| Bill # |
Category | CML Position | Position | Calendar Notification | Short Title | Sponsors | Bill Summary | Most Recent Status |
| HB17-1016 | Urban Renewal | Support | No Effect | NOT ON CALENDAR | Exclude Value Mineral Resources Tax Increment Financing Division | L. Saine | M. Gray / B. Martinez Humenik | R. Zenzinger | The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect.
The bill defines the terms 'mineral resources' and 'valuation attributable to the extraction of mineral resources.'
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/8/2017 Governor Signed
|
| HB17-1029 | State Mandate | Neutral | Neutral | NOT ON CALENDAR | Open Records Subject To Inspection Denial | P. Lawrence / B. Gardner | The bill allows a custodian to deny access to confidential personal information records and employee personal e-mail addresses. The provisions of the 'Colorado Open Records Act' that relate to civil or administrative investigations and trade secrets and other privileged and confidential information apply to the judicial branch.
(Note: This summary applies to this bill as introduced.)
| 2/2/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1034 | Marijuana | Neutral | Monitor | NOT ON CALENDAR | Medical Marijuana License Issues | D. Pabon / R. Baumgardner | The retail marijuana code requires a license for retail marijuana business operators. The bill creates a corresponding medical marijuana business operator license. Under current law, a medical marijuana licensee may move his or her location within the city or county where the business is licensed upon approval of the local and state licensing authority. Under the retail marijuana code, a licensee can move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction to conform with the retail marijuana code.
Under the retail marijuana code, if a test result indicated the presence of any substance determined to be injurious to health, the licensee has an opportunity to remediate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate the product, then the licensee shall document and properly destroy the adulterated product. The bill gives a medical marijuana licensee the same opportunity to remediate its product.
The bill allows medical marijuana-infused product manufacturers to sell or buy medical marijuana from another medical marijuana-infused product manufacturer.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/16/2017 Governor Signed
|
| HB17-1039 | Public Safety | Neutral | Monitor | NOT ON CALENDAR | Restorative Justice Communication Issues | P. Lee / D. Kagan | The bill allows the district attorney to consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences, as part of a recommended sentence in a plea bargain. The bill directs that the presentence report must indicate whether the offender meets the minimum eligibility requirements for participation in restorative justice practices.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Governor Signed
|
| HB17-1042 | Education | | | NOT ON CALENDAR | Increasing Funding For Full-day Kindergarten | J. Wilson | Under existing law, the 'Public School Finance Act of 1994' funds kindergarten students as half-day pupils plus the supplemental kindergarten enrollment, which is an additional .08 of a full-day pupil. The bill increases the supplemental kindergarten enrollment for the 2017-18 budget year and each budget year thereafter to .16 of a full-day pupil.
(Note: This summary applies to this bill as introduced.)
| 1/23/2017 House Committee on Education Refer Unamended to Appropriations
|
| HB17-1061 | Transportation | Neutral | Monitor | NOT ON CALENDAR | Modify Definition Of Commercial Vehicle | J. Becker | J. Melton / R. Scott | N. Todd | Transportation Legislation Review Committee. The bill increases the minimum weight for classification as a commercial vehicle subject to the statutory and regulatory standards for commercial vehicles from 10,001 pounds to 16,001 pounds unless the vehicle is registered for use in interstate commerce. With respect to vehicles that would be classified as commercial vehicles but for the fact that they weigh between 10,001 and 16,000 pounds, the chief of the Colorado state patrol is authorized to adopt rules that authorize the Colorado state patrol to:
Annually inspect these vehicles;
Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and
Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Governor Signed
|
| HB17-1063 | Eco Devo | Oppose | Monitor/Support | NOT ON CALENDAR | Reduce Business Personal Property Taxes | T. Leonard / L. Crowder | T. Neville | Under current law, if a business has less than $7,300 of personal property that would be listed on a single personal property schedule, then the personal property is exempt from the property tax and the business is not required to submit a schedule to the county assessor. With respect to this exemption, the bill reduces the amount of personal property tax that businesses pay by:
Increasing the exemption that applies per schedule from $7,300 to $50,000, adjusted for inflation in the future, which increase will allow more businesses to avoid filing personal property tax schedules; and
Allowing businesses whose personal property value exceeds the total exemption amount to claim the exemption.
For public utilities that are assessed statewide, the property tax administrator currently considers all of a public utility's tangible property within the state as a factor in determining the value of the public utility as a unit. The bill modifies the valuation process by:
Exempting the first $50,000 or an inflation-adjusted amount of personal property from the property tax and excluding it from the administrator's consideration for valuation purposes; and
Excluding the exempt personal property from the public utility's statement of property that it files with the administrator.(Note: This summary applies to this bill as introduced.)
| 2/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1065 | Land Use | Neutral | No Effect | NOT ON CALENDAR | Clarify Requirements Formation Metropolitan District | K. Lewis / V. Marble | Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the land owners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation.
Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/23/2017 Governor Signed
|
| HB17-1067 | Housing | Neutral | Monitor | NOT ON CALENDAR | Update National Standards Citations Accessible Housing | D. Thurlow / A. Kerr | Statutory Revision Committee.
The bill amends references to an out-of-date version of a standard, formerly promulgated by the American national standards institute but now promulgated by the international code council, that governs construction of accessible housing.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/8/2017 Governor Signed
|
| HB17-1070 | Public Safety | Support | No Effect | NOT ON CALENDAR | Study Drone Use By Public Safety Agencies | J. Wilson / K. Donovan | D. Coram | The bill requires the center of excellence (center) within the division of fire prevention and control within the department of public safety (department), upon receiving sufficient money in the form of gifts, grants, and donations, to conduct a study concerning the integration of unmanned aircraft systems (UAS) within state and local government operations that relate to certain public-safety functions (study). At a minimum, the study must:
Identify the most feasible and readily available ways to integrate UAS technology within local and state government functions relating to firefighting, search and rescue, accident reconstruction, and emergency management; and
Include consideration of privacy concerns, costs, and timeliness of deployment.
The bill also creates, upon receipt of sufficient money in the form of gifts, grants, and donations, a UAS pilot program (pilot program) to integrate UAS within state and local government operations that relate to certain public-safety functions. The bill requires the center to operate the pilot program.
Not later than one month after completing the study, the center shall submit a report to the wildfire matters review committee and to the judiciary committees of the house of representatives and senate, or to any successor committees. The report must address each item of the center's study, as well as the results of the pilot program.
The bill adds the study and the pilot program as permissible uses of money from the existing Colorado firefighting air corps fund.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| HB17-1083 | Public Safety | Support | Support | NOT ON CALENDAR | Municipal Judge Advisement For Traffic Offenses | L. Liston (R) / B. Gardner | House Bill 16-1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations for which the penalty is only a fine and for which jail is not a possibility.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/13/2017 Governor Signed
|
| HB17-1089 | Education | | | NOT ON CALENDAR | Parent Choice In Low-performing School Districts | P. Lundeen | The bill identifies a school district that is accredited with priority improvement plan or accredited with turnaround plan for 5 consecutive school years as a chronically low-performing school district. A chronically low-performing school district must establish a parent choice program under which it creates a parent choice account for the parent of each student who resides within and is enrolled in the school district. The school district must deposit into each account the per-pupil amount of the state share of total program and the per-pupil share of categorical program funding, as applicable to the student, that the school district receives for the school year and may deposit the per-pupil amount of the local share of total program that the school district collects for the school year. If the school district does not deposit the per-pupil amount of the local share, it is not authorized to collect property tax for that school year, but the state share is calculated as if the school district collected the property tax.
A parent may withdraw money from his or her account only to purchase educational services for the parent's child. Educational services include enrolling the child in certain public schools, including online schools, of a school district other than the chronically low-performing school district or in certain institute charter schools. A parent may also choose to enroll his or her student in a public school of the chronically low-performing school district, in which case the school district is not required to deposit money in the parent's account while the student is enrolled in the public school. The parent may change educational services or public schools at any time during the school year.
The school district must adopt procedures by which a parent may withdraw money from his or her account and by which he or she must report to the school district how the money is used. If a parent misuses money from the account, the parent must reimburse the money to the school district. If a parent misuses money 2 times in a school year, the school district will stop depositing money into the account and notify the parent that he or she may enroll the student in a school of the school district. A parent who disputes the accounting may appeal to the school district board of education and, if dissatisfied with the board's decision, to the state board of education.
The school district must operate the parent choice program until the school district achieves the status of accredited or higher. While operating the program, the school district continues to be subject to school district accountability requirements, including ensuring that the students enrolled in the school district participate in state assessments, and is held accountable for the academic performance of students who are enrolled in the school district, regardless of whether the students are enrolled in schools of the school district.
Each chronically low-performing school district is deemed to be a school district of innovation. It must submit an innovation plan to the state board of education and may exercise the powers that are provided to school districts of innovation.
(Note: This summary applies to this bill as introduced.)
| 2/13/2017 House Committee on Education Postpone Indefinitely
|
| HB17-1090 | Eco Devo | | Support | NOT ON CALENDAR | Advanced Industry Investment Tax Credit Extension | T. Kraft-Tharp | J. Wilson / B. Gardner | J. Kefalas | A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000.
The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. From 2019 through 2022, the total maximum amount of credits for a calendar year is increased to $1.5 million. Beginning with the 2018 calendar year, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply.
The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed.
In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| HB17-1100 | Land Use | Support | Monitor/Support | NOT ON CALENDAR | Owner Tax Obligation For District Voter Eligibility | M. Gray | Currently, a person may qualify as an eligible elector in certain district elections if the person is an owner of taxable real (or, for some districts, personal) property situated within the boundaries of the district or the area to be included in the district. Further, a person is considered to be an owner for election purposes if the person is obligated to pay taxes under a contract to purchase such taxable property.
For a person qualifying as an eligible elector as an owner by virtue of a contract to purchase taxable property in elections in the following types of districts, the bill mandates that the tax obligation must require the person to pay taxes prior to the date of purchase:
Local governments, as defined in the 'Local Government Election Code' (i.e., any district, business improvement district, special district created pursuant to title 32 of the Colorado Revised Statutes, authority, or political subdivision of the state, authorized by law to conduct an election; but does not include a county, school district, regional transportation district, or municipality) ( section 1 of the bill);
Law enforcement authorities ( section 2 );
Public improvement districts ( section 3 );
Local improvement districts ( section 4 );
Downtown development authorities ( section 5 );
Special districts formed under the 'Special District Act' ( sections 6 and 7 );
The urban drainage and flood control district ( section 8 );
Water conservancy districts ( section 9 ); and
Groundwater management districts ( section 10 ).(Note: This summary applies to this bill as introduced.)
| 2/15/2017 House Committee on Local Government Postpone Indefinitely
|
| HB17-1102 | Transportation | Support | Support | NOT ON CALENDAR | Prohibit Nuisance Exhibition Motor Vehicle Exhaust | J. Ginal / D. Coram | The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a gross vehicle weight rating of 14,000 pounds or less in a manner that would harass another driver, a bicyclist, or a pedestrian and obstruct or obscure the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1123 | Home Rule/Local Control | Support | Monitor | NOT ON CALENDAR | Extend On-premises Retail Alcohol Beverages Sales Hours | S. Lebsock | D. Thurlow / V. Marble | Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m.
The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
|
| HB17-1124 | Oil & Gas | Oppose | Monitor | NOT ON CALENDAR | Local Government Liable Fracking Ban Oil And Gas Moratorium | P. Buck / T. Neville | 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 mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium.
(Note: This summary applies to this bill as introduced.)
| 2/22/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1160 | Education | | | NOT ON CALENDAR | Kindergarten Through Third Grade English Learner Reading Assessment Language | M. Hamner | J. Wilson / R. Fields | K. Priola | The bill specifies that, if a student enrolled in kindergarten or one of grades one through 3 is an English language learner, the school district or charter school in which the student is enrolled will decide whether the student takes the reading assessments in English or in the student's native language if there is an approved assessment available in the student's native language. If the student takes the assessments in his or her native language, the school district or charter school may also administer the assessments in English if requested by the student's parent. If a student who is an English language learner takes the reading assessments in his or her native language, the school district or charter school must determine the level of English proficiency at which the student will take the reading assessments in English and communicate that proficiency level to the student's parent.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| HB17-1161 | Urban Renewal | Oppose | Oppose | NOT ON CALENDAR | TIF Tax Increment Financing Transparency | S. Beckman | Not later than 90 days after the end of the first fiscal year of an urban renewal authority (authority) after the governing body of a municipality has approved an urban renewal plan (plan) that allocates any incremental property or sales tax revenues of any taxing entity other than the municipality, and on the same day each year thereafter, the bill requires the authority to prepare a report for public distribution.
The authority is required to send a copy of the report by first class mail and by e-mail to each taxing entity other than the municipality whose incremental property or sales tax revenues will be allocated under the plan.
The bill specifies items the report is to address.
With the annual report, the bill also requires an authority to submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. As part of the audit, the certified public accountant is also required to report whether the authority has used any incremental property or sales tax revenues for any unauthorized purposes other than for eligible costs. In connection with the preparation of the report, the authority must also provide any other financial information that is reasonably required by the governing body of the municipality.
If the audit finds that any incremental property or sales tax revenues have been used for any unauthorized purposes, the authority is liable for the repayment of such incremental tax revenues to the taxing entities whose incremental property or sales tax revenues were allocated under the plan.
(Note: This summary applies to this bill as introduced.)
| 2/21/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
|
| HB17-1162 | Public Safety | Support | Monitor | NOT ON CALENDAR | Outstanding Judgments And Driver's Licenses | M. Gray / B. Gardner | Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/18/2017 Governor Signed
|
| HB17-1163 | State Mandate | Oppose unless amended | Oppose unless amended | NOT ON CALENDAR | Candidate Petition Filing Deadlines And Signatures | J. Everett / V. Marble | T. Neville | The bill extends the amount of time that elections officials may review candidate petitions by making a concomitant reduction in the amount of time that candidates may circulate such petitions.
The bill also increases the number of signers needed to qualify petitions for candidates for certain partisan public offices.
(Note: This summary applies to this bill as introduced.)
| 3/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1166 | Transportation | Oppose | Monitor/Support | NOT ON CALENDAR | Access Between Highways And Adjoining Businesses | C. Navarro / K. Grantham | The bill adds public convenience and the provision of reasonable access to and from public highways and adjoining businesses to the existing purposes for which the department of transportation (CDOT) and local governments are authorized to regulate access to public highways and specifically requires the provision of reasonable access to and from public highways and adjoining businesses to be considered in the development by CDOT of a state highway access code (code). The bill also specifies that if failure to grant a variance from the code would deny reasonable access to or from a business adjoining a divided state highway and the far side of the divided state highway, the denial may amount to a taking that requires just compensation under constitutional and statutory provisions pertaining to eminent domain.
(Note: This summary applies to this bill as introduced.)
| 2/22/2017 House Committee on Transportation & Energy Postpone Indefinitely
|
| HB17-1167 | EcoDev | Oppose | Monitor/Oppose | NOT ON CALENDAR | Existing Businesses In Business Improvement District | T. Leonard / T. Neville | A business improvement district (district) is a type of special district created within a municipality to fund certain types of improvements that will, among other things, promote the continued vitality of existing business areas within the municipality. The law currently allows a municipality to include areas in a district that do not have any existing businesses. The bill requires these areas to have existing businesses.
(Note: This summary applies to this bill as introduced.)
| 2/21/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
|
| HB17-1169 | Housing | Neutral | Monitor | NOT ON CALENDAR | Construction Defect Litigation Builder's Right To Repair | T. Leonard / J. Tate | The bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages.
(Note: This summary applies to this bill as introduced.)
| 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1170 | Housing | Neutral | | NOT ON CALENDAR | State Housing Board Rules Eliminate Double Inspections | C. Kennedy | The bill requires the state housing board to work cooperatively with the Colorado housing and finance authority to promulgate rules that will result in the reduction of duplicative inspections required by low-income housing programs.
(Note: This summary applies to this bill as introduced.)
| 3/15/2017 House Committee on Local Government Postpone Indefinitely
|
| HB17-1171 | Transportation | Neutral | Neutral | NOT ON CALENDAR | Authorize New Transportation Revenue Anticipation Notes | T. Carver | P. Buck | In 1999, the voters of the state authorized the executive director of the department of transportation (executive director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.
Section 3 of the bill repeals a requirement that the state treasurer make conditional transfers, which are reduced or eliminated if the state is required to refund excess state revenues in accordance with the taxpayer's bill of rights, of a specified percentage of total general fund revenues from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20.
Section 4 of the bill requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5 billion once the TRANs already issued are repaid in full. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 6 of the bill until the notes are fully repaid.
Section 5 of the bill requires proceeds from the sale of any additional TRANs that are not otherwise pledged for the payment of the TRANs to be used only for specified projects until all of the projects have been funded in whole or in part with such proceeds and have been fully funded and specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.
Sections 6 and 7 of the bill require 10% of state sales and use tax net revenue collected on or after July 1, 2017, to be credited to the highway users tax fund (HUTF), paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects. Section 6 also requires 1% of state sales and use tax net revenue collected on or after July 1, 2017, less ten million dollars to be credited to the capital construction fund.
(Note: This summary applies to this bill as introduced.)
| 3/29/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1177 | State Mandate | Formerly Opposed | Neutral | NOT ON CALENDAR | Mediation For Disputes Arising Under CORA Colorado Open Records Act | C. Wist | A. Garnett / J. Cooke | Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days.
During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/4/2017 Governor Signed
|
| HB17-1182 | Education | | | NOT ON CALENDAR | Charter School And District Student Revenue True Up | A. Benavidez | The bill requires a charter school to reimburse the chartering school district or another school district, whichever is applicable, for excess student revenue attributable to a student who was enrolled in the charter school on the pupil enrollment count day and who subsequently enrolled in a non-charter school of the chartering school district or of another school district in the same budget year.
The bill defines student revenue. Excess student revenue is the amount of student revenue proportionate to the time the student remained in the school before changing schools.
To determine the amount of the reimbursement, the bill requires the chartering school district to prepare an accounting for each charter school of the school district at the end of the budget year. The accounting identifies students who transferred between a charter school and a non-charter school of the school district after the pupil enrollment count day, and students who transferred from a charter school to a non-charter school of a different school district after the pupil enrollment count day.
Based on the accounting, the bill requires each charter school of the school district to reimburse the chartering school district for excess student revenue for students who transferred from the charter school to a non-charter school in the chartering school district in the same budget year. The amount of the charter school's reimbursement to the chartering school district is reduced by the total amount of excess student revenue attributable to students who started in a non-charter school of the school district and transferred to the charter school in the same budget year; except that the chartering school district is not required to reimburse the charter school if the calculation results in a negative number.
Further, each charter school of the school district is required to reimburse the chartering school district for excess student revenue for a student who transferred from the charter school to a non-charter school of a different school district in the same budget year. The chartering school district shall pay the excess student revenue received from the charter school to the school district in which the student subsequently enrolled.
(Note: This summary applies to this bill as introduced.)
| 3/27/2017 House Committee on Education Postpone Indefinitely
|
| HB17-1187 | State Mandate | Support | Support | NOT ON CALENDAR | Change Excess State Revenues Cap Growth Factor | D. Thurlow / L. Crowder | In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things.
The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1193 | Land Use | Neutral | Neutral | NOT ON CALENDAR | Small Cell Facilities Permitting And Installation | T. Kraft-Tharp | J. Becker / A. Kerr | J. Tate | Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks.
Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'.
Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached.
Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes.
Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility.
Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area.
Section 11 makes a conforming amendment.
Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/18/2017 Governor Signed
|
| HB17-1197 | Marijuana | Neutral | Monitor | NOT ON CALENDAR | Exclude Marijuana From Farm Products Definition | J. Ginal / D. Coram | Under the 'Farm Products Act', the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of 'farm products' under the act.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/6/2017 Governor Signed
|
| HB17-1198 | State Mandate | Neutral | Neutral | NOT ON CALENDAR | Increasing Special District Board To Seven Members | M. Gray / B. Gardner | The bill allows a special district having a 5-member board to increase the number of board members to 7 by the adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district. If an increase is made, a board cannot be reduced back to 5 members. The bill also specifies the length of the initial term of each new special district board member and sets forth the election requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/6/2017 Governor Signed
|
| HB17-1202 | Home Rule & Local Control | Neutral | Neutral | NOT ON CALENDAR | Plumber Qualifications Supervision | L. Herod | P. Covarrubias / J. Smallwood | The bill requires that each plumbing project include a contemporaneous review to ensure compliance with licensure and inspection and apprentice requirements. Each incorporated town or city, county, city and county, or qualified state institution of higher education conducting inspections is required to develop standard procedures to advise its inspectors how to conduct a contemporaneous review and to post its current procedures on its website. (Note: This summary applies to this bill as introduced.)
| 4/25/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
|
| HB17-1203 | Home Rule & Local Control,
Marijuana | Support | Strongly Support | NOT ON CALENDAR | Local Government Special Sales Tax On Retail Marijuana | S. Lebsock / B. Martinez Humenik | L. Crowder | The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under the following circumstances:
The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the unincorporated areas of the county;
The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the municipalities within the county that do not levy a special sales tax on the sale of retail marijuana and retail marijuana products. The county special sales tax is authorized only until the municipality obtains voter approval for a special municipal tax on the sale of retail marijuana and retail marijuana products. After such time, any county special sales tax is invalid within the corporate boundaries of the municipality unless the county enters into an intergovernmental agreement with the municipality to allow the county to continue to levy, collect, and enforce the county's special sales tax.
The governing body of any county and the governing body of any municipality within the boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail marijuana products. The intergovernmental agreement may include a provision for the apportionment of a specified percentage of the gross retail marijuana special sales tax revenue collected by the county to the municipality.
The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance until the proposed tax has been referred to and approved by the eligible electors of the county or municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors only on the date of the state general election, on the first Tuesday in November of an odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election.
The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality.
Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax.
