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By
Dan Pilcher
CACI Senior Vice President
& Chief Operating Officer
Phone: 303.866-9600
E-Mail:
dpilcher@COchamber.com
Thursday, May
17, 2007
CACI’s 2007 Legislative Agenda:
A
Post-Session Review & Status Report
OVERVIEW
During the session, under the policy guidance of
the CACI Board of Directors, the CACI lobbying
team actively lobbied a number of bills,
supporting those deemed beneficial to the
state’s business climate and opposing those that
CACI viewed as harmful.
Below, you will find these bills detailed as
well as the ones on which CACI took a neutral
position, usually after having lobbied the
sponsors and supporters to significantly amend
the bills to make them acceptable to the
business community.
In addition, the CACI lobbying team also worked
a number of bills that are less directly tied to
the CACI’s Board’s primary focus on bills that
directly affect the broad business climate but
that are, nonetheless, important to certain
parts of the business community for various
reasons.
It’s also important to point out that the CACI
lobbying team monitors many more bills that are
not on the CACI Legislative Agenda as they are
introduced and progress through the legislative
process to insure that they do not harm the
state’s business climate.
Eight bills on the CACI Legislative Agenda are
awaiting action by Governor Bill Ritter. CACI
supports three of these bills, is neutral on
three and opposes two.
The Governor vetoed one notable bill on CACI’s
Legislative Agenda that CACI strongly opposed:
HB-1072, the union-backed bill that would have
wrecked the Colorado Labor Peace Act.
The Governor has signed into law two bills
supported by CACI, most importantly SB-97, which
will reallocate $17 million of
tobacco-litigation settlement funds from the
state’s general fund to the University of
Colorado at Denver and the CU-Denver Health
Sciences Center. He has signed into law one
bill opposed by CACI and one bill on which CACI
was neutral.
In addition, eight bills on the CACI Legislative
Agenda died in the legislature. Of this number,
CACI supported one, was neutral on one and
opposed six.
BILLS PASSED BY THE LEGISLATURE,
AWAITING ACTION BY GOVERNOR RITTER
HB-1008 Allows firefighters to file workers’
comp claims that they contracted cancer from
exposure to fumes while fighting fires without
proving that the cancer was caused by their work
Oppose
CACI has requested a veto. The bill creates a
rebuttable presumption that cancer contracted by
a firefighter is deemed to have been an
on-the-job disease covered by workers’
compensation. The Colorado Municipal League and
CACI-member Pinnacol Assurance also oppose the
bill. Although CACI members and the business
community are not directly affected by this bill
should it become law, it would set a dangerous
precedent that could greatly increase workers’
compensation costs if the legislature decides to
extend it to the private sector.
HB-1277 Includes “Clean Room” Equipment in
Definition of Manufacturing Equipment Exempt
from State Sales Tax
Support
Clarifies an existing exemption for
purchases of machinery in excess of a specified
amount to be used in Colorado “clean-room”
operations from sales- and use-taxes. The CACI
Tax Council reviewed the bill to ensure that it
doesn’t affect existing manufacturing tax
exemptions. The bill is supported by the
Economic Developers Council of Colorado.
HB-1297 Increases workers’ comp awards for
the disfigurement of an injured worker, adjusts
awards annually based on the state average
weekly wage
Support
HB-1297 would increase workers’ comp awards for
the disfigurement of an injured worker. The
bill would adjust the awards annually based on
the state average weekly wage. CACI member
Pinnacol Assurance supported the bill, and
expert from Pinnacol testified that the bill
would not affect premiums paid by employers.
HB-1329 Increases water-discharge permit
fees to adequately fund Colorado Department of
Public Health and Environment (CDPHE)
water-quality programs
Support
Provides for 5 additional staff
(FTE)--3.5 FTE for drinking water and 1.5 FTE
for clean water. Eliminates the use of revenue
from storm-water fees to fund waste-water
programs; re-establishes a drinking-water system
fee to fund four new FTEs; nineteen percent
reduction in current storