Bill Positions

SB21-039 | Elimination Of Subminimum Wage Employment

Arvada Chamber Position: Support

The bill phases out subminimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes the employers to pay less than the minimum wage to employees whose earning capacity is impaired by age, physical or mental disability, or injury. The bill requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out subminimum wage employment. We support this bill as it offers payroll fairness and we are in support of equal compensation for equal work.

SB21-070 | County Authority To Register Businesses

Arvada Chamber Position: Oppose

The bill authorizes a board of county commissioners to require the registration of businesses in the unincorporated portions of the county. We oppose this bill unless amended to allow the collection of info instead of a requirement.

SB21-091 | Credit Transaction Charge Limitations

Arvada Chamber Position: Support

Under current law, a seller, lessor, or company issuing a credit or charge card is prohibited from imposing a surcharge against a person who elects to pay for a sales or lease transaction by using a credit or charge card. The bill: repeals the prohibition; and limits the maximum surcharge amount per transaction to 2% of the total cost to the buyer for the sales or lease transaction.

We support this bill with an amendment to remove or increase the 2% limit.

SB21-130 | Local Authority for Business Personal Property Tax Exemption

Arvada Chamber Position: Support

The bill allows counties, municipalities, and special districts to exempt up to 100% of business personal property from the levy and collection of property taxation for the 2021 property tax year. We support this bill as it offers COVID-19 relief and potentially saves businesses money during a difficult year.

SB21-176 | Protecting Opportunities And Workers’ Rights Act

Arvada Chamber Position: Oppose

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado’s anti-discrimination laws, the bill allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred and allows an individual to file a civil action. The claim can be brought without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual’s employer and allows the employer 14 days to respond. We oppose this bill as it lowers the bar for a lawsuit and potentially drives litigation and additional costs for businesses.

SB21-197 | Workers’ Compensation Physician

Arvada Chamber Position: Oppose

The bill provides injured workers control over the selection of the primary treating physician in workers’ compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers’ compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician. We oppose this bill because it allows employee unlimited options to doctor shop, which adds costs to the system. We feel this is addressing an issue that’s not a problem.

SB21-233 | Colorado Department Of Labor And Employment Unemployment Insurance Division Enterprise

Arvada Chamber Position: Oppose

The bill establishes the left-behind workers program (program) in the division of unemployment insurance (division) in the department of labor and employment (department) for the purpose of providing unemployment assistance relief payments to eligible individuals who are unemployed through no fault of their own, who meet specified criteria, and who are ineligible for regular unemployment benefits due to their immigration status. The bill requires the department to contract with a third-party administrator to administer the program. The third-party administrator must provide outreach to unemployed individuals who may be eligible to receive unemployment assistance relief payments, screen applicants for eligibility, and make payments to eligible individuals.

We oppose this bill because it increases the premium paid by employers. Fewer jobs may be available if funds are used for the premium instead of salary.

SB21-262 | Special District Transparency

Arvada Chamber Position: Support

The bill makes various changes to statutory provisions to promote transparency for special districts. Specifically, under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Section 1 of the bill eliminates the requirement that notice be made exclusively by publication and allows the notice to be made by any 2 of 5 means, including publication, specified in the bill.

We support this bill as it promotes transparency and accountability in our community.

HB21-1050  | Workers’ Compensation

Arvada Chamber Position: Support

This bill adds guardian ad litem and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease. We support this bill as it is a bipartisan procedural bill that makes the “Workers Compensation Act of Colorado” function better.

HB21-1093 | Remedies In Class Actions Consumer Protection Act

Arvada Chamber Position: Oppose

The bill states that in a class action under the “Colorado Consumer Protection Act”, a successful plaintiff may recover actual damages, injunctive relief allowed by law, and reasonable attorney fees and costs. We believe this bill increases the risk to businesses, especially the injunctive relief provision.

