MAY BE REQUIRED TO DISCLOSE CONFIDENTIAL
37 INFORMATION THAT IS THE SUBJECT OF WHISTLEBLOWING. THE WORKING
38 GROUP CONSISTS OF THE FOLLOWING:
39
40 (a) A REPRESENTATIVE OF THE OFFICE OF THE GOVERNOR,
41 DESIGNATED BY THE GOVERNOR;
42 (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL
43 OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
44 (c) A REPRESENTATIVE OF THE OFFICE OF THE ATTORNEY GENERAL,
45 DESIGNATED BY THE ATTORNEY GENERAL;
46 (d) THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES
47 OR THE DIRECTOR'S DESIGNEE.
48 (2) (a) THE WORKING GROUP SHALL EXAMINE THE
49 WHISTLEBLOWER PROTECTION LAWS OF THE FEDERAL GOVERNMENT AND
50 OF OTHER STATES AND COMPARE THOSE LAWS TO COLORADO'S
51 WHISTLEBLOWER PROTECTION LAW AS CONTAINED IN THIS ARTICLE. THE
52 WORKING GROUP SHALL DETERMINE MEANS OF BROADENING THE
53 WHISTLEBLOWER PROTECTIONS IN COLORADO LAW FOR SITUATIONS
54 WHERE THE SUBJECT OF WHISTLEBLOWING INVOLVES CONFIDENTIAL
55 INFORMATION THAT WOULD NEED TO BE DISCLOSED IN SOME MANNER IN
56 ORDER TO BRING TO LIGHT ACTIVITIES INCLUDING THE WASTE OF PUBLIC
1 FUNDS, ABUSE OF AUTHORITY, OR MISMANAGEMENT. THE WORKING GROUP
2 SHALL DETERMINE METHODS BY WHICH CONFIDENTIAL INFORMATION
3 COULD BE DISCLOSED WHILE PRESERVING THE CONFIDENTIAL NATURE OF
4 THE INFORMATION. THE WORKING GROUP SHALL INCLUDE INPUT FROM
5 ADVOCACY ORGANIZATIONS INCLUDING BUSINESS, PRIVACY ADVOCATES,
6 AND EMPLOYEE ADVOCATES.
7 (b) MEETINGS OF THE WORKING GROUP ARE SUBJECT TO PART 4 OF
8 ARTICLE 6 OF THIS TITLE, AND THE WORKING GROUP IS SUBJECT TO THE
9 "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF THIS TITLE.
10 (3) BY NOVEMBER 1, 2016, THE WORKING GROUP SHALL REPORT
11 ITS RECOMMENDATIONS TO THE COMMITTEE ON LEGAL SERVICES AND TO
12 THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY.
13 (4) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2018.".
14
15 Renumber succeeding sections accordingly.
16
17




BILL SB16-061

Position: Neutral

CONCERNING THE PROTECTION OF ELECTRIC UTILITY RATEPAYERS FROM THE INCREASED COSTS ASSOCIATED WITH IMPLEMENTATION OF REQUIREMENTS TO REGULATE CARBON DIOXIDE EMISSIONS FROM EXISTING FOSSIL-FUEL-FIRED ELECTRIC GENERATING UNITS.
Sponsors: COOKE

The bill directs the public utilities commission to create a ratepayer protection program, pursuant to which an electric utility's increased costs attributable to compliance with the federal environmental protection agency's regulations that limit carbon dioxide emissions from existing fossil-fuel-fired electric generating units are paid from a state fund rather than by the utility's customers. The fund is financed by appropriations from the stationary sources control fund.

Status
01/19/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
03/10/2016 Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
04/01/2016 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/05/2016 Senate Second Reading Passed with Amendments - Committee
Senate Second Reading Passed with Amendments - Committee
04/06/2016 Senate Third Reading Passed - No Amendments
04/06/2016 Introduced In House - Assigned to Transportation & Energy + Appropriations
Introduced In House - Assigned to Transportation & Energy + Appropriations
Senate Third Reading Passed - No Amendments
04/27/2016 House Committee on Transportation & Energy Postpone Indefinitely
House Committee on Transportation & Energy Postpone Indefinitely

Amendment

Senate Journal, April 1
After consideration on the merits, the Committee recommends that SB16-061 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Agriculture, Natural Resources, & Energy Committee Report,
dated March 10, 2016, page 2, after line 23 insert:

"Page 11 of the bill, strike line 27.

Page 12 of the bill, strike line 1 and substitute:
"SECTION 10. Appropriation. (1) For the 2016-17 state fiscal
year, $164,310 is appropriated to the department of regulatory agencies
for use by the public utilities commission. This appropriation is from the
ratepayer protection fund created in section 24-38.5-110 (1), C.R.S., and
is based on an assumption that the public utilities commission will
require an additional 2.0 FTE. To implement this act, the public utilities
commission may use this appropriation for personal services.
(2)The money appropriated in subsection (1) of this section
becomes available if:
(a) The stay issued in the case of Chamber of Commerce v. EPA
is lifted by June 30, 2016;
(b) The case of Chamber of Commerce v. EPA is decided in favor
of the federal environmental protection agency and allows for the
implementation of the federal clean power plan; and
(c) The attorney general notifies, in writing, the state treasurer that
a final judgment has been entered and the applicable period to file a writ
of certiorari, if any, has expired in the case of Chamber of Commerce v.
EPA regarding the federal emissions regulations.
SECTION 11. Effective date - applicability. This act takes
effect upon passage and applies to conduct occurring on or after said
date.".

Renumber succeeding sections accordingly.

Page 1, line 105, strike "UNITS." and substitute "UNITS, AND, IN
CONNECTION THEREWITH , MAKING AN APPROPRIATION.".".




BILL SB16-092

Position: Neutral

CONCERNING THE AUTHORIZATION OF THE STATE TO ACT PURSUANT TO THE FEDERAL "OIL POLLUTION ACT OF 1990".
Sponsors: GRANTHAM / RANKIN

Joint Budget Committee. Current law authorizes the department of public health and environment and the attorney general to act as trustees under the federal "Comprehensive Environmental Response, Compensation, and Liability Act" (aka Superfund) for the receipt of natural resource damages and to conduct and expend money for response actions. The bill adds the federal "Oil Pollution Act of 1990" as a source of natural resource damages and as authority for response actions that the department and attorney general may conduct and expend money on.

Status
01/29/2016 Introduced In Senate - Assigned to Appropriations
Introduced In Senate - Assigned to Appropriations
02/12/2016 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/17/2016 Senate Second Reading Passed - No Amendments
Senate Second Reading Passed - No Amendments
02/18/2016 Senate Third Reading Passed - No Amendments
02/18/2016 Introduced In House - Assigned to Appropriations
Introduced In House - Assigned to Appropriations
Senate Third Reading Passed - No Amendments
03/04/2016 House Committee on Appropriations Refer Unamended to House Committee of the Whole
House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/07/2016 House Second Reading Passed - No Amendments
House Second Reading Passed - No Amendments
03/08/2016 House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
03/15/2016 Signed by the President of the Senate
03/15/2016 Signed by the Speaker of the House
Signed by the Speaker of the House
Signed by the President of the Senate
03/18/2016 Sent to the Governor
Sent to the Governor
03/23/2016 Governor Signed
Governor Signed


BILL SB16-097

Position: Neutral

CONCERNING MEASURES TO ENSURE THAT REVENUE RELATED TO THE SEVERANCE OF MINERALS IN THE STATE IS USED IN AREAS MOST IMPACTED BY THE SEVERANCE.
Sponsors: SCOTT / CORAM

The bill prohibits transfers to the general fund from the following funds (mineral severance fund):
* Higher education federal mineral lease revenues fund (section 2);
* Higher education maintenance and reserve fund (section 2);
* Local government permanent fund (section 4);
* Local government mineral impact fund (section 4); or
* Local government severance tax fund (section 5). In addition, the governor is prohibited from restricting the money in each of these funds from being used as required by law for the purpose of saving the restricted money for a future transfer to the general fund. For purposes of preparing the annual general appropriation act, section 1 of the bill limits the joint budget committee's ability to use money in the mineral severance fund for any purpose that is not authorized by law or that does not benefit the political subdivisions impacted by the severance of minerals, and section 3 imposes the same limitation on the governor when he or she proposes an annual executive budget. Section 1 also restricts the joint budget committee from introducing legislation to waive this limitation. Section 5 changes the allocation of the money in the local government severance tax fund. The proportion of the fund used for direct distributions is increased from 30% to 60%, and the proportion of the fund used for direct distributions is decreased for grants from 70% to 40%. In addition, the executive director is restricted to only giving a grant to a political subdivision that received more than $200,000 from its direct distribution in the prior state fiscal year.

Status
01/29/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
03/10/2016 Senate Committee on Agriculture, Natural Resources, & Energy Witness Testimony and/or Committee Discussion Only
Senate Committee on Agriculture, Natural Resources, & Energy Witness Testimony and/or Committee Discussion Only
03/17/2016 Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
04/15/2016 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/20/2016 Senate Second Reading Laid Over Daily - No Amendments
Senate Second Reading Laid Over Daily - No Amendments
04/21/2016 Senate Second Reading Laid Over Daily - No Amendments
Senate Second Reading Laid Over Daily - No Amendments
04/22/2016 Senate Second Reading Laid Over Daily - No Amendments
Senate Second Reading Laid Over Daily - No Amendments
04/25/2016 Senate Second Reading Passed with Amendments - Committee
Senate Second Reading Passed with Amendments - Committee
04/26/2016 Senate Third Reading Passed - No Amendments
04/26/2016 Introduced In House - Assigned to Local Government + Finance
Introduced In House - Assigned to Local Government + Finance
Senate Third Reading Passed - No Amendments
05/04/2016 House Committee on Local Government Refer Unamended to Finance
House Committee on Local Government Refer Unamended to Finance
05/05/2016 House Committee on Finance Postpone Indefinitely
House Committee on Finance Postpone Indefinitely

Amendment

Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB16-097 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 5, line 25 and 26, strike "amend (1) (b) (I) and
(1) (c) (I) introductory portion; and".

Strike page 6.

Page 7, strike lines 1 through 16 and substitute "administration -
definitions. (8) BEGINNING JANUARY 1, 2016, TRANSFERS FROM THE
LOCAL".




BILL SB16-117

Position: Support

CONCERNING A LIMITATION ON A STATE AGENCY'S AUTHORITY TO IMPOSE A FINE.
Sponsors: SONNENBERG

For purposes of the bill, a "discretionary fine" means a penalty in an amount set by a state agency that is capped in law at $1,000 or more or that has no statutory cap. A state agency is prohibited from imposing a discretionary fine unless:
* The state agency provides written notice of the violation of the state law or rule to the violator; and
* The violator fails to cure the violation on or before the 20th business day after receipt of the written notice of the violation. The bill also establishes a maximum amount of a discretionary fine, notwithstanding any specific provision of law to the contrary. But this maximum only applies if a violator provides the state agency with the requested information that allows the state agency to determine the maximum amount.

Status
02/01/2016 Introduced In Senate - Assigned to Finance
Introduced In Senate - Assigned to Finance
02/25/2016 Senate Committee on Finance Refer Amended to Appropriations
Senate Committee on Finance Refer Amended to Appropriations
04/15/2016 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/20/2016 Senate Second Reading Passed with Amendments - Committee
Senate Second Reading Passed with Amendments - Committee
04/21/2016 Senate Third Reading Laid Over Daily - No Amendments
Senate Third Reading Laid Over Daily - No Amendments
04/22/2016 Senate Third Reading Laid Over Daily - No Amendments
Senate Third Reading Laid Over Daily - No Amendments
04/25/2016 Senate Third Reading Passed - No Amendments
Senate Third Reading Passed - No Amendments
04/26/2016 Introduced In House - Assigned to Finance + Appropriations
Introduced In House - Assigned to Finance + Appropriations
05/05/2016 House Committee on Finance Postpone Indefinitely
House Committee on Finance Postpone Indefinitely

Amendment

Senate Journal, February 26
After consideration on the merits, the Committee recommends that SB16-117 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 2, strike lines 8 through 17 and substitute:

"(1) "DESIGNATED FINE" MEANS A PENALTY THAT IS:
(a) IMPOSED BY A STATE AGENCY ON A NATURAL PERSON,
BUSINESS ENTITY, OR POLITICAL SUBDIVISION FOR A VIOLATION OF A
STATE STATUTE OR A STATE AGENCY RULE;
(b) AT LEAST ONE THOUSAND DOLLARS PER VIOLATION OR IN
TOTAL FOR RELATED VIOLATIONS; AND
(c) NOT A CRIMINAL PENALTY.".

Renumber succeeding subsection accordingly.

Page 3, line 1, strike "DISCRETIONARY" and substitute "DESIGNATED".

Page 3, line 5, strike "TWENTIETH BUSINESS DAY AFTER RECEIPT OF" and
substitute "THIRTIETH CALENDAR DAY AFTER THE STATE AGENCY MAILS".

Page 3, line 9, strike "DISCRETIONARY" and substitute "DESIGNATED".

Page 3, line 17, strike "TEN" and substitute "FIVE".

