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1 Issues Resources Events Legislative CML Member Directory Publications Blogs Statehouse Report By Topic CareerLink Civic Engagement Clerk Advisor Program Legal Listservs Municipal Data Map MUNIversity New to Elected Office? Periodicals Running for Office? Training Materials Videos In this issue... Affordable Housing Beer & Liquor Criminal Justice Employment Energy Historic Preservation Homelessness Limited Gaming Marijuana Oil and Gas Parks and Recreation Pensions & Retirement Public Safety Affordable Housing: State Low-Income Housing Tax Credit During the 2014 legislation session, HB was passed to create a state lowincome housing tax credit that is operated through the Colorado Housing and Finance Authority (CHFA); CML supported this legislation. The program was reauthorized in 2016 until Legislation was introduced to reauthorize the program in 2018 ahead of its sunset date in Since its inception, the program has directly supported 4,263 affordable housing units statewide. It is another tool for the state to develop affordable housing in communities. Bill: SB , State Low Income Housing Tax Credit Sponsors: Sens. Jake Tate, R-Cenntenial & Lucia Guzman, D-Denver; Speaker Crisanta Duran, D-Denver & Rep. Jon Becker, R-Ft. Morgan Status: H. Appropriations Updated 3/23/2018 Beer & Liquor: Expanded Malt Liquor License

2 Records Severance Tax & FML Sustainability Transporation Transportation Utilities Water & Wastewater Share with social networks SB is language pursued by the Colorado Licensed Beverage Association that was roundly rejected in interim stakeholder discussions. While various industry players have objections to the bill because it changes aspects of SB , CML s opposition is narrowly tailored to the burden that would be placed on municipalities in two ways: 1. Being forced to administer new licenses for fermented malt beverage licensees that are already licensed in good standing, and: 2. Being in the position to potentially deny a licensee in good standing to continue to operate because of the requirement that a needs and desires process be conducted CML members are working within the narrow constraints of the statutes as they were amended by SB Only a slight course correction is needed to ensure proper local control over new fermented malt beverage licenses once the can sell malt liquor starting on January 1, SB goes too far beyond that course correction. Testimony was taken on the bill in committee, and then it was laid over for later action. It has not yet been scheduled. Bill: SB , Expanded Malt Liquor License Sponsors: Sen. Ray Scott, R-Grand Junction Status: S. State, Veterans & Military Affairs Position: Oppose Lobbyist: Kevin Bommer Updated 3/23/2018 Beer & Liquor: Retailer Off-site Service Permit SB would allow a retail liquor store, hotel/restaurant, or liquor licensed drug store licensee to apply to the state licensing authority for an off-site service permit. The permit would authorize the permittee to furnish and serve alcohol beverages for private events at an off-premises location. There are a number of issues with this proposal, but CML has two primary concerns related to local control. One, there is no requirement that the licensee seek approval from the local licensing authority that issues their license. Two, the licensee would be permitted to furnish alcohol beverages in another jurisdiction without any involvement from that jurisdiction's local licensing authority. Numerous industry groups are opposed to the bill. It's original April 2 hearing date was delayed. Bill: SB , Retailer Off-site Service Permit Sponsors: Sens. Cheri Jahn, U-Wheat Ridge, and Jerry Sonnenberg, R-Sterling Status: H. Business Affairs & Labor Position: Oppose

3 Lobbyist: Kevin Bommer Criminal Justice: Conflict Free Municipal Court Defense Late in 2017, the ACLU made it known that a legislative priority for them in 2018 was requiring "conflict-free" defense representation in municipal courts. For several months, League staff and members of the municipal judges association have been negotiating with the ACLU regarding public defenders in municipal courts. What the ACLU wanted to see was an entirely independent entity that had hiring/firing/evaluation authority over municipal public defense. CML and members of the municipal judges association had concerns with municipalities losing authority over their public defenders the hiring and firing of public defenders. The parties have a reached a compromise with legislation that gives access to Alternative Defense Counsel (ADC) for municipalities to contract directly with them for public defense. Additionally, it allows municipalities to continue to directly contract their own defense counsel; however, ADC will do periodic third party evaluations. There is a third option that a municipality may contract with their own counsel and choose a private law firm to to the third party evaluations. Finally, the legislation empowers municipalities to set up their own independent commissions if they so choose which is what some municipalities are currently doing. The committee took testimony on SB on March 21st then laid the bill over for further action in order to work on potential amendments. CML and the ACLU worked on an amendment to fix several concerns including language around who chooses the independent commissions and clarifying the use of municipal fees. The Senate Judiciary Committee took action on SB on March 28. The committee did not adopt the amendment that CML worked on, but they did adopt an amendment brought by the City of Colorado Springs. The amendment makes substantial changes to SB including removing all references to independent counsel or oversight. CML will continue to follow the legislation closely. Bill: SB , Conflict Free Municipal Court Defense Sponsors: Sen. Vicki Marble, R-Fort Collins; Rep. Susan Lontine, D-Denver Status: S. Judiciary Updated 3/30/2018 Criminal Justice: Court System For Remote Participation In Hearings This legislation passed out of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee. The bill creates a program at the state level to implement the use of technology to hold hearings more quickly and more efficiently. Several municipal courts have expressed interest in participating in such a

