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On Day 13 of the Session, More Questions Than Answers
As the legislative session enters its 13th day, there are many questioning
exactly how the session will progress. Veterans in both chambers and in the
lobby have noted that the pace of new legislation, while likely the same as it
always has been, seems slower. In addition, there have not been “bombshell”
bills to start the session, which often contribute to the sense of hitting the
ground strolling.
There are certainly many questions about huge issues, many with direct and
indirect municipal impact.:
How will the Joint Budget Committee (JBC) deal with this year’s
budget constraints driven by constitutional requirements under the
Taxpayers Bill of Rights (TABOR) and the “new” revelation that the
Gallagher Amendment will drive down the residential assessment rate
(RAR) and negatively impact property taxes in many areas?
Will there be a compromise on a proposal to voters to fund statewide
transportation maintenance and improvements? Or will that all be
lost in the focus on the state budget overall?
Can the legislature get behind needed reforms to construction defect
litigation statutes so that the desperate need for owner-occupied
housing – including affordable housing – can begin to be met?
Will there be any ability to prevent the use of local government
severance tax revenues to once again backfill the state budget in the
midst of a growth economy?
The League already is tracking 79 of the 217 House and Senate bills
introduced, and very few of CML-followed bills have had any action in
committee yet. The bulk of the remaining “early file” bills are expected in the
next few days, which will increase the total number of bills, as well as those
followed by the League.
The CML Policy Committee will meet on February 10 to consider any new
legislation, unless more urgent action is needed on a particular bill.
For a complete list of bills that CML is tracking and has positions established
or recommended to the CML Policy Committee, visit the Legislative > Current
Session page of the CML website or go directly to the complete Statehouse
Report for bill summaries.
For more information on specific legislation, contact the lobbyist indicated.
Direct Links to
Legislative Details
Statehouse Report bill
summaries
Box Score of support bills
Box Score of oppose (or
oppose unless amended) bills
List of All Bills Followed by
CML: House
List of All Bills Followed by
CML: Senate
CML Annual
Legislative Workshop
Be sure to join the CML
advocacy team for the annual
legislative workshop to learn
more about key municipal
issues before the General
Assembly and what you can
do to influence the legislative
process. This year includes
sessions at the Colorado
Capitol and an open house
reception for state legislators.
Register online today!
State of Our Cities &
Towns
The 2017 version of CML's
State of Our Cities & Towns
Otherwise, contact Kevin Bommer, deputy director, by email or at 303-8316411.
To follow the legislative issues through the eyes of the CML advocacy team,
check out the blog, CML Legislative Matters. CML Executive Director Sam
Mamet broadens the scope of the issues in his blog, Municipalities Matter.
Colorado Municipal League
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Statehouse Report
In this issue...
Affordable Housing
Beer & Liquor
Construction Defects
Economic Development
Employment
Fiscal Fair Play
Marijuana
Municipal Courts
Open Records
Property Tax
Public Health and Environment
Public Safety
Road & Bridge
Sales and Use Taxes
Telecommunications
Transportation and Public Safety
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Transportation
Urban Renewal
Workers Compensation
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Affordable Housing: Homeless Bill of Rights
In 2014 and 2015, Denver Homeless Out Loud and the American Civil Liberties Union introduced the “Colorado Right to Rest
Act.” The legislation attempted to apply certain rights to the homeless and the adoption and enforcement of certain municipal
ordinances. CML had opposed and been successful in defeating this legislation both years. CML expects that the House
sponsors and the ACLU plan to reintroduce the bill in the 2017 legislation session.
Bill: Homeless Bill of Rights
Status: Not yet introduced
Position: Oppose
Lobbyist: Meghan Dollar
Updated 1/19/2017
Beer & Liquor: Campus Complex License
HB 17-1120 purports to allow an institution that has a license to serve alcohol beverages for on-premises consumption to apply
for designation as a "campus liquor complex." This permit would allow the institution to designate multiple facilities on the
campus as locations for serving alcohol beverages, apparently to absolve the institution from having to apply and pay for
multiple special event permits or license separate locations. The state and local licensing authorities would be required to issue
enforcement actions only upon a specific facility and not the entire complex or institution, should any violation of the liquor code
occur. The "campus liquor complex" would be subject to numerous requirements, including:
Clear designation of the principal licensed premises and additional separate, related facilities within the "complex"
Clear identification of each area where alcohol beverages will be consumed
Obtaining a permit for each related facility where alcohol beverages will be served
Designation of a manager
Since CML only saw the language immediate prior to introduction, the League is still working with proponents to determine how
the bill intersects with the Liquor Code and existing practice before recommending a position or any amendments to the bill.
Bill: HB 17-1120, Campus Complex License
Sponsors: Rep. Yeulin Willett, R-Grand Junction
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Status: H. Public Health Care & Human Services
Lobbyist: Kevin Bommer
Updated 1/23/2017
Construction Defects: Allocation of Defense Costs
SB 17-045 is the first of perhaps several pieces of legislation aimed at construction defect reform in Colorado. As in past
sessions, CML supports reform legislation designed to boost the development of owner-occupied attached housing within
municipalities. This legislation specifically addresses 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. This may include insurance companies representing not only the developer, but also contractors
and subcontractors. 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 construction defect action. The intent is spread
liability costs outside of the developers insurer. It's very unclear as to whether this legislation is a statewide fix, as it deal with
actions after litigation as opposed to limiting litigation. CML is still gathering information and feedback, but at this time, staff will
recommend a neutral position at our February policy committee.
Bill: SB 17-045, Allocation of Defense Costs
Sponsors: Sens. Kevin Grantham, R-Cañon City, and Angela Williams, D-Denver; Reps. Crisanta Duran, D-Denver, and Cole
Wist, R-Centennial
Status: H. Business Affairs & Labor
Position: Neutral
Lobbyist: Meghan Dollar
Updated 1/19/2017
Economic Development: Coordination of Economic Assistance for Rural
Communities
SB 17-022 offers grant money assistance and non-monetary assistance to rural communities that have experienced a significant
economic hardship. The bill directs the executive director of the Department of Local Affairs (DOLA) to coordinate the provision
of non-monetary resources to assist identified communities with job retention or creation. It also transfers $500,000 per year over
the next three years from the General Fund to the "Rural Economic Advancement of Colorado Towns Fund" administered by
DOLA to assist identified communities impacted by challenging economic circumstances.
Bill: SB 17-022, Coordination of Economic Assistance for Rural Communities
Sponsors: Sen. Kerry Donovan, D-Vail
Status: S. Finance
Position: Support
Lobbyist: Morgan Cullen
Updated 1/19/2017
Economic Development: Downtown Development Authorities
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CML will oppose any legislation that would do damage to the ability of DDAs to function properly. Based on reports of two
counties with undetermined issues with their local DDA, Colorado Counties Inc. (CCI) intends to run statewide legislation
impacting all DDAs. CCI apparently intends to essentially apply the same type of changes to the DDA statutes that HB 15-1348
made to the urban renewal statutes:
1. Counties, special districts, and school district representation on DDA boards.
2. “Equitable distribution” of remaining TIF revenue after the payment of project costs.
3. Mandate the existence of an IGA requiring agreement on the amount of increment each entity will contribute and bar
incremental revenue from flowing absent an agreement.
4. Identical mediation provisions to HB 15-1348, absent an IGA.
5. Applicability to newly established DDAs (not yet confirmed).
While it appears there has been some attempt by CCI to recognize the distinct differences between urban renewal and
downtown development, there are still many fundamental misunderstandings driving the decision to move forward with this
troublesome legislation. Furthermore, CML has learned that not all counties are thrilled with the decision to try to impair DDAs,
as the commissioners there have no concerns with their local DDA. Most include commissioners in the authority already.
Bill: Downtown Development Authorities
Status: Not yet introduced
Position: Oppose
Lobbyist: Kevin Bommer
Updated 1/19/2017
Employment: Employee Leave for Child Academic Activities
HB 17-1001 would reenact legislation that passed in 2009 but was inadvertently sunset. It allows an employee of an employer
subject to the Family Medical Leave Act (FMLA) to take leave for a child's academic activities under certain conditions. CML did
not oppose the legislation in 2009 or last year's attempt to reenact it because municipal employers generally already provide this
type of leave.
Bill: HB 17-1001, Employee Leave for Child Acedemic Activities
Sponsors: Rep. Janet Buckner, D-Aurora; Sen. Andy Kerr, D-Lakewood
Status: H. Education
Position: Neutral
Lobbyist: Kevin Bommer
Updated 1/19/2017
Fiscal Fair Play: Road & Bridge Mill Levy
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Fiscal Fair Play: Road & Bridge Mill Levy
During the 2016 legislative session, CML attempted to convince the legislature to enact reasonable legislation that would allow
municipalities to have a seat at the table with counties when counties are considering reductions in road and bridge mill levies.
Those levies are shared property tax revenue that municipalities are legally entitled to use to address transportation infrastructure
costs. However, counties can unilaterally impact those revenues without including municipalities in the conversation. Last year,
counties even opposed a "notification and consultation" requirement on the heels of county-initiated legislation requiring county
consent on property tax contributions to urban renewal projects. Regardless, CML made the determination that efforts to resolve
the problems created by the lack of county cooperation were best addressed outside of the statehouse in 2017, and the League
will encourage our members to work directly with their respective counties. An excellent example of this can be found in Garfield
County: Facing general fund budget issues, the county is zeroing its road and bridge mill levy for 2017, but the commission is
backfilling the lost revenue to the municipalities in the county and making them whole.
Bill: Road & Bridge Mill Levy
Position: Support
Lobbyist: Kevin Bommer
Updated 1/19/2017
Marijuana: Excise Tax Subsequent to Annexation
Legislation agreed to by municipalities and counties in 2015 allows the collection of a marijuana excise tax by counties and
statutory municipalities. The statute is clear that a county may not collect a county excise tax within municipal boundaries if the
municipality has an excise tax, which mirrors longstanding language in the county lodging tax statutes. Upon annexation of an
area that would include a business subject to a county marijuana excise tax, the municipality (if it has a marijuana excise tax)
would collect its tax. Colorado Counties Inc. may initiate legislation that would prohibit the municipality from collecting the excise
tax from the business within municipal jurisdiction so that the county could continue to collect its tax. CML opposes changing
the language on which there was prior agreement.
Bill: Excise Tax Subsequent to Annexation
Status: Not yet introduced
Position: Oppose
Lobbyist: Kevin Bommer
Updated 1/19/2017
Marijuana: Grey/Black Market Enforcement Grants
This legislation from the interim Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado would create a grant
program in the Department of Local Affairs (DOLA) to award grants to local governments to reimburse or defray costs for
training, education, law enforcement, and prosecution associated with grey and black marijuana markets. Rural local
governments with limited law enforcement resources are given priority. The League believes this bill will be amended with
language supporting the initiative from the office of Gov. John Hickenlooper provide additional marijuana tax revenue to fighting
diversion and illegal sales.
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Bill: Grey/Black Market Enforcement Grants
Status: Not yet introduced
Position: Support
Lobbyist: Kevin Bommer
Updated 1/19/2017
Marijuana: Licensed Social Consumption Clubs
SB 16-063 is legislation that tries to address the issue of clubs by creating a state and local license for any club allowed by a
local government. Unlike private clubs, these would be open and accessible to the public (older than 21 years of age) and
exempt from the Clean Indoor Air Act.. With the local option language, staff will try to get a consensus from the CML Policy
Committee on Feb. 10. If the bill is scheduled prior to that time, then testimony will focus on the technical issues that are driving
the staff recommendation to the committee of "oppose unless amended," primarily around the omission from the bill for the local
option for needs and desires review and public hearings on issuance of a license.
Bill: SB 17-063, Licensed Social Consumption Clubs
Sponsors: Sen. Vicki Marble, R-Fort Collins; Rep. Jovan Melton, D-Aurora
Status: H. Business, Labor, Economic and Workforce Development
Position: Oppose unless amended
Lobbyist: Kevin Bommer
Updated 1/23/2017
Marijuana: Private Clubs/Open & Public Consumption
Since the passage of Amendment 64, the legal status and exact definition of what constitutes a "private marijuana club" has
been elusive. Each municipality and county has been left to regulate or prohibit private clubs purely through zoning and land use
regulations. However, this is largely insufficient. In October, the City of Trinidad requested though the CML Policy Committee that
CML initiate legislation creating creating an opt-in provision for private marijuana clubs and creating a statewide minimum
definition of “open & public consumption.” The latter issue has been unresolved since Amendment 64 was implemented, and
consensus language defining the term was inexplicably removed from 2013 legislation. Combining these two issues in
legislation will restore the local control that Amendment 64 was written with which to give significant deference.
Bill: Private Clubs/Open & Public Consumption
Status: Not yet introduced
Position: Support
Lobbyist: Kevin Bommer
Updated 1/18/2017
Municipal Courts: Clarification for Advisements
In addition to the requirement that a defense attorney be present at first appearance in certain cases, HB 16-1309 also required
additional advisements in all municipal court cases. HB 17-1083 cleans up language from HB 17-1309 by removing traffic
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offenses of four points or less from the advisement requirement. This will allow municipal courts to run more efficiently by
shortening what a municipal judge must advise defendants at first appearance in those specific traffic cases.
Bill: HB 17-1083, Clarification for Advisements
Sponsors: Rep. Larry Liston, R-Colorado Springs
Status: H. Judiciary
Position: Support
Lobbyist: Meghan Dollar
Updated 1/23/2017
Municipal Courts: Funding to Implement HB 16‐1309
When Gov. John Hickenlooper let HB 16-1309 become law without his signature, he sent a letter to the legislature agreeing that
the law is an unfunded mandate and pledged to find funding. During the interim, CML staff initiated discussions with the
Governor's Office. As a result, $1 million was set aside in the FY 2017-18 budget for the Office of the State Public Defender
(OSPD) to represent defendants in municipal court if they met the guidelines of HB 16-1309. At this time, CML is gathering data
to help identify actual costs to the state by determining which municipalities will opt-in to a program utilizing the OSPD.
Discussions are still early, but there will likely be legislation in both 2017 and 2018 to implement the program. As a result, those
municipalities that opt-in to a state funded public defender program may see the implementation date for HB 16-1309 pushed
out until 2018.
Bill: Funding to Implement HB 16-1309
Status: Not yet introduced
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Municipal Courts: Record Sealing
In October, the CML Policy Committee voted that the League initiate legislation to allow defendants in municipal court to ask to
seal their records immediately rather than going through the district court process. This would apply in cases in which the case
was dismissed, the defendant is acquitted, or the defendant completes a deferred judgment or sentence. In addition to the clear
authority to seal these records, the legislation will include an opportunity for a municipal court to propose a fee to cover costs
similar to the one utilized in state courts. This legislation is a follow-up to the passage of SB 16-116, which laid out a similar
process for state courts. CML will actually join other interest groups on one piece of legislation to clarify several issues stemming
from SB 16-116.
Bill: Record Sealing
Status: Not yet introduced
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Municipal Courts: Restorative Justice
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Municipal Courts: Restorative Justice
CML's Municipal Judges Section approached the CML Policy Committee to pursue legislation for more funding allowing
municipal courts to implement restorative justice programs. CML staff determined the Colorado Restorative Justice Council is an
existing vehicle to identify recipients for restorative justice funding. The program is due to sunset and will require new legislation
to continue after the 2017 legislative session. CML is partnering with the council to pursue opportunities for municipal courts to
play a larger role in the council as well as get more information out to municipalities about application deadlines and other
information.
Bill: Restorative Justice
Status: Not yet introduced
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Open Records: Defining Confidential Information
HB 17-1029 allows a custodian to deny access to confidential personal information and employee personal email addresses.
Bill: HB 17-1029, Defining Confidential Information
Sponsors: Rep. Polly Lawrence, R-Littleton; Sen. Bob Gardner, R-Colorado Springs
Status: H. State, Veterans & Military Affairs
Position: Neutral
Lobbyist: Dianne Criswell
Updated 1/19/2017
Open Records: Structured or Searchable Data
SB 17-040 was introduced after a working group established by the Colorado secretary of state met over the 2016 interim to
consider changes to the Colorado Open Records Act (CORA) following the defeat of last year’s proposal, SB 16-037.
SB 17-040 modifies CORA by creating new procedures for structured or searchable data. The bill would require a government
custodian to provide an accurate copy of the structured data (or, if not feasible, in a searchable format) when requested. If the
custodian cannot produce the record in the requested format, the custodian must produce in an alternate format and provide a
written declaration attesting to the reasons. If a court subsequently rules the custodian should have provided the data in the
requested format, attorney fees may only be awarded if the custodian's actions were arbitrary or capricious. If a custodian
performs programming, coding, or search queries, the fee may be based on the cost recovery.
SB 17-040 does not address all CORA issues from the custodian side, including the underlying litigation or cost burdens. The bill
does provide a framework on how requestors and custodians may classify records as either written/print records, digital records
(photographs, scanned images), machine readable records (Word documents, emails, searchable PDFs), and structured data
(Excel files, Access databases, CSV files). https://www.cml.org/statehouse-report/
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There is still work to be done, and the CML Policy Committee will have another chance to review the language at its February
meeting.
Bill: SB 17-040, Structured or Searchable Data
Sponsors: Sen. John Kefalas, D-Ft. Collins; Rep. Dan Pabon, D-Denver
Status: S. State, Veterans & Military Affairs
Position: Staff discretion to support
Lobbyist: Dianne Criswell
Updated 1/19/2017
Property Tax: Increasing BPPT Exemption to $50K
HB17-1063 would increase the exemption for business personal property tax (BPPT) from the current amount of $7,300 to
$50,000 starting in the 2017 property tax year. Starting in 2019, that threshold would be adjusted biennially for inflation.
Property owners with less than those amounts of personal property do not need to file a personal property schedule. Further,
for state-assessed utilities, all personal property statewide would be included in the valuation process. Currently, the state offsets the impact from the BPPT exemption by way of an income tax credit for property taxes paid when the
taxpayer’s property is less than $15,000. The final income tax year of the credit ends January 1, 2020. Although not at issue in
this proposed draft, that context informs the overall fiscal impact. This proposal will increase the already existing the out-year
impact on local governments’ property tax collections.
This bill will be on the action item list at the February 10, 2017 Policy Committee meeting, with a staff recommendation to
oppose due to the fiscal impact and also because local governments have existing authority to partially or totally exempt BPPT
under TABOR.
Bill: HB 17-1063, Increasing BPPT to $50K
Sponsors: Reps. Timothy Leonard, R-JeffCo; Sens. Tim Neville, R-Littleton, and Larry Crowder, R-Alamosa
Status: H. State, Veterans & Military Affairs
Position: Oppose
Lobbyist: Dianne Criswell
Updated 1/23/2017
Property Tax: Valuing Condo Storage Units as Residential Property
SB 17-078 would allow residential storage condominiums to be assessed at the residential assessment ratio rather than as
nonresidential property. This is the "man cave" bill that has been introduced in previous sessions to allow certain storage units
(not on residential property) to be taxed at the lower, residential assessment ratio. This bill will be on the action item list at the Feb. 10 CML Policy Committee meeting, with a staff recommendation to oppose due
to the fiscal impact.
