Issues Resources Events Legislative Statehouse Report In this issue... Affordable Housing Beer & Liquor Broadband Criminal Justice Economic Development Elections Employment Energy Governmental Immunity Historic Preservation Limited Gaming Marijuana Oil and Gas Parks and Recreation Affordable Housing: Right to Rest Act HB 18-1067, version of the Colorado Right to Rest Act was introduced the first day of the legislative session. The legislation attempts to apply certain rights to the homeless and would preempt the adoption and enforcement of municipal ordinances that conflict with those rights. CML will again oppose the legislation as this very important issue should be dealt with at the local level. For more information on CML's position please see our position paper. HB 18-1067 was originally scheduled for February 21, but was rescheduled for March 14 so the bill sponsors can consider amendments with stakeholders. CML looks forward to reviewing any proposed changes. Bill: HB 18-1067, Right to Rest Act Sponsors: Reps. Jovan Melton, D-Aurora and Joe Salazar, D-Thornton Status: H. Local Government Position: Oppose Updated 2/23/2018 Affordable Housing: State Low-Income Housing Tax Credit During the 2014 legislation session, HB 14-1017 was passed to create a state low-
Pensions & Retirement Public Safety Records Severance Tax & FML Transportation Utilities Water & Wastewater Share with social networks income 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 2019. Legislation was introduced to reauthorize the program in 2018 ahead of its sunset date in 2019. 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 18-007, 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. Finance Beer & Liquor: Fermented Malt Beverage Licenses The CML Executive Board previously approved CML-initiated legislation to allow for more restrictions on fermented malt beverage (FMB) licenses issued on or after Jan. 1, 2019. On that date, all FMB licensees will be allowed to sell malt liquor (full-strength beer and equivalents). Since that time, staff has confirmed the legislation will have compromise language from multiple sources. Staff met with both sponsors, who agreed to include the CML language with some minor changes. On Feb. 7, an initial draft was distributed and a stakeholder meeting was held on Feb. 12. The draft represents a significant departure from current law, and drew significant opposition from grocery stores and convenience stores, as expected. The League is concerned that nothing will happen and we will have to try to get our own legislation introduced to: 1. Establish that new FMB licenses shall be subject to distance limitations from schools (i.e. other Article 47 licenses) with identical authority for the municipality to reduce or eliminate distance restrictions for all FMB licenses. 2. Establish the authority for a local licensing authority to deny a new FMB license beginning on Jan. 1, 2019, based on determination of an undue concentration of other FMB licenses, liquor-licensed drugstore licenses, and/or retail liquor store licenses. (Using existing language in Article 47 for retail liquors stores and taverns as a template.) 3. Allow local licensing authorities to adopt a moratorium on new FMB licenses on or after the effective date of the bill through Dec. 31, 2018. Bill: Fermented Malt Beverage Licenses Sponsors: Sens. Chris Holbert, R-Parker, and Lucia Guzman, D-Denver
Status: Not yet introduced Position: Staff discretion to support Lobbyist: Kevin Bommer Updated 2/22/2018 Beer & Liquor: Special Event Permits A change in Colorado Liquor Rules in 2012 allowed for the operation of special event permits by municipalities and special districts, as well for special event permits for educational purposes. Some municipalities have since operated special events under that authority. The Liquor Enforcement Division (LED) now believes that the underlying statutes do not allow for the more expansive rule and have thus proposed rescinding it. The bill will clarify the statute, allowing the rule to remain unchanged and municipalities to continue operating special events. Bill: HB 18-1096, Special Event Permits Sponsors: Rep. Matt Gray, D-Broomfield; Sen. Kevin Priola, R-Brighton Status: S. 3rd Reading Lobbyist: Kevin Bommer Broadband: Fairness in Right of First Refusal In administering the right of first refusal of a incumbent telecom provider to provide service in an unserved area when another telecommunications provider applies for funding of a proposed project to provide access to a broadband network, the incumbent can currently get away with providing service of lower quality than the applicant would have. The bill would require the Broadband Deployment Board to establish that an incumbent exercising its right agree to provide broadband speeds equal to or faster than the speeds in the proposed project and at a cost per household that is equal to or less than the cost per household indicated in the proposed project. The bill passed the House Transportation & Energy Committee on a 12-0 vote. Bill: HB 18-1099, Fairness in Right of First Refusal Sponsors: Reps. Marc Catlin, R-Montrose, and Barbara McLachlan, D-Durango; Sen. Don Coram, R-Montrose Status: H. 2nd Reading Lobbyist: Kevin Bommer Broadband: Financing Rural Broadband