4 program. CML worked with the sponsor to include an option for municipal courts to opt-in to the program and that amendment was adopted in the House Judiciary Committee. CML supports municipal courts gaining further access to technology for more efficient municipal court operations. Bill: HB , Court System For Remote Participation In Hearings Sponsors: Rep. Dafna Michaelson Jenet, D-Commerce City; Sens. Larry Crowder, R- Alamosa and Rhonda Fields, D-Aurora Status: S. State, Veterans & Military Affairs Criminal Justice: Enhancing Protections for Minors Involved in Human Trafficking SB provides immunity for minors who participated in acts of prostitution as part of a human trafficking ring. Human trafficking is a huge issue in Colorado and victims rights advocates are working to avoid criminal punishment for minors forced into illegal acts against their will. CML generally agrees with this tenet; however, we have concerns that providing blanket immunity to these minors may not leave any incentive for them to work with law enforcement. Many municipalities are dealing with massage parlors popping up in their communities as a result of these human trafficking rings, and have few tools to shut them down. There are several potential amendments to the bill, and CML is working with proponents with the hope of addressing our concerns. Bill: SB , Enhancing Protections for Minors Involved in Human Trafficking Sponsors: Sen. John Kefalas, D-Fort Collins; Reps. Lois Langraf, R-Fountain, and Paul Lundeen, R-Monument Status: S. Judiciary Position: Oppose unless amended Criminal Justice: Funding HB Legislation to fund the unfunded mandate created by HB will be introduced early next week. HB requires defense counsel at first appearance in municipal court. In his budget request, the governor set aside $2 million of general fund for a reimbursement program administered by the Colorado Department of Local Affairs. That line item was approved by the Joint Budget Committee and is currently in the HB , the state budget. HB will go into effect on July 1, Bill: Funding HB

5 Sponsors: Rep. Susan Lontine, D-Denver & Rep. Terri Carver, R-Colorado Springs; Sen. Vickie Marble, R-Fort Collins Status: Not yet introduced Updated 3/30/2018 Criminal Justice: Monetary Bond and Bail HB proposes monetary bond and bail reform. This includes removing monetary bail for municipal ordinance violations, petty offenses, and certain low level misdemeanors. CML recognizes that criminal justice reform is a national movement and an important conversation. Several municipal judges and CML staff are already working with the ACLU on potential monetary bond and bail reform in municipal courts and we are happy to continue that conversation. Our concern with HB is that, if passed, this legislation will leave municipal courts with zero remedies to incentivize individuals that frequently fail to appear in court to appear. Several municipal judges and CML staff have met multiple times with the sponsor and bill proponents. The conversation is thoughtful and we appreciate the willingness of the sponsor to hear our concerns. Unfortunately, the proposed amendments to HB did not solve all of CML's concerns. Ultimately, HB passed the House Judiciary Committee, as amended, on a party-line vote. On 3rd reading, the bill sponsor asked to send HB back to 2nd reading for a substantial amendment. The amendment affects individuals with multiple DUIs and does not solve CML's concerns. After passing the House, HB was introduced in the Senate and assigned to State, Veterans & Military Affairs. Bill: HB , Monetary Bond and Bail Sponsors: Rep. Adrienne Benavidez, D-Commerce City Status: S. State, Veterans & Military Affairs Position: Oppose Employment: Medical Leave Insurance The legislation establishes the Family Medical Leave Insurance (FAMLI) program in the Department of Labor as a TABOR-exempt enterprise funded with no more than a 0.99% employee payroll deduction. The program would provide partial wage replacement to employees while out on authorized family medical leave as specified in the bill. Employees of both private and public employers in Colorado are covered. The prospects for this bill are dim again this year in the Senate. CML and other organizations representing employers have spoken with sponsors about additional provisions like allowing the employer to retain a portion of the revenue to cover the

