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Bill: HB16-1001
Title: State Contr Certify Compliance With Equal Pay Laws
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/30/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position

There are possible amendments that will change the bill and we may need to verify our position when these are added to the bill.

Background
Official Summary

The bill requires a business that bids for a contract with a
governmental body to submit with its bid certification that it is in
compliance with state and federal equal pay standards and laws; except
that this requirement does not apply to businesses that have 50 or fewer
employees.
The executive director of the department of personnel, or the
executive director's designee (executive director), is required to develop
a form for a business to use to certify that it is in compliance with equal
pay standards and laws and that, if awarded a contract, it will remain in
compliance with such standards and laws throughout the term of the
contract. The executive director is required to ensure that the form
requires a business to certify certain general information regarding its
employees and employment and hiring practices in connection with equal
pay laws.
A business that is awarded a contract is required to ensure that any
subcontractor that it uses to fulfill the terms of the contract is also in
compliance with equal pay standards and laws.
All businesses that are awarded contracts by a governmental body
or that are subcontractors for a business that was awarded a contract by
a governmental body are required to keep and maintain certain
information related to their employees, broken down into categories by
gender, race, ethnicity, and national origin, for the term of the contract
with the governmental body.
If, after awarding a contract to a business, a governmental body
determines that the business knowingly submitted false information on
the certification form for equal pay compliance required by the bill, the
governmental body is required to terminate the contract.

Plan of Action
Hearing Date
House SponsorsJ. Danielson (D)
J. Buckner (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsJ. Ulibarri (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (07/25/2016)

Bill: HB16-1002
Title: Employee Leave Attend Child's Academic Activities
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/09/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position

Employers already have policies in place to allow employees time off for family-related reasons. Legislation uneccesary

Background
Official Summary

In 2009, the general assembly enacted the Parental Involvement
in K-12 Education Act (2009 act), which allowed an employee of an
employer who is subject to the federal Family and Medical Leave Act
to take leave from work for the purpose of attending academic activities
for or with the employee's child. Under the 2009 act, academic activities
included parent-teacher conferences or meetings related to special
education services, interventions, dropout prevention, attendance, truancy,
or discipline issues. The leave was allowed for an employee who is the
parent or legal guardian of a child enrolled in a public or private school
or in a nonpublic home-based educational program in this state in
kindergarten through twelfth grade.
Leave under the 2009 act was limited to 6 hours per month and 18
hours in any academic year. The 2009 act permitted employers to:
  • Restrict the use of leave in cases of emergency or other
situations that may endanger a person's health or safety or
if the employee's absence would halt the employer's service
or production; and
  • Limit the leave to 3-hour increments at a time and require
the employee to submit written verification from the school
or school district of the activity necessitating the leave.
An employee was required to provide the employer with at least one
week's notice of the leave except in emergency situations.
The 2009 act specified that the 2009 act would repeal on
September 1, 2015. The repeal provision was never amended, so the 2009
act repealed on September 1, 2015.
The bill recreates and reenacts the 2009 act with some
modifications as follows:
  • Renames the act the Parental Involvement in Preschool
Through Twelfth Grade Education Act and expands the
scope to allow leave to attend academic activities for a
child in preschool;
  • Expands the types of academic activities for which a parent
is entitled to leave from work to allow parents to attend
meetings with school counselors in which the employee's
child is directly participating or to attend academic
achievement ceremonies;
  • Requires school districts and institute charter schools to
post on their websites, and include in district-wide or
school-wide communications sent to parents and the
community at large, information about the act;
  • Requires the Colorado state advisory council for parent
involvement in education to also provide information about
the act to the extent possible within existing resources; and
  • Continues the act indefinitely and amends the original
repeal date in the 2009 act to specify that the repeal was to
apply only to the 2009 act.

Plan of Action
Hearing Date
House SponsorsJ. Buckner (D)
House CommitteeEducation
Senate SponsorsA. Kerr (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/17/2016)

Bill: HB16-1005
Title: Residential Precipitation Collection
StatusGovernor Signed (05/12/2016)
Category

Water/ Busness Practices

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

Section 1 of the bill allows the collection of precipitation from a
residential rooftop if:
  • A maximum of 2 rain barrels with a combined storage
capacity of 110 gallons or less are used;
  • Precipitation is collected from the rooftop of a building that
is used primarily as a single-family residence or a
multi-family residence with 4 or fewer units;
  • The collected precipitation is used on the residential
property on which the precipitation is collected; and
  • The collected precipitation is applied to outdoor purposes
such as lawn irrigation and gardening.
Section 1 also requires the state engineer, to the extent practicable within
existing resources, to provide information on the permitted use of rain
barrels on the state engineer's website.
Section 2 requires the department of public health and
environment, to the extent practicable within existing resources, to
develop best practices for nonpotable usage of collected precipitation and
vector control and to post any best practices developed on the
department's website.
Section 3 prevents a homeowners' association from prohibiting a
unit owner from using rain barrels for precipitation collection.