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Bill: SB17-078, Valuing Condo Storage Units as Residential Property
Sponsors: Sen. Bob Gardner, R-Colorado Springs; Reps. Kevin Van Winkle, R-Highlands Ranch, and Jovan Melton, D-Aurora
Status: S. Finance
Position: Oppose
Lobbyist: Dianne Criswell
Updated 1/19/2017
Property Tax: Increasing BPPT Exemption to $21.9K
SB 17-009 would increase the exemption for business personal property tax (BPPT) from the current amount of $7,300 to
$21,900 starting in the 2017 property tax year. Starting in 2019, that threshold would be adjusted biennially for inflation. Currently, the state offsets the impact from the BPPT exemption by way of an income tax credit for property taxes paid when the
taxpayer’s property is less than $15,000. The final income tax year of the credit ends Jan. 1, 2020. Although not at issue in this
proposed draft, that context informs the overall fiscal impact. This proposal will increase the already existing the out-year impact
on local governments’ property tax collections.
This bill will be on the action item list at the Feb. 10 CML Policy Committee meeting, with a staff recommendation to oppose due
to the fiscal impact and also because local governments have existing authority to partially or totally exempt BPPT under
TABOR.
Bill: SB 17-009, Increasing BPPT Exemption to $21.9K
Sponsors: Sen. Larry Crowder (Alamosa)
Status: S. Finance
Position: Oppose
Lobbyist: Dianne Criswell
Updated 1/19/2017
Public Health and Environment: Exemption of Graywater Control Regulations for
Purposes of Scientific Research
HB 17-1008 would allow for an exemption under regulations imposed by the Water Quality Control Commission for research on
potential uses of graywater currently impermissible under state law if certain specific conditions are met.
Bill: HB 17-1008, Exemption of Graywater Control Regulations for Purposes of Scientific Research
Sponsors: Reps. Jeni Arndt, D-Ft. Collins, and Jon Becker, R-Ft. Morgan
Status: H. Agriculture, Livestock & Natural Resources
Position: Neutral
Lobbyist: Morgan Cullen
Updated 1/19/2017
Public Safety: Combining Forest Health Grant Programs
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In 2013, CML supported the creation of the Wildfire Risk Reduction Grant (WRRG) program through the Department of Natural
Resources. Local governments, nonprofits, and homeowner’s associations are all eligible to apply for supplementation to
mitigation projects. The program has awarded millions of dollars to projects for forest restoration and mitigation with the hope of
minimizing future wildfire damage. Through discussions in the Wildfire Matters Review Committee, the WRRG program will be
consolidated with a grant grant program within the Colorado State Forest Service. CML will continue to advocate for the
necessary funds to keep these important mitigation grant programs successful.
Bill: SB 17-050, Combining Forest Health Grant Programs
Sponsors: Sen. John Cooke, R-Greeley
Status: S. Agriculture, Natural Resources & Energy
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Public Safety: Healthcare Costs for Individuals in Custody
At the October CML Policy Committee meeting, the City of Thornton requested legislation to clarify that a municipality should not
have to pay for preexisting or self-inflicted injuries on those in municipal police custody. Currently, statute is clear that an
individual is liable to pay for these injuries if they are held in county jails, but the same clarification does not exist for
municipalities. This is a significant issue for a number of municipalities across the state. The issue will require stakeholder
meetings involving CML, Colorado Counties Inc., Colorado Association of Chiefs of Police, and sheriffs, as well as members
from the healthcare community. At this time, the Colorado Hospital Association has committed to working with local
governments and interested parties to try to find common ground. This is a difficult issue and CML is committed to finding a
solution.
Bill: Healthcare Costs for Individuals in Custody
Status: Not yet introduced
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Public Safety: POST Certification for Municipal Law Enforcement Agencies
There is ongoing discussion between CML and the Office of the Attorney General over whether municipal law enforcement
agencies are statutorily mandated to go through the sunrise process in the Peace Officers Standards and Training Board (POST).
CML asserts that municipal law enforcement agencies derive their authority from other parts of the statute and do not need to go
through the sunrise review process. In light of these discussions, CML worked with the Office of the Attorney General on
legislation to make it clear in statute that municipal law enforcement agencies have the authority to hire peace officers and
engage in policing activates without approval by the state.