HB21-1124 | Expand Ability Conduct Business Electronically

Arvada Chamber Position: Support

The bill facilitates business entities’ ability to conduct business activities electronically by:

• Defining terms, including address, delivery, document, e-mail, electronic transmission, notice, and sign, that relate to electronic communications;
• Specifying how notice may be given by electronic transmission; and
• Establishing requirements for remote participation in shareholders’ and directors’ meetings.

We support this bill as it allows businesses and others to use current technology for meetings.

HB21-1162 | Management of Plastic Products

Arvada Chamber Position: Oppose

Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. Section 1 repeals the prohibition on July 1, 2023. Section 2 prohibits stores and retail food establishments, on and after September 1, 2022, from providing single-use plastic carryout bags to customers. The prohibition does not apply to inventory purchased before September 1, 2022, and used on or before March 31, 2023, which may be supplied to a customer at the point of sale for a 10-cent fee. We oppose this bill as we believe this adds unnecessary mandates to businesses.

HB21-1188 | Additional Liability Under Respondeat Superior

Arvada Chamber Position: Oppose

A recent Colorado supreme court case held that in a civil action when an employer admits liability for the tortious actions of its employee, the plaintiff cannot assert direct negligence claims against the employer arising out of the same incident. The bill allows a plaintiff to bring such claims against an employer or against a principle that admits liability for the actions of its agent. We oppose this bill as it expands litigation costs and other punitive damages against business entities.

HB21-1239 | Protections In Consumer Sales Transactions

Arvada Chamber Position: Oppose

Each contract for a dating, matrimonial, or personal referral service (social referral service) must provide that the buyer may cancel the contract by providing written notice to the seller within 3 business days after the date upon which the buyer receives a copy of the written contract or the date upon which the social referral service is made available to the buyer, whichever is later. A seller of a social referral service must disclose to buyers certain information regarding the buyers’ right to cancel the service. A seller that receives a timely notice of cancellation from a buyer must refund to the buyer all money paid by the buyer pursuant to the contract within 10 business days after receiving the notice of cancellation. We oppose this bill as we believe it establishes a dangerous precedent.

HB21-1286 | Energy Performance For Buildings

Arvada Chamber Position: Oppose

This bill requires owners of certain large buildings (covered buildings), on an annual basis, to collect and report to the Colorado energy office (office) the covered building’s energy use. The bill establishes a process requiring certain electric and gas utilities to provide energy-use data to a covered building owner when requested by the covered building owner. We oppose this bill because commercial real estate has already taken such a hit; this additional reporting would just increase the problem with the potential for big fines.

HB21-1311 | Income Tax

Arvada Chamber Position: Oppose

The bill modifies how taxable income is determined for individuals for purposes of the state income tax. Specifically, it:

• Imposes a cap for taxpayers with adjusted gross incomes equal to or exceeding $400,000 on certain itemized deductions claimed under the internal revenue code;
• Repeals, for social security income that is included in federal taxable income only, the cap on the deduction for pension and annuity income received;
• Adds a cap, per taxpayer per beneficiary, on the deduction for contributions made to 529 plans;
• Requires individual taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year; and
• Extends the limit on the federal deduction allowed under section 199A of the internal revenue code.

We oppose this bill unless amended to: Remove restrictions on contributions to 529; Include business expenses (meals + events); and remove retroactive tax on capital gains.

HB21-1312 | Insurance Premium Property Sales Severence

Arvada Chamber Position: Support

The bill makes changes to several state and local government taxes.

Insurance premium tax. Currently, the insurance premium tax is equal to 2% of premiums collected or contracted for covering property or risks in this state; except that a company that is deemed to maintain a home office or regional home office in this state pays tax of 1%. Section 2 of the bill requires a company to have at least 2.5% of its total domestic workforce in the state in order for the company to be deemed to maintain a home office or regional home office.

Property tax. For purposes of imposing the property tax, section 4 requires the actual value of real property to reflect the value of the fee simple estate. Section 5 requires that the actual value of personal property be determined based on the property’s value in use, which will be defined by the property tax administrator.