Plan of Action
Hearing Date
House SponsorsD. Esgar (D)
J. Danielson (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsM. Merrifield (D)
Senate CommitteeAgriculture, Natural Resources, and Energy
Fiscal NotesFiscal Notes (06/14/2016)

Bill: HB16-1079
Title: Pesticide-free Cannabis Certification Program
StatusSenate Committee on Business, Labor, & Technology Postpone Indefinitely (05/03/2016)
Category

Pesticide Regulation

Bill Position

Monitor

Priority Bill
Reason for Position
Background

Dept of AG is using MJ money to fund this and should not impact other services. 

Official Summary

Because marijuana and hemp are illegal under federal law and
federal law governs whether a product can be labeled or advertised as
organic, marijuana or hemp that is cultivated, processed, and sold in
accordance with state law currently cannot be labeled or advertised as
organic. Section 3 of the bill directs the commissioner of agriculture to
promulgate rules governing a program to enable consumers to easily
identify medical and retail marijuana and industrial hemp that have been
cultivated and processed without the use of pesticides. The department of
agriculture will certify third parties who can certify whether the marijuana
or hemp cultivated or processed at a particular cannabis facility is free of
pesticides. Sections 1 and 2 allow marijuana product labels to include a
standardized notification that the marijuana has been certified as being
pesticide-free.

Plan of Action

Find out how the Dept of Ag is funding this

Hearing Date
House SponsorsK. Becker (D)
J. Singer (D)
House CommitteePublic Health Care and Human Services
Senate SponsorsP. Steadman (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (06/14/2016)

Bill: HB16-1156
Title: Extend Pay Transparency Protection All Employees
StatusSenate Third Reading Lost - No Amendments (04/19/2016)
Category

Business Practices 

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

Current law states that it is a discriminatory and unfair labor
practice for an employer to discharge, discipline, discriminate against,
coerce, intimidate, threaten, or interfere with any employee or other
person because the employee inquired about, disclosed, compared, or
otherwise discussed the employee's wages, unless otherwise permitted by
federal law. Federal law exempts certain classes of employers from
discrimination laws. The bill strikes the reference to that exemption and
extends the current law to those classes of employers, thereby providing
discrimination protections to all employees.

Plan of Action
Hearing Date
House SponsorsJ. Danielson (D)
J. Salazar (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsK. Donovan (D)
R. Heath (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/31/2016)

Bill: HB16-1166
Title: Prohibit Seeking Salary History For Job Applicants
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/30/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

The bill makes it an unfair employment practice for an employer
to seek salary history information, including compensation and benefits,
about an applicant for employment.

Plan of Action
Hearing Date
House SponsorsB. Pettersen (D)
F. Winter (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsK. Donovan (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/18/2016)

Bill: HB16-1167
Title: Colorado Family First Employer Act
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/02/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

The bill creates the Colorado Family First Employer Act. The
Colorado family first employer program, created in the bill, requires the
department of labor and employment (department) to establish a program
that designates Colorado employers that meet certain family-friendly
criteria as Colorado family first employers. The office of the governor is
authorized to recognize the employers who have been certified by the
department with an award. The designated employers may use a logo,
created by the office of the governor, for promotional purposes.

Plan of Action
Hearing Date
House SponsorsB. Pettersen (D)
F. Winter (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsN. Todd (D)
K. Donovan (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/31/2016)

Bill: HB16-1202
Title: Mandatory Employer E-verify Participation
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/09/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

Current law requires employers in Colorado to examine the legal
work status of newly hired employees, within 20 days after hiring, using
paper-based forms of identification. The bill will instead require all
employers, upon hiring a new employee on or after January 1, 2017, to
participate in the federal electronic verification program (e-verify
program) to determine the work eligibility status of newly hired
employees. Employers must retain a written or electronic copy of the
employment eligibility information received through the e-verify program
regarding each newly hired employee, and the director of the division of
labor (director) in the department of labor and employment (department)
may review employers' documentation and conduct random audits of
employers to ensure compliance.
An employer is subject to a fine of up to $5,000 for a first offense
and up to $25,000 for a second offense if the employer knowingly:
  • Fails to submit the required documentation to the director;
  • Submits false or fraudulent documentation; or
  • Fails to participate in the e-verify program.
For a subsequent offense, the employer is subject to a fine of up to
$25,000 and suspension of all the employer's business licenses for up to
6 months.
The bill also requires the department, as part of its quarterly
electronic publication to all employers in the state, to notify employers of
the requirements of the bill and to include a link to its website, on which
a permanent notice must be posted detailing the requirements of the bill
and instructions for enrolling in the e-verify program. The secretary of
state's website must also include information regarding the requirements
of the bill and the penalties for noncompliance.
The bill takes effect January 1, 2017.