At its core, the bill is supposed to repurpose the High Cost Support Mechanism (HCSM) from mainly subsidizing the normal business of incumbent providers to providing a source of grant revenue to the Broadband Deployment Board. In 2014, there was a lot of hoopla from the industry about how deregulation was going to pave the way for massive investment in rural broadband, which was followed by little to no investment and lawsuits. SB 2 emerged from the Senate with language that untethers the minimum speed requirements of a broadband network from the FCC s requirements (currently 25 Mbps download speed and 3 Mbps up), allowing the 10Mbps down/1mbps up to be built with grant dollars. CML explores the problems this creates in a recent CML Legislative Matters blog. While it is important to see the HCSM dollars flow to the Broadband Deployment Board, CML is concerned about grants subsidizing new broadband at 2011 speeds. CML is confident that amendments addressing this issue and other concerns will be made to the bill in committee when it is heard on Monday, March 5. If so, CML will move immediately to a support position. Bill: SB 18-002, Financing Rural Broadband Sponsors: Sens. Jerry Sonnenberg, R-Sterling, and Don Coram, R-Montrose; Speaker Crisanta Duran, D-Denver, and Rep. KC Becker, D-Boulder Status: H. Agriculture, Livestock & Natural Resources Lobbyist: Kevin Bommer 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 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 18-1131, 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: H. Appropriations
Criminal Justice: Enhancing Protections for Minors Involved in Human Trafficking SB 18-084 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 18-084, 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. Appropriations Position: Oppose unless amended Updated 2/16/2018 Criminal Justice: Funding HB 16-1309 CML is drafting legislation to fund the unfunded mandate created by HB 16-1309, which 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. HB 16-1309 will go into effect on July 1, 2018. Bill: Funding HB 16-1309 Sponsors: Rep. Susan Lontine, D-Denver Status: Not yet introduced Updated 2/23/2018 Criminal Justice: Monetary Bond and Bail HB 18-1089 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 18-1089 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 18-1089 did not solve all of CML's concerns. The House Judiciary heard testimony on HB 18-1089 on February 22 and laid the bill over for to consider further amendments to the bill. Bill: HB 18-1089, Monetary Bond and Bail Sponsors: Rep. Adrienne Benavidez, D-Commerce City Status: H. Judiciary Position: Oppose Updated 2/23/2018 Economic Development: Assistance for Rural Communities SB 18-005 authorizes the executive director of the Department of Local Affairs (DOLA) to coordinate nonmonetary resources to assist with job retention or creation in rural communities experiencing a significant economic event, such as a plant closure or layoffs. The bill initially authorized $500,000 per year for three years to support these local governments. Unfortunately, the money for this legislation was stripped out of the bill during a hearing at the Senate State Affairs Committee. Since the bill no longer provides any resources to local governments and directs the director of DOLA to perform activities the department is already conducting, CML has withdrawn its support for the legislation. CML will support the legislation if funding is put back in the bill. Bill: SB 18-005, Assistance for Rural Communities Sponsors: Sen. Kerry Donovan, D-Vail; Rep. Dylan Roberts, D-Eagle Status: H. Agriculture, Livestock & Natural Resources Updated 2/27/2018 Elections: Nomination Committees Each year, the Statutory Revision Committee solicits statutory clean-up ideas. This year, the municipal clerks brought forward an idea to remove three unnecessary subsections in the Municipal Election Code of 1965 (Title 31, Article 10) regarding the nominating committee process for dealing with vacancies in nomination when a potential municipal election official withdraws from candidacy. Such a vacancy occurs when someone decides, after filing a nomination petition and having that petition certified, that he/she no longer wishes to run for municipal office. The statutes provide that if a vacancy