Sales and use tax. The state sales and use tax is imposed on the sale and use of tangible personal property. Section 7 codifies the department of revenue rule that the definition of “tangible personal property” includes “digital goods”. Section 8 specifies that the state sales tax applies to amounts charged for mainframe computer access, photocopying, and packing and crating.

We support this bill as the removal of the business personal property tax will support the majority of Arvada Chamber members and small businesses.

HR 842 | Protecting the Right to Organize Act of 2021

Arvada Chamber Position: Oppose

This bill expands various labor protections related to employees’ rights to organize and collectively bargain in the workplace.

Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.

We oppose this bill due to the implications this legislation would have on local employees and Colorado’s hard-fought Labor Peace Act. The Labor Peace Act was established in the 1940s and represents the only compromise of its kind in the country. It ensures employees who seek union representation can organize while also giving fellow employees a voice with regard to paying union dues. Our state is unique among its peers and a one-size-fits-all federal approach would destabilize Colorado’s workplaces and create uncertainty for businesses and workers alike. Employers and employees have a vested interest in protecting our bespoke agreement from state and federal legislation that seeks to upend it.

Another major concern is the reduction of flexibility and autonomy for independent contractors and gig workers. Recent polling shows 77% of Colorado’s app-based workers prefer to keep their current independent contractor status over becoming an employee. The PRO Act limits flexible work arrangements and earning opportunities, stripping away the very aspects of independent work that create opportunity. Further, language included from California’s “ABC” test increases the risk of misclassifying employees and independent contractors, which would severely undermine the freelance, entrepreneurial economy that thrives in Colorado.

SB21-080 |  Protections For Entities During COVID-19

Arvada Chamber Position: Support

The bill states an entity is not liable for any damages that result from exposure, loss, damage, injury, or death arising out of COVID-19 unless:

• A claimant proves by clear and convincing evidence that the exposure, loss, damage, injury, or death was caused by the entity’s failure to comply with public health guidelines; or
• The exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the entity.

SB21-241 |  Small Business Accelerated Growth Program

Arvada Chamber Position: Support

The bill creates the small business accelerated growth program (program) administered by the Colorado office of economic development (office). The program provides business development support to small businesses with 19 or fewer employees. The office is required to develop a marketing initiative for the program in coordination with the minority business office, the small business development center, and local and regional economic development entities to promote the program. The businesses selected to participate in the program have one year to use the business development support offered by the program, and $1,350,000 in grants from the Colorado startup loan fund are for participants demonstrating need and success under the program.

SB21-232 | Displaced Workers Grant

Arvada Chamber Position: Support

The bill appropriates money to the department of higher education for the Colorado opportunity scholarship initiative’s displaced workers grant. We support this bill as it gives $15m to existing state scholarship program. Could cover someone who lost their job because of COVID and help them get degrees or upskill in trade.

HB21-1074 | Immunity For Entities During COVID-19

Arvada Chamber Position: Support

The bill establishes immunity from civil liability for entities for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the entity attempts in good faith to comply with applicable public health guidelines.

We believe this will help some businesses that are not currently opening for fear of liability.

HB21-1191 | Prohibit Discrimination COVID-19 Vaccine Status

Arvada Chamber Position: Oppose

The bill prohibits an employer, including a licensed health facility, from taking adverse action against an employee or an applicant for employment based on the employee’s or applicant’s COVID-19 immunization status. The bill allows an aggrieved employee or applicant for employment to file a civil action for injunctive, affirmative, and equitable relief and, if the employer or health facility acted with malice or wanton or willful misconduct or has repeatedly violated the law, the court may also award punitive damages and attorney fees and costs.

We oppose this bill as some people cannot medically have the vaccine but this is already covered by federal law, ADA, etc. In favor of not discriminating, but not being subject to lawsuits and other based on beliefs in their own private business.