Plan of Action
Hearing Date
House SponsorsC. Wist (R)
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsJ. Tate (R)
Senate Committee
Fiscal NotesFiscal Notes (06/30/2016)

Bill: HB16-1228
Title: Ag Protection Water Right Transfer Mechanism
StatusGovernor Signed (05/18/2016)
Category

Water

Bill Position

Monitor

Priority Bill
Reason for Position
Background

Need to Read bills to ensure amendments does not change our position. 3-21-16

Official Summary

Currently, water court proceedings governing an application to
change the beneficial use of an agricultural water right require the
applicant to designate a specific beneficial use identified at the time of the
application. The bill authorizes an owner of an agricultural water right to
seek a change-in-use decree in water court to allow the transfer of up to
50% of the water subject to the water right to any beneficial use for
renewable one-year periods, without designating the specific beneficial
use, if the owner has obtained substitute water supply plan approval and
the following conditions are met:
  • In accordance with rules established by the state engineer,
the state engineer must approve a one-year lease, loan, or
exchange transferring a portion of the water subject to the
water right;
  • The owner of the water right may transfer up to 50% of the
historical consumptive use portion of the water right;
  • The remaining portion of the water subject to the water
right must continue to be used for agricultural purposes;
  • The water right must be protected by the owner's
participation in a conservation program or water banking
program or establishment of a conservation easement;
  • Ownership must remain with the owner who applied for the
change-in-use decree;
  • The owner shall not transfer water subject to the water right
outside of the water division with jurisdiction over the
location of historical consumptive use; and
  • The transferable portion of the water subject to the water
right must be delivered to a point of diversion that is
subject to an existing water court decree.

Plan of Action
Hearing Date
House SponsorsJ. Becker (R)
J. Arndt (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsJ. Sonnenberg (R)
K. Donovan (D)
Senate CommitteeAgriculture, Natural Resources, and Energy
Fiscal NotesFiscal Notes (07/06/2016)

Bill: HB16-1256
Title: South Platte Water Storage Study
StatusGovernor Signed (06/06/2016)
Category

Water

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

Section 1 of the bill requires the Colorado water conservation
board (board), in collaboration with the state engineer, to conduct or
commission a hydrology study of the South Platte river basin to
determine, for each of the previous 20 years, the amount of water that has
been delivered to Nebraska from the river in excess of the amount
required under the South Platte river compact. The study must also
include a list of locations that have been identified as possible sites for the
construction of a reservoir along the mainstem and tributaries of the
South Platte river between Greeley, Colorado, and Julesburg, Colorado.
For each listed location, the study must include information on the
amount of water that could have been stored in a reservoir at the site, a
list of any property that the federal bureau of reclamation or another
government agency has purchased for construction of the site, an estimate
of the cost to construct a reservoir at the site, and a cost-benefit analysis
for constructing a reservoir at the site. The board, in collaboration with
the state engineer, is required to provide a report summarizing the study
to the committees of reference in the house of representatives and the
senate that have jurisdiction over natural resources matters.
Section 2 transfers $250,000 from the severance tax perpetual base
fund to the Colorado water conservation board construction fund on July
1, 2016.

Plan of Action
Hearing Date
House SponsorsJ. Brown (R)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsJ. Sonnenberg (R)
Senate CommitteeAgriculture, Natural Resources, and Energy
Fiscal NotesFiscal Notes (08/25/2016)

Bill: HB16-1266
Title: DOR Seize Destroy Marijuana Unauthorized Pesticide
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/27/2016)
Category

Business Practices

Bill Position

Amended Bill may Effect GreenCO

Priority Bill
Reason for Position
Background
Official Summary

The bill allows the department of revenue to seize and destroy
medical and retail marijuana that testing shows contains harmful
contaminants, as determined by the department of public health and
environment, or unauthorized pesticides.

Plan of Action
Hearing Date
House SponsorsK. Becker (D)
House CommitteeFinance
Senate SponsorsJ. Cooke (R)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (06/13/2016)

Bill: HB16-1283
Title: Water Loss Audit Report Performance Standards
StatusHouse Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely (04/04/2016)
Category

Water

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

Section 2 of the bill requires that, on or before June 30, 2018, and
on or before June 30 of each year thereafter, each covered entity must
submit to the Colorado water conservation board (board) a completed and
validated water loss audit report pursuant to guidelines that the board
must adopt by January 1, 2018. A covered entity is a public entity that
supplies at least 2,000 acre-feet of water per year to its customers. The
board may make grants from the water efficiency grant program cash
fund to provide water loss audit report validation assistance to covered
entities. No earlier than January 1, 2020, and no later than July 1, 2021,
the board must adopt guidelines establishing a score that a covered
entity's validated audit report should attain. Beginning September 1, 2020,
the board and the Colorado water resources and power development
authority may consider whether a covered entity has submitted a required
audit report in deciding whether to release financial assistance to the
covered entity (section 1). Section 3 transfers $150,000 per year for 3
years from the drinking water revolving fund to the water efficiency grant
program cash fund.

Plan of Action
Hearing Date
House SponsorsK. Becker (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate Sponsors
Senate Committee
Fiscal NotesFiscal Notes (07/20/2016)

Bill: HB16-1287
Title: CDLE Pre-apprenticeship & Apprenticeship Study
StatusGovernor Signed (06/06/2016)
Category

Business Practices

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill requires the department of labor and employment to study
the barriers to the use of pre-apprenticeship and apprenticeship programs
by Colorado businesses and make a report and recommendations based
on the study.
The report and recommendations that come from the study must
be provided to the state work force development council for inclusion in
the annual Colorado talent report.

Plan of Action
Hearing Date
House SponsorsP. Rosenthal (D)
J. Wilson (R)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsJ. Cooke (R)
J. Kefalas (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (09/07/2016)

Bill: HB16-1288
Title: Industry Infrastructure Grant Program
StatusGovernor Signed (05/20/2016)
Category

Business Practices

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

The bill creates the industry infrastructure grant program
(program) within the state work force development council (council). The
council is required to work with an authorized entity to award grants to
entities that develop and maintain industry competency standardization
to support businesses in their implementation of work site training
programs that are organized in conjunction with education entities.
The bill creates the industry infrastructure fund to pay for the
program. The fund consists of general fund money, a donation from the
authorized nonprofit entity, and any other gifts, grants, or donations that
the council receives.

Plan of Action
Hearing Date
House SponsorsT. Kraft-Tharp (D)
C. Wist (R)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsM. Merrifield (D)
J. Tate (R)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (09/07/2016)

Bill: HB16-1289
Title: Incentives To Complete Career Development Courses
StatusGovernor Signed (05/27/2016)
Category

Business Practices

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill creates the career development success pilot program to
provide financial incentives for school districts and charter schools to
encourage pupils enrolled in grades 9 through 12 to enroll in and
successfully complete identified industry-certificate, internship, and
pre-apprenticeship programs related to top jobs or jobs in other
high-demand industries and computer science advanced placement (AP)
courses. The state work force development council, in collaboration with
the departments of education, higher education, and labor and
employment and the office of economic development, must annually
identify the level of regional and state demand for various jobs and those
industry-certificate programs and qualifying internship and
pre-apprenticeship programs that are related to the in-demand jobs.
Starting June 30, 2016, each school district that chooses to
participate, each nonparticipating school district on behalf of its charter
schools that choose to participate, and the state charter school institute
(institute) on behalf of institute charter schools that choose to participate,
must annually report to the department of education (department) the
number of students who successfully earned an industry certificate by
completing an identified industry-certificate program or successfully
completed an internship or pre-apprenticeship program or qualified to
receive college credit for completing a computer science AP course for
that school year.
Beginning in the 2017-18 budget year and in each budget year
thereafter, the general assembly shall appropriate at least $1,000,000 for
the career development success pilot program. In each budget year, the
department shall first distribute to each school district and, through the
institute, to each institute charter school $1,000 for each student reported
as successfully earning an industry certificate by completing an identified
industry-certificate program in the preceding school year. If there is
money remaining in the appropriation after the first distribution, the
department must distribute to each school district and, through the
institute, to each institute charter school $1,000 for each student reported
as successfully completing an identified internship or pre-apprenticeship
program in the preceding school year. And if there is money remaining
after the second distribution, the department must distribute to each
school district and, through the institute, to each institute charter school
$1,000 for each student reported as successfully completing a computer
science AP course in the preceding school year. Each district and the
institute shall transfer to its charter schools 100% of the amount received
on behalf of the students enrolled in each charter school.
With each distribution, if the amount of the appropriation is
insufficient to fully fund the students included in the distribution, the
department must proportionately reduce the amount distributed for each
student.
Beginning in 2017, the department must provide to the joint
education committee of the general assembly a report on the
implementation and impact of the career development success pilot
program. The career development success pilot program is repealed in
2019.
1

Plan of Action
Hearing Date
House SponsorsC. Duran (D)
D. Esgar (D)
House CommitteeEducation
Senate SponsorsL. Garcia (D)
L. Crowder (R)
Senate CommitteeEducation
Fiscal NotesFiscal Notes (08/17/2016)

Bill: HB16-1301
Title: Business Income Tax Credit Offer Apprenticeships
StatusSenate Committee on Finance Postpone Indefinitely (05/06/2016)
Category

Tax/ Budget

Bill Position

Monitor

Priority Bill
Reason for Position
Background

Looking to see where bill ends up after amendments.  Supports the concepts but Pre- apprenticeship needs better definition to it. 

Official Summary

The bill provides an income tax credit to qualified Colorado
businesses that meet certain criteria and retain pre-apprentices or
apprentices. The credit is administered by the Colorado department of
labor and employment.

Plan of Action
Hearing Date
House SponsorsA. Garnett (D)
House CommitteeFinance
Senate SponsorsM. Scheffel (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (09/21/2016)

Bill: HB16-1302
Title: Align With Workforce Innovation & Opportunity Act
StatusGovernor Signed (05/19/2016)
Category

Business Practices

Bill Position

Monitor

Priority Bill
Reason for Position
Background

Monitoring if the bill provides any new funding and what are the benefits. 

