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Arvada Chamber Position: Neutral

This bill allows an employee to use accrued paid sick leave when the employee needs to:

• Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member’s school or place of care; or
• Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member.

Rationale: We will defer to the sponsors and legislative creators of the FAMLI program to offer these technical changes to their policy.

CLICK TO READ BILL

Arvada Chamber Position: Support

The bill requires a person who solicits a fee for filing a document with, or retrieving a public record from, the secretary of state to include specific disclosure language in the solicitation. The person must also include information on where the document can be filed directly with the secretary of state, or where the public record can be retrieved, and the name and physical address of the person who is soliciting. The bill also prohibits the use of any form, deadline dates, or other language that makes the document used for solicitation appear to be issued by a state agency or local government or that appears to impose a legal duty on the individual being solicited. Violation of these requirements is an unfair or deceptive trade practice.

Rationale: This bill addresses the constant problem of solicitations representing the Colorado SOS office with respect to business filings. These deceptive practices that overcharge for state filing fees by outside entities must end and this bill will end that practice.

CLICK TO READ BILL

Arvada Chamber Position: Neutral

Current law specifies that a covered individual’s weekly paid family and medical leave benefit is determined based on the individual’s average weekly wage earned during the covered individual’s base period or alternative base period from the job or jobs from which the covered individual is taking paid family and medical leave, which excludes from the calculation recent wages from previous jobs. The bill eliminates the limit on calculating the benefit based on the average weekly wage earned only from the job or jobs from which the individual is taking paid family and medical leave.

Rationale: The Arvada Chamber’s position is neutral on this bill as it relates to continued technical changes to FAMLI legislation by sponsors.

CLICK TO READ BILL

Arvada Chamber Position: Support

Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The bill changes these authorizations to requirements.

Additionally, the bill requires the director to:

• Investigate complaints or other leads concerning wage inequity;
• Upon finding of a violation, order compliance and relief; and
• Promulgate rules to enforce the bill.

The bill also requires an employer to:

• For each job opportunity or promotional opportunity where the employer is considering more than one candidate, follow specific guidelines for posting the opportunity;
• For all job opportunities and promotional opportunities, provide specific information to employees regarding the candidate selected for the opportunity; and
• For all objectively defined career progressions, disclose the requirements for career progression and the terms of compensation, benefits, status, duties, and access to further advancement.

Rationale: An amendment to the Equal Pay for Equal Work Act of 2019, this bill makes needed improvements to the legislation by clarifying requirements around job postings and posting salary requirements.

CLICK TO READ BILL

Arvada Chamber Position: Support

Currently, the state and several state enterprises impose fees on retail sales of taxable tangible personal property delivered by motor vehicle to a location in the state. These fees are collectively known as the retail delivery fee (RDF), and a retailer who makes a retail delivery is required to add the RDF to the price of the retail delivery, collect it from the purchaser, and pay the RDF revenue to the department of revenue (department), which distributes the revenue to the appropriate cash funds.

The department generally administers the RDF in the same manner as the state sales and use tax. The bill modifies this administration by permitting a retailer to pay the RDF on behalf of the purchaser. If the retailer elects to pay the RDF, then the retailer is:

Not required to add the RDF to the price of the retail delivery, separately itemize the RDF, or collect the RDF from the purchaser, who is not liable for the amount nor eligible for a refund of an erroneously paid RDF; and

Required to remit the RDF on the date that would be required if the RDF had been received from the purchaser on the date of the retail delivery.

Rationale:  This bill clears up the process to apply the 27-cent retail delivery fee and helps small businesses by making it optional to itemize the fee or not to consumers. The Chamber supports any efforts to streamline or make current processes to collect this fee easier for small businesses and therefore recommends a position of support.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado’s anti-discrimination laws, the bill enacts the “Protecting Opportunities and Workers’ Rights (POWR) Act”, which:

Directs the Colorado civil rights division (division) to include “harassment” as a basis or description of discrimination on any charge form or charge intake mechanism;
Adds a new definition of “harass” or “harassment” and repeals the current definition of “harass” that requires creation of a hostile work environment;
Adds protections from discriminatory or unfair employment practices for individuals based on their “marital status”;
Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;

For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual’s disability has a significant impact on the job as a rationale for the employment practice;

Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action;

Specifies the requirements for an employer to assert an affirmative defense to an employee’s proven claim of unlawful harassment by a supervisor; and Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable.
(Note: This summary applies to this bill as introduced.)

