The Denver Metro Chamber of Commerce has taken positions on 11 bills that are working their way through the Colorado General Assembly.
HB15-1096 Small Business Definition
Rep. Kit Roupe (R-Colorado Springs)
Summary: The bill creates a general definition of the term “small business” for purposes of Colorado law to apply in situations where a more specific definition does not exist in the statutes. The definition of “small business” in the legislation is a firm with fewer than 50 employees and less than $5 million in annual revenue.
The Chamber supports HB15-1096 because it provides a general definition for small business to apply when a specific definition is not specified in a particular statute, which adds clarity to statutes for small businesses.
SB15-069 Repeal Job Protection Civil Rights Enforcement Act
Sen. Laura Woods (R-Arvada) and Rep. Libby Szabo (R-Arvada)
Summary: In 2013, the general assembly enacted HB13-1136, the “Job Protection and Civil Rights Enforcement Act of 2013,” which established compensatory and punitive damage remedies as well as front pay, for a person who proves that an employer engaged in a discriminatory or unfair employment practice under state law. These remedies were created in addition to equitable relief, such as back pay, reinstatement or hiring, which is already available to employment discrimination victims. SB15 – 069 repeals all components of that act and restores the equitable relief remedies that were available to employment discrimination victims making claims under state law prior to the passage of the act.
The Chamber supports SB15-069 because it would repeal HB13 – 1136, which makes Colorado less attractive to small business owners and entrepreneurs. HB13 -1136 exposed all Colorado employers, regardless of size, to the possibility of compensatory or punitive damages in discrimination or unfair labor practice claims, as well as the expense of defending a jury trial. This expansion of liability to small employers who employ less than 15 employees is not conducive to encouraging entrepreneurship and to fostering a thriving innovative business environment. Accordingly, the Chamber supports the repeal of HB13 – 1136 via SB15 – 69.
SB15-078 Business Fiscal Impacts Leg Measure and Exec Rules
Sen. Tim Neville (R-Littleton) and Rep. Patrick Neville (R-Castle Rock)
Summary: The bill directs the staff of the legislative council (staff) to designate a five-day period following the introduction of new legislation or the notice of proposed rule-making during which any person may submit comments regarding the potential business fiscal impacts of new legislation or a new rule. Upon the expiration of that period, staff is required to compile the comments into a notice of reported business fiscal impact and to post each notice on its official web site. Staff is also required to provide the appropriate department with the notice regarding a proposed rule.
The Chamber supports SB15-078 because it gives the business community a greater voice via the opportunity to provide input on the financial impact on businesses of legislative measures and gives the legislature visibility to the financial impact legislation can have to the business community.
HB15-1109 Additional SB09-228 Transfers to HUTF and Capital Construction
Rep. Brian DelGrosso (R-Loveland)
Summary: This bill lengthens the five-year block of statutory transfers from the General Fund to the Highway Users Tax Fund (HUTF) and the Capital Construction Fund (CCF), in the event that one or more years of transfers are reduced or not made because of a revenue surplus under the Taxpayer’s Bill of Rights (TABOR). For each year in which transfers are reduced or not made, an additional year of transfers is required, in which 2 percent of General Fund revenue must be transferred to the HUTF and 1 percent of General Fund revenue must be transferred to the CCF. As in current law, transfers created in the bill may be reduced or not made because of the size of the TABOR surplus.
The Chamber supports HB15-1109 because it preserves five years of much-needed funding as originally established in SB09 – 228, even if there are some years in which a fund transfer does not occur. The funding outlined in SB09 – 228 is critical for infrastructure investment in Colorado, a key component of continuing to grow our economy and move workers and goods.
HB15-1119 Local Government Fracking Ban Liable Royalties
Rep. Perry Buck (R-Windsor)
Summary: The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the royalty owner for the value of the lost royalties.
The Chamber supports HB15-1119 because it recognizes the private property rights of mineral owners and compensates owners for the financial loss if they are precluded from access to those minerals due to a fracking ban.
SB15-046 Renewable Energy Standard Adjust REAs
Sen. Kevin Grantham (R-Canon City)
Summary: Under Colorado’s renewable energy standard, by the year 2020, cooperative electric associations and municipally owned electric utilities will be required to obtain at least 10 percent and, in the case of a large cooperative serving 100,000 or more customers, 20 percent of the electricity they sell at retail from renewable sources. The bill allows these utilities to count each kilowatt-hour of electricity obtained through retail-distributed generation, such as solar panels, as three kilowatt-hours for purposes of meeting the 2020 standard. In addition, the bill allows cooperative electric associations to use purchases from community solar gardens to meet the standard.
The Chamber supports SB15-046 because it provides additional tools for rural cooperatives to meet Colorado’s renewable energy standard and allows community solar to be one of those tools.