A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/4/2017 Governor Signed
|
| HB17-1204 | Public Safety | Support | Monitor | NOT ON CALENDAR | Juvenile Delinquency Record Expungement | P. Lee / J. Cooke | Under current law, there is limited access to juvenile delinquency records. The bill restricts that access by making certain records public only after a court orders that a child be charged as an adult, consistent with recent changes to the direct file statute, and by eliminating the requirement that the prosecuting attorney notify the school principal of minor offenses. The bill also ensures that the juvenile and his or her attorney can access the juvenile's records, and that juvenile record information is available to agencies that require the information for research purposes, with protections against the disclosure of identifying information.
Under current law, a juvenile or someone on the juvenile's behalf must petition, after an applicable waiting period of one to 5 years, for expungement. The bill requires the court to automatically expunge records in certain situations. In some situations, the juvenile must still petition for expungement. Records will be expunged immediately upon:
A finding of not guilty at an adjudicatory trial;
Dismissal of the entire case; or
The completion of a juvenile sentence for a petty offense, drug petty offense, a class 2 or class 3 misdemeanor, or a level 1 or level 2 drug misdemeanor that is not a sex offense, does not involve domestic violence, or is not a crime that requires victim notification.
Records will be eligible for expungement upon the completion of a juvenile sentence when the juvenile has a class 1 misdemeanor or a misdemeanor involving domestic violence; or a misdemeanor offense involving unlawful sexual contact; or the dismissal after completion of juvenile diversion, a deferred adjudication, or an informal adjustment; or the adjudication of a first-time felony and the adjudicated felony is not a crime of violence, is not an offense involving unlawful sexual behavior, and is not a class 1 or class 2 felony. The court sends a notice to the prosecuting attorney that the records are eligible for expungement. The prosecuting attorney shall notify the victim, and the victim and the prosecuting attorney have the right to object to the expungement. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile is sufficiently rehabilitated and whether expungement is in the best interest of the juvenile and the community.
Records will be eligible for expungement upon the completion of a juvenile sentence for a municipal offense 42 days after the completion of the municipal sentence. The court shall send notice to the prosecuting attorney regarding the expungement and if the prosecuting attorney files an objection within 42 days, the court shall hold a hearing. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile has successfully completed the sentence and the case is closed .
A person who is adjudicated as a repeat or mandatory offender, violent juvenile offender, or aggravated juvenile offender; adjudicated for homicide or vehicular homicide as a juvenile offender; or adjudicated for a felony offense involving unlawful sexual behavior is not eligible for expungement.
The bill requires written notice of the right to expungement and of the expungement process to the juvenile. A prosecuting attorney cannot require as a condition of a plea agreement that the juvenile waive his or her right to expungement.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/18/2017 Governor Signed
|
| HB17-1208 | Public Safety | Support | Monitor | NOT ON CALENDAR | Record Sealing Clarifications | M. Weissman (D) / B. Gardner | During the 2016 session, the general assembly adopted an expedited process for sealing the criminal records of a person who is acquitted, whose case is completely dismissed, who completed a diversion agreement, or who completed a deferred judgment and sentence. The bill clarifies that many of the general provisions related to criminal record sealing also apply to this expedited process. The bill clarifies that if the case involved a crime that requires a victim to be notified of a motion for record sealing, the court shall allow up to 42 days to provide that notification before ruling on the motion on record sealing. The bill clarifies that the filing fee for state court cases goes to the judicial stabilization fund and the filing fee in a municipal court goes to the municipality. The bill allows the prosecuting attorney or law enforcement agency to release sealed police reports or protection orders to the victim, if the victim demonstrates that there is a need for the reports for a lawful purpose.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| HB17-1215 | Public Safety | Support | Support | NOT ON CALENDAR | Mental Health Support For Peace Officers | J. Coleman (D) / D. Kagan | B. Gardner | The bill encourages each sheriff's office and each municipal police department to adopt a policy whereby mental health professionals, to the extent practicable, provide:
On-scene response services to support officers' handling of persons with mental health disorders; and
Counseling services to officers.
The bill creates the peace officers mental health support grant program (grant program) in the department of local affairs (department) to provide grants of money to county sheriffs' offices and municipal police departments to help them engage mental health professionals. Each sheriff's office and each municipal police department is encouraged to apply annually for a grant from the grant program.
The bill creates the peace officers mental health support fund (fund), which consists of gifts, grants, and donations and any other money that the general assembly may appropriate or transfer to the fund. The executive director of the department, or his or her designee, may expend money from the fund for the purposes of the grant program.
The grant program repeals September 1, 2027.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/24/2017 Governor Signed
|
| HB17-1216 | Sales & Use Tax | Neutral | Neutral | NOT ON CALENDAR | Sales And Use Tax Simplification Task Force | T. Kraft-Tharp | L. Sias / T. Neville | C. Jahn | The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is:
Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals;
Subject to sunset review in 3 years; and
Required to make an annual report to the legislative council that may or may not include recommendations for legislation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| HB17-1220 | Marijuana | Support | Support | NOT ON CALENDAR | Prevent Marijuana Diversion To Illegal Market | K. Becker | C. Wist / B. Gardner | R. Fields | The bill places a cap on the number of plants that can be possessed or grown on a residential property at 16 plants unless a local jurisdiction permits possessing or growing more than 16 plants. The criminal penalties for violating the cultivation limit are:
A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, punishable by a fine of up to one thousand dollars;
A level 4 drug felony for a second or subsequent offense if the offense involves more than twelve but not more than thirty plants; or
A level 3 drug felony for a second or subsequent offense if the offense involves more than thirty plants.
A medical marijuana patient or primary caregiver who cultivates more than 16 plants must cultivate the plants in compliance with applicable city, county, or city and county law.
The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations, and zoning requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/8/2017 Governor Signed
|
| HB17-1221 | Marijuana | Support | Support | NOT ON CALENDAR | Grey And Black Market Marijuana Enforcement Efforts | Y. Willett | D. Pabon / J. Cooke | I. Aguilar | Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The state constitution grants a person the authority to assist another person in cultivating medical and recreational marijuana plants. The bill states that a person is not in compliance with the authority to assist another individual and is subject to marijuana cultivation criminal offenses and penalties if the person possesses any marijuana plant that he or she is growing on behalf of another individual, unless he or she is the primary caregiver for the individual and is in compliance with the requirements of section 25-1.5-106.
The bill creates the gray and black market marijuana enforcement grant program (grant program) in the division of local government in the department of local affairs (division). The grant program awards grants to local governments to reimburse the local governments, in part or in full, for law enforcement and prosecution costs associated with gray and black marijuana markets. A rural local government has priority in receiving grants. The general assembly may appropriate money from the marijuana tax cash fund or the proposition AA refund account to the division for the grant program. The bill appropriates $5,945,392 from the marijuana tax cash fund to the division to fund the grant program. The division shall adopt policies and procedures for the administration of the grant program, including rules related to the application process and the grant award criteria. The division shall include information regarding the effectiveness of the grant program in its SMART presentation beginning in November 2019.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/8/2017 Governor Signed
|
| HB17-1229 | State Mandate | Support | Monitor/Support | NOT ON CALENDAR | Workers' Compensation For Mental Impairment | J. Singer | J. Becker / J. Cooke | N. Todd | The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.(Note: This summary applies to this bill as introduced.)
| 6/5/2017 Governor Signed
|
| HB17-1230 | State Mandate | Neutral | Monitor/Support | NOT ON CALENDAR | Protect Colorado Residents From Federal Government Overreach | J. Salazar | D. Esgar / L. Guzman | D. Kagan | The bill prohibits a state or political subdivision from:
Providing the race, ethnicity, national origin, immigration status, or religious affiliation of a Colorado resident to the federal government without determining it is for a legal and constitutional purpose;
Aiding or assisting the federal government in creating, maintaining, or updating a registry for the purpose of identifying Colorado residents based on race, ethnicity, national origin, immigration status, or religious affiliation;
Aiding or assisting the federal government or a federal agency in marking or otherwise placing a physical or electronic identifier on a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation; and
Aiding or assisting, including using state or local lands or resources, the federal government in interning, arresting, or detaining a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/10/2017 Senate Committee on Judiciary Postpone Indefinitely
|
| HB17-1242 | Transportation | Support | Support | NOT ON CALENDAR | New Transportation Infrastructure Funding Revenue | D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham | Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:
$375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and
Of the remaining new sales and use tax revenue:
70% to counties and municipalities in equal total amounts; and
30% to a multimodal transportation options fund created in section 22.
If the voters approve the ballot question:
Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.
Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid;
The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality;
Section 10 repeals an existing late vehicle registration fee.
Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.
Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways;
Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account;
Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money.
Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;
Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20;
Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced.
Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and
Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/25/2017 Senate Committee on Finance Postpone Indefinitely
|
| HB17-1252 | Public Safety | Neutral | Monitor | NOT ON CALENDAR | Courts Collect Costs From Criminal Offenders | J. Ginal / O. Hill | The bill clarifies that when a person is convicted of a criminal offense, upon proper motion of the prosecuting attorney and at the discretion of the court, the court shall collect from the person any reasonable and necessary costs incurred by the prosecuting attorney or law enforcement agency that are directly the result of the successful prosecution of the person and transfer such costs to the prosecuting attorney or law enforcement agency.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| HB17-1256 | Oil & Gas | Support | Support | NOT ON CALENDAR | Oil And Gas Facilities Distance From School Property | M. Foote / I. Aguilar | M. Jones | As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/12/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
|
| HB17-1268 | Public Safety | Neutral | Support | NOT ON CALENDAR | Change Maximum Criminal Penalty One Year To 364 Days | L. Herod / D. Coram | Under current law, the maximum jail sentence for a class 2 misdemeanor, misdemeanors without a fixed statutory penalty, and municipal ordinance violations is one year. The bill changes the maximum jail sentence to 364 days.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1269 | State Mandate | Neutral | Monitor | NOT ON CALENDAR | Repeal Prohibition Of Wage Sharing Information | J. Danielson (D) | D. Nordberg / B. Martinez Humenik | K. Donovan | Current law states that it is a discriminatory and unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages, unless otherwise permitted by federal law. Federal law exempts certain limited classes of employers from labor laws. The bill strikes the reference to that exemption and extends the current law to those classes of employers, thereby providing wage transparency protections to all employees.(Note: This summary applies to this bill as introduced.)
| 6/2/2017 Governor Signed
|
| HB17-1271 | Education | | | NOT ON CALENDAR | Standards For Innovation District Waivers | B. Pettersen / K. Priola | Under existing law, when a school district submits an innovation plan for a school or multiple schools of the school district, the state board of education (state board) must approve the plan and designate the school district as a district of innovation unless the plan is likely to decrease academic achievement or is not fiscally feasible. Once the plan is approved, the state board must grant any statutory waivers requested in the plan.