Bill: SB17-066, Certification for Municipal Law Enforcement Agencies
Sponsors: Sen. John Cooke, R-Greeley and Sen. Rhonda Fields, D-Aurora; Rep. Lori Saine, R-Dacono and Rep. Steve Lebsock,
D-Thornton
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Status: S. Judiciary
Position: Support
Lobbyist: Meghan Dollar
Updated 1/19/2017
Public Safety: Red Light Cameras and Photo Radar
Since Gov. John Hickenlooper vetoed HB 16-1231, which was a prohibition on the use of red light cameras, CML expects that
similar legislation will be introduced to prohibit the use of both red light cameras and speed radar. CML will oppose any
legislation that impends a municipal governments ability to determine the best traffic safety measures in their community.
Bill: Red Light Cameras and Photo Radar
Status: Not yet introduced
Position: Oppose
Lobbyist: Meghan Dollar
Updated 1/19/2017
Road & Bridge: County General Fund Transfers for Disasters
This legislation creates a very limited exception in the case of disaster response and recovery to allow a county transfer of
general fund dollars to its road and bridge fund. This specific activity was prohibited by statute and upheld by the Colorado
Supreme Court in the 1980s - a decision that municipalities applauded because it eliminated a point of double taxation of
municipal residents. However, given the severe nature of the disaster response and the woefully slow repayment from Federal
Emergency Management Agency (FEMA), the League has agreed to a four-year extension on this statute after being neutral on
the limited allowance four years ago.
Bill: SB 17-034, County General Fund Transfers for Disasters
Sponsors: Sens. Matt Jones, D-Longmont, and Kevin Lundberg, R-Berthoud; Reps. Mike Foote, D-Longmont, and Hugh
McKean, R-Loveland
Status: S. Local Government
Position: Neutral
Lobbyist: Kevin Bommer
Updated 1/19/2017
Sales and Use Taxes: Single Point of Licensing & Remittance Pilot Program
There are 69 home rule municipalities in Colorado that administer their own local taxes, creating complexity for businesses
collecting and remitting sales tax across these jurisdictions. The self-collecting municipalities have made coordinated efforts to
simplify their local tax systems to address these complexities. Past simplification efforts that have been successful and for which
CML offered support occurred either through a stakeholder process convened by the participants (such as the exempt purchaser
affidavit) or by request of the General Assembly (such as the current standard definitions project, pursuant to SJR 14-038). In
contrast with these cooperative efforts, our members would have strong concerns about the impacts that simplification proposal
in the form of statutory mandate or legislative oversight could have on home rule authority. https://www.cml.org/statehouse-report/
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Another potential simplification is a single point of remittance and sales tax licensing for self-collecting municipalities. Currently,
the City of Denver and the Colorado Department of Revenue are exploring a joint sales tax filing portal, pursuant to a
recommendation from the governor’s Colorado Blueprint effort. In a different approach, Simplify Colorado Sales Tax has
expressed an interest in working with the General Assembly to establish a legislative task force in 2017 to examine these
technologies; however, there are no details or bill draft at this time.
Bill: Single Point of Licensing & Remittance
Lobbyist: Dianne Criswell
Updated 1/19/2017
Telecommunications: Broadband SB 152 Repeal
SB 17-042 is an effort by Colorado Counties Inc. (CCI) to repeal SB-152, which requires an election before a local government
may become a broadband service “provider.” Voters in 65 municipalities and 27 counties have passed “152 questions," and
nearly all ballot issues have been overwhelmingly approved by voters. This bill repeals the full text of the bill that passed in 2005,
and not just the election requirement. While repealing the bill does not address the ultimate challenges facing local governments
in building broadband infrastructure, waiting for an election can often mean missing out on development possibilities or grant
funding support. The telecommunications industry would have acceded to repealing the election requirement in exchange for
many additional restrictions on local governments. The bill is expected to face an uphill battle in the Senate in the face of heavy
industry opposition.