Official Summary

The bill changes the title of the Colorado Work Force Investment
Act to the Colorado Workforce Innovation and Opportunity Act and
aligns the current state statute with the federal Workforce Innovation and
Opportunity Act (federal act).
Passage of the federal act in July 2014, created inconsistencies
between Colorado statutes and federal law in regards to workforce
development activities. This bill updates the language of the Colorado
Work Force Investment Act to comport with the federal act. It also
clarifies the roles that specific entities within Colorado play in work force
development programs. It removes requirements that existed in state law
that no longer apply due to the changes in federal law.

Plan of Action
Hearing Date
House SponsorsB. DelGrosso (R)
C. Duran (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsL. Newell (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (08/03/2016)

Bill: HB16-1313
Title: Auth Local Gov Master Plan Include Water Plan Goal
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/02/2016)
Category

Water/ Planning

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill authorizes local government master plans to include goals
specified in the state water plan and to include policies that condition
development approvals on implementation of those goals.

Plan of Action
Hearing Date
House SponsorsD. Coram (R)
J. Arndt (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsK. Donovan (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (06/06/2016)

Bill: HB16-1314
Title: Treat Preexisting Groundwater Depletions Replaced
StatusHouse Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely (04/04/2016)
Category

Water

Bill Position

Monitor-Under Further Review

Priority Bill
Reason for Position
Background
Official Summary

Due to rising groundwater levels since 2006, the bill specifies that
the state engineer and water judges must treat all out-of-priority
groundwater depletions from agricultural wells occurring in water
districts 1 through 6 and 64 in water division 1 that accrued between
March 15, 1974, and December 31, 2014, as having been fully replaced.

Plan of Action
Hearing Date
House SponsorsL. Saine (R)
S. Humphrey (R)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsV. Marble (R)
Senate Committee
Fiscal NotesFiscal Notes (06/06/2016)

Bill: HB16-1339
Title: Agricultural Property Foreclosures
StatusGovernor Signed (06/10/2016)
Category

Business Practices

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

Current law establishes the initial date of sale of foreclosed
property based on who is selling the property and whether the property is
agricultural or nonagricultural. Property is nonagricultural unless all of
the property is considered agricultural. The bill extends the provisions
relating to agricultural property to property in which any part is
agricultural.

Plan of Action
Hearing Date
House SponsorsP. Buck (R)
J. Ginal (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsR. Baumgardner (R)
Senate CommitteeAgriculture, Natural Resources, and Energy
Fiscal NotesFiscal Notes (08/25/2016)

Bill: HB16-1388
Title: Employer Hiring Criminal History Employee
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/04/2016)
Category

New Bill - General Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

The bill generally prohibits an employer from:
  • Advertising that a person with a criminal history may not
apply for a position;
  • Placing a statement in an employment application that a
person with a criminal history may not apply for a position;
or
  • Making an inquiry about a candidate's arrests or criminal
convictions until the candidate has been offered an
interview or a conditional offer of employment.
An employer is exempt from these restrictions when:
  • The law forbids a person from being employed on account
of a criminal conviction or requires an employer to
consider a candidate's criminal history for the job;
  • The employer is participating in a program to encourage
employment of people with criminal histories; or
  • The job requires a fidelity bond and the criminal history
would disqualify the candidate.
An employer must keep applications for 9 months. The department
of labor and employment will enforce the section with civil penalties. A
violation of the restrictions does not create a private cause of action.

Plan of Action
Hearing Date
House SponsorsE. McCann (D)
House CommitteeJudiciary
Senate SponsorsM. Merrifield (D)
L. Guzman (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/31/2016)

Bill: HB16-1392
Title: Water Banks Administration
StatusHouse Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely (04/11/2016)
Category

Water

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill provides water banking throughout the state by
authorizing the Colorado water conservation board (board) to adopt rules
establishing a water bank and authorizing the board, after the board has
operated the water bank for at least 2 years, to delegate operation of a
portion of the water bank to a water conservation district or a water
conservancy district that chooses to operate a portion of the water bank
and has demonstrated to the board's satisfaction that it can effectively
operate a portion of the water bank.
The board's rules must allow a person to deposit water for
renewable periods of up to 10 years each. The board's rules must limit the
amount of water a person may deposit into the water bank to depositing
all of the water subject to a decree for up to 3 years in any consecutive
10-year period or depositing up to 30% of the water subject to the decree
in any consecutive 10-year period. The board's rules must also prohibit a
lease, loan, or trade of water from the water bank that would negatively
affect an interstate obligation or result in transferring water out of the Rio
Grande or Arkansas River basins or across the continental divide.
As part of the application process that the board is required to
establish by rule, the board, in conjunction with the state engineer, shall
develop a streamlined process by which a person may calculate the
historical consumptive use and return flows of the person's water right
and any potential material injury arising from a deposit of water from the
person's water right. The state engineer will use the streamlined process
to certify water deposit applications.
Individual water bank transactions will not require water court
approval. However, the board's rules governing the water bank will be
published before becoming effective, and a person may protest the board's
rules in a water division designated by the Colorado supreme court in the
same manner that a person would protest a water referee's ruling in water
court.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
E. Vigil (D)
House CommitteeAgriculture, Livestock and Natural Resources
Senate SponsorsL. Crowder (R)
Senate Committee
Fiscal NotesFiscal Notes (04/08/2016)

Bill: HB16-1432
Title: Personnel Files Employee Inspection Right
StatusGovernor Signed (06/10/2016)
Category

Business Practices

Bill Position

Oppose as the bill looks to be ammended to get passed. 