6 administrative costs of the automatic payroll deduction. While that will not be included in this year's bill, there is an expectation that it would be discussed when the bill is no doubt introduced in Bill: HB , Medical Leave Insurance Sponsors: Reps. Faith Winter, D-Westminster, and Matt Gray, D-Broomfield; Sen. Kerry Donovan, D-Vail Status: H. Appropriations Lobbyist: Kevin Bommer Employment: Repeal Prohibition on Local Minimum Wage In 1999, SB which purported to restrict the ability of municipalities to enact their own minimum wages - was enacted. At the time, CML did not oppose the legislation for a variety of reasons but mostly because it was generally believed that all municipalities were already preempted from wage regulation based on prior decisions of the Colorado Supreme Court. This legislation has been unsuccessful in previous legislative sessions. At the time, proponents stated that "towns, cities, and counties in Colorado would be able to establish local minimum wages commensurate with the local cost of living," if the law was stricken. CML is not aware of any other relevant changes between 1999 and present that would otherwise change the preemptions on wage regulation that CML and others believe existed prior to the law's enactment. However, one notable change from prior bills is an affirmative enabling legislation that would empower local governments to set local minimum wage rates beyond those that are now mandated by the Colorado Constitution. If the legislation were to pass, it is not clear whether the inevitable legal challenges would overcome prior court decisions that seem to carve out private labor relations as a matter of statewide concern. If so, separate local action could be preempted. Bill: HB , Repeal Prohibition on Local Minimum Wage Sponsors: Reps. Jessie Danielson, D-Wheat Ridge, and Jovan Melton, D-Aurora; Sens. Michael Merrifield, D-Colorado Springs, and Dominick Moreno, D-Commerce City Status: H. Local Government Lobbyist: Kevin Bommer Updated 4/12/2018 Energy: Colorado Energy Office SB restores funding for the Colorado Energy Office (CEO) for four years and makes a number of reforms to the mission of the office to take an all of the above approach to promoting both alternative and conventional sources of energy in

7 Colorado. The bill also removes and repeals a number of programs that allegedly are obsolete or no longer implemented by the office. This bill is a dressed down version of Sen. Ray Scott s energy omnibus legislation (SB ) that was introduced last year that had a large number of provisions both related and unrelated to the CEO. When that bill failed to pass on the second to last day of the session, the CEO lost its state funding and has since been operating solely on the funding it receives from the federal government. Bill: SB , Colorado Energy Office Sponsors: Sen. Ray Scott, R-Grand Junction Status: H. Transportation & Energy Updated 3/2/2018 Historic Preservation: Historic Preservation Tax Credit HB extends the Historic Preservation Tax Credit that was established in CML supported the program. The credit aimed at spurring investment in communities throughout the state, and the specific carve out for small projects helps ensure that rural communities are well represented. It is jointly administered by History Colorado and the Office of Economic Development and International Trade. HB continues the credit at $10 million annually, with $5 million for small projects and $5 million for larger projects. It also expands the program with additional incentives in rural areas and small projects. Finally, it separates the residential and commercial tax credit in statute for more clarity. CML thanks Trinidad Mayor Phil Rico for his testifying in support of HB in CML's behalf. Bill: HB , Historic Preservation Tax Credit Sponsors: Reps. Daneya Esgar, D-Pueblo and Hugh McKean, R-Loveland; Sens. Jack Tate, R-Centennial and Leroy Garcia, D-Pueblo Status: H. Appropriations Updated 3/2/2018 Homelessness: Creation of State START Program This bill creates the State Access to Resources and Training (START) Grant Program in the Department of Local Affairs (DOLA). The program will provide public safety, social services, and nonprofit agencies with funding to provide assistance personnel and to develop community-centered servicesto persons experiencing homelessness. The grant program is a response to a lack of resources at the state level for local governments to end the cycle of homelessness.

8 Bill: HB , Creation of State START Program Sponsors: Reps. Hugh McKean, R-Loveland & Paul Rosenthal, D-Denver Status: H. Appropriations Updated 3/23/2018 Limited Gaming: Clarification of Illegal Gambling With CML s support, legislation was passed to outlaw internet sweepstakes cafés that were operating in municipalities outside of the constitutionally approved cities Black Hawk, Central City, and Cripple Creek. Though that legislation passed in 2015, there are still entities operating that argue the current statute is too vague to apply to internet sweepstakes cafes because they are games of skill. HB further clarifies that internet sweepstakes cafes are illegal gambling. Bill: HB , Clarification of Illegal Gambling Sponsors: Reps. KC Becker, D-Boulder & Paul Lundeen, R-Monument; Sens. Kevin Grantham, R-Cañon City & Tim Neville, R-Littleton Status: H. Business Affairs & Labor Updated 3/30/2018 Limited Gaming: Local Government Limited Gaming Impact Fund The Colorado constitution authorizes limited gaming in specific geographic areas of the state. There is a tax imposed on limited gaming, the rate of which is set by the Colorado limited gaming control commission, but the constitution provides that the rate may not exceed 40% of the adjusted gross proceeds. The proceeds of the tax are credited to the limited gaming fund where the expenses of the commission are paid and then the money is distributed 50% to the state share, 28% to the state historical fund, 12% to Gilpin and Teller counties, and 10% to the cities of Central City, Black Hawk, and Cripple Creek. As of legislation passed in 2013, the local government limited gaming impact fund receives $5 million of the state share annually. This fund is used for grants to eligible local governmental entities for documented gaming impacts, including law enforcement and other services. SB annually increases the amount of money credited to the local government limited gaming impact fund by an amount equal to the growth of the state share from the previous fiscal year. Based on the growth the state share had this year the fund would receive roughly an additional $200,000. The League supports any legislation that increases the funding going to local governments for gaming impacts.

9 Bill: SB , Local Government Limited Gaming Impact Fund Sponsors: Sen. Bob Gardner, R-Colorado Springs; Rep. Terri Carver, R-Colorado Springs Status: S. Appropriations Updated 3/16/2018 Marijuana: Accessory Consumption Establishments HB would allow medical marijuana centers and retail marijuana stores to have an off-premise accessory consumption facility, if allowed by the local jurisdiction. Local jurisdictions that have medical and/or retail marijuana would have to opt-in to the statute by either adopting an ordinance or by a successful initiative or referendum. The proponents have worked diligently to address issues that CML objected to in the original draft and that the remaining issues that CML has objected to will be appropriately amended in committee. Amendments were adopted in House Finance that allowed CML to withdraw opposition. The League is now neutral on the bill. With 100% opt-in and the ability to be more stringent in every aspect, CML believes this proposal strikes the right approach to local control. Bill: HB , Accessory Consumption Establishments Sponsors: Reps. Jonathan Singer, D-Longmont, and Jovan Melton, D-Aurora; Sens. Tim Neville, R-Littleton, and Stephen Fenberg, D-Boulder Status: H. 2nd Reading Lobbyist: Kevin Bommer Marijuana: Allow Samples for Limited Purposes Under current law, manufactures and cultivators have to purchase their own product back from a retailer or medical marijuana center to try it out. HB permits them to provide a sample to a manager for "quality control" and "product development." The bill restricts the quantities and requires offsite consumption. Additional restrictions are meant to protect against diversion. Some CML members have concerns about the way the bill is constructed and weren't part of more detailed conversations the proponents had with state entities. At this point, CML and other members have requested a local opt-out provision - or other reasonable limitations - in case anticipated state rules do not address any of the issues identified. An opt-in amendment was offered and defeated on second reading in the House. As a compromise, the bill was amended to limit the managers that are allowed to sample and the amounts of the samples. CML is now neutral on the bill.

10 Bill: HB , Allow Samples for Limited Purposes Sponsors: Rep. Matt Gray, D-Broomfield; Sen. Vicki Marble, R-Ft. Collins Status: H. Business Affairs & Labor Lobbyist: Kevin Bommer Marijuana: Delivery Pilot Program The bill creates a pilot program to allow marijuana delivery. Upon request from one to three municipalities, the marijuana state licensing authority can enter into a up to three memorandums of understanding to allow medical and/or retail marijuana delivery. In order to issue a local marijuana delivery license, at least one of the municipalities would have to allow medical and/or retail marijuana, but the other municipalities could be opted-out and still allow delivery. While the business would be licensed locally by one municipality, it is not clear how local enforcement and administration would occur with allowed deliveries outside of the licensee's jurisdiction. The CML Policy Committee nearly recommended opposition but ultimately voted for a neutral position, essentially because it is not anticipated any municipality would opt to license delivery. Bill: HB , Delivery Pilot Program Sponsors: Rep. Jovan Melton, D-Aurora; Sen. Tim Neville, R-Littleton Status: S. Judiciary Lobbyist: Kevin Bommer Updated 3/30/2018 Oil and Gas: Increased Reporting of Oil and Gas Incidents HB would require an oil and gas operator to file written and verbal reports on oil and gas related events with the Colorado Oil and Gas Conservation Commission (COGCC). The bill provides specific examples of what a "reportable event" is and involves oil and gas spills, accidents or explosions that may cause harm to the environment, employees or the general public. The legislation also requires the COGCC to post these reports on their website in a searchable database. Bill: HB , Increased Reporting of Oil and Gas Incidents Sponsors: Reps. KC Becker, D-Boulder, and Jonathan Singer, D-Longmont Status: H. 3rd Reading

11 Oil and Gas: Local Government Liability SB 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. It is identical to HB , which CML also opposed. That bill was postponed indefinitely by the House State, Veterans & Military Affairs Committee on March 7. Bill: SB , Local Government Liability Sponsors: Sen. Vicki Marble, R-Fort Collins, Rep. Perry Buck, R-Windsor Status: H. State, Veterans & Military Affairs Position: Oppose Oil and Gas: Modifications to Force Pooling Requirements Last session the Colorado General Assembly attempted to broker a bipartisan agreement on "forced pooling" the process in which an oil and gas operator can apply to the Colorado Oil and Gas Conservation Commission (COGCC) for a permit to compel non-consenting mineral owners within a specified drilling unit to produce their minerals. Although the bill ultimately died in the senate, it was evident that there were a number of core principles that both parties agreed upon - namely an increase in the notification period to non-consenting owners prior to a COGCC hearing from 30 days to 60 days and increased transparency measures that provides mineral owners a clear understanding of the process and their rights. This year, through SB , the Colorado General Assembly is again attempting to broker an agreement on this issue and these provisions are included in this year's legislation. The bill also attempts to address a number of other issues as well including increasing a non-consenting owners share or production costs and royalty payments and exemptions from any liability costs associated with the mineral development. Although CML is currently neutral on this issue, we are committed to supporting a bipartisan solution that helps protect the property rights of municipalities who own mineral interests. We will continue to work toward a solution with this end in mind and will support HB when we see that the legislation meets this threshold. Bill: SB , Modifications to Forced Pooling Requirements

12 Sponsors: Sen. Vicki Marble, R-Fort Collins; Rep. Lori Saine, R-Dacono Status: S. Agriculture, Natural Resources & Energy Updated 4/12/2018 Oil and Gas: School Set Back Requirements The Colorado Oil and Gas Conservation Commission (COGCC) rules require oil and gas production facilities and wells to be located at least 1,000 feet from school buildings. This legislation changes the setback requirement to state that it applies to the school property line and not the school building. An exemption would be provided if a school commences operations near oil and gas facilities or wells that are already in use or permitted. Bill: HB , School Set Back Requirements Sponsors: Reps. Mike Foote, D-Lafayette, and Matt Gray, D-Broomfield; Sens. Matt Jones, D-Lousiville, and Irene Aguilar, D-Denver Status: H. Health, Insurance & Environment Parks and Recreation: Reauthorization of the Division of Lottery Legislation will be introduced in 2018 to reauthorize the Division of Lottery in the Department of Revenue. Per the Colorado Constitution, Colorado Lottery funds parks and recreation and open space projects all over the state. Many municipalities have received Conservation Trust Fund dollars as well as grants through Great Outdoors Colorado. CML supports the re-authorization as all of our members have benefited from projects funded by Lottery proceeds. As introduced, SB permanently removed the sunset provision, members of the Senate Finance Committee had concerns with continuing the division in perpetuity so the bill was amended to insert that the division will sunset in 25 years. Bill: SB , Reauthorization of the Division of Lottery Sponsors: Sens. Jerry Sonnenberg, R-Sterling, and Leroy Garcia, D-Pueblo; Reps. Jeni James Arndt, D-Fort Collins and Cole Wist, R-Centennial Status: H. 2nd Reading

13 Pensions & Retirement: PERA Reform SB passed Senate and was recently introduced in the House. In the Senate, the bill was amended to eliminate the employer contribution increase in all divisions in and made conforming changes. CML had asked for this change for the Local Government Division, as well as a reduction in the employee contribution increase in the Local Government Division from 3% to 1%. As amended, the bill would only increase the Local Government Division s time frame for 100% funded status from 15 years to 17 years. Cutting the employee increase to 1% would extend the time frame only three additional years. CML moved to support and has continued to work on reducing the employee contribution increase. The sponsors will propose an amendment to eliminate any employee increase for Local Government Division employees and preserve the current contribution rate for employers. More details are available in CML's position paper. Bill: SB , PERA Reform Sponsors: Sens. Jack Tate, R-Centennial, and Kevin Priola, R-Brighton; Reps. KC Becker, D-Boulder, and Dan Pabon, D-Denver Status: H. Finance Lobbyist: Kevin Bommer, Dianne Criswell Public Safety: Prohibiting Use of Drones to Obstruct Public Safety Operations HB would create a class 2 misdemeanor offense when persons operating an unmanned aircraft system (or "drone") violate one or more safety requirements and obstruct, impair or hinder public safety operations. Bill: HB , Prohibiting Use of Drones to Obstruct Public Safety Operations Sponsors: Reps. Joann Ginal, D-Fort Collins and Polly Lawrence, R-Littleton; Sen. John Cooke, R-Greeley Status: H. Judiciary Updated 3/23/2018 Public Safety: Civil Asset Forfeiture Following his signing of HB regarding civil asset forfeiture, Gov. John Hickenlooper convened a task force made up of supporters and opponents of HB The task force met several times in the interim, and HB is the legislation to implement the task force recommendations. This legislation includes a grant program

14 for law enforcement agencies, a new share back formula for law enforcement that will now utilize the state civil asset forfeiture process, clarification of which agencies must report the use of civil asset forfeiture to the Department of Local Affairs, and expansion of the reporting requirement to apply to certain local public nuisance ordinances. The last issue was a contentious conversation as the League was concerned with a broad reporting requirement for municipalities that seize property under public nuisance ordinances. Through negotiation, the ACLU and CML developed language that applies a reporting requirement for a municipality if they receive proceeds through a forfeiture process. Bill: HB , Civil Asset Forfeiture Sponsors: Rep. Leslie Herod, D-Denver; Sens. Bob Gardner R-Colorado Springs, and Daniel Kagan, D-Cherry Hills Status: H. 3rd Reading Public Safety: Create Next Generation Board As introduced, HB created a Colorado next generation 911 board (board) in CDPS. The board's purpose is to lead the planning for, implementation of, and transition to a sustainable next generation 911 service in Colorado. Several Authorities expressed concerns with the make-up of the proposed board as well as concerns that the board would be redundant and disruptive. Now that the parties have met, the bill was rewritten to require the Public Utilities Commission (PUC) to submit an annual report to the public safety community on the progress of next generation 911 in Colorado. Bill: HB , Create Next Generation Board Sponsors: Reps. Tony Exum, D-Colorado Springs & Polly Lawrence, R-Littleton; Sens. Bob Gardner, R-Colorado Springs & Irene Aguilar, D-Denver Status: H. Appropriations Updated 3/30/2018 Public Safety: Expand Access to Behavioral Health Providers This legislation adds behavioral health care providers to the list of health care providers that are eligible for loan repayment. It also creates a scholarship program to cover costs of certification and medication assisted treatment training. The goal is to get providers in rural areas and increase the opportunities for substance abuse treatment in rural

15 areas. Bill: SB , Expand Access to Behavioral Health Providers Sponsors: Sens. Cheri Jahn, I-Wheat Ridge and Jack Tate, R-Centennial; Rep. Jonathan Singer, D-Longmont Status: S. Appropriations Updated 1/30/2018 Public Safety: Law Enforcement Information Sharing Grant Program SB creates the law enforcement information-sharing grant program within the Division of Homeland Security and Emergency Management. The grant program created in the bill will provide a grants, at the division's discretion, to various state and quasi state entities. The grant is for the purpose of operating and maintaining a law enforcement information-sharing system. The grant program is funded from the marijuana tax cash fund. Bill: SB , Law Enforcement Information Sharing Grant Program Sponsors: Sen. Rhonda Fields, D-Aurora; Rep. Dan Pabon, D-Denver Status: S. Appropriations Updated 3/16/2018 Public Safety: Opioids and Health Plans This bill prohibits individual and group health benefit plans from requiring prior authorization for medication-assisted treatment, and requires all individual and group health benefit plans to include in the carrier's prescription drug benefit coverage a transdermal analgesic lidocaine patch for treatment of pain. Since municipalities are employers, and many with group plans, CML staff will track this legislation with a neutral position. Bill: Opioids and Health Plans Lobbyist: Kevin Bommer Updated 12/20/2017 Public Safety: Prevention of Opioid Misuse

16 This is proposed legislation out of the legislative interim committee on opioid and substance abuse. The bill sets aside funds for substance abuse programs from the marijuana tax cash fund and continues the opioid interim committee for three years. The committee will meet year around. The legislation also allows for school-based health clinics to utilize grant funding to provide treatment for opioid and other substance use disorders. Bill: HB , Prevention of Opioid Misuse Sponsors: Rep. Brittany Pettersen, D-Lakewood; Sens. Cheri Jahn, I-Wheat Ridge and Kevin Priola, R-Brighton Status: H. Appropriations Updated 3/16/2018 Public Safety: Revoke P.O.S.T. Certification Due to Untruthful Statement HB requires the peace officers standards and training board (P.O.S.T.) to revoke the certification of a peace officer if the P.O.S.T. board receives notification from a law enforcement agency that employs the officer that the officer made an untruthful statement or omitted a material fact. This includes statements on an official law enforcement document or while testifying at an official judicial proceeding, during an internal affairs investigation, or an administrative process. The Colorado Association of Chiefs of Police requested the legislation and testified in support. Bill: HB , Revoke P.O.S.T. Certification Due to Untruthful Statement Sponsors: Rep. Joe Salazar, D-Thornton Status: H. Judiciary Updated 3/9/2018 Records: Protections for PII and Notification of Data Breaches The Colorado Attorney General is charged with enforcing the Consumer Protection Act. The Attorney General s Office (AGO) put forward the proposed changes in HB to provide updates to the Act to adopt best practices in the management of personally identifiable information (PII) in light of recent data breaches reported in national news outlets (for eg. Equifax) legislation. HB as introduced required private entities in Colorado that collect PII to:

17 adopt policies to maintain and destroy PII; implement and maintain reasonable security procedures for PII; and disclose and provide notification of data breaches. The committee amendment adopted on February 15 added governmental entities, including municipalities, to the data breach provisions. While we may have questions about implementation of the statutory duties in the amended bill (which overlays with the other federal, state, and local requirements that we already follow) we believe that Colorado s municipalities take their records custodial duties, including the protection of PII, seriously. Bill: HB , Protections for PII and Notification of Data Breaches Sponsors: Reps. Cole Wist, R-Centennial and Jeff Bridges, D-Greenwood Village; Sens. Kent Lambert, R-Colorado Springs and Lois Court, D-Denver Status: H. Appropriations Lobbyist: Dianne Criswell Updated 3/16/2018 Severance Tax & FML: Debruce Severance Tax HB was initiated by CML with the express purpose of: 1. Protecting severance tax dollars for their statutorily designated purposes for environmental and energy impact programs, and; 2. Ensuring General Fund flexibility for the legislature for K-12, transportation, higher education, affordable housing, or any other legislative funding priorities. Unfortunately, the discussion in committee is going to be about the effective tax rate on oil and gas, and it might even be about the problems created by TABOR. CML believes those are debates for another day because with or without HB 1201, the General Assembly or citizens (absent an approved tax increase with debrucing) will be unable to make any changes that would have the effect of increasing revenue subject to TABOR. The state is projected to hit the TABOR revenue limit as soon as next year, which means the General Assembly must act this year to give voters a chance to remove severance

