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Investor Alert

On the conference call held Tuesday, January 26, C3 took positions on and discussed the following bill:


HB16-1109- (Becker J. - R | Sonnenberg - R) Application of State Water Law to Federal Agencies

The bill specifies that the USFS and the BLM shall establish water rights under Colorado water law and prohibits the state from enforcing any federal effort that requires transfer of ownership in a water to a those federal agencies.

C3 Position: SUPPORT

Rationale: With the myriad of economic uses of water on contractually controlled federal land it is vital that Colorado businesses are not held hostage in their federal negotiations and this bill helps strengthen our businesses position in these negotiations, protect property rights, and Colorado water law.

HB16-1114 - (DelGrosso - R/Ulibarri - D) – Repeal Duplicate Reporting Standards

SB16-076 – (Ulibarri - D/DelGrosso - R) -- Repeal Employment Verification Law

Both bills are identical and repeal Colorado’s Employment Verification Standards, which require filing the CDLE’s Affirmation of Legal Work Status form for each employee and the retention and production of each employee’s federal I-9 form, subject to penalties of up to $25,000. The state paperwork is duplicative since the I-9 pretty much does the job.

C3 Position: SUPPORT

Rationale: C3 supports the repeal of this law that was put in place during the special session of 2006 as this reduces administrative work around employment verification.

HB16-1138 - (Brown - R) General Fund Transfers for State Infrastructure

Under SB09-228, the 5 years of roughly $200 million of General Fund transfers to transportation funding can be halved or eliminated if state revenues hit the TABOR cap. This bill would tack on additional years of funding to the original years for each year in which SB228 transfers are cut or eliminated.

C3 Position: SUPPORT

Rationale: C3 supports general fund transfer going back to CDOT as proposed by SB09-228. This bill also serves as a “plan B” in case transportation funding is otherwise hampered by the TABOR refunds.

HB16-1139- (Willett -R & Ardnt -D) Allow Electronic Committee Participation During Interim

This bill simply allows the executive committee of the legislative council to allow members of the general assembly to participate in interim committees electronically. In our efforts to ensure rural Colorado is heard in the legislative process we see this bill as a logical tool to allow our rural legislative partners easier and more economical access to the legislative interim committee process.

C3 Position: SUPPORT

Rationale: C3 supports this as it allows for rural legislators to more easily and economically engage in the legislative process during the interim by using the technology set up to allow remote testimony.

SB16-046 - (Cooke - R) Concerning Responding To Rules of the EPA Regulating Carbon Emissions

This bill would provide a process of review and approval by joint resolution by the General Assembly of the state plan for responding to rules of the federal EPA regulating carbon emissions. Much the same proposal failed in House Committee last year.

C3 Position: SUPPORT

Rationale: C3 believes that the process by which the state creates a plan that complies with the EPA’s Clean Power rules must include meaningful input from the industry stakeholders as well as large consumers who ultimately will be impacted by the subsequent implementation of such plan.

SB16-054 (Merrifield - D) Concerning the Repeal of the Prohibition Against Local Governments Enacting Minimum Wage Laws

This bill would permit local governments to set their own minimum wages.

C3 Position: OPPOSE

Rationale: Allowing local governments to set their own minimum wage would first be unconstitutional as this is a provision in our constitution. Also, allowing local governments to set their own minimum wage would have adverse impacts to employers, most notably if they are operating in multiple local governments with differing minimum wages or competing against other businesses that allow a different minimum wage.

HB16-1071 - (Windholdz - R) - County Initiative Powers

C3 Position: OPPOSE

Rationale: The ballot initiative process has been problematic for many of Colorado’s industries as every year as they face multiple initiatives going through the process. While ultimately the vast majority never make it to the ballot, it still takes time and resources to fight them during the process and an enormous amount of money to fight them if they make the ballot. This bill would extend the initiative process to the county level which would only exacerbate the problem we now face.


HB16-1087- (J Becker - R) Concerning Increase to the Vendor Fee for Collecting State Sales Tax

HB16-1095 (McCann -D| Crowder -R) Concerning Health Insurance Coverage for Early Refills of Prescription Eye Drops

HB16-1142 - (Buck - R | Crowder - R) Concerning the Enactment of a Credit Against the Colorado Income Tax for Rural Primary Care Preceptors

HB16-1136 - (Esgar - D| Garcia -D) Multiple Crew Members Required for Freight Trains

HB16-1148 - (Sias - R | Roberts - R) Health Benefit Exchange Rules and Policies

SB16-050 – (Neville, T. - R | Saine- R) – Retailer Hold Harmless for Assigned Location Code

SB16-056 – (Lambert - R) – Enhanced Whistleblower Protections

SB16-059 – (Ulibarri - D) – Authority of Local Governments to Promote Affordable Housing

SB16-058- (Hill - R) Colorado Farm to Consumer Sales

SB16-061 - (Cooke - R) Ratepayer Protection Carbon Dioxide Increased Cost

SB16-067 - (Scheffel - R | Williams - D) Exemption of Personal Property Used to Provide Broadband Service

For a complete quick sheet with the bills C3 is following click here, also here is the full excel tracking sheet that has more details.

The next Investors conference call will be February 2nd, 2016 from 12:00 - 12:30pm.

If you have any questions, please do not hesitate to contact me.

Best regards,

Nicholas Colglazier
Colorado Competitive Council


Anheuser Busch Companies
American Insurance Association
Anadarko Petroleum
Anthem Blue Cross & Blue Shield
Associated General Contractors of Colorado Brownstein Hyatt Farber Schreck, L.L.C.
Chevron USA, Incorporated
Colorado Association of Mechanical & Plumbing Contractors
Colorado Bankers Association
Colorado Contractors Association
Colorado Dairy Farmers
Colorado Farm Bureau
Colorado Realtors
Comcast Cable Communications, Inc. ConocoPhillips
Delta Dental of Colorado
Denver Metro Chamber of Commerce
Denver Water

Encana Corporation

Exxon Mobil Corporation & XTO Energy
Glaxo Smith Kline
Kaiser Permanente
Lockheed Martin Space Systems
New West Physicians
Pinnacol Assurance
Pioneer Natural Resources USA, Inc.
Rocky Mountain Health Plans
Snell & Wilmer L.L.P
State Farm
Tri-State Generation & Transmission
Union Pacific Rail Road
UnitedHealth Group
Vail Resorts
Xcel Energy
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