Priority Bill
Reason for Position
Background
Official Summary

The bill allows an employee or former employee at least annually
to request that his or her employer permit the employee or former
employee to inspect or request copies of the employee's or former
employee's personnel file at the employer's office and at a time
convenient to both the employer and the employee or former employee.
Employees or former employees are required to pay reasonable costs of
duplication of documents.

Plan of Action
Hearing Date
House SponsorsF. Winter (D)
House CommitteeJudiciary
Senate SponsorsA. Kerr (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (07/25/2016)

Bill: HB16-1435
Title: Low-wage Employer Corporate Responsibility Act
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Category

Business Practices

Bill Position

Oppose this bill may not make it out of the house. 

Priority Bill
Reason for Position
Background
Official Summary

The bill, known as the Corporate Responsibility Act, creates the
employment-related public benefits enterprise (enterprise) as a
government-owned business and type 1 agency within the department of
health care policy and financing (HCPF). The enterprise has the business
purpose of improving the health of the pool of workers for low-wage
employment and their families and thereby benefitting low-wage
employers by giving them access to a healthier pool of workers. The
board of directors of the enterprise (board) consists of 7 members
appointed by the governor: 2 who are representatives of employers; 2 who
are representatives of organized labor; one who is employed and is
receiving assistance under a state-subsidized health care assistance
program; one who represents a nonprofit organization that provides health
care services to low-income individuals; and one who represents a
nonprofit organization that advocates in support of health care services
for low-income individuals. Various powers of the enterprise are
specified.
On and after January 1, 2017, the enterprise must impose an
employment-related public benefits fee (fee) based on a per-hour worked
basis for each employee of a low-wage employer that employs 250 or
more employees in Colorado, but a low-wage employer may credit health
care expenditures to or on behalf of a low-wage employee against the
public benefits fee for each low-wage employee's hours. The enterprise
must set the fee in an amount that is reasonably calculated to reflect the
benefit received by such employers from the provision of state-subsidized
health care program assistance to low-wage employees in the state and the
costs to the state of providing that assistance but is neither less than 25
cents nor more than one dollar per hour worked. So long as the enterprise
meets the constitutional requirements for enterprise status under the
taxpayer's bill of rights, fee revenue does not count against the state fiscal
year spending limit.
The employment-related public benefits fee fund (fund) is created
in the state treasury, and all fee revenue and interest and income derived
from the deposit and investment of the fund is credited to the fund. The
enterprise may expend money from the fund to support and improve
health care services provided to individuals who are eligible to receive
services under the Colorado Medical Assistance Act and to defray its
administrative expenses in implementing and administering provisions of
the bill. It is prohibited to transfer money in the fund to any other state
fund or department or agency of state government.
Employers are prohibited from taking various specified actions,
including the discharge of low-wage employees during a specified period
following the implementation of the fee, for the purpose of avoiding or
reducing their liability for the fee. Employers are prohibited from
retaliating against employees for whistleblowing or taking various other
specified actions relating to implementation or enforcement of the bill,
such retaliation is defined as an unfair employment practice, and an
employee retaliated against may file a complaint with the Colorado civil
rights division. The attorney general and district attorneys are
concurrently responsible for the enforcement of the Corporate
Responsibility Act.

Plan of Action
Hearing Date
House SponsorsC. Duran (D)
K. Becker (D)
House CommitteeHealth, Insurance, & Environment
Senate SponsorsJ. Kefalas (D)
J. Ulibarri (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (06/13/2016)

Bill: HB16-1438
Title: Employer Accommodations Related To Pregnancy
StatusGovernor Signed (06/01/2016)
Category

Business Practices

Bill Position

Oppose at this point.  Bill will be amended do to the impact on voting records.

Priority Bill
Reason for Position
Background
Official Summary

The bill makes it an unfair employment practice if an employer
fails to provide reasonable accommodations for an applicant for
employment or an employee for conditions related to pregnancy or
childbirth. The bill requires each employer to provide a notice of rights
regarding the unfair employment practice to his or her employees.

