Colorado Bills

The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school. The bill reduces an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In an existing provision that authorizes resellers of electricity and natural gas to provide motor vehicle charging or fueling stations as unregulated services, the bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery. The bill allows a utility to apply to build facilities to support alternative fuel vehicles. Standards are set for approval. When a facility is built, the rate and charges for the services: May allow a return on any investment made by an electric public utility at the weighted average cost of capital at the electric public utility's most recent rate of return on equity approved by the public utilities commission (commission); May allow a return on any investment made by a natural gas public utility at the utility's weighted average cost of capital at the public utility's most recent rate of return on equity approved by the commission; and Must be recovered from all customers of an electric or natural gas public utility in a manner that is similar to the recovery of distribution system investments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

An electioneering communication is certain communication that unambiguously refers to a candidate that is disseminated to the public within 30 days before a primary election or within 60 days before a general election. For purposes of campaign finance disclosure, sections 1 and 2 of the bill expand the definition of this term in the 'Fair Campaign Practices Act' to include any communication that satisfies all other requirements of the definition of the term specified in the state constitution but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires each principal department to review all of its rules, in accordance with a schedule established by the department of regulatory agencies (DORA), to assess, among other things, the continuing need and cost-effectiveness of each rule. The bill repeals the DORA schedule-setting and instead requires each department to complete or have completed, by November 1, 2018, an initial comprehensive internal rule review. Commencing in 2021, the bill imposes a triennial schedule for such reviews to be conducted. The bill further specifies that the public and certain state agencies must be accorded no fewer than 14 business days to provide input regarding an agency's rules during its review, and that any input received must be attached to the report setting forth the results of the rule reviews included in each agency's departmental regulatory agenda. Additionally, the bill encourages each principal department to undertake an annual review of rules to ensure that the rules conform to any federal or state laws enacted, or any federal or state rules promulgated, within the previous year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill directs the transportation legislation review committee (TLRC) to conduct a hearing during the 2017 interim on the potential economic benefits and costs of energy storage systems (e.g., batteries, heat sinks, pumped storage hydroelectric systems) that an electric utility may incorporate into its electric resource acquisition plans. The hearing must take place on or before December 1, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan. The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to: Establish investment options that offer employees returns on contributions without incurring debt or liabilities to the state; Establish the process for allocating investment earnings and losses to individual plan accounts on a pro rata basis; Make and enter into contracts and hire staff as necessary for the administration of the plan; Conduct a periodic review of the performance of any investment vendors; Cause money in the Colorado secure savings plan fund (fund) to be invested with the intent to achieve cost savings through efficiencies and economies of scale; Establish the process for an enrollee to contribute a portion of his or her wages to the plan for automatic deposit and establish the process by which the participating employer forwards those contributions to the plan; Establish the process for enrollment in the plan including the process by which an employee can opt not to participate in the plan; Accept gifts, grants, and donations from specified entities and pursue options for bank loans or a line of credit to cover the start-up costs of the plan; Procure, as needed, insurance against loss in connection with the property, assets, or activities of the plan; Allocate administrative fees to individual retirement accounts in the plan on a pro rata basis; Set minimum and maximum contribution levels; Facilitate education and outreach to employers and employees; Ensure that the plan complies with all applicable state and federal laws; Deposit all gifts, grants, donations, fees, and earnings from investment of moneys in the fund into the fund and pay the administrative costs and expenses for the creation, management, and operation of the plan from moneys in the fund; Determine any nominal and reasonable assistance that may be provided to businesses to offset the initial costs of enrolling employees in the plan and complying with audits and plan implementation; Prepare or cause to be prepared certain annual audits and annual reports regarding the plan; Develop a process to ensure that employers are in compliance with the requirements of the plan and develop a penalty structure for employers who fail, without reasonable cause, to enroll employees in the plan; Conduct or cause to be conducted a financial feasibility study to ensure that the plan will be self-sustaining; and Conduct an analysis of relevant consumer protections available under federal law and make recommendations to the general assembly regarding additional necessary consumer protections that should be included in legislation implementing the plan. The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create. The bill creates the fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of money in the fund for the administrative expenses of the plan. The money in the fund is not property of the state and cannot be commingled with state money. The board must design and disseminate employer and employee information packets regarding the plan and the options for employee participation in the plan to all employers that participate in the plan. If, based on the required financial feasibility study, the board determines that the plan will be self-sustaining and would promote greater retirement savings for private-sector employees, the board must recommend to the general assembly that the plan be implemented. The board may not implement the plan unless the general assembly, acting by bill, directs the board to implement the plan. The bill dictates the timing for the board to implement the plan, if directed to do so by the general assembly, and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers must automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board. The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires a retailer to indicate the country of origin for beef sold to the public. (Note: This summary applies to this bill as introduced.)

The bill allows persons who were convicted of criminal offenses for the use, cultivation, or possession of marijuana to petition for the sealing of criminal records relating to such convictions if their behavior would not have been illegal if it had occurred on or after December 10, 2012. (Note: This summary applies to this bill as introduced.)

Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows: $375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and Of the remaining new sales and use tax revenue: 70% to counties and municipalities in equal total amounts; and 30% to a multimodal transportation options fund created in section 22. If the voters approve the ballot question: Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund. Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid; The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality; Section 10 repeals an existing late vehicle registration fee. Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018. Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways; Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account; Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money. Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology; Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20; Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced. Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires that each plumbing project include a contemporaneous review to ensure compliance with licensure and inspection and apprentice requirements. Each incorporated town or city, county, city and county, or qualified state institution of higher education conducting inspections is required to develop standard procedures to advise its inspectors how to conduct a contemporaneous review and to post its current procedures on its website. (Note: This summary applies to this bill as introduced.)