HB21-1263 | Meeting and Events Incentive Program

Arvada Chamber Position: Support

The bill creates the Colorado meeting and events incentive program (program) in the Colorado tourism office (office) to provide rebates and direct support to eligible events in Colorado to assist in the state’s recovery from the COVID-19 pandemic. We support this bill as it stimulates the economy. Not many limitations on “who” can apply.

HB21-1265 | Qualified Retailer Retain Sales Tax for Assistance

Arvada Chamber Position: Support

The bill continues for June 2021, July 2021, and August 2021 a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, and the mobile food services industry in the state in order to allow such qualified retailers to retain the resulting sales tax collected as assistance for lost revenue as a result of the economic disruptions due to the presence of coronavirus disease 2019 (COVID-19) in Colorado. We support this bill as it supports restaurants and small businesses.

SB21-063 | Multiple Employer Welfare Arrangements Offer Insurance

Arvada Chamber Position: Support

Current law allows an existing association consisting of multiple employers, referred to as a “multiple employer welfare arrangement” (MEWA) to offer health care benefits to the association’s members only if, among other requirements, the MEWA has been in existence continuously since at least January 1, 1983. The bill changes that date to January 1, 2010. We support this bill as it cleans up dates of inclusion and may benefit co-op healthcare groups like the Chamber’s AHA program.

SB21-085 | Actuarial Review Health Insurance Mandate Legislation

Arvada Chamber Position: Support

The bill requires the division of insurance (division) to retain a contractor on or before November 1, 2021, for the purpose of performing actuarial reviews of proposed legislation that may impose a new health benefit mandate on health benefit plans. In other words, it would allow for the reviewing of bills coming in to see if we have appropriate funding for those programs/other bills. This will be very important later in the session for other big bills

SB21-123 Expand Canadian Rx Import Program

Arvada Chamber Position: Support

In 2019, the Colorado general assembly enacted, and the governor subsequently signed into law, the Canadian prescription drug importation program (program) in the department of health care policy and financing (department). The bill states that the department may expand the program to allow a manufacturer, wholesale distributor, or pharmacy from a nation other than Canada to export prescription drugs into the state under the program if certain conditions are met. We believe this bill provides access to more affordable prescriptions for community members.

SB21-175 Prescription Drug Affordability Board

Arvada Chamber Position: Oppose

The bill creates the Colorado prescription drug affordability review board (board) as an independent unit of state government and requires the board to perform affordability reviews of prescription drugs and establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes. We oppose this bill as it’s a government price-fixing bill, meaning it could restrict access to life-saving drugs and opens the door to drug pricing that values some lives over others.

HB21-1012 | Expand Prescription Drug Monitoring Program

Arvada Chamber Position: Oppose

This bill expands the prescription drug monitoring program to track information regarding all prescription drugs prescribed in Colorado. We oppose this bill as it doesn’t change opioid monitoring, just expanding.

SB21-077 | Remove Lawful Presence Verification Credentialing

Arvada Chamber Position: Support

The bill eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license. We support this bill as it aims to loosen state documentation requirements. Marginal impact associated with this bill.

SB21-106 | Concerning Successful High School Transitions

Arvada Chamber Position: Support

The bill amends the high school innovative learning pilot program (ILOP) that authorized school districts, district charter schools, and institute charter schools (local education providers) to count as full-time students high school students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full-time enrollment. The bill allows a school of a school district to participate in an ILOP with a district or independently and requires all applicants to demonstrate how their innovative learning plan disproportionately benefits underserved students. We support this bill as it provides a fast track for kids to graduate early and funds post-graduate skill training.

SB21-119 | Increasing Access To High-Quality Credentials

Arvada Chamber Position: Support

The career development success program provides financial incentives for participating school districts and participating charter schools to encourage pupils enrolled in grades 9 through 12 to enroll in and successfully complete qualified industry-credential programs; qualified internship, residency, or construction industry pre-apprenticeship or apprenticeship programs; and qualified advanced placement courses (programs and courses). The bill amends the list of qualified programs by removing residency programs and expanding pre-apprenticeship and apprenticeship programs to include any industry program, not just construction industry programs.