committee has been designated on the petition (this is a may designate, rather than must/shall ), then that committee is notified of the candidate s withdrawal. However, the statute does not require the vacancy committee to fill that vacancy (and, to our knowledge, a committee filling a vacant nomination has never happened). These provisions are probably modeled after state partisan vacancy committees, the purpose of which is to actually vote on someone to fill a vacancy, whether in nomination or in office. The statutory nomination committee process for municipal candidate petitions is an unused process and causes confusion for both municipal clerks and candidates. Bill: SB 18-107, Nomination Committees Sponsors: Sen. Rachel Zenzinger, D-Arvada; Rep. Dan Thurlow, R-Grand Junction Status: Passed Senate Lobbyist: Dianne Criswell Updated 2/16/2018 Employment: Leave to Participate in Elections This bill would have allowed additional options for employees to take leave to vote to include registering to vote, obtaining a ballot or replacement ballot, or to obtain documents or ID necessary to vote or register. At CML's request, the sponsors made committee amendments to clarify the circumstances for leave related to municipal elections to address polling-place elections. The bill was indefinitely postponed on February 28 in the Senate State, Veterans, & Military Affairs Committee. Bill: HB 18-1033, Leave to Participate in Elections Sponsors: Rep. Mike Weissman, D-Aurora Status: Postponed indefinitely Lobbyist: Dianne Criswell 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 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 2019. Bill: HB 18-1001, 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 Updated 2/16/2018 Employment: Restrictions on Public Sector Collective Bargaining SB 18-175 purports to declare regulation of collective bargaining as a matter of statewide concern. It states a public employer cannot enter into an employment bargain with a public employee or union to compensate a public employee or a third party for union activities or to pay the expenses of an employee or third party's participation in union activities. The application of the prohibition is retroactive and prospective. The state attorney general would be required to enforce the prohibition, and any taxpayer in the jurisdiction would be given standing to sue. The League opposes the legislation on a narrow but critical issue as it relates to home rule authority. The General Assembly does not have the authority to interfere with the employment arrangements of home rule municipalities under Art. XX, Section 6 of the Colorado Constitution, which was affirmed some years ago by the Colorado Supreme Court in a unanimous decision. While CML believes that local governments should always remain accountable to their citizens, regardless of home rule status, our understanding is the sponsor will propose to amend the bill to exempt its application to home rule municipalities. In that event, the League would likely drop our opposition to SB 175. Bill: SB 18-175, Restrictions on Public Sector Collective Bargaining Sponsors: Sen. Bob Gardner, R-Colorado Springs; Rep. Paul Lundeen, R-Monument Status: H. Business Affairs & Labor Position: Oppose Lobbyist: Kevin Bommer Updated 2/28/2018 Energy: Colorado Energy Office SB 18-003 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 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 17-301) 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 18-003, Colorado Energy Office Sponsors: Sen. Ray Scott, R-Grand Junction Status: H. Transportation & Energy Governmental Immunity: Colorado Politician Accountability Act HB 18-1178 is a referred statute that - if passed by the General Assembly and approved by voters at the November general election - allows victims of certain crimes committed by immigrants in the country illegally to sue elected officials, city council members and town board members. The bill also applies criminal liability in certain circumstances. An elected official is responsible for the creation of a sanctuary jurisdiction if the elected official votes in favor of imposing or creating a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, fails to take steps to try to change