Page 3, line 19, strike "DISCRETIONARY" and substitute "DESIGNATED".

Page 4, line 1, strike "TWENTIETH DAY AFTER RECEIPT OF" and substitute
"THIRTIETH CALENDAR DAY AFTER THE STATE AGENCY MAILS".

Senate Journal, April 18
After consideration on the merits, the Committee recommends that SB16-117 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, after line 4 insert:

"SECTION 2. Appropriation. (1) For the 2016-17 state fiscal
year, $1,068,554 is appropriated to the department of revenue. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $1,044,554 for use by the taxation business group for CITA
annual maintenance and support; and
(b) $24,000 for use by the executive director's office for postage.
(2) For the 2016-17 state fiscal year, $330,619 is appropriated to
the department of labor and employment for use by the division of
unemployment insurance. This appropriation is from the employment
support fund created in section 8-77-109 (1) (b) (I), C.R.S., and is based
on an assumption that the division will require an additional 3.5 FTE. To
implement this act, the division may use this appropriation for program
costs.
(3) For the 2016-17 state fiscal year, $104,421 is appropriated to
the department of labor and employment for use by the division of
workers' compensation. This appropriation is from the workers'
compensation cash fund created in section 8-44-112 (7) (a), C.R.S. To
implement this act, the division may use this appropriation as follows:
(a) $91,815 for personal services related to workers'
compensation, which amount is based on an assumption that the division
will require an additional 2.1 FTE; and
(b) $12,606 for operating expenses related to workers'
compensation.
(4) For the 2016-17 state fiscal year, $109,572 is appropriated to
the department of regulatory agencies for use by the public utilities
commission. This appropriation is from the public utilities commission
motor carrier fund created in section 40-2-110.5 (6), C.R.S. To
implement this act, the commission may use this appropriation as
follows:
(a) $99,723 for personal services, which amount is based on an
assumption that the commission will require an additional 1.6 FTE; and
(b) $9,849 for operating expenses.
(4) For the 2016-17 state fiscal year, $22,014 is appropriated to
the department of regulatory agencies for use by the division of
professions and occupations. This appropriation is from the division of
professions and occupations cash fund created in section 24-34-105 (2)
(b) (I), C.R.S. To implement this act, the commission may use this
appropriation as follows:
(a) $19,944 for personal services, which amount is based on an
assumption that the commission will require an additional 0.3 FTE; and
(b) $2,070 for operating expenses.
(5) For the 2016-17 state fiscal year, $4,678 is appropriated to the
department of regulatory agencies for use by the division of real estate.
This appropriation is from the division of real estate cash fund created in
section 12-61-111.5 (2) (b), C.R.S. To implement this act, the division
may use this appropriation as follows:
(a) $4,238 for personal services, which amount is based on an
assumption that the division will require an additional 0.1 FTE; and
(b) $440 for operating expenses.
(6) For the 2016-17 state fiscal year, $825 is appropriated to the
department of regulatory agencies for use by the division of real estate.
This appropriation is from the mortgage company and loan originator
cash fund created in section 12-61-908 (2), C.R.S. To implement this act,
the division may use this appropriation as follows:
(a) $748 for personal services, which amount is based on an
assumption that the division will require an additional 0.1 FTE; and
(b) $77 for operating expenses.
(7) For the 2016-17 state fiscal year, $11,598 is appropriated to
the department of public health and environment for use by the
administration and support division. This appropriation is from the
general fund. To implement this act, the division may use this
appropriation as follows:
(a) $11,283 for personal services related to administration, which
amount is based on an assumption that the division will require an
additional 0.2 FTE; and
(b) $315 for operating expenses related to administration.".

Renumber succeeding section accordingsly.

Page 1, line 102, strike "FINE." and substitute "FINE, AND, IN
CONNECTION THEREWITH , MAKING AN APPROPRIATION.".




BILL SB16-129

Position: Strongly Oppose

CONCERNING THE REPLACEMENT OF THE WORD "FOSTER" WITH "ADMINISTER" IN STATUTE SO AS TO REQUIRE NEUTRAL ADMINISTRATION BY THE COLORADO OIL AND GAS CONSERVATION COMMISSION WITH RESPECT TO ITS OVERSIGHT OF OIL AND GAS OPERATIONS.
Sponsors: JONES / ARNDT

The bill implements a recommendation of the Colorado oil and gas task force to clarify the balanced responsibilities that the Colorado oil and gas conservation commission has with respect to its oversight of oil and gas operations.