Rationale: While good-faith conversations continue at the capitol for needed amendments on this bill to place the lightest touch possible on businesses, the current draft as introduced needs more work especially in the areas of defining severe or pervasive claims, and non-disclosure agreements, among other sticking points.

CLICK TO READ BILL

Arvada Chamber Position: Support

Concerning the use of tax increment financing by downtown development authorities, and, in connection therewith, creating automatic extensions of the periods during which a portion of property tax revenues may be allocated to finance projects of an authority and allowing an authority to incur debt under certain circumstances.

Rationale: This bill can aid and assist in efforts to grow communities by allowing for more flexibility for cities to use tax increment financing (TIF’s), if approved by voters, to generate capital for development projects.

CLICK TO READ BILL

Arvada Chamber Position: Support

Currently, certain persons licensed to sell alcohol beverages (licensee) may apply for a permit to hold a festival, and other licensees are allowed to jointly participate in the festival with the licensee to which the permit was issued. Current law imposes a cap on the number of festivals a permittee may hold, but there is no specified limit on the number of festivals in which another licensee may jointly participate. The bill authorizes a licensee to jointly participate in up to 52 festivals held by another licensee within a 12-month period.

Rationale: Supporting our member organizations who provide alcohol at festivals across Colorado, and in Arvada, this bill will allow for more participation of these needed services at events here in Arvada and beyond, supporting both the patrons and the business is a win-win for the chamber and so we offer a support position on this needed legislation to solve the problem.

CLICK TO READ BILL

Arvada Chamber Position: Neutral (ONLY if notices can be digital)

Current law requires an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. The bill requires an employer to also provide, within a week before or after providing the statement and in the same manner as the statement is provided, written notice of the availability of the federal and state earned income tax credits and the federal and state child tax credits. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content that the department of revenue prescribes.

Rationale: The addition of allowing notices by email and text will help businesses to be able to carry out this state mandate.

CLICK TO READ BILL

Arvada Chamber Position: Active Support

The State has made great strides in simplifying our Sales and Use tax system(s). This work needs to continue. The budget approved to originally establish SUTS was not fully utilized, and this should be considered when evaluating fiscal impact. Furthermore, as the systems get simpler to use – the number of businesses reporting taxes will likely increase – as will revenues to the State and local jurisdictions. This is a bi-partisan bill that has logical improvements to SUTS. SUTS should continue to improve every year making Colorado a more competive State for doing business.

Rationale: This bill helps business to be able to easily and quickly file sales and use tax to the state.

CLICK TO READ BILL

Arvada Chamber Position: Support

The bill specifies that actions brought for violations of minimum wage laws must be commenced within 2 years after the cause of action accrues or, for a willful violation, within 3 years after the cause of action accrues.

Rationale: This bill is helpful to businesses to close a loophole as the federal limitation is 6 years.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual’s dependents. The dependent allowance starts on July 1, 2025, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines “dependent” as a child of an eligible individual who receives at least half of the child’s financial support from the eligible individual and who is:

• Under 18 years of age; or
• 18 years of age or older and incapable of self-care because of a mental or physical disability.

The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025, and by August 31 of each year thereafter.

Rationale: The fund is recovering from an unforeseen shortfall during COVID. By allowing for pay to help with dependants is concerning and will lead to more utilization of the fund during an unstable time.

CLICK TO READ BILL

Arvada Chamber Position: Strongly Oppose

The bill imposes requirements for certain types of employers with regard to:

• The determination of employee work schedules;
• Employee requests for changes to work schedules; and
• Notices and posting of employee work schedules.

In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:

• Predictability pay when an employer makes certain changes to an employee’s work schedule;
• Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
• Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
• Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee’s anticipated work plan, paid at the greater of the employee’s regular rate of pay or the minimum wage, regardless of whether the employee works such hours.