18 tax from the TABOR calculation and save an equivalent amount for use on General Fund priorities. The bill is scheduled for Monday, April 9 in committee. CML's position paper can be found here. Bill: HB , Debruce Severance Tax Sponsors: Rep. Dan Thurlow, R-Grand Junction; Sen. Don Coram, R-Montrose Status: H. Finance Lobbyist: Kevin Bommer Sustainability: Comprehensive Plan to Address Climate Change HB puts forward a set of greenhouse gas emissions targets for the state. Specifically, the bill puts forward a statewide goal that greenhouse gas emissions be reduced by 26 percent below 2005 levels by It also sets carbon dioxide emissions targets for electrical generation to be reduced by 25 percent below 2012 levels and by 30 percent by Bill: HB , Comprehensive Plan to Address Climate Change Sponsors: Rep. Faith Winter, D-Westminster, Rep. Brittany Peterson, D- Lakewood Status: H. Appropriations Updated 3/23/2018 Sustainability: Reduction in Greenhouse Gas Emissions HB requires that by year 2050, statewide greenhouse gas emissions be reduced by at least 80% of the levels of greenhouse gas emissions that existed in Bill: HB , Reduction in Greenhouse Gas Emissions Sponsors: Rep. KC Becker, D-Boulder; Sen. Andy Kerr, D-Lakewood Status: S. State, Veterans & Military Affairs Transportation: Disabled Parking Regulations HB changes statutory guidelines for persons with disabilities qualifying for free parking. The bill allows free parking only for individuals who are physically unable to pay

19 a parking meter and confirmed by a professional. Those individuals that qualify, will receive a special remuneration-exempt placard indicating their status. The bill repeals existing authority for a person with a disability to park without paying. Bill: HB , Disabled Parking Regulations Sponsors: Rep. Dan Pabon, D-Denver; Sen. Jim Smallwood, R-Parker, Sen. Nancy Todd, D-Aurora Status: H. Appropriations Transportation: Extension of Motor Vehicle Emissions Inspection Cycle SB extends the motor vehicle inspection cycle for all vehicle models aged 1982 or newer from every 2 years to every 4 years. The bill also clarifies that a motor vehicle does not fail an emissions inspection solely because a check-engine light is illuminated on the motor vehicle's dashboard. Bill: SB18-181, Extension of Motor Vehicle Emissions Inspection Cycle Sponsors: Sen. John Cooke, R-Greeley; Sen. Chris Holbert, R-Parker Status: S. Transportation Updated 2/27/2018 Transportation: Local Authority to Alter Speed Limits Currently in Colorado, the state Department of Transportation sets the speed limits for every road in the state including local roads. Counties and municipalities have the statutory authority to raise or lower the speed limits on these local roads, but only conducting a traffic inspection survey. Colorado Counties Inc. has initiated legislation that would allow additional criteria (such as road characteristics, crash statistics and pedestrian and bicycle activity in the vicinity) be considered by local governments when determining whether to raise of lower speed limits. While CML supports providing greater options to municipalities when making decisions, we have confirmed that this legislation is unnecessary. Bill: HB , Local Authority to Alter Speed Limits Sponsors: Rep. Faith Winter, D-Westminster; Sen. Beth Martinez Humenik, R-Thornton Status: Passed Senate Updated 3/30/2018

20 Transportation: OHV Local Safety Standards HB allows local governments to impose additional safety requirements for offhighway vehicles on roads within their jurisdiction. The bill clarifies that local governments who impose these ordinances will do consistent with state rules. Bill: HB , OHV Local Safety Standards Sponsors: Rep. Barbara McLachlan, D-Durango; Sen. Don Coram, R-Montrose Status: Before governor Updated 3/23/2018 Transportation: Regulation of Bicycles Approaching Intersections The bill permits a municipality to adopt a local ordinance regulating the operation of bicycles approaching intersections with stop lights or stop signs. Specifically, the bill allows municipalities to allow bikers to pass through an intersection without stopping at a reduced rate of speed if it is safe to do so. This bill has been introduced in prior sessions as a mandate, and CML opposed the legislation. SB instead provides a local option. The bill sponsors also worked with CML to address some troubling language in the bill's legislative declaration, which the House sponsor may just remove altogether. On the recommendation of the CML Policy Committee on February 16, CML is now supporting the legislation. Bill: SB , Regulation of Bicycles Approaching Intersections Sponsors: Sen. Andy Kerr, D-Lakewood; Rep. Yeulin Willett, R-Delta Status: H. 2nd Reading Transportation: Repeal of Late Vehicle Registration Fee SB would repeal a key provision of the Colorado FASTER Law derived from penalties charged for late vehicle registrations who fail to miss the registration deadline and 30-day grace period. FASTER has provided a much-needed funding source for the repair and improvement of hundreds of roadway and bridge projects for the state and local governments across Colorado. SB 196 would significantly reduce annual state revenue from the Colorado HUTF ($10.4 million), county government revenue from late registration fees and HUTF revenue ($8.3 million) and municipal government revenue from the Colorado HUTF ($3.1 million). With no long-term transportation funding solution, now is not the time to reduce shared transportation revenues.