Status
02/18/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
03/02/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely


BILL SB16-175


CONCERNING A STATE INCOME TAX CREDIT FOR RETAIL DEALERS SELLING E-15 GASOLINE.
Sponsors: GRANTHAM / PABON

The bill creates an income tax credit for retail dealers selling E-15 gasoline. The amount of credit to which a taxpayer is entitled is $.03 per gallon of E-15 gasoline sold in the tax year for which the credit is claimed. The credit is available for 3 tax years, commencing January 1, 2017. Any portion of the credit to which a taxpayer is entitled but exceeds the taxpayer's income tax liability may not be carried forward, but must be refunded to the taxpayer.

Status
03/28/2016 Introduced In Senate - Assigned to Finance + Appropriations
Introduced In Senate - Assigned to Finance + Appropriations
04/14/2016 Senate Committee on Finance Postpone Indefinitely
Senate Committee on Finance Postpone Indefinitely


BILL SB16-203


CONCERNING THE EVALUATION OF STATE TAX EXPENDITURES.
Sponsors: LAMBERT / HAMNER

Joint Budget Committee. The bill specifies that the state auditor is responsible for evaluating the state's tax expenditures. The evaluation must include the following:
* A summary description of the purpose, intent, or goal of the tax expenditure;
* The intended beneficiaries of the tax expenditure;
* Whether the tax expenditure is accomplishing its purpose, intent, or goal;
* An explanation of the intended economic costs and benefits of the tax expenditure, with analyses to support the evaluation if they are available or reasonably possible;
* A comparison of the tax expenditure to other similar tax expenditures in other states;
* Whether there are other tax expenditures, federal or state spending, or other government, nonprofit, commercial, volunteer, or philanthropic programs that have the same or similar purpose, intent, or goal as the tax expenditure, whether those all are appropriately coordinated, and, if not, how coordination could be improved, or whether any redundancies can be eliminated;
* If the evaluation of a particular tax expenditure's economic impact is made difficult because of data constraints, any suggestions for changes in administration or law that would facilitate such data collection; and
* An explanation of the performance measures used to determine the extent to which the tax expenditure is accomplishing its purpose, intent, or goal. The bill specifies that the performance measures must be clear and relevant to the specific tax expenditure being evaluated, should be measurable and track actionable goals, and can be assessable and reportable over time. To the extent it can be determined by the state auditor, the tax expenditure evaluation should also include the following:
* The extent to which the tax expenditure is a cost-effective use of resources compared to other options for using the same resources to address the same purpose, intent, or goal;
* An analysis of the tax expenditure's effect on competition and on business and stakeholder needs;
* Whether there are any opportunities to improve the effectiveness of the tax expenditure in meeting its purpose, intent, or goal; and
* An analysis of the effect of the state tax policies connected to local taxing jurisdictions on the overall purpose, intent, or goal of the tax expenditure. The bill specifies that the state auditor must present the results in the form of an annual evaluation report that is posted on the general assembly's website.

Status
04/26/2016 Introduced In Senate - Assigned to Appropriations
Introduced In Senate - Assigned to Appropriations
04/29/2016 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
04/29/2016 Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
05/02/2016 Senate Third Reading Passed - No Amendments
05/02/2016 Introduced In House - Assigned to Appropriations
Introduced In House - Assigned to Appropriations
Senate Third Reading Passed - No Amendments
05/05/2016 House Committee on Appropriations Refer Unamended to Legislative Council
05/05/2016 House Committee on Refer Unamended to Legislative Council
House Committee on Refer Unamended to Legislative Council
05/06/2016 House Committee on Legislative Council Refer Unamended to House Committee of the Whole
House Committee on Legislative Council Refer Unamended to House Committee of the Whole
05/09/2016 House Second Reading Laid Over Daily - No Amendments
05/09/2016 House Second Reading Special Order - Passed - No Amendments
House Second Reading Special Order - Passed - No Amendments
05/10/2016 House Second Reading Special Order - Passed - No Amendments
05/10/2016 House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
05/18/2016 Signed by the President of the Senate
Signed by the President of the Senate
05/20/2016 Signed by the Speaker of the House
05/20/2016 Sent to the Governor
Sent to the Governor
Signed by the Speaker of the House
06/06/2016 Governor Signed
Governor Signed

Amendment

Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB16-203 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 7, strike lines 6 and 7 and substitute "GENERAL
ASSEMBLY'S WEBSITE, AND, NOTWITHSTANDING SECTION 24-1-136 (9),
C.R.S., THE STATE AUDITOR SHALL DELIVER A COPY OF THE REPORT TO
THE JOINT BUDGET COMMITTEE AND THE FINANCE COMMITTEES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES. THE STATE AUDITOR
SHALL ENSURE THE FIRST EVALUATION REPORT IS DELIVERED AND POSTED
NO LATER THAN SEPTEMBER".