Bill: SB 17-042, Broadband SB 152 Repeal
Sponsors: Sens. Kerry Donovan, D-Vail, and Lucia Guzman, D-Denver
Status: H. Business Affairs & Labor
Position: Support
Lobbyist: Kevin Bommer
Updated 1/19/2017
Transportation and Public Safety: Prohibition of Motor Vehicle Exhaust
House Bill 17-1102 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 in a manner that would harass another driver,
bicyclist, or a pedestrian or 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.
Bill: HB 17-1102, Prohibition of Engaging in a Nuisance Exhibition of Motor Vehicle Exhaust
Sponsors: Rep. Joann Ginal, D-Fort Collins
Status: H. Transportation & Energy
Position: Support
Lobbyist: Morgan Cullen
Updated 1/23/2017
Transportation: Financing and New Revenue
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In 2017, expect to see a version of a TRANs Bonds bill similar to those bills introduced in 2015 and 2016. Business and
government interests in the north I-25 corridor have continued to work on proposals to finance a new group of transportation
projects (and transit, depending on the version). Last year’s legislation included a dedication of 5 percent of state sales tax
revenues to pay the estimated annual debt service of approximately $250 million. (A 5 percent sales tax dedication would not
generate $250 million in the near term.) Without a new source of revenue to support the debt, there have been some concerns
about the impact on other General Fund programs (K-12) and the Colorado Department of Transportation's maintenance and
operation (resources for M&O might be used, in part, for debt service). The proponents argue that transportation infrastructure
needs to be a bigger priority for Colorado’s citizens, businesses, and economy. Any new debt would have to be approved by a
majority vote at a statewide ballot under TABOR. It is also likely that there will be discussions about new tax or fees to pay for transportation and transit, or to service related debt.
Recent past proposals have included gas tax, statewide sales tax dedicated to transportation, and increasing specific ownership
tax. Any proposal aimed at increasing revenue for transportation and/or transit remains difficult to pass the legislature. Any new
tax, either by legislative referral or citizen initiative, would have to be approved by a majority vote at a statewide ballot under
TABOR.
Bill: Financing and New Revenue
Lobbyist: Dianne Criswell
Updated 1/19/2017
Urban Renewal: Excluding Mineral Value from TIF
HB 17-1016 allows a municipality to exclude property valuation attributable to the extraction of mineral resources located within
the urban renewal area from the base calculation for urban renewal tax increment financing. The property tax collected will be
distributed as if there was no urban renewal plan in effect.
Bill: HB 17-1016, Excluding Mineral Value from TIF
Sponsors: Reps. Matt Gray, D-Broomfield, and Lori Saine, R-Dacono
Status: H. Finance
Position: Support
Lobbyist: Kevin Bommer
Updated 1/23/2017
Workers Compensation: Payment of Benefits to Employees of Uninsured Employers
The bill creates the "Colorado Uninsured Employer Act" to create a new mechanism for the payment of covered claims to
workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the
Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation
insurance.
Bill: HB 17-1119, Payment of Benefits to Employees of Uninsured Employers
Sponsors: Reps. Tracy Kraft-Tharp, D-Arvada, and Lang Sias, R-Arvada; Sens. Jack Tate, R-Centennial, and Cheri Jahn, DWheat Ridge
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Status: H. Business, Labor, Economic and Workforce Development
Position: Neutral
Lobbyist: Kevin Bommer
Updated 1/23/2017
Workers Compensation: PTSD
CML will support legislation that creates a clear path to workers compensation for public safety employees, as well as legislation
that would create a state-funded employee assistance program (EAP) for peace officers not covered by an employer-sponsored
EAP. Discussions with the Fraternal Order of Police (FOP), Pinnacol, and the Colorado Self Insured Association (CSIA) have been
very productive, and the League is optimistic this issue can be appropriately resolved in the 2017 session.
Bill: PTSD
Status: Not yet introduced
Position: Support
Lobbyist: Kevin Bommer
Updated 1/16/2017
© 2013 Colorado Municipal League
1144 Sherman Street Denver, CO 80203
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