Rationale: The bill seeks to create a predictable work schedule for the unpredictable nature of businesses. Solving this problem by fining employers for shortfalls in scheduling is not the answer and could ultimately lead to further uncertainty for employers and employees.

CLICK TO READ BILL

Arvada Chamber Position: Neutral

For group benefit plan contracts between a pharmacy benefit manager (PBM) or a health insurance carrier (carrier) and an employer, certificate holder, or policyholder, the bill requires that the amount charged by the PBM or carrier to the employer, certificate holder, or policyholder for a prescription drug be equal to or less than the amount paid by the PBM or carrier to the contracted pharmacy for the drug.

The bill creates transparency requirements for PBMs and carriers regarding prescription drug benefits and grants audit authority to the department of health care policy and financing for self-funded plans and to the commissioner of insurance for fully insured plans, on request of the office of the attorney general, to ensure compliance with the requirements.

A violation of the requirements of the bill is a deceptive trade practice under the “Colorado Consumer Protection Act”, with regard to self-funded plans, and a deceptive trade practice in the business of insurance, with regard to fully insured plans.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

The bill requires the Colorado school of public health to analyze model legislation for implementing a publicly financed and privately delivered universal health-care payment system for Colorado that directly compensates providers. The Colorado school of public health must submit a report detailing its findings from the analysis to the general assembly by December 1, 2023. The bill also creates the statewide health-care analysis task force consisting of members appointed by the general assembly and the governor, as well as executive directors of specified state departments, the commissioner of insurance, and the chief executive officer of the Colorado health benefit exchange or any designees of the executive directors, the commissioner, and the chief executive officer. The task force is created for the purpose of advising the Colorado school of public health during the analysis. (Note: This summary applies to this bill as introduced.)

Position Rationale:

Voters in Colorado have rejected government-provided single-payer healthcare programs in the past, it has been studied by the state legislature in the past, and is a fiscal burden the state cannot carry. For these reasons, we oppose this piece of legislation.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

Requires a provider that charges a facility fee to provide notice to a patient that the provider charges the fee and to use a standardized bill that includes itemized charges identifying the facility fee, as well as other information;

Requires the administrator of the all-payer health claims database to prepare an annual report of the number and amount of facility fees by payer, codes with the highest total paid amounts and highest volume, and other information; and Makes it a deceptive trade practice to charge, bill, or collect a facility fee when doing so is prohibited.

(Note: This summary applies to this bill as introduced.)

More: https://coloradosun.com/2023/03/01/colorado-hospital-facility-fees-prices/

Position Rationale:

There has been a movement in healthcare to establish small healthcare centers, not large hospitals, to provide in-community care. This bill will prohibit centers, especially needed in rural areas, from charging for administrative costs (non-healthcare staff, utilities, etc.) to open and run these centers potentially reducing affordable healthcare throughout Colorado.

CLICK TO READ BILL

Arvada Chamber Position: Support

Concerning tax incentives to maximize investments in semiconductor and advanced manufacturing in Colorado, and, in connection therewith, authorizing the economic development commission to approve refund certificates for certain income tax credits, creating a semiconductor manufacturing zone program, modifying the Colorado job growth incentive tax credit for semiconductor and advanced manufacturing, and creating an advanced industries task force.

Position Rationale:

The committee supports this bi-partisan bill to provide needed support and incentives for the semiconductor martket.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

Concerning state land use requirements, and, in connection therewith, establishing a process to diagnose and address housing needs across the state, prohibiting a local government from enforcing certain occupancy limits, modifying the content requirements for county and municipal master plans, criteria for certain grant programs, and expenditures from the multimodal transportation options fund to align with state strategic growth objectives, and making an appropriation.

Rationale: The Arvada Chamber Advocacy KAPS Council recommends an Oppose position be taken on SB 23-213, Land Use, based on the substance of the bill as of May 5, 2023 and the process by which the bill has taken through the Colorado legislature. Read the full oppose statement here.