The bill changes the standard for approving an innovation plan. The state board must approve an innovation plan if it finds that the plan is likely to enhance educational opportunity and quality within the school district, which is similar to the standard for approving statutory waivers under other circumstances, and the plan is fiscally feasible. Later, if the district of innovation seeks additional statutory waivers under the innovation plan, the state board must grant the waivers if it finds that the waivers are likely to enhance educational opportunity and quality within the school district and are fiscally feasible.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| HB17-1273 | Land Use | Neutral | Monitor | NOT ON CALENDAR | Real Estate Development Demonstrate Water Conservation | H. McKean | C. Hansen / M. Jones | D. Coram | Current law's definition of a water supply that is 'adequate' for purposes of a local government's approval of a real estate development permit merely allows the inclusion of reasonable conservation measures and water demand management measures to account for hydrologic variability. The bill amends the definition to include reasonable conservation measures and water demand management measures to reduce water needs and account for hydrologic variability ( section 2 of the bill) and prohibits the local government from approving the permit application unless the applicant demonstrates that appropriate water conservation and demand management measures have been included in the water supply plan ( section 3 ).
Current law also requires an applicant for a real estate development permit to demonstrate to the local government issuing the permit:
The water conservation measures, if any, that may be implemented within the development; and
The water demand management measures, if any, that may be implemented to account for hydrologic variability.
Section 4 requires the applicant to demonstrate:
The water conservation measures that may be implemented within the development to reduce indoor and outdoor demand; and
The water demand management measures that may be implemented to account for hydrologic variability.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1275 | State Mandate | Oppose | Monitor | NOT ON CALENDAR | Increase Solid Waste Diversion | F. Winter / K. Priola | The bill directs the department of public health and environment and the Colorado office of economic development to assist in increasing waste diversion in Colorado by establishing diversion goals, encouraging and requiring data collection and reporting by counties and landfills, respectively, and providing technical assistance to counties and landfills regarding the data collection and reporting.
The bill appropriates $38,011 and .04 FTE to the office and $70,264 and 0.8 FTE to the department for implementation of the act.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1279 | Housing | Support | Monitor/Support | NOT ON CALENDAR | Construction Defect Actions Notice Vote Approval | A. Garnett | L. Saine / J. Tate | L. Guzman | The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must:
Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and
Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.
The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/25/2017 Governor Signed
|
| HB17-1293 | Home Rule/Local Control | Neutral | Monitor | NOT ON CALENDAR | Local Government Officials On Nonprofit Boards | J. Melton / N. Todd | The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity. A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
|
| HB17-1307 | State Mandate | Neutral | | NOT ON CALENDAR | Family And Medical Leave Insurance Program Wage Replacement | F. Winter / D. Moreno | R. Fields | The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.
Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1309 | Housing | Support | Support | NOT ON CALENDAR | Documentary Fee To Fund Affordable Housing | F. Winter | D. Jackson / D. Coram | L. Guzman | Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing.
Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018.
Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund).
Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund.
All moneys in the fund must be expended for the purpose of supporting new or existing programs that:
Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and
Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units.
The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:
Up to 80% of the area median income for rental occupancy; and
Up to 110% of the area median income for home ownership.
This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents.
New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill.
Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1312 | Housing | | Monitor/Support | NOT ON CALENDAR | Residential Lease Copy And Rent Receipt | A. Benavidez | T. Exum (D) / B. Martinez Humenik | D. Moreno | The bill requires a residential landlord:
To provide each tenant with a copy of a written rental agreement signed by the parties;
Upon receiving any payment made in person by a tenant with cash or a money order, to contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment; and
Upon receiving any payment with cash or money order that is not delivered in person by a tenant and if requested by a tenant, to provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment. This requirement does not apply if there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment.
The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1313 | Public Safety | Oppose | Oppose | NOT ON CALENDAR | Civil Forfeiture Reform | L. Herod | S. Humphrey / T. Neville | D. Kagan | The bill requires the executive director of the department of local affairs (department), after considering the input from specified interested parties, to establish a form for law enforcement agencies, prosecutors, and multijurisdictional task forces (seizing agencies) to use in submitting to the department biannual reports containing specified information on seizures through which the seizing agencies received proceeds from a forfeiture and the use of the proceeds. Based on the reports, the department is to post on its website a searchable database that includes the information contained in the biannual reports and a summary report of the information.
Seizing agencies are required to submit the biannual reports containing information known to the agency by specified dates; except that an agency need not include information if the disclosure of the information could endanger a person or disclose certain confidential information. Seizing agencies are required to pay civil penalties for failure to file or late filing of the reports.
The bill directs the executive director of the department to submit an annual report to the governor, the attorney general, and the judiciary committees of the general assembly on seizure and forfeiture activity in the state.
The bill prohibits seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate net equity value of the property and currency seized in the case is in excess of $50,000 and the federal government commences a forfeiture proceeding that relates to a filed criminal case.
The bill makes an appropriation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/9/2017 Governor Signed
|
| HB17-1314 | Home Rule & Local Control | Oppose | Oppose | NOT ON CALENDAR | Colorado Right To Rest Act | J. Salazar | J. Melton | The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.(Note: This summary applies to this bill as introduced.)
| 4/19/2017 House Committee on Local Government Postpone Indefinitely
|
| HB17-1316 | Public Safety | Support | Support | NOT ON CALENDAR | Delay Implementation Of House Bill 16-1309 | S. Lontine / V. Marble | House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/28/2017 Governor Signed
|
| HB17-1336 | Oil & Gas | Neutral | Support | NOT ON CALENDAR | Additional Protections Forced Pooling Order | D. Young | M. Foote / I. Aguilar | M. Jones | Current law authorizes forced pooling, a process by which any interested person???typically an oil and gas operator???may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent.
The bill specifies that:
The hearing notice must be given at least 90 days before the hearing;
Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and
The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| HB17-1338 | Public Safety | Neutral | Monitor | NOT ON CALENDAR | Municipal Court Bond Hold Notification and Hearing | J. Bridges (D) | L. Liston (R) / D. Kagan | V. Marble | If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either:
Arraign the defendant; or
If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness.
If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant does not appear before the municipal court within the required time frames, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the defendant is not transferred to the municipal court within the required time frames.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| HB17-1348 | Transportation | Neutral | Monitor/Oppose | NOT ON CALENDAR | Prohibit HOV High Occupancy Vehicle 3 Requirement North I-25 Express Lanes | S. Lebsock / R. Scott | The bill specifies that on and after July 1, 2018, the use of any north interstate highway 25 express lane that is operated or managed by the high-performance transportation enterprise or by a partner of the transportation enterprise under the terms of a public-private partnership is free for any motor vehicle that is occupied by 2 or more individuals, including the driver.(Note: This summary applies to this bill as introduced.)
| 5/4/2017 House Committee on Transportation & Energy Postpone Indefinitely
|
| HB17-1356 | Economic Development | Neutral | Monitor/Support | NOT ON CALENDAR | Treat Economic Development Income Tax Credits Differently | C. Duran | D. Esgar / J. Tate | L. Garcia (D) | The bill allows the Colorado economic development commission to allow certain businesses that make a strategic capital investment in the state, subject to a maximum amount, and subject to the requirements of the specified income tax credits, to treat any of the following income tax credits allowed to the business as either carryforwardable for a five-year period or as transferable:
Colorado job growth incentive tax credit;
Enterprise zone income tax credit for investment in certain property;
Income tax credit for new enterprise zone business employees; and
Enterprise zone income tax credit for expenditures for research and experimental activities.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/24/2017 Governor Signed
|
| HB17-1360 | Public Safety | Neutral | Monitor | NOT ON CALENDAR | Allow Criminal Record Sealing Subsequent Offense | D. Pabon / D. Moreno | Under current law, a defendant may petition a court to have a municipal offense or petty offense sealed if the person was not charged or convicted of another crime within 3 years after the discharge of the municipal or petty offense. The bill allows sealing of a municipal offense that did not involve domestic violence or a petty offense if the person had a single nonfelony conviction that did not involve domestic violence, unlawful sexual behavior, or child abuse during that 3-year period and no other convictions for 10 years after the subsequent offense.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| HB17-1362 | Transportation | Neutral | Neutral | NOT ON CALENDAR | Plan For Addressing Statewide Infrastructure Needs | D. Mitsch Bush / R. Baumgardner | N. Todd | The bill requires the transportation legislation review committee to meet at least once together with the capital development committee in the course of the committees' regular business to discuss a plan to address critical statewide infrastructure needs and how such critical needs should be funded.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/4/2017 Senate Committee on Finance Postpone Indefinitely
|
| HB17-1364 | Land Use | | Neutral | NOT ON CALENDAR | Authority Local Government Master Plan Include Water Plan Goal | C. Hansen | J. Arndt | The bill authorizes a local government master plan to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals.
(Note: This summary applies to this bill as introduced.)
| 5/1/2017 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
|
| HB17-1367 | Marijuana | Neutral | Monitor | NOT ON CALENDAR | Authorize Marijuana Clinical Research | D. Pabon | J. Arndt / R. Baumgardner | C. Jahn | The bill creates a marijuana research and development license that allows the holder to possess marijuana for research purposes and a marijuana research and development cultivation license that allows the holder to grow, cultivate, possess, and transfer marijuana for research purposes. An applicant must submit with the license application a description of the research to be conducted, and if the research involves a public entity or public money, then the scientific advisory commission shall review and assess the research project. A marijuana research and development cultivation licensee may only sell marijuana it grows to other marijuana research and development cultivation licensees. A marijuana research and development licensee or marijuana research and development cultivation licensee may contract with a public research institution of higher education or another marijuana research and development licensee. The state licensing authority may promulgate rules related to marijuana research and development licenses and marijuana research and development cultivation licenses.
The bill allows a medical marijuana testing facility licensee to test medical marijuana and medical marijuana-infused products for marijuana research and development licensees and marijuana research and development cultivation licensees, and marijuana or marijuana-infused products grown or produced by a registered patient or registered primary caregiver on behalf of a registered patient, upon verification of registration and verification that the patient is a participant in a clinical or observational study conducted by a marijuana research and development licensee or marijuana research and development cultivation licensee.
The bill takes effect July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/7/2017 Governor Became Law
|
| HB17-1370 | State Mandate | Neutral | Monitor | NOT ON CALENDAR | Retail Sales Of Alcohol Beverages | F. Winter | L. Liston (R) / A. Kerr | T. Neville | Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027.
Additionally, current law permits a liquor-licensed drugstore licensee that was licensed on or before January 1, 2016, to obtain additional liquor-licensed drugstore licenses, as follows, but only if the licensee applies to transfer ownership of, change location of, and merge and convert 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the drugstore premises to a single liquor-licensed drugstore license and only if the drugstore premises will not be located within 1,500 feet of any other licensed retail liquor store in the same local licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the drugstore premises will not be located within 3,000 feet of any other licensed retail liquor store in the same local licensing jurisdiction:
On or after January 1, 2017, up to 4 additional liquor-licensed drugstore licenses;
On or after January 1, 2022, up to 7 additional liquor-licensed drugstore licenses;
On or after January 1, 2027, up to 12 additional liquor-licensed drugstore licenses;
On or after January 1, 2032, up to 19 additional liquor-licensed drugstore licenses; and
On or after January 1, 2037, an unlimited number of additional liquor-licensed drugstore licenses.