The bill expands the definition of a qualified industry-credential program to include a career and technical education program that, upon completion, results in an industry-recognized credential with labor market value aligned with a high-skill, high-wage, in-demand job. We support this bill as it offers consultation with relevant industries to provide skill training. We also value that the bill focuses on credentialing vs a collegiate workforce path.

SB21-202 | Public School Air Quality Improvement Grants

Arvada Chamber Position: Support

The bill transfers $10 million from the general fund to the public school capital construction assistance fund (assistance fund) for the purpose of providing “Building Excellent Schools Today Act” (BEST) grants to fund public school air quality improvement projects. The public school capital construction assistance board (board) is authorized to make the grants and is required to prioritize grant awards based on grant applicants’ existing calculated local match requirements for BEST grants, with applicants with the lowest matching money requirements having the highest priority and applicants with the highest matching money requirements having the lowest priority.

We support this bill as it provides schools with grants to improve air quality. Doesn’t necessarily have a direct business impact.

SB21-232 | COSI Displaced Workers

Arvada Chamber Position: Support

The bill appropriates money to the department of higher education for the Colorado opportunity scholarship initiative’s displaced workers grant. We support this bill as it offers $15m in COVID-19 relief for re-education. The only downside is it may not support all existing training programs.

HB21-1007 | State Apprenticeship Agency

Arvada Chamber Position: Oppose

The bill creates the state apprenticeship agency (SAA) in the department of labor and employment (department) as a type 1 agency. The executive director of the department is required to appoint a director of the SAA (director). The purpose of the SAA is to:

• Serve as the primary point of contact with the United States department of labor’s office of apprenticeship concerning apprentices and registered apprenticeship programs; and
• Oversee apprenticeship programs, including registration, required standards for registration, quality assurance, the promotion of apprenticeships, and the provision of technical assistance.

We are opposed to this bill as it creates a new agency for state oversight.

HB21-1065 | Veterans’ Hiring Preference

Arvada Chamber Position: Support

The bill creates a statutory basis to allow a private employer to give preference to a veteran of the armed forces or the National Guard and the spouse of a disabled veteran or a service member killed in the line of duty when hiring a new employee, as long as the veteran or the spouse is as qualified as other applicants for employment. The bill allows a private employer’s veterans’ preference employment policy to also include the preferential hiring of veterans who have been discharged from active duty within the last 10 years, as determined by the discharge date. The bill clarifies that a private employer that adopts a program that gives preferences to veterans or their spouses is not committing a discriminatory or unfair labor practice.

We support this bill as it benefits military spouses, an addition to an existing practice, and decreases liability to workers.

HB21-1264 | Funds Workforce Development Increase Worker Skills

Arvada Chamber Position: Support

The bill creates the stimulus investments in reskilling, upskilling, and next-skilling workers program (program) as an initiative of the state workforce development council (state council) to facilitate training for unemployed and underemployed workers in the state during times of substantial unemployment, defined as an unemployment rate that exceeds 4% statewide or within a workforce development area. The bill appropriates $25 million for the program and directs the state council to use the money to support individuals in need of upskilling, reskilling, and next-skilling.

We support this bill as it gives funding to traditionally underfunded program (workforce development council) and centers in our communities that Chambers are often affiliated with. Also allows funds for trade associations. We support putting money into the workforce development system.

SB21-260 |  Sustainability of the Transportation System

Arvada Chamber Position: Support

The bill creates new sources of dedicated funding and new state enterprises to enable the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system by preserving, improving, and expanding existing transportation infrastructure, developing the modern infrastructure needed to support the widespread adoption of electric motor vehicles, and mitigating adverse environmental and health impacts of transportation system.

We support this bill as transportation is a big issue for our businesses. Fees in the bill are evenly disbursed; no one stream is getting overburdened. By not addressing transportation, we’re adding problems elsewhere. This is the clearest funding mechanism we’ve had in the last 10-15 years.