Plan of Action
Hearing Date
House SponsorsF. Winter (D)
House CommitteeHealth, Insurance, & Environment
Senate SponsorsB. Martinez Humenik (R)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (07/14/2016)

Bill: SB16-036
Title: Surety Reqmnt For Appealing Tax Bills Claimed Due
StatusGovernor Signed (06/10/2016)
Category

Tax and Budget

Bill Position

Support

Priority Bill
Reason for Position
Background
Official Summary

Current law requires a taxpayer wishing to appeal to the district
court a final determination of the executive director of the department of
revenue or a final determination of a local government, within a specified
time after filing a notice of appeal, to either:
  • Set aside twice the amount of the taxes, interest, and other
charges stated in the final determination by filing a surety
bond in such amount with the district court;
  • Set aside twice the amount of the taxes, interest, and other
charges stated in the final determination by establishing a
savings account, deposit account, or certificate of deposit
for such amount at a state or national bank or a state or
federal savings and loan association doing business in this
state; or
  • Deposit the disputed amount with the executive director of
the department of revenue. If the taxpayer chooses this
option, the interest accrual is tolled.
Current law also requires home rule jurisdictions and statutory
local governments to follow the same requirements for appeals to district
courts related to the sales and use taxes they impose.
The bill repeals that requirement for everything but an appeal of
a final determination by the executive director for frivolous submissions
and instead specifies that if the taxpayer wishes to appeal a district court
ruling then within a specified number of days after the district court ruling
the taxpayer must set aside money in one of the ways described above.

Plan of Action
Hearing Date
House SponsorsT. Kraft-Tharp (D)
L. Sias (R)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsC. Jahn (D)
T. Neville (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (08/26/2016)

Bill: SB16-070
Title: Prohibit Discrimination Labor Union Participation
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/04/2016)
Category

Business Practice

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

The bill prohibits an employer from requiring any person, as a
condition of employment, to become or remain a member of a labor
organization or to pay dues, fees, or other assessments to a labor
organization or to a charity organization or other third party in lieu of the
labor organization. Any agreement that violates these prohibitions or the
rights of an employee is void.
The bill creates civil and criminal penalties for violations and
authorizes the attorney general and the district attorney in each judicial
district to investigate alleged violations and take action against a person
believed to be in violation. The bill states that all-union agreements are
unfair labor practices.

Plan of Action
Hearing Date
House SponsorsJ. Everett (R)
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsT. Neville (R)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (06/02/2016)

Bill: SB16-114
Title: Employee-earned Paid Sick Leave
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/22/2016)
Category

Business Practices

Bill Position

Oppose

Priority Bill
Reason for Position
Background
Official Summary

The bill creates the Healthy Families and Workplaces Act (act),
which requires all private employers in Colorado to provide paid sick
leave to their employees, accrued at one hour of sick leave for every 30
hours worked, subject to the following limits:
  • For employers employing 10 or more employees, the
employer is not required to provide more than a total of 72
hours of paid sick leave in a 12-month period; and
  • For employers employing fewer than 10 employees, the
employer is not required to provide more than a total of 40
hours of paid sick leave in a 12-month period.
An employee would start accruing paid sick leave when his or her
employment begins and would be permitted to use his or her accrued paid
sick leave as it is accrued.
Additionally, an employee would be allowed to carry forward and
use in subsequent calendar years paid sick leave that is not used in the
year in which it is accrued, subject to the caps on the total amount of
leave allowed in a 12-month period.
Employees may use accrued paid sick leave to be absent from
work for the following purposes:
  • The employee has a mental or physical illness, injury, or
health condition; needs a medical diagnosis, care, or
treatment related to such illness, injury, or condition; or
needs to obtain preventive medical care;
  • The employee needs to care for a family member who has
a mental or physical illness, injury, or health condition;
needs a medical diagnosis, care, or treatment related to
such illness, injury, or condition; or needs to obtain
preventive medical care;
  • The employee or family member has been the victim of
domestic abuse, sexual assault, or harassment and needs to
be absent from work for purposes related to such crime; or
  • A public official has ordered the closure of the school or
place of care of the employee's child or of the employee's
place of business due to a public health emergency,
necessitating the employee's absence from work.
The bill prohibits an employer from retaliating against an
employee who uses his or her paid sick leave or otherwise exercises his
or her rights under the act. Employers are required to notify employees of
their rights under the act by providing employees with a written notice of
their rights and displaying a poster, developed by the division of labor
(division) in the department of labor and employment, detailing
employees' rights under the act.
Employers must retain records documenting, by employee, the
hours worked, paid sick leave accrued, and paid sick leave used and make
such records available to the division to monitor compliance with the act.
The director of the division will implement and enforce the act and
adopt rules necessary for such purposes. The bill treats an employee's
information about his, her, or a family member's health condition or
domestic abuse, sexual assault, or harassment case as confidential and
prohibits an employer from disclosing such information or requiring the
employee to disclose such information as a condition of using paid sick
leave.
Employers, including public employers, that provide comparable
paid leave to their employees and allow employees to use that leave as
permitted under the act are not required to provide additional paid sick
leave to their employees.
Employees covered by a collective bargaining agreement would
not be entitled to sick leave under the act if the collective bargaining
agreement expressly waives the requirements of the act and provides an
equivalent benefit to covered employees.