Section 3 of the bill modifies provisions governing the ability of a retail liquor store to obtain additional retail liquor store licenses as follows:
Allows a retail liquor store that was licensed on or before April 1, 2017, to obtain 3 additional retail liquor store licenses between July 1, 2017, and July 1, 2018; on or after January 1, 2022, to obtain a maximum of 6 total retail liquor store licenses; and on or after January 1, 2027, a maximum of 9 total retail liquor store licenses;
For additional licenses obtained on or after January 1, 2022, requires a person seeking additional licenses to apply to transfer ownership of, change location of, and merge 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the applicant's premises into a single retail liquor store license; and
Requires the majority of the owners of a retail liquor store seeking additional retail liquor store licenses to have either resided in Colorado for at least 2 years or operated a business in Colorado for at least 10 years.
Additionally, the bill prohibits a retail liquor store from allowing customers to use a self-checkout to complete an alcohol beverage purchase and requires a retail liquor store to:
Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and
Maintain certification as a responsible alcohol beverage vendor.
An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises.
For liquor-licensed drugstore licenses, section 4 :
Allows a licensee that applied for a liquor-licensed drugstore license on or before October 1, 2016, and a corporation within a controlled group of corporations to obtain additional liquor-licensed drugstore licenses; and
Caps the total number of additional licenses at 19, for a total of 20 liquor-licensed drugstore licenses.
Sections 5 and 6 set state and local application fees for a retail liquor store licensee applying for a transfer of ownership, change of location, and merger of 2 retail liquor store licenses.
Sections 1 and 2 make conforming amendments.
The bill takes effect July 1, 2017.
(Note: This summary applies to this bill as introduced.)
| 5/5/2017 House Committee on Appropriations Postpone Indefinitely
|
| HB17-1372 | Oil & Gas | Neutral | Support | NOT ON CALENDAR | Oil Gas Operators Disclose Pipe Location Development Plans | S. Lebsock | M. Foote | The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database.
The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also 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.
(Note: This summary applies to this bill as introduced.)
| 5/10/2017 House Second Reading Special Order - Laid Over Daily - No Amendments
|
| SB17-009 | Eco Devo | Oppose | Monitor/Support | NOT ON CALENDAR | Business Personal Property Tax Exemption | L. Crowder / T. Leonard | There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property schedule that is equal to $7,300 for the current property tax year cycle. The bill increases the exemption to $10,000 for the next 2 property tax years and adjusts it for inflation for subsequent property tax cycles.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-014 | Land Use | Neutral | Monitor | NOT ON CALENDAR | Limits On Underground Storage Tank Regulation | R. Baumgardner | D. Coram / J. Becker | Transportation Legislation Review Committee.
The bill prohibits a local government from imposing inspection requirements for underground petroleum storage tanks or charging inspection fees for the inspection of underground petroleum storage tanks.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 House Committee on Transportation & Energy Postpone Indefinitely
|
| SB17-029 | Education | | | NOT ON CALENDAR | Funding For Full-day Kindergarten | A. Kerr / B. Pettersen | Under existing law, the 'Public School Finance Act of 1994' funds kindergarten students as half-day pupils plus the supplemental kindergarten enrollment. Under existing law, the supplemental kindergarten enrollment is an additional .08 of a full-day pupil. The bill increases the supplemental kindergarten enrollment for the 2017-18 budget year and each budget year thereafter to .15 of a full-day pupil.
The bill expresses the general assembly's intent to increase funding annually for full-day kindergarten starting in the 2018-19 budget year and continuing through the 2022-23 budget year so that by the 2022-23 budget year, the general assembly is funding kindergarten students as full-day pupils.
Pursuant to referendum C passed by the voters in 2005, the state is currently authorized to retain and spend up to a capped amount of revenues each year that would otherwise be refunded in accordance with the taxpayer's bill of rights. Subject to a vote of the people, the bill authorizes the state to retain and spend all additional excess revenues beginning in the 2017-18 fiscal year. The general assembly is required to appropriate the additional retained money first to fund kindergarten pupils as full-day pupils and then to fund the state's share of total program funding. The state treasurer must transfer any amount of remaining additional excess revenues to the state education fund. The director of research of the legislative council must prepare an annual report concerning how the retained excess revenues are expended. The secretary of state is directed to place the question of whether to allow the state to retain excess revenues on the ballot for the 2017 general election.
(Note: This summary applies to this bill as introduced.)
| 1/25/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-040 | Home rule | Neutral | Neutral | NOT ON CALENDAR | Public Access To Government Files | J. Kefalas / D. Pabon | Section 1 of the bill adds a legislative declaration.
Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government.
If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records.
If public records are stored as structured data, section 4 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested.
Section 4 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format.
If a custodian is not able to comply with a request to produce public records that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format attorney fees may be awarded only if the custodian's action was arbitrary or capricious.
Nothing in the bill requires a custodian to produce records in their native format or to release metadata.
When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian.
Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws.
Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data.
This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations.
The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household.
Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill.
If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof.
Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA.
Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications:
The bill deletes existing statutory language permitting the custodian to charge the same fee for services rendered in supervising the copying, printing out, or photographing of a public record as the custodian may charge for furnishing a copy, printout, or photograph;
The bill replaces a reference in the statute to the phrase 'manipulation of data' with the phrase 'programming, coding, or custom search queries so as to convert a record into a structured data or searchable format';
In connection with determining the amount of the fee for a paper or electronic copy of a public record, the bill specifies that, if a custodian performs programming, coding, or custom search queries to create a public record, the fee for a paper or electronic copy of that record may be based on recovery of the actual or incremental costs of performing the programming, coding, or custom search queries, together with a reasonable portion of the costs associated with building and maintaining the information systems; and
When a person makes a request to inspect or make copies or images of original public records, the bill permits the custodian to charge a fee for the time required for the custodian to supervise the handling of the records, when such supervision is necessary to protect the integrity or security of the original records.
Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA.
Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/1/2017 Governor Signed
|
| SB17-042 | Home Rule | Support | Support | NOT ON CALENDAR | Repeal Local Government Internet Service Voter Approval | K. Donovan | L. Guzman | Cities, counties, special districts, and other local governments (local government) are currently prohibited, with certain limited exceptions, from providing cable television, telecommunications service, or high-speed internet access without first seeking voter approval. A local government that does provide any of these services is further required to comply with all state and federal laws and regulations governing the service and prohibited from granting certain preferences or discriminating in connection with providing the service.
The bill repeals these restrictions on the provision of cable television, telecommunications service, or high-speed internet access by a local government.
(Note: This summary applies to this bill as introduced.)
| 2/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
|
| SB17-045 | Housing | Neutral | Monitor | NOT ON CALENDAR | Construction Defect Claim Allocation Of Defense Costs | A. Williams | K. Grantham / C. Wist | C. Duran | In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend.
(Note: This summary applies to this bill as introduced.)
| 5/9/2017 Senate Committee on Appropriations Postpone Indefinitely
|
| SB17-051 | Public Safety | Neutral | Neutral | NOT ON CALENDAR | Revisions To Victims' Rights Laws | B. Gardner | R. Fields / P. Lawrence | M. Foote | The bill makes various amendments to statutes concerning the rights of crime victims, including the following:
The definition of 'crime' is amended to include:
Failure to stop at the scene of an accident that results in serious bodily injury of another person;
Violation of a protection order issued against a person charged with stalking; and
Posting a private image for harassment or for pecuniary gain.
The definition of 'critical stages' is amended to include any full parole board review hearing.
The definition of 'modification of sentence' is amended to include a resentencing following a probation revocation hearing or a request for early termination of probation.
The bill creates a victim's right:
To be heard at any court proceeding at which the court considers a request for progression from a person accused or convicted of a crime against the victim and who is in the custody of the state mental health hospital. 'Progression' includes off-grounds supervised or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough.
To be informed of the results of a probation or parole revocation hearing; and
To be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed.
The bill requires a district attorney's office, if practicable, to inform a victim of any pending motion to sequester the victim from a critical stage in the case.
Unless a victim requests otherwise, the district attorney shall inform each victim of the right to receive information from the state mental health hospital concerning the custody and release of a person convicted of a crime against the victim and ordered by a court into the hospital's care, including how the victim may request notification from the hospital.
Upon the written request of a victim, the Colorado mental health institute at Pueblo or the Colorado mental health institute at Fort Logan shall notify the victim of certain information regarding any person who was charged with or convicted of a crime against the victim.
The bill requires the juvenile parole board to report additional information concerning juvenile parole hearings.
The court shall inform the probation department before any hearing regarding any request by a probationer for early termination of probation or any change in the terms and conditions of probation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/28/2017 Governor Signed
|
| SB17-058 | Home Rule | Neutral | Monitor | NOT ON CALENDAR | Employee Agent Purchase of Alcohol Beverages | R. Baumgardner / J. Singer | The bill allows an employee or agent to purchase alcohol beverages on behalf of a:
Hotel and restaurant licensee;
Tavern licensee; or
Lodging and entertainment facility licensee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/8/2017 Governor Signed
|
| SB17-059 | Transportation | Neutral | Neutral | NOT ON CALENDAR | Roundabout Turn And Lane Change Signal | K. Lundberg / J. Singer | Currently, a person must signal an intention to turn before turning or changing lanes while driving a vehicle. The bill exempts motor vehicles that are using a roundabout unless otherwise posted.
(Note: This summary applies to this bill as introduced.)
| 2/10/2017 Senate Third Reading Lost - No Amendments
|
| SB17-063 | Marijuana | Oppose unless amended. | Monitor | NOT ON CALENDAR | Marijuana Club License | V. Marble / J. Melton | The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys.
The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it may require the clubs to be licensed. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use in a club is not a criminal offense.
(Note: This summary applies to this bill as introduced.)
| 3/1/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
|
| SB17-066 | Public Safety | Support | No Effect | NOT ON CALENDAR | Municipal Authority To Employ Police | J. Cooke | R. Fields / S. Lebsock | L. Saine | There is a sunrise review process for groups seeking peace officer status. The bill clarifies that municipalities do not need to go through that process to employ a police force.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/4/2017 Governor Signed
|
| SB17-077 | Home Rule & Local Control | Support | No Effect | NOT ON CALENDAR | Government Agency Special Event Permit Eligibility | C. Jahn / T. Kraft-Tharp | Y. Willett | The bill authorizes a state agency, the Colorado wine industry development board, or an instrumentality of a municipality or county that has a statutory mandate to promote either alcohol beverages manufactured within the state or tourism to an area of the state where alcohol beverages are manufactured to obtain a special event permit to sell alcohol beverages for a limited period.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Governor Signed
|
| SB17-078 | Sales & Use Tax | Oppose | Monitor/Oppose | NOT ON CALENDAR | Residential Storage Condo Unit Property Taxation | B. Gardner / K. Van Winkle | J. Melton | The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%.
A residential storage condominium unit is defined to mean a building that is:
A unit under the 'Colorado Common Interest Ownership Act';
Used by its owner to store items from or related to the owner's Colorado residence; and
Not used for storage related to a business.
For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/10/2017 House Committee on Finance Postpone Indefinitely
|
| SB17-085 | Housing | Support | Support | NOT ON CALENDAR | Increase Documentary Fee & Fund Attainable Housing | R. Zenzinger | Currently, each county clerk and recorder collects a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute.