Page 7, line 8, strike "THE POSTING OF".

Page 7, line 9, after "REPORTS" insert "ARE DELIVERED AND POSTED".

Page 8, after line 5 insert:

"SECTION 4. Appropriation. For the 2016-17 state fiscal year,
$212,149 is appropriated to the legislative department for use by the
office of the state auditor. This appropriation is from the general fund
and is based on an assumption that the office will require an additional
2.7 FTE. To implement this act, the office may use this appropriation for
evaluating and reporting on state tax expenditures.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "EXPENDITURES." and substitute
"EXPENDITURES, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION.".


Appro-
priations





BILL SB16-207

Sponsors: CADMAN & SCHEFFEL / HULLINGHORST & DURAN

*** No bill summary available ***

Status
04/28/2016 Introduced In Senate - Assigned to Local Government


BILL SB16-211


CONCERNING CONTESTS TO SPECIFIED SPECIAL DISTRICT ELECTIONS THAT ARE MADE ON GROUNDS RELATING TO ELECTOR QUALIFICATIONS, AND, IN CONNECTION THEREWITH , IMPOSING A JURISDICTIONAL BAR ON CONTESTS OF CERTAIN ELECTIONS AND VALIDATING THE QUALIFICATIONS OF CERTAIN ACTORS WHEN TIMELY CONTESTS CHALLENGING THOSE QUALIFICATIONS HAVE NOT BEEN FILED.
Sponsors: CADMAN / HULLINGHORST

With specified exceptions, the bill prohibits contests of special district elections on the grounds that an elector was unqualified either to vote or to serve on a special district board of directors, and otherwise validates such elections conducted prior to April 21, 2016, and on May 3, 2016.

Status
05/02/2016 Introduced In Senate - Assigned to Local Government
Introduced In Senate - Assigned to Local Government
05/03/2016 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
05/03/2016 Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Second Reading Special Order - Passed with Amendments - Committee
Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
05/04/2016 Senate Third Reading Passed - No Amendments
05/04/2016 Introduced In House - Assigned to Local Government
Introduced In House - Assigned to Local Government
Senate Third Reading Passed - No Amendments
05/05/2016 House Committee on Local Government Refer Unamended to House Committee of the Whole
05/05/2016 House Committee on Local Government Refer Unamended to House Committee of the Whole
05/05/2016 House Second Reading Laid Over Daily - No Amendments
House Second Reading Laid Over Daily - No Amendments
House Committee on Local Government Refer Unamended to House Committee of the Whole
05/09/2016 House Second Reading Special Order - Passed - No Amendments
House Second Reading Special Order - Passed - No Amendments
05/10/2016 House Third Reading Passed - No Amendments
House Third Reading Passed - No Amendments
05/11/2016 Signed by the President of the Senate
05/11/2016 Signed by the Speaker of the House
Signed by the President of the Senate
Signed by the Speaker of the House
05/12/2016 Sent to the Governor
Sent to the Governor
05/18/2016 Signed by Governor
05/18/2016 Governor Signed
Governor Signed

Amendment

Senate Journal, May 3
After consideration on the merits, the Committee recommends that SB16-211 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 5, line 14, after "CHALLENGED," insert "EXCEPT
AS PROVIDED IN THIS SUBSECTION (6),".

Page 5, line 18, after "CHALLENGED," insert "EXCEPT AS PROVIDED IN THIS
SUBSECTION (6),".

Page 6, after line 3 insert:

"(c) NOTHING IN THIS SUBSECTION (6) IS INTENDED TO LIMIT
CHALLENGES BY LEGAL PROCEEDINGS IN THE NATURE OF QUO WARRANTO
TO THE CONTINUING SERVICE OF PERSONS APPOINTED OR ELECTED TO A
BOARD WHO MAY NO LONGER BE ELIGIBLE TO SERVE IN ACCORDANCE WITH
SECTION 32-1-905 TOGETHER WITH CHALLENGES TO THE ACTIONS OF SUCH
BOARD TAKEN AFTER INITIATION OF THOSE LEGAL PROCEEDINGS.".


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