Plan of Action
Hearing Date
House SponsorsJ. Danielson (D)
House Committee
Senate SponsorsM. Carroll (D)
J. Ulibarri (D)
Senate CommitteeState, Veterans, and Military Affairs
Fiscal NotesFiscal Notes (05/16/2016)

Bill: SB16-128
Title: Amend Augmentation & Substitute Water Supply Plans
StatusSenate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely (03/03/2016)
Category

Water

Bill Position

Killed on 3/3

Priority Bill
Reason for Position
Background
Official Summary

The bill allows for amendments to decreed plans for augmentation
(sections 1 and 2 of the bill) and approved substitute water supply plans
(section 3), or specific portions thereof, without reopening the entire
decree or approval.

Plan of Action
Hearing Date
House SponsorsJ. Arndt (D)
House Committee
Senate SponsorsM. Hodge (D)
Senate CommitteeAgriculture, Natural Resources, and Energy
Fiscal NotesFiscal Notes (06/06/2016)

Bill: SB16-179
Title: CDLE Unemployment Insurance Classification
StatusGovernor Signed (06/10/2016)
Category

Business Practices

Bill Position

Monitor

Priority Bill
Reason for Position
Background
Official Summary

Under current law, the department of labor and employment
(CDLE) determines whether an individual is classified as an employee or
an independent contractor for purposes of unemployment insurance
eligibility. CDLE has the authority to audit businesses to gather
information to assist in making the determination. As it relates to the
audit process, the bill requires CDLE to:
  • Develop guidance for employers on the statutory factors
specified that determine the classification;
  • Clarify the process by which an employer or individual
may submit further information in response to a
determination by the department and prior to an appeal;
  • Establish an individual to serve as a resource for employers
on certain classification and audit matters;
  • Establish internal methods to improve consistency between
auditors; and
  • Establish an independent review of a portion of audit and
appeal results at least twice a year to monitor trends and
make improvements to the audit process.

Plan of Action
Hearing Date
House SponsorsB. DelGrosso (R)
P. Lee (D)
House CommitteeBusiness, Affairs & Labor
Senate SponsorsE. Roberts (R)
R. Heath (D)
Senate CommitteeBusiness, Labor and Technology
Fiscal NotesFiscal Notes (07/22/2016)

Bill: SB16-210
Title: Fix Colorado Roads Act
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Category

Transportation

Bill Position

New Bill

Priority Bill
Reason for Position
Background
Official Summary

In 1999, the voters of the state authorized the executive director of
the department of transportation (executive director) to issue
transportation revenue anticipation notes (TRANs) in a maximum
principal amount of $1.7 billion and with a maximum repayment cost of
$2.3 billion in order to provide financing to accelerate the construction of
qualified federal aid transportation projects. The executive director issued
the TRANs as authorized. The final payments of principal and interest on
the TRANs will be made during fiscal year 2016-17, which will make
available for expenditure for transportation-related purposes only
revenues dedicated for transportation by federal law, the state
constitution, and state law that the state has been using to make principal
and interest payments on the TRANs.
Section 3 of the bill repeals a requirement that the state treasurer
make conditional transfers, which are reduced or eliminated if the state
is required to refund excess state revenues in accordance with the
taxpayer's bill of rights, of a specified percentage of total general fund
revenues from the general fund to the capital construction fund and the
highway users tax fund for state fiscal years 2017-18, 2018-19, and
2019-20.
Section 4 of the bill requires the state transportation commission
to submit a ballot question to the voters of the state at the November
2016, 2017, or 2018 election which, if approved, would authorize the
executive director to issue additional TRANs in a maximum principal
amount of $3.5 billion and with a maximum repayment cost of $5.5
billion once the TRANs already issued are repaid in full. The additional
TRANs must have a maximum repayment term of 20 years, and the
certificate, trust indenture, or other instrument authorizing their issuance
must provide that the state may pay them in full before the end of the
specified payment term without penalty. Additional TRANs must
otherwise generally be issued subject to the same requirements and for the
same purposes as the original TRANs; except that the transportation
commission must pledge to annually allocate from legally available
money under its control any money needed for payment of the notes in
excess of amounts appropriated by the general assembly from the state
highway fund for payment of the notes as authorized by section 6 of the
bill until the notes are fully repaid.
Section 5 of the bill requires proceeds from the sale of any
additional TRANs that are not otherwise pledged for the payment of the
TRANs to be used only for specified projects until all of the projects have
been funded in whole or in part with such proceeds and have been fully
funded and specifies additional transportation project contract award
process requirements and limitations for a project to be funded in whole
or in part with proceeds of additional TRANs.
Sections 6 and 7 of the bill require 5% of state sales and use tax
net revenue collected on or after July 1, 2017, to be credited to the
highway users tax fund (HUTF), paid from the HUTF to the state highway
fund for use, subject to annual appropriation by the general assembly, for
payment of TRANs and, to the extent not used for that purpose, state
transportation projects. Section 6 also requires 1% of state sales and use
tax net revenue collected on or after July 1, 2017, to be credited to the
capital construction fund.

Plan of Action
Hearing Date
House SponsorsB. DelGrosso (R)
K. Priola (R)
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsR. Baumgardner (R)
Senate CommitteeFinance
Fiscal NotesFiscal Notes (06/03/2016)
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