Section 2 of the bill raises the amount of the surcharge to $5 for documents received for recording or filing on or after January 1, 2018.
Out of each $5 collected, the bill requires the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with existing law. The bill requires the clerk to transmit the other $4 collected to the state treasurer, who is to credit the same to the statewide attainable housing investment fund (fund).
Section 3 creates the fund in the Colorado housing and finance authority (authority). The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. The bill directs that, of the moneys transmitted to the fund by the state treasurer, on an annual basis, not less than 25% of such amount must be expended for the purpose of supporting new or existing programs that provide financial assistance to persons in households with an income of up to 80% of the area median income for the purpose of allowing such persons to finance, purchase, or rehabilitate single family residential homes as well as to provide financial assistance to any nonprofit entity and political subdivision that makes loans to persons in such households to enable such persons to finance, purchase, or rehabilitate single family residential homes.
Section 3 also requires the authority to submit a report, no later than June 1 of each year, specifying the use of the fund during the prior calendar year to the governor and to the senate and house finance committees.
(Note: This summary applies to this bill as introduced.)
| 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-086 | Housing | Neutral | No Effect | NOT ON CALENDAR | Authorize Local Governments Inclusionary Housing Programs | S. Fenberg | In 1981, the general assembly enacted legislation that prohibits counties and municipalities (local governments) from enacting any ordinance or resolution that would control rent on private residential property.
The bill clarifies that an ordinance or resolution that would control rent on either private residential property or a private residential housing unit does not include an ordinance or resolution enacted by a county or a municipality that establishes, as a condition of obtaining approval for the development of a project, inclusionary housing or inclusionary zoning requirements.
As used in the bill, 'inclusionary housing' or 'inclusionary zoning' means a program enacted legislatively and with opportunity for public input that requires, as a condition of obtaining approval for the development of a project, the provision of residential units affordable to and occupied by owners or tenants whose household incomes do not exceed a limit that is established in the ordinance or resolution.
The bill specifies different components that may be included in an inclusionary housing program.
(Note: This summary applies to this bill as introduced.)
| 2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-092 | Public Safety | Support | Support | NOT ON CALENDAR | Immunity Peace Officer Background Checks | R. Zenzinger / J. Melton | Under current law, when a law enforcement agency interviews a candidate for a peace officer position and that candidate previously worked for a state or local law enforcement agency or governmental agency, the candidate must execute a waiver that allows the previous employer to release the candidate's personnel file to the interviewing agency. The bill requires the candidate to also sign a waiver releasing his or her personnel file related to employment with a private entity to the interviewing agency.
(Note: This summary applies to this bill as introduced.)
| 2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-093 | Transportation | Oppose | Neutral | NOT ON CALENDAR | Operation Of Bicycles Approaching Intersections | A. Kerr | The bill permits a person riding a bicycle or electrical assisted bicycle to pass through a roadway intersection without stopping at a stop sign if the person slows to a reasonable speed, yields to vehicles and pedestrians, and can safely proceed or make a turn. A person riding a bicycle or electrical assisted bicycle may also proceed through an intersection with an illuminated red traffic control signal if the person stops, yields to traffic and pedestrians, and can safely proceed in the same direction or make a right-hand turn. A person riding a bicycle or electrical assisted bicycle may not make a left-hand turn at an intersection with an illuminated red traffic control signal unless first stopping, yielding to traffic and pedestrians, and turning onto a one-way street.
(Note: This summary applies to this bill as introduced.)
| 2/7/2017 Senate Committee on Transportation Postpone Indefinitely
|
| SB17-097 | Land Use | Neutral | Monitor | NOT ON CALENDAR | Vacated Alleys Presume Included In All Deeds | B. Martinez Humenik / J. Coleman (D) | Under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance.
The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/6/2017 Governor Signed
|
| SB17-098 | Land Use | Oppose unless amended | Oppose unless amended | NOT ON CALENDAR | Mobile Home Parks | J. Kefalas / J. Ginal |
Notice of sale of a mobile home park.
Where the home owners within a mobile home park (park) have formed either a homeowners' association or a cooperative, section 2 of the bill specifies that, not less than 30 days nor more than one year prior to, an owner of a park either entering into a written listing agreement for the sale of the park or making an offer to sell the park to any party must provide written notice to the president, secretary, and treasurer of any homeowners' association or cooperative of the owner's intention to sell the park. The bill specifies certain circumstances in which the park owner is not required to satisfy these notice requirements.
During the notice period required by the bill, the owner or management of the park may consider any offer to purchase the park that has been made by a homeowners' association or cooperative of such home owners as long as the association or cooperative is open to all home owners. The owner of the park may consider any reasonable offer made by an association or cooperative representing the home owners and negotiate in good faith with them. If an agreement to purchase the community is reached during the notice period specified in the bill, the association or cooperative has a reasonable time beyond the expiration of such period, if necessary, to obtain financing for the purchase. The bill explicitly specifies that these provisions do not give any home owner or group of home owners within a park any right of first refusal.
Terms of written rental agreement.
Section 3 permits a written rental agreement for a tenancy in a park to contain a clause that encourages the use of mediation or another form of alternative dispute resolution to resolve any controversy by or among owners, management, and home owners within parks.
Alternative dispute resolution.
In any controversy between management and a home owner of a park arising out of the bill, except for the nonpayment of rent or in cases in which the health or safety of other home owners is in imminent danger, section 4 permits the parties to submit the dispute to another form of alternative dispute resolution in addition to mediation prior to the filing of a forcible entry and detainer lawsuit. The choice of alternative dispute resolution methods is dependent upon agreement of the parties.
Under section 4, the general assembly also encourages the owners and management of parks and home owners within such parks to make use of the state office of dispute resolution to resolve any controversy by or among them in addition to local government agencies and community-based nonprofit organizations that are created and empowered to mediate disputes between or among the owners and management of parks and home owners within such parks.
Subtraction of gain from sale of park from calculation of federal taxable income for state income tax purposes.
For income tax years commencing on or after January 1, 2018, section 5 subtracts from federal taxable income the following amount of the gain recognized from the sale or exchange of a park where the party purchasing the park is a county, municipality, local housing authority, nonprofit corporation, homeowners' association, or a cooperative:
100% of the recognized gain for a mobile home park with 50 or fewer lots; and
50% of the recognized gain for a mobile home park with more than 50 lots.
Encouragement of the preservation and development of mobile and manufactured home parks through county and municipal master plans.
Recognizing the importance of manufactured housing as an option for many households, under sections 6 and 7
, counties and municipalities, as applicable, are required to encourage through either their master plans or other land use or planning documents adopted by the particular governmental body the preservation of existing parks and the development of new manufactured home parks within their territorial boundaries, including increasing opportunities for parks that are owned by the owners of homes within the park. Whenever an existing park is located in a hazardous area, the county or municipality, as applicable, is required to make every reasonable effort to reduce or eliminate the hazard, when feasible, or to help mitigate the loss of housing through the relocation of affected households.
(Note: This summary applies to this bill as introduced.)
| 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-103 | Education | | | NOT ON CALENDAR | Early Learning Strategies In Education Accountability | M. Merrifield / B. Pettersen | Under current law, the department of education (department) must provide technical assistance and support to school districts, the state charter school institute (institute), and public schools that are operating under an improvement plan, priority improvement plan, or turnaround plan. The bill specifies that the technical assistance may include consultation concerning strategies that address the quality and availability of early childhood education opportunities.
Each school district and public school must conduct a needs assessment when preparing its performance plan. The bill specifically requires an early childhood learning needs assessment, in addition to the general needs assessment, for school districts that include a public school that is operating under a priority improvement or turnaround plan and enrolls students in kindergarten through grade three and for public schools that serve children in kindergarten through third grade.
Current law specifies several actions that a public school may take if it is low performing and after it has been low performing for 5 years. The bill expands the list of actions for a public school that services children in kindergarten through third grade to include investing in research-based strategies to address any deficiencies identified in the early childhood learning needs assessment if those deficiencies are a direct cause of the public school's low performance and the public school has not previously implemented the strategies with success. A public school may implement these strategies only in combination with at least one of the other research-based strategies identified in law.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/6/2017 Governor Signed
|
| SB17-111 | Marijuana | Neutral | Monitor | NOT ON CALENDAR | Medical Marijuana Inventory Shortfall Fixes | T. Neville / M. Gray | D. Michaelson Jenet (D) | The medical marijuana system is a vertically integrated regulatory scheme, meaning a medical marijuana center must grow the marijuana that it sells. There is one exception to the vertically integrated market: A medical marijuana center can sell to or buy from other medical marijuana licensees up to 30% of its inventory. The bill eliminates the statutory limit and requires the limit to be set in rule by the state licensing authority as long as it is not set below 30%. The bill states that a medical marijuana center may transfer medical marijuana to another medical marijuana licensee if the licensees have a common owner without the medical marijuana counting towards the limit set in rule.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/9/2017 Governor Vetoed
|
| SB17-112 | Sales & Use Tax | Formerly Opposed | Neutral | NOT ON CALENDAR | Sales & Use Tax Payment To Wrong Local Government | T. Neville / D. Pabon | The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/18/2017 Governor Signed
|
| SB17-114 | Education | | | NOT ON CALENDAR | Accountability For School Districts & Schools | D. Moreno | Under existing law, the department of education (department) considers the performance of each school district and the state charter school institute (institute) on specified indicators when assigning accreditation categories. The bill creates a new performance indicator that measures the improvement achieved over the preceding 4 school years by a public school, school district, the state charter school institute, and the state as a whole in student scores on state assessments and in closing the achievement and growth gaps. The bill directs the state board of education (state board) and the department to place the greatest emphasis on the academic growth performance indicator when determining the appropriate accreditation category for each school district and the institute.
Under existing law, the department may recommend that the state board remove a school district's or the institute's accreditation if the school district or institute is accredited with turnaround plan and fails to make substantial progress under the turnaround plan or the school district or institute is accredited with priority improvement plan or lower for 5 consecutive school years. If the state board removes accreditation, it specifies the corrective actions the school district or institute must take to be accredited again.
The bill repeals the authority to remove a school district's or the institute's accreditation based on performance under a priority improvement or turnaround plan. If a school district or the institute fails to make substantial progress under a priority improvement or turnaround plan and is accredited with priority improvement plan or lower for 5 consecutive school years, the commissioner of education must assign the state review panel to critically evaluate the school district's or institute's performance and recommend one or more corrective actions. The state board must specify the corrective actions the school district or institute must take.
(Note: This summary applies to this bill as introduced.)
| 3/23/2017 Senate Committee on Education Postpone Indefinitely
|
| SB17-119 | Education | | | NOT ON CALENDAR | Restoration Of School District Mill Levies | L. Court | The bill requires each school district that has obtained voter approval to retain and spend revenues in excess of the property tax revenue limitation imposed on the school district by section 20 of article X of the state constitution to restore the number of mills it levies for purposes of total program funding under the 'Public School Finance Act of 1994' to the number of mills levied in the property tax year immediately preceding the year in which the school district received the voter approval. The mill levies are restored in equal increments over 5 years. A school district is not allowed to levy a number of mills that would exceed the school district's total program as calculated before application of the negative factor.