a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction. In addition, the legislation adds language that was repealed in 2013 requiring local governments to report to the state that they enforcing federal immigration laws. If the local government does not comply by providing these reports, state grant funds can be withheld. Bill: HB 18-1178, Colorado Politician Accountability Act Sponsors: Rep. Dave Williams, R-Colorado Springs; Sens. Vickie Marble, R-Fort Collins and Kevin Lundberg, R-Berthoud Status: H. State, Veterans & Military Affairs Position: Oppose Updated 2/9/2018 Historic Preservation: Historic Preservation Tax Credit HB 18-1190 extends the Historic Preservation Tax Credit that was established in 2014. 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 18-1190 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 18-1190 in CML's behalf. Bill: HB 18-1190, 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 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 18-1234 further clarifies that internet sweepstakes cafes are illegal gambling. Bill: HB 18-1234, 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, Labor, Economic and Workforce Development Updated 2/23/2018 Marijuana: Accessory Consumption Establishments HB 18-1258 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. If that occurs, CML would withdraw opposition to the bill and be neutral. 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 18-1258, 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. Finance Position: Oppose unless amended Lobbyist: Kevin Bommer Updated 2/28/2018 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 18-1092, Delivery Pilot Program Sponsors: Rep. Jovan Melton, D-Aurora; Sen. Tim Neville, R-Littleton Status: H. Appropriations Lobbyist: Kevin Bommer Oil and Gas: Compensation for Mineral Interests For the past three sessions, legislation has been introduced that 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. Staff anticipates the bill will come back again in 2018. Bill: HB 18-1150, Compensation for Mineral Interests Sponsors: Rep. Perry Buck, R-Windsor Status: H. State, Veterans & Military Affairs Position: Oppose Updated 2/14/2018 Oil and Gas: Public Safety
Last March, the Colorado Court of Appeals ruled in Martinez v. the COGCC that the general health, safety and welfare of Colorado residents is a condition that must be fulfilled before oil and gas activity is permitted. HB 18-1071 codifies this ruling in statute. Bill: HB 18-1071, Public Safety Sponsors: Rep. Joe Salazar, D-Thornton Status: S. Agriculture, Natural Resources & Energy Updated 2/16/2018 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: School Set Back Requirements Sponsors: Rep. Mike Foote, D-Lafayette Status: Not yet introduced Updated 2/14/2018 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 18-066 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 18-066, 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. Finance Pensions & Retirement: PERA Reform We understand that legislation will soon be introduced to address PERA's future funding. CML and PERA member municipalities support the goal of passing legislation in 2018 that will allow PERA to achieve 100-percent funded status in all divisions in 30 years or less with the following inclusions. Based on recommendations from the PERA Member Municipality Committee, CML has established the following policy positions on any proposed 2018 PERA reform bills: Oppose any additional employer contribution in the Local Government Division Support the governor s proposal that employee contributions for new and current employees in the Local Government Division are the same Support a reduction of the proposed additional employee contribution for employees in the Local Government Division Based on the information the League has at this time, the elements of the legislation will include: 3% employee contribution increase 2% employer contribution increase phased in with 0.5% increases in July 2018, January 2019, and 1.0% in July 2019. Retirement age unchanged (65 years old) Highest Average Salary calculation expanded to 7 years Some sort of "cost neutral" defined contribution component Finally, it is not clear at this time that the Local Government will have a lighter touch, as requested, because of the division's much better actuarial soundness. If the cure was only for the Local Government Division, the remedy would be much less severe and would not included any employer contribution increases. Staff has expressed this position to House and Senate legislators working on the PERA legislation, and CML will continue to advocate for a lighter touch.
Bill: PERA Reform Status: Not yet introduced Lobbyist: Kevin Bommer, Dianne Criswell Public Safety: Civil Asset Forfeiture Following his signing of HB 17-1313 regarding civil asset forfeiture, Gov. John Hickenlooper convened a task force made up of supporters and opponents of HB 17-1313. The task force met several times in the interim, and HB 18-1020 is the legislation to implement the task force recommendations. This legislation includes a grant program 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 18-1020, Civil Asset Forfeiture Sponsors: Rep. Leslie Herod, D-Denver; Sens. Tim Neville, R- Littleton, and Daniel Kagan, D-Cherry Hills Status: H. Appropriations Updated 2/16/2018 Public Safety: Create Next Generation 9-1-1 Board HB 18-1184 creates 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. CML believes this is a positive step to further 9-1-1 in Colorado and a municipal representative will be on the board. Some 911 authorities have 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 will be 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 18-1184, Create Next Generation 9-1-1 Board Sponsors: Reps. Tony Exum, D-Colorado Springs & Polly Lawrence, R-Littleton; Sens. Bob Gardner, R-Colorado Springs & Irene Aguilar, D-Denver Status: H. Business, Labor, Economic and Workforce Development Position: Staff discretion to support 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 areas. Bill: SB 18-024, 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 18-059 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 grant to a consortium of at least 50 law enforcement agencies in the state. The grant is for the purpose of operating and maintaining a law enforcement information-sharing system. CML supports any opportunity for law enforcement to engage in information sharing as it is vital to maintaining public safety. Bill: SB 18-059, Law Enforcement Information Sharing Grant Program Sponsors: Sen. Rhonda Fields, D-Aurora; Rep. Dan Pabon, D-Denver Status: S. Judiciary Updated 1/30/2018 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 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 18-1003, Prevention of Opioid Misuse Sponsors: Rep. Brittany Pettersen, D-Lakewood; Sens. Cheri Jahn, I-Wheat Ridge and Kevin Priola, R-Brighton Status: H. Public Health Care & Human Services Updated 1/12/2018 Public Safety: Prevention of Wildfires Proposed legislation from the Wildfire Matters Review Committee creates tougher penalties for individuals who leave camp fires unattended or have not extinguished them properly. In addition, the bill removes the requirement that counties post notices regarding unattended campfires. The hope is that individuals will take more precautions when operating fires in forested areas. The Colorado Coalition for the Homeless, ACLU, and Criminal Defense Bar expressed concerns with the legislation, particularly with the increased penalties. A stakeholder meeting was convened, and the bill was amended in committee to address their concerns. The new language will not change the purpose of the bill, which is the prevention of catastrophic wildfires by creating a deterrent to leaving unattended fires. Bill: HB 18-1051, Prevention of Wildfires Sponsors: Reps. Millie Hamner, D-Dillion, and Terri Carver, R-Colorado Springs; Sens.
Don Coram, R-Montrose, and Mike Merrifield, D-Colorado Springs Status: S. 2nd Reading Public Safety: Revoke P.O.S.T. Certification Due to Untruthful Statement HB 18-1076 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 or during an internal affairs investigation. The Colorado Association of Chiefs of Police is working with the sponsor on clarifying amendments but is inclined to support the bill. CML staff is following the progress of amendments, as many member municipalities would like to support the legislation. Bill: HB 18-1076, Revoke P.O.S.T. Certification Due to Untruthful Statement Sponsors: Rep. Joe Salazar, D-Thornton Status: H. Judiciary Position: Staff discretion to support Updated 2/9/2018 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 18-1128 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 18-1128 as introduced required private entities in Colorado that collect PII to: 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 18-1128, Protections for PII and Notification of Data Breache 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 2/16/2018 Severance Tax & FML: Debruce Severance Tax SB 17-267, which enterprised the hospital provider fee program, includes a compromise that lowered the TABOR cap by $200 million (and not a much larger reduction initially proposed). CML noted that the state would inevitably exceed the TABOR cap in the future, putting a bullseye on severance tax. Thanks to higher income tax receipts, the state will be pushed closer to its TABOR cap much faster than anticipated and may exceed the cap within the next three to four years. Despite low severance tax