The Denver Metro Chamber of Commerce has taken positions on 11 bills that are working their way through the Colorado General Assembly.
HB15-1038 Flexible Water Markets
Rep. Jenise Arndt (D-Fort Collins)
Summary: Currently, water court proceedings governing an application to change the beneficial use of an irrigation water right require the applicant to designate a specific alternative beneficial use identified at the time of the application. This bill creates a more flexible change-in-use system by allowing an applicant who seeks a change in use to apply without designating the specific beneficial use to which the water will be applied.
The Chamber supports HB15–1038 because it gives additional flexibility in the use of water rights, while also saving money and time by avoiding water court.
HB15-1172 Repeal Punitive Damages Employment Discrimination
Rep. Brian DelGrosso (R-Loveland)
Summary: Under federal law, employers with 15 or more employees found to have engaged in intentional discrimination are subject to compensatory and punitive damages. In HB 13-1136, the general assembly enacted legislation enabling plaintiffs in state employment discrimination cases to seek an award of compensatory and punitive damages and extended the applicability of the statute to all employers, regardless of size. The bill eliminates the ability of a plaintiff filing an employment discrimination claim under state law to obtain punitive damages.
The Chamber supports HB15–1178 because this puts Colorado on a level playing field with neighboring states, thereby removing a competitive disadvantage for small business owners.
HB15-1173 Winter Driving I-70 Tread Depth & Tire Chains
Rep. Diane Mitsch Bush (D-Steamboat Springs) and Rep. Bob Rankin (R-Carbondale)
Summary: The bill requires all motor vehicles driving on Interstate 70 between Morrison and Dotsero during the snowy season to comply with the current commercial vehicle requirements for tires and chains. The department of transportation is instructed to erect signs at appropriate places, notifying the public of this requirement.
The Chamber supports HB15–1173 because the bill addresses one of the causes of accidents and congestion on the I–70 mountain corridor, especially during peak periods in winter conditions.
HB15-1180 Sales & Use Tax Refund Med & Clean Technology
Rep. Tracy Kraft-Tharp (D-Arvada) and Sen. Rollie Heath (D-Boulder)
Summary: The bill recreates and reenacts, with amendments, a refund for state sales and use tax paid by a qualified medical technology or clean technology taxpayer (qualified taxpayer). From 2015 through 2019, a qualified taxpayer may claim a refund for state sales and use tax paid on tangible personal property used in Colorado directly and predominately in research and development of medical technology or clean technology. For this purpose, the definition for “clean technology” is expanded.
The Chamber supports HB15–1180 because it provides tax incentives for investments in a key industry cluster and brings clean technology incentives in line with other industries in Colorado.
SB15-101 Electronic Wage Payment
Sen. David Balmer (R-Centennial) and Rep. Dan Pabon (D-Denver)
Summary: The bill allows employers, at their discretion, to pay wages by electronic credit transfer to an employee’s account in a financial institution or to deposit wages on a paycard.
The Chamber supports SB15–101 because the bill adds an efficient option for employers to pay their employees.
SB15-135 Public Bodies & Urban Renewal
Sen. Beth Martinez Humenik (R-Wheat Ridge)
Summary: The bill makes modifications to the “Urban Renewal Law,” including increasing the maximum number of allowable commissioners on an urban renewal authority from 11 to 13. The bill also requires all money remaining in the fund that has not previously been rebated be repaid proportionally to each taxing body, other than the municipality. Additionally, the bill allows a commissioner of the authority to be appointed by the board of county commissioners where the governing body of the municipality is the authority.
The Chamber supports SB15–135 because it makes changes and incorporates provisions the governor included in his veto statement on HB14-1375 last year by providing a voice for counties in the urban renewal process. The Chamber sees the strong value of urban renewal and tax-increment financing as tools for revitalizing, reenergizing and redeveloping our communities and encouraging economic development.
SB15-137 PACE Program Flexibility For Business Entity
Sen. David Balmer (R-Centennial) and Rep. Brian DelGrosso (R-Loveland)
Summary: Under current law, only nonprofit organizations are authorized to offer the program of all-inclusive care for the elderly (PACE program). If permitted by federal law, this bill authorizes public, private and for-profit entities, in addition to nonprofit entities, to provide the PACE program.
The Chamber supports SB15–137 because it would expand consumer options and be more focused on outcomes instead of corporate structure.
SB15-141 Income Tax Credit For Prop Taxes Paid Eligibility
Sen. Mark Scheffel (R-Parker) and Rep. Dan Thurlow (R-Grand Junction)
Summary: For five income tax years beginning in 2015, there is an income tax credit to reimburse qualifying taxpayers for personal property taxes paid in Colorado. This bill increases the property cap for 2015 from $15,000 to $25,000, and the property cap for the next four income tax years will grow by inflation from this amount.
The Chamber supports SB15–141 because the bill reduces the tax burden on small business from personal property tax and reduces emphasis of this tax as a revenue source.
HB15-1158 Sales & Use Tax Refund For Data Centers
Rep. Brian DelGrosso (R-Loveland) and Sen. Chris Holbert (R-Parker)
Summary: This bill provides a refund to the owner, operator or tenant of a facility that is a qualified data center for state sales or use tax paid on information technology equipment (IT equipment) that is used and maintained for at least one year. The refund also applies to replacement or upgraded IT equipment, as well as equipment that is relocated to the state. The bill includes the criteria for a facility to be a qualified data center.
The Chamber supports HB15–1158 because the bill promotes investment and re-investment in advanced technology by companies in Colorado and supports economic development in this key industry cluster.
HB15-1141 Hospital Provider Fee Patient Billing Statements
Rep. Janak Joshi (R-Colorado Springs) and Sen. Tim Neville (R-Littleton)
Summary: The bill removes the statutory prohibition on hospitals from including the amount of the hospital provider fee on patient billing statements and requires hospitals to include the amount of the fee.
The Chamber opposes HB15–1141 because inclusion of this information is misleading to patients, making it appear that the hospital provider fee is being passed onto the consumer, when in fact it is not. In addition, this bill will increase administrative costs to hospitals and insurance providers for billing system changes.
SB15-123 Patient Choose Pharmacy To Fill Prescriptions
Sen. Larry Crowder (R-Alamosa) and Rep. Dianne Primavera (D-Broomfield)
Summary: Pharmacy benefit management firms (PBMs) that administer prescription drug benefits and carriers may currently require a person who is eligible for prescription drug benefits to fill a prescription through either a mail-order pharmacy or another pharmacy specifically designated by the PBM or carrier. This bill would allow a covered person to fill the prescription at a pharmacy of his or her choice if the PBM or carrier is properly notified.
The Chamber opposes SB15–123 because prescription drugs are a large health care cost driver and the Chamber supports contracts and prescription networks to control the rate of growth of health care costs.
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]