21 Bill: SB , Repeal of Late Vehicle Registration Fee Sponsors: Sen. Tim Neville, R-Littleton; Rep. Kim Ranson, R-Parker Status: H. State, Veterans & Military Affairs Position: Oppose Transportation: Transportation Funding SB was completely rewritten by an amendment on second reading that replaced the text of the introduced bill. As amended, the bill now adds $495 million in FY It also delays the referred bonding measure for voters to consider from 2018 to 2019 and lowers the total amount of the annual appropriation for consideration from $300 million to $250 million. The bill also now stipulates that the referred measure will not go before voters if a citizen initiative is passed in Finally, it repeals the lease purchase agreements passed in SB if any bonding measures are passed in The bill passed the Senate unanimously, and has been assigned to the House Transportation and Energy Committee. Bill: SB , Transportation Funding Sponsors: Sen. Randy Baumgardner, R-Cowdrey; Rep. Perry Buck, R-Windsor Status: H. Transportation & Energy Transportation: Use of Electronic Information to Facilitate Traffic Management The advent of autonomous vehicles has created new technological opportunities to improve transportation safety and efficiency. Soon automobiles will be able to communicate directly with one another to improve traffic management systems. However, current law limits the use of location information by government entities. HB authorizes CDOT to implement highway infrastructure technology to communicate with motor vehicles in a manner that does not violate the privacy safeguards contemplated by current statute. Bill: HB , Use of Electronic Information to Facilitate Traffic Management Sponsors: Rep. Dominic Jackson, D-Aurora, Sen. Owen Hill, R-Colorado Springs Status: S. Transportation Updated 3/30/2018

22 Utilities: 811 Enforcement Requirements The intention of SB is to transform Colorado s 811 call before you dig program into a true one call system by requiring tier-1 membership of all facility owners. Currently in Colorado, facility owners can be either tier-1 or tier-2 members which provide a different level of notification and cost for locate requests. The bill also would create a statewide 12-member safety commission with broad oversight and enforcement authority over the organization its members and excavators. CML has worked to address initial issues with the legislation concerning the constitutionality of state oversight of municipal infrastructure as well as some liability concerns in the bill. We are still working to assess the cost impact to municipalities and municipal utilities associated with tier-1 membership, as well as the increased locate requests that will have to be performed. Bill: SB , 811 Enforcement Requirements Sponsors: Sens. Ray Scott, R-Grand Junction and Kerry Donovan, D-Vail; Repa. Faith Winter, D-Westminster, and Lori Saine, R-Dacono Status: S. Finance Updated 3/2/2018 Water & Wastewater: CWCB Authorization Deficit Irrigation Pilot Projects The Colorado Water Conservation Board (CWCB) can approve up to 15 pilot projects for agricultural water leasing or fallowing projects. HB expands the types of projects that the CWCB can approve to include deficit irrigation projects that use less than the optimal amount of water on a particular crop. The bill also removes historical consumptive use requirements if a water rights holder chooses to participate in an approved project. Bill: HB , CWCB Authorization Deficit Irrigation Pilot Projects Sponsors: Rep. Jennifer Arndt, D-Ft. Collins; Sen. Larry Crowder, R-Alamosa Status: H. Agriculture, Livestock & Natural Resources Updated 2/9/2018 Water & Wastewater: Invasive Species HB creates several new funding and enforcement mechanisms to support Colorado s Division of Parks and Wildlife s Aquatic Nuisance Species Program. Specifically the bill:

23 Authorizes the division of parks and wildlife to seek reimbursement for motor vehicles or water craft impounded for suspected of aquatic nuisance species. Requires the purchase of an special aquatic nuisance stamp for boat use in Colorado. $25 resident; $50 nonresident. Increases penalties related to aquatic nuisance species and for failing to purchase a stamp. Combines the division of parks and outdoor recreation aquatic nuisance species fund and the division of wildlife aquatic nuisance species fund into a single fund. Bill: HB , Financing Aquatic Nuisance Species Program Sponsors: Rep. Daneya Esgar, D-Pueblo; Sen. Kerry Donovan, D-Vail Status: Passed Senate 2013 Colorado Municipal League 1144 Sherman Street Denver, CO (p) or (f) cml@cml.org