(Note: This summary applies to this bill as introduced.)
| 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-123 | Education | | | NOT ON CALENDAR | Seal Of Biliteracy For High School Diplomas | K. Priola | R. Zenzinger / M. Hamner | J. Wilson | The bill authorizes a school district, BOCES, or institute charter high school to grant a diploma endorsement in biliteracy to a student who demonstrates proficiency in English and at least one foreign language. The bill establishes the requirements a graduating high school student must meet to obtain the biliteracy endorsement.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/30/2017 Governor Signed
|
| SB17-136 | Public Safety | Oppose | Monitor/Oppose | NOT ON CALENDAR | Reporting And Limiting Civil Forfeiture | D. Kagan | T. Neville / S. Humphrey | L. Herod | The bill requires the division of criminal justice in the department of public safety (division) to establish and maintain a website containing:
Specified information on each criminal forfeiture involving property; and
Specified information on how each governmental agency that received proceeds from forfeitures used those proceeds.
The bill requires each governmental agency involved in seizing property under forfeiture statutes (seizing agency) to update the information posted on the division's website and establishes consequences if a seizing agency fails to update the website in a timely manner.
The executive director of the department of public safety (executive director) is authorized to adopt rules concerning the website.
The state auditor is required to annually perform a financial audit of seized property and expenditures of forfeiture proceeds and submit a report on the audit to certain committees of the general assembly and to the executive director. The executive director shall submit an annual report to certain committees and officers summarizing seizure and forfeiture activities in the state.
The bill prohibits a seizing agency from transferring or referring seized property to a federal governmental agency for forfeiture litigation unless the property includes currency in excess of $100,000.
The bill authorizes the division to charge a seizing agency a fee when the seizing agency updates the website to offset the division's costs of developing and maintaining the website. The bill establishes a cash fund for the fees.
The bill clarifies that information and reports developed pursuant to the bill are public records subject to inspection under the 'Colorado Open Records Act'.
(Note: This summary applies to this bill as introduced.)
| 2/15/2017 Senate Committee on Judiciary Postpone Indefinitely
|
| SB17-143 | State Mandate | Neutral | Monitor/Oppose | NOT ON CALENDAR | Cleanup Alcohol Beverage Retail Sales | A. Williams / A. Garnett | D. Nordberg | In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include:
Authorizing persons licensed to sell at retail on or before January 1, 2016, to obtain multiple retail licenses, subject to a tiered schedule, to restrictions based on proximity to another retail licensed premises, and to other requirements and limitations;
Allowing retail liquor stores to sell a broad array of nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products;
Requiring retail licensees to check the identification of consumers purchasing alcohol beverages to verify that they are at least 21 years of age;
Prohibiting employees of certain alcohol beverage licensees who are under 21 years of age from selling malt, vinous, or spirituous liquors; and
Changing the hours during which fermented malt beverages may be sold from between 5 a.m. and 12 midnight to between 8 a.m. and 12 midnight.
The bill modifies portions of the 2016 legislation as follows:
Modifies the definition of a liquor-licensed drugstore to specify that the licensee need not be a drugstore but must have a licensed drugstore within its premises ( section 1 );
Excludes revenues from the sale of cigarettes, tobacco products, nicotine products, and lottery products from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products ( sections 1 and 3 );
Imposes the proximity restrictions on a retail liquor store that is seeking permission to relocate its premises to ensure the new location is not within 1,500 feet of another business licensed to sell at retail, or, if in a small town, within 3,000 feet of another business with a retail sales license ( section 2 );
Allows a liquor-licensed drugstore that applied for a new liquor-licensed drugstore license before October 1, 2016, to obtain multiple retail licenses, subject to the schedule established in the 2016 legislation ( section 4 );
Allows a corporation member of a controlled group of corporations that owns or has an interest in a liquor-licensed drugstore to obtain interests in additional liquor-licensed drugstores in the same manner as any other member of the controlled group, but the entire group is subject to the limits on the total number of multiple licenses allowed under current law; ( section 4 )
Restores the hours for permitted sales of fermented malt beverages to between 5 a.m. and 12 midnight ( section 5 );
Clarifies that employees of a licensed tavern or lodging and entertainment facility that regularly serves meals, which employees are under 21 years of age, are not prohibited from selling alcohol beverages ( section 5 );
Repeals the requirement that retail sales licensees check customers' identification to verify their age ( sections 4 and 5 ); and
Exempts liquor-licensed drugstores from the prohibition against having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service ( section 6 ).(Note: This summary applies to this bill as introduced.)
| 3/6/2017 Senate Third Reading Lost - No Amendments
|
| SB17-155 | Housing | Neutral | Monitor | NOT ON CALENDAR | Statutory Definition Of Construction Defect | J. Tate / L. Saine | The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'.
(Note: This summary applies to this bill as introduced.)
| 5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
|
| SB17-156 | Housing | Support | Support | NOT ON CALENDAR | Homeowners' Association Construction Defect Lawsuit Approval Timelines | O. Hill / L. Saine | C. Wist | The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:
Be a neutral third party;
Make certain disclosures before being selected; and
Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration.
Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award.
Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association:
The parties must submit the matter to mediation before a neutral third party; and
The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated.
Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/20/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-157 | Housing | Oppose | Oppose | NOT ON CALENDAR | Construction Defect Actions Notice Vote Approval | A. Williams / J. Melton | The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:
Notify all unit owners; and
Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.
The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit.
(Note: This summary applies to this bill as introduced.)
| 3/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
|
| SB17-184 | Marijuana | Support | Support | NOT ON CALENDAR | Private Marijuana Clubs Open And Public Use | B. Gardner / D. Pabon | The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications:
All members and employees of the club must be 21 years of age or older;
The club's employees must be Colorado residents;
The club cannot sell or serve alcohol;
The club cannot be a retail food establishment;
A club owner shall not sell marijuana on the premises; and
A club owner shall not permit the sale or exchange of marijuana for remuneration on the premises.
The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/10/2017 House Consideration of Second Conference Committee Report result was to Adhere - CCR produced
|
| SB17-192 | Marijuana | Formerly Opposed | Neutral | NOT ON CALENDAR | Marijuana Business Efficiency Measures | T. Neville / J. Singer | J. Melton | The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer.
Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
|
| SB17-195 | Home Rule & Local Control | Neutral | Monitor | NOT ON CALENDAR | Retail Liquor Stores Additional Licenses | A. Kerr | T. Neville / L. Liston (R) | F. Winter | Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction.
The bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows:
For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license;
A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037.
A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase.
A retail liquor store is required to:
Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and
Maintain certification as a responsible alcohol beverage vendor.
An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises.
(Note: This summary applies to this bill as introduced.)
| 2/27/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-199 | State Mandate | Neutral | Monitor | NOT ON CALENDAR | Retail Liquor Stores Additional Licenses | A. Kerr | T. Neville / L. Liston (R) | F. Winter | Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. Also, in addition to selling malt, vinous, and spirituous liquors, a retail liquor store may sell nonalcohol products, but only if the sales revenues from nonalcohol products do not exceed 20% of the store's total annual gross sales revenues.
The bill excludes from the calculation of sales revenues from nonalcohol products revenues from the sale of lottery products, cigarettes, tobacco products, nicotine products, ice, and nonalcohol beverages.
With regard to multiple licenses, the bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows:
For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years or has operated a business in Colorado for at least 10 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license;
A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037.
A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase.
A retail liquor store is required to:
Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and
Maintain certification as a responsible alcohol beverage vendor.
An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises.
(Note: This summary applies to this bill as introduced.)
| 4/6/2017 Senate Committee on Appropriations Postpone Indefinitely
|
| SB17-205 | Transportation | Neutral | Neutral | NOT ON CALENDAR | Multimodal Transportation Infrastructure Funding | J. Kefalas / P. Rosenthal | In 1999, the voters of the state authorized the executive director of the department of transportation (CDOT) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director of CDOT issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.
Section 9 requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017, 2018, or 2019 election, which, if approved, would increase the state sales and use tax from 2.9% to 3.15%, beginning on the July 1 immediately following the applicable election and would authorize the executive director of CDOT to issue additional TRANs in a maximum principal amount of $4 billion and with a maximum repayment cost of $5.75 billion. If the voters approve the ballot question, sections 3, 4, 5, and 7 implement the increase in the state sales and use tax rate. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 5 until the notes are fully repaid.
Section 10 specifies that at least $500 million of TRANs proceeds shall be used only for passenger rail service in the interstate 25 corridor and that remaining TRANs proceeds shall be used only to fund projects on CDOT's priority list for transportation funding. Section 10 also specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.
Sections 6 and 8 require all state sales and use tax net revenue that is attributable to any increase in the state sales and use tax rate resulting from the approval of the ballot question submitted pursuant to section 9 to be credited to the HUTF, paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects.(Note: This summary applies to this bill as introduced.)
| 4/4/2017 Senate Committee on Transportation Postpone Indefinitely
|
| SB17-209 | State Mandate | Neutral | Neutral | NOT ON CALENDAR | Various Changes For Access To Ballot By Candidates | K. Priola / M. Weissman (D) | The bill makes various changes to the laws governing access to the ballot.
Section 1 prohibits a designated election official from certifying to the ballot the name of any candidate who the designated election official determines is unqualified to hold office.
For a political party candidate seeking to petition onto a ballot, section 2 moves up the deadline by which the petition must be filed.
Section 3 allows a petition for nominating a school district director to designate or appoint eligible electors who comprise a vacancy committee. Section 5 adds, to the laws applying to vacancies in nominations, a process by which a vacancy in a school district director nomination is filled by such vacancy committee and specifies how the coordinated election official must proceed given the timing of the original nominee's vacancy.
Currently, each petition to nominate a candidate must have attached to it a notarized affidavit executed by the petition circulator. Section 4 directs the secretary of state to establish by rule a process that allows a circulator 5 days to cure a rejected affidavit.
Section 5 reorganizes and amends the laws pertaining to withdrawals and vacancies in nominations and designations.
Sections 6 through 12 make conforming amendments necessitated by the statutory reorganization effected in section 4.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/23/2017 Governor Signed
|
| SB17-213 | Transportation | Formerly Opposed | Neutral | NOT ON CALENDAR | Automated Driving Motor Vehicles | D. Moreno | O. Hill / F. Winter | J. Bridges (D) | The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to obtain approval from the Colorado state patrol and the Colorado department of transportation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/1/2017 Governor Signed
|
| SB17-238 | Sales & Use Tax | Oppose | Monitor/Oppose | NOT ON CALENDAR | Notifications Regarding Online Purchases | C. Holbert / C. Wist | P. Neville | Current law requires retailers that do not collect Colorado sales tax to provide notification to all Colorado purchasers showing certain information. The notification must be sent separately to all Colorado purchasers by first-class mail. The bill specifies that the notification must instead be sent to the email address used to complete the purchase and not be included with any other emails to the purchaser regarding the purchase.
The bill also repeals the notification requirement that the retailer that does not collect Colorado sales tax must send to the department of revenue for each Colorado purchaser that specifies the total amount paid for Colorado purchases.