CLICK TO READ BILL

Arvada Chamber Position: Oppose

Concerning pet animal ownership in housing, and, in connection therewith, prohibiting restrictions on dog breeds for obtaining homeowner’s insurance, providing for the manner in which pet animals are handled when a writ of restitution is executed, prohibiting security deposits or rent for pet animals, creating the pet friendly landlord damage mitigation program, excluding pet animals from personal property liens, and requiring that pet animals be allowed at a qualified development for the development to receive the Colorado affordable housing tax credit.

Rationale: The Arvada Chamber has made it a part of their mission to support efforts to make housing both more affordable and attainable. The challenge with this bill lies in the liability that the landlord will now take on if a renter brings in a pet and that pet causes damage to the property that must be repaired. This bill could potentially make rental housing less affordable or result in fewer rental properties on the market.

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Arvada Chamber Position: Oppose

For any proposed metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, section 1 of the bill prohibits a local government from approving a service plan that permits the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure under current law.

Section 2 prohibits a member of the board of a metropolitan district that approved the issuance of any debt while the member was serving on the board from acquiring any interest in the debt individually or on behalf of any organization or entity for which the board member is engaged as an employee, counsel, consultant, representative, or agent unless the debt is acquired indirectly through an investment fund and the member has no input into or control over the individual securities that the fund purchases.

Section 3 states that proof of a violation of the prohibition set forth in section 2 is proof that the violator has breached the actor’s fiduciary duty and the public trust.

Rationale:  There is a concern that this creates additional complications while addressing an important topic. In lieu of this bill, the Chamber is supporting SB 23-110 which will address similar issues in this piece of legislation.

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Arvada Chamber Position: Monitor

The bill repeals statutory provisions prohibiting counties and municipalities from enacting any ordinance or resolution that would control rent on private residential property or a private residential housing unit. The bill also makes a conforming amendment. Section 3 states that proof of a violation of the prohibition set forth in Section 2 is proof that the violator has breached the actor’s fiduciary duty and the public trust.

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Arvada Chamber Position: Support

The bill creates a state income tax credit for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer’s contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $750,000 for all contributions made in a year to employees. The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections.

An employee may authorize their employer to withhold a specified amount of the employee’s earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned.

The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The amount contributed by the employer may be subtracted by the employee from the employee’s federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year.

The executive director of the department of revenue may promulgate rules related to the implementation of the credit.

(Note: This summary applies to this bill as introduced.)

Rationale: Workforce housing is a priority for the Arvada Chamber. This bill seeks to support both employees and employers to buy homes where they work by offering tax credits if an employer makes a contribution to support a home purchase for the employee. If supported by the Governor, this bill does not use taxpayer money but offers an incentive to employers to help employees save up for a downpayment on a home. 

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Arvada Chamber Position: Oppose

The bill creates a right of first refusal of a local government to match an acceptable offer for the sale of a residential or mixed-use multifamily property (property). The right to the purchase of the property by the local government is subject to the local government’s commitment to using the property as long-term affordable housing. The local government may assign its right of first refusal to the state, to any political subdivisions, or to any housing authority in the state subject to the limitation that the assignee make the same commitment to using the property as long-term affordable housing. (read more at bill link)

Rationale: While providing more solutions for affordable housing is encouraged, an opposed position is recommended at this time for more research and analysis on the potential unintended consequences to the local housing market of offering the right-of-first-refusal to local governments with up to 1-year to close on the purchase.

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Arvada Chamber Position: Support

The bill establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers).

Rationale: This bill targets a one-time allocation of federal dollars towards credentialing programs.

CLICK TO READ BILL

Arvada Chamber Position: Support

The bill directs the state board of community colleges and occupational education (board) to administer the in-demand short-term credentials program (program) in order to support the expansion of the number of available and qualified professionals who are able to meet Colorado’s in-demand workforce needs.

The bill appropriates $38.6 million from the general fund for this program. The board is required to allocate funds to community and technical colleges, area technical colleges, local district colleges, and Colorado Mesa university to provide assistance to students for eligible expenses that support their enrollment in eligible programs. If unexpended resources exist, the funds must be used to pay for a student’s housing, transportation, or food expenses.

Rationale: The committee is strongly in favor of this bill which allocates one-time federal dollars towards certifications and credentials for in-demand jobs and careers to improve the talent pipeline in hard to hire areas.