receipts, the revenue would be exposed if the state exceeds its TABOR cap and there is little faith that the state would leave it alone. A debrucing question, as proposed in HB 18-1201, would allow Colorado voters the option to decide if prior legislative intent for severance tax purpose and use should be respected and upheld. For local governments currently and historically impacted by energy extraction, this would ensure that revenues would continue to be available to mitigate the impacts and help communities continue to survive as Colorado s natural resources extraction declines and even disappears from some areas. For the state (and also to the benefit of municipalities, counties, and their citizens), vital water infrastructure programs in DNR, as well as Tier I and Tier II programs and the Colorado Water Plan, would be able to have better certainty of annual funding as prioritized by the General Assembly. Debrucing would also allow additional budget flexibility for transportation, education, or other state priorities. The bill will not be heard until April 9. Bill: HB 18-1201, Debruce Severance Tax Sponsors: Rep. Dan Thurlow, R-Grand Junction; Sen. Don Coram, R-Montrose Status: H. Finance
Lobbyist: Kevin Bommer Updated 2/16/2018 Transportation: Extension of Motor Vehicle Emissions Inspection Cycle SB18-181 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 18-1188, Local Authority to Alter Speed Limits Sponsors: Rep. Faith Winter, D-Westminster; Sen. Beth Martinez Humenik, R-Thornton Status: Passed House Transportation: OHV Local Safety Standards HB 18-1103 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 18-1103, OHV Local Safety Standards
Sponsors: Rep. Barbara McLachlan, D-Durango; Sen. Don Coram, R-Montrose Status: S. Transportation 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, and CML opposed the legislation. SB 18-144 provides a local option and not a mandate that was not included in previous legislation, although there is some troubling language in the legislative declaration. CML is neutral on the bill, which has few prospects in committee. Bill: SB 18-144, Regulation of Bicycles Approaching Intersections Sponsors: Sen. Andy Kerr, D-Lakewood; Rep. Yeulin Willett, R-Delta Status: H. Transportation & Energy Updated 2/27/2018 Transportation: Transportation Funding Senate Bill 1 repeals the provisions required by SB-267 that provides revenue generated through lease purchase agreements to be used for transportation projects. In its place, it offers a 20-year bonding proposal, subject to voter approval in 2018, similar to the Trans Bonds issued in 1999 that funded the TRex project in South Denver. The bond would be paid for by allocating 10 percent of existing sales tax revenue. The bill still maintains many of the general requirements outlined in SB-267 including requiring 25 percent of the money go to state highway projects in rural areas and 10 percent of the money going to transit. Any remaining money that is not required to repay the bonds would go to projects included in USDOT s Strategic Transportation Project Investment Program and designated to tier 1 funding. Bill: SB 18-001, Transportation Funding Sponsors: Sen. Randy Baumgardner, R-Cowdrey; Rep. Perry Buck, R-Windsor Status: S. Appropriations
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 18-1191 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 18-1188, Use of Electronic Information to Facilitate Traffic Management Sponsors: Rep. Dominic Jackson, D-Aurora, Sen. Owen Hill, R-Colorado Springs Status: H. 3rd Reading Utilities: 811 Enforcement Requirements The intention of SB18-167 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 18-167, 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 Utilities: Electric Storage Systems
SB18-009 declares that consumers of electricity have a right to install, interconnect, and use electricity storage systems on their property, and that this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities. The bill directs the PUC to adopt rules governing the installation, interconnection, and use of customer-sited distributed electricity storage systems. Bill: SB 18-009, Electric Storage Systems Sponsors: Sen. Stephen Fenberg, D-Boulder Status: Passed Senate Updated 2/9/2018 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 18-1151 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: HB18-1151, 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 18-1008 creates several new funding and enforcement mechanisms to support Colorado s Division of Parks and Wildlife s Aquatic Nuisance Species Program. Specifically the bill: 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 18-1008, Financing Aquatic Nuisance Species Program Sponsors: Rep. Daneya Esgar, D-Pueblo; Sen. Kerry Donovan, D-Vail Status: H. 3rd Reading 2013 Colorado Municipal League 1144 Sherman Street Denver, CO 80203 (p) 303-831-6411 or 866-578-0936 (f) 303-860-8175 cml@cml.org