Colorado Bills

Health benefits are offered to state employees through the 'State Employees Group Benefits Act' (act), which is administered by the state personnel director. The bill authorizes the state personnel director, or a designee, to enter into an agreement with any local government to provide health benefits to employees of the local government through the group benefit plans offered to state employees pursuant to the act. The bill specifies that a local government is not required to offer health benefits to its employees through the group benefit plans offered to state employees pursuant to the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill is known as the 'Colorado Citizen Protection Against Sanctuary Policies Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests. The bill states that it is the policy of this state to ensure, to the fullest extent of the law, that the state or a political subdivision (jurisdiction) of the state complies with federal immigration law. In addition, pursuant to a recent presidential executive order, the United States secretary of homeland security has the authority to designate, in his or her discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction that willfully refuses to comply with federal immigration law. A jurisdiction that violates the following requirements is deemed to be out of compliance with the requirements of federal immigration law and is deemed to have established a sanctuary jurisdiction policy if it: Prohibits, or in any way restricts any jurisdiction, official, or employee from sending to, or receiving from, federal immigration agencies information regarding the citizenship or immigration status, lawful or unlawful, of any individual; or Prohibits, or in any way restricts, a jurisdiction from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: Sending such information to, or requesting such information from, federal immigration agencies; Maintaining such information; Exchanging such information with any other federal, state, or political subdivision of the state; or Encourages the physical harboring of an alien in violation of federal law. A jurisdiction is also deemed to have created a sanctuary jurisdiction policy for purposes of the bill if it is officially notified by the federal department of justice or the federal department of homeland security that it is not in compliance with federal immigration law or if it has been denied federal grant funds based on lack of compliance with federal immigration law. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. On or before July 1, 2018, and on or before July 1 of each year thereafter, the governing body of any jurisdiction in this state is required to annually submit a written report and affirmation to the department of public safety (department) that the jurisdiction is in compliance with federal immigration law and the provisions of the bill. If the department does not receive those written reports and affirmations, the department is required to provide the name of that jurisdiction to the state controller. On or before September 1, 2018, and on or before September 1 of each year thereafter, the department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. Commencing with the 2018-19 fiscal year and each fiscal year thereafter, the state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with the compliance and affirmation requirement. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance. The department is required to republish on its website, once the information is available, the data reported by the federal immigration and customs enforcement agency that pertains to Colorado on the apprehension and release of aliens from custody as compiled by that agency and reported weekly pursuant to a federal memorandum issued by the federal department of homeland security. The bill waives governmental immunity protection from claims brought against a jurisdiction and against its public employees for personal injuries caused to crime victims as a result of the jurisdiction creating sanctuary jurisdiction policies in violation of the federal law. Governmental immunity is waived and compensatory damages may be awarded under the 'Colorado Governmental Immunity Act' to the crime victim if the person who engaged in the criminal activity: Is determined to be an illegal alien; Had established residency in a jurisdiction that had adopted a sanctuary jurisdiction policy; and Is convicted of the crime that is a proximate cause of the injury to the crime victim. The bill states that nothing in the bill relating to compliance with federal immigration laws and nothing in the 'Colorado Governmental Immunity Act' shall be construed to require a jurisdiction or a public employee to violate an applicable court ruling from the United States tenth circuit court of appeals or the United States supreme court regarding the enforcement of any provision of federal immigration law. The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law or by a federal immigration agency. The bill includes a severability clause. The bill takes effect January 1, 2018, and applies to acts or omissions occurring on or after said date. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition. Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR). (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing. Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018. Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund). Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. All moneys in the fund must be expended for the purpose of supporting new or existing programs that: Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units. The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is: Up to 80% of the area median income for rental occupancy; and Up to 110% of the area median income for home ownership. This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents. New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill. Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires health insurance carriers that contract with the state to provide group benefit plans to state employees to: Participate in the individual market through the health insurance exchange; Provide plans to 2 counties in a geographic rating area with the highest premiums; and Participate in medicaid, the children's basic health plan, and specific grant programs.(Note: This summary applies to this bill as introduced.)

There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property schedule that is equal to $7,300 for the current property tax year cycle. The bill increases the exemption to $10,000 for the next 2 property tax years and adjusts it for inflation for subsequent property tax cycles. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill, known as the 'Colorado Energy Impact Assistance Act', authorizes any investor-owned electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of a power plant occurs. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers. Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay a specified percentage of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility. The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs. Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill states that upon a court order, the department of human services (DHS) may transfer to the department of corrections (DOC) an individual who is at least 18 years of age and committed to the custody of the division of youth corrections within the DHS if: The individual is convicted of possession of contraband in the first degree when the contraband at issue is a deadly weapon; any crime of violence; first-, second-, or third-degree assault; or any offense for the possession or distribution of a controlled substance; and The DHS has certified that the individual is no longer benefitting from its programs or is unfit or unsafe for continued placement in a juvenile facility. Upon entering an order for such a transfer, the court shall issue a mittimus transferring all further jurisdiction over the individual to the DOC. Thereafter, the individual shall serve the unserved portion of his or her juvenile sentence as if he or she had been sentenced as an adult offender for such unserved portion. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Joint Budget Committee. The bill authorizes the department of revenue to establish a renewal application fee for each liquor license issued by the state.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

With respect to an application screening fee that a landlord may charge a prospective tenant, the bill: Limits the fee to cover the landlord's actual costs; Requires the landlord to provide any person who has paid the fee with either a disclosure of the landlord's anticipated expenses for which the fee will be used or a receipt that itemizes the landlord's actual expenses incurred. The landlord may provide the person with an electronic receipt, unless the person requests a paper receipt. Requires the landlord to return any amount of the fee that is not used as authorized by law; and Establishes a penalty for a landlord that does not comply with the requirements related to the fee. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires the contractor for any public project that does not receive any federal moneys to use apprentices registered with an apprenticeship program for at least 25% of the workforce in an apprenticeable occupation that is hired to work on the public project (apprenticeship requirements). For purposes of the bill, a public project is a project under the supervision of any state agency, including the department of transportation, that is likely to cost $500,000 or more in any fiscal year. The apprenticeship program must be registered with the United States department of labor, office of apprenticeship. A government agency may consider a bid or proposal for a public project that does not receive any federal moneys only if the bid or proposal indicates that at least 25% of the project workforce that is in an apprenticeable occupation and that is hired by the contractor to work on the public project will be apprentices registered with an apprenticeship program. Upon completion of a public project, the contractor is required to submit an affidavit to the government agency stating that the contractor has satisfied the apprenticeship requirements or made a good faith effort to comply with the apprenticeship requirements. If the contractor complied with the requirements, the affidavit must include the names of the registered apprentices, identify the specific apprenticeship programs with which the apprentices are registered, and specify the total number of people in the workforce for the public project who are in apprenticeable occupations. If the contractor was unable to comply with the apprenticeship requirements, the affidavit must include documentation of the contractor's good faith efforts to comply and the reason why compliance was not possible. If the contractor fails to submit the affidavit or if the state agency finds that the affidavit does not reflect the contractor's compliance or good faith effort to comply with the apprenticeship requirements, the agency may retain any unallocated portion of the amount of the contract price that the agency is authorized to withhold until the contract is completed as liquidated damages. A contractor that is awarded a contract by a state agency shall require, through private contract, that any subcontractor used to fulfill the terms of the contract complies with the apprenticeship requirements. The contractor may require, through private contract, that a subcontractor provide necessary information to allow the contractor to comply with the affidavit requirements. The bill specifies that the apprenticeship requirements do not supersede existing statutory requirements for licensed apprenticeable occupations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)