The bill requires the department of revenue to create a 'Know What You Owe' educational campaign on their website in order to property educate Colorado taxpayers of their obligation to pay sales tax on internet purchases.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/1/2017 House Committee on Finance Postpone Indefinitely
|
| SB17-245 | Housing | | Support | NOT ON CALENDAR | Tenancies One Month To One Year Notice | K. Priola / D. Pabon | Currently, a tenancy of one month or more but less than 6 months may be terminated by either party with 7 days' notice. The bill extends the notice to 21 days. The bill also requires 21 days' notice for a landlord to increase rent in tenancies of one month or longer but less than 6 months.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| SB17-252 | Home Rule & Local Control | Neutral | Monitor | NOT ON CALENDAR | Utility Cost-saving Contract For Local Governments | J. Tate / J. Coleman (D) | L. Liston (R) | Current law allows boards of political subdivisions to enter into energy cost-savings contracts for utility cost savings. Utility cost savings are defined in law to include an installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities.
The bill specifies that the boards may also enter into energy cost-savings contracts for increasing meter accuracy, which is defined as a utility cost-savings measure.
The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the calculation must be made on a net basis.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| SB17-269 | State Mandate | Neutral | Monitor | NOT ON CALENDAR | Retail Liquor Store Sales Revenue Nonalcohol Goods | V. Marble | I. Aguilar / H. McKean | F. Winter | Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products.
The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| SB17-272 | Economic Development | | Monitor/Support | NOT ON CALENDAR | Measures Of Postsecondary And Workforce Readiness | K. Priola / P. Lundeen | B. Pettersen | Under existing law, one of the performance indicators for determining the level of performance of a public high school, a school district, the state charter school institute (institute), or the state is the degree to which high school graduates demonstrate postsecondary and workforce readiness. The performance indicator is currently measured by the high school's graduation and dropout rates; the percentage of high school graduates who receive a diploma with a postsecondary and workforce readiness endorsement; students' scores on the state assessments administered in grades 9 through 11, including the achievement college entrance exam; and the percentages of students who graduate and matriculate in the next school year into a postsecondary education option.
The bill adds as an additional measure for determining attainment of the postsecondary and workforce indicator the percentage of students enrolled in high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at a level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation.
The bill defines the demonstration options as those adopted by the state board of education in adopting the high school graduation guidelines. The state board must set achievement standards for each demonstration option that indicate the minimum achievement level required for high school graduation and a higher achievement level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation.
The bill requires each school district and the institute to report to the department of education the graduation requirements that the school district, each charter high school of the school district, and each institute charter high school adopts, including the options available to high school students for demonstrating college and career readiness.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
|
| SB17-278 | Transportation | Support | Support | NOT ON CALENDAR | Prohibit Nuisance Exhibition Motor Vehicle Exhaust | D. Coram / J. Ginal | The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a gross vehicle weight rating of 14,000 pounds or less in a manner that obstructs or obscures the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
|
| SB17-279 | Urban Renewal | Support | Support | NOT ON CALENDAR | Applicability Recent Urban Renewal Legislation | B. Martinez Humenik | R. Zenzinger / M. Gray | S. Beckman | The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues in the following respects:
The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed modification that substantially changes provisions of the plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope of method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing. If the modification is substantial, the modification is subject to pertinent requirements of the urban renewal law addressing modifications. For plans to which a pledge of the revenues deposited into the special fund was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the modification requirements of the urban renewal law.
Not less than 30 days prior to approving any modification of a plan, the bill requires the governing body or an urban renewal authority (authority) to provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court is required to enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, the court is required to further enjoin any action by the authority until there has been compliance with statutory provisions addressing the sharing of incremental property tax revenues.
The bill prohibits any action from being brought to enjoin any undertaking or activity of the authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within 45 days after the date the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the bill also requires the authority to mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area.
Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any substantial modification of any plan approved on or after January 1, 2016.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/25/2017 Governor Signed
|
| SB17-281 | State Mandate | Oppose | Monitor/Oppose | NOT ON CALENDAR | Hold Colorado Government Accountable Sanctuary Jurisdictions | V. Marble | T. Neville / P. Covarrubias | D. Williams | The bill is known as the 'Colorado Citizen Protection Against Sanctuary Policies Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests.
The bill states that it is the policy of this state to ensure, to the fullest extent of the law, that the state or a political subdivision (jurisdiction) of the state complies with federal immigration law. In addition, pursuant to a recent presidential executive order, the United States secretary of homeland security has the authority to designate, in his or her discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction that willfully refuses to comply with federal immigration law. A jurisdiction that violates the following requirements is deemed to be out of compliance with the requirements of federal immigration law and is deemed to have established a sanctuary jurisdiction policy if it:
Prohibits, or in any way restricts any jurisdiction, official, or employee from sending to, or receiving from, federal immigration agencies information regarding the citizenship or immigration status, lawful or unlawful, of any individual; or
Prohibits, or in any way restricts, a jurisdiction from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
Sending such information to, or requesting such information from, federal immigration agencies;
Maintaining such information;
Exchanging such information with any other federal, state, or political subdivision of the state; or
Encourages the physical harboring of an alien in violation of federal law.
A jurisdiction is also deemed to have created a sanctuary jurisdiction policy for purposes of the bill if it is officially notified by the federal department of justice or the federal department of homeland security that it is not in compliance with federal immigration law or if it has been denied federal grant funds based on lack of compliance with federal immigration law.
The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. On or before July 1, 2018, and on or before July 1 of each year thereafter, the governing body of any jurisdiction in this state is required to annually submit a written report and affirmation to the department of public safety (department) that the jurisdiction is in compliance with federal immigration law and the provisions of the bill. If the department does not receive those written reports and affirmations, the department is required to provide the name of that jurisdiction to the state controller.
On or before September 1, 2018, and on or before September 1 of each year thereafter, the department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. Commencing with the 2018-19 fiscal year and each fiscal year thereafter, the state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with the compliance and affirmation requirement. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance.
The department is required to republish on its website, once the information is available, the data reported by the federal immigration and customs enforcement agency that pertains to Colorado on the apprehension and release of aliens from custody as compiled by that agency and reported weekly pursuant to a federal memorandum issued by the federal department of homeland security.
The bill waives governmental immunity protection from claims brought against a jurisdiction and against its public employees for personal injuries caused to crime victims as a result of the jurisdiction creating sanctuary jurisdiction policies in violation of the federal law. Governmental immunity is waived and compensatory damages may be awarded under the 'Colorado Governmental Immunity Act' to the crime victim if the person who engaged in the criminal activity:
Is determined to be an illegal alien;
Had established residency in a jurisdiction that had adopted a sanctuary jurisdiction policy; and
Is convicted of the crime that is a proximate cause of the injury to the crime victim.
The bill states that nothing in the bill relating to compliance with federal immigration laws and nothing in the 'Colorado Governmental Immunity Act' shall be construed to require a jurisdiction or a public employee to violate an applicable court ruling from the United States tenth circuit court of appeals or the United States supreme court regarding the enforcement of any provision of federal immigration law.
The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law or by a federal immigration agency.
The bill includes a severability clause. The bill takes effect January 1, 2018, and applies to acts or omissions occurring on or after said date.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
|
| SB17-285 | Urban Renewal | Oppose | Monitor/Oppose | NOT ON CALENDAR | Downtown Development Authorities Fairness Act | K. Grantham / P. Lawrence | K. Becker | The bill modifies certain statutory requirements applicable to a downtown development authority (authority) in the following respects:
In all cases where any plan of development managed by the authority includes an allocation of property tax increment generated by the mill levy imposed by one or more public bodies that are not municipalities, the bill requires that one director of the board of such authority be appointed by agreement of the boards of county commissioners of each county other than a city and county whose property taxes are subject to allocation under any such plan. One director must also be appointed by agreement of the boards of education of each school district whose property taxes are subject to allocation under any such plan and one director must also be appointed by agreement of the boards of directors of each special district whose property taxes are subject to allocation under any such plan.
The bill specifies additional requirements applicable to the appointment of board members.
In connection with existing statutory procedures permitting an authority to allocate taxes it collects to a special fund to finance a plan of development, the bill clarifies that the taxes that may be allocated are the property taxes of specifically designated public bodies.
Before any plan of development containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body, the bill requires the authority to notify the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of the municipality and of each taxing entity are then required to meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue collected within the plan of development area. The agreement may be entered into separately among the municipality, the authority, and each such taxing entity, or through a joint agreement among the municipality, the authority, and any taxing entity that has chosen to enter into that agreement. Any such shared incremental tax revenues governed by any agreement are limited to incremental revenue that may be allocated to a plan of development.
The bill gives the parties 120 days to negotiate an agreement. If, after such period has passed, the parties fail to enter into an agreement, the bill requires the parties to participate in mediation on the issue of the appropriate sharing of incremental property tax revenues and the costs of a development project among the municipality, the authority, and any such taxing entities whose incremental property tax revenues will be allocated pursuant to a plan of development and with whom an intergovernmental agreement with the municipality and the authority has not been reached.
The mediation is to be conducted by a mediator jointly selected by the parties. If the parties are unable to agree on the appointment of a single mediator, the bill specifies requirements governing the appointment by the parties of a 3-mediator panel, payment of the mediator's fees and costs, and issues the mediator is to consider in making his or her determination.
Within 90 days, the bill requires the mediator to issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and to promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality is required to:
Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the plan of development and an intergovernmental agreement and proceed to adopt the plan;
Amend the plan of development to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or
Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or enter into new negotiations with one or more taxing entities and enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement.
The bill prohibits any incremental property tax revenues from being allocated to and paid into the special fund of the authority unless the municipality and the authority have satisfied the mediation and other requirements of the bill.(Note: This summary applies to this bill as introduced.)
| 4/18/2017 Senate Committee on Finance Postpone Indefinitely
|
| SB17-296 | Education | | | NOT ON CALENDAR | Financing Public Schools | O. Hill / B. Pettersen | The bill sets the statewide base per pupil funding amount for the 2017-18 budget year at $6,546.20, which is an inflationary increase of 2.8%, and establishes the minimum amount of total program funding for the 2017-18 budget year.
The bill requires that the sum of the total program funding for all schools for the 2017-18 budget year is not less than $6,634,600,182.
The bill authorizes the state board to approve supplemental assistance from the contingency reserve fund for a district that experiences an unusual financial burden that results from implementing a new program or school or expanding a program in the district that results in a 20% or greater increase in the district's pupil enrollment from the pupil enrollment used to calculate the district's total program funding for the applicable budget year. The district must reimburse the contingency reserve fund at the time funding is adjusted for actual pupil enrollment for the applicable budget year.
The bill changes the terminology used in the school finance act to describe the reduction in the state's share of total program funding from the phrase 'negative factor' to 'budget adjustment'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
|
| SB17-303 | Transportation | Neutral | | NOT ON CALENDAR | State Highway System Funding And Financing | J. Cooke | T. Neville / C. Wist | P. Neville | On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects.
Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.(Note: This summary applies to this bill as introduced.)
| 5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee
|