HB15-1077 Modify Vehicle Late Registration Fee
Rep. Jim Wilson (R-Chaffee County)
Summary: Under current law, if the owner of a motor vehicle fails to register the vehicle when required, the owner must, upon registering the vehicle and subject to a $100 cap, pay a late fee of $25 for each month or portion of a month for which the registration was late. Fee revenue is credited $10 to the county government registering a vehicle; remaining revenue is deposited into the Highway Users Tax Fund (HUTF). This bill caps the late vehicle registration fee at $10 and credits the fee to the county government registering the vehicle. The bill applies to late fees assessed on or after July 1, 2015.
The Chamber opposes HB15-1077 because it strips funding for transportation that was allocated by FASTER legislation. The Chamber supported the original FASTER legislation (SB09 – 108), which currently generates about $200 million every year for critical state transportation projects across CO. The revenue is generated from vehicle registration fees and fines established or increased by FASTER. By capping the late registration fee at $10 and designating it to the county, rather than going to the highway users tax fund, HB15 – 1077, will ultimately erode revenue generated by FASTER fees and penalties and reduce the revenue available for key highway and bridge projects identified by the FASTER legislation.
SB15 – 018 Concerning the Repeal of the Late Vehicle Registration Fee
Rep. Patrick Neville (R – Castle Rock) and Sen. Tim Neville (R – Littleton)
Summary: Under current law, if the owner of a motor vehicle fails to register the vehicle when required, the owner must, upon registering the vehicle and subject to a $100 cap, pay a late fee of $25 for each month or portion of a month for which the registration was late. The bill repeals the late fee.
The Chamber opposes SB15-018 because it strips funding for transportation that was allocated by the passage of FASTER legislation. The Chamber supported the original FASTER legislation (SB09 – 108), which generates about $200 million every year for critical state transportation projects across CO, with additional revenue generated from several vehicle registration fees and fines established or increased by FASTER. SB15 – 018 repeals the late fees, which ultimately will erode revenue generated by FASTER and reduce the revenue available for key highway and bridge projects identified by the FASTER legislation.
HB15-1105 Revising CO Ed Accountability Measures
Rep. Justin Everett (R-Littleton) and Sen. Vicki Marble (R-Littleton)
Summary: The bill repeals the existing academic standards for English language arts, mathematics, science, and social studies and requires the state board to adopt new academic standards in these subjects as recommended by the preschool through elementary and secondary education academic standards steering committee, created in the bill. Existing law directs the state board to adopt a system of statewide assessments. The bill clarifies that the state board must adopt state assessments in English language arts, mathematics and science. The bill repeals the provision that directs the state board to participate with a consortium of states in developing assessments and repeals the requirement that the state board adopt postsecondary and workforce planning and preparation assessments.
The Chamber opposes HB15-1105. The Chamber has long supported the development of the Colorado Academic Standards and the use of smart assessments in our schools. Colorado is now in the process of implementing the standards and assessments that the Chamber believes will equip our students with the skills needed to succeed in a 21st century workplace. Repeal of the Colorado standards and assessments will add significant unnecessary cost and delay implementation of the high standards we need for our students.
HB15-1123 Fed Test Requirements Option for Local Ed Providers
Rep. Jack Tate (R-Centennial)
Summary: The bill allows the governing board of a school district, a board of cooperative services that operates a public school or a charter school to adopt a resolution to administer the statewide assessments in English language arts, mathematics, and science only to the extent required by federal law. A governing board that adopts the resolution would not be required to administer the ACT to students in 11th grade.
The Chamber opposes HB15-1123 because the bill repeals existing academic standards and assessments of which the Chamber is in support. Education is a key issue for the Chamber because and it creates the foundation for our workforce. Standards and assessments should include statewide learning standards, outcome-oriented testing, national and international benchmarks, curricula that prepares students with the skills needed in our workforce for the 21st century and freedom for local districts to determine the best course for their students to find success.
HB15-1125 Co State Academic Standards and Flexible Assessments
Rep. Paul Lundeen (R-Monument) and Sen. Chris Holbert (R-Parker)
Summary: The bill requires the state board, beginning no later than the 2015-16 school year, to annually revise the state academic standards in two instructional areas and repeals the existing statute that governs statewide testing. The bill expresses the general assembly’s intent to allow local education providers to implement their assessment plans and to require the department to use the results of local assessments in accrediting local education providers after the federal department of education grants the waiver. The bill restricts testing in several areas and subjects including English language arts, mathematics, science and social studies and repeals the existing statute that governs statewide testing.
The Chamber opposes HB15-1125 because the bill repeals existing academic standards and assessments of which the Chamber is in support. Education is a key issue for the Chamber because and it creates the foundation for our workforce. Standards and assessments should include statewide learning standards, outcome-oriented testing, national and international benchmarks, curricula that prepares students with the skills needed in our workforce for the 21st century, and freedom for local districts to determine the best course for their students to find success.
Click here to view all the Chamber’s positions this session.
Jennifer Jones is the director of public affairs for the Denver Metro Chamber of Commerce.
[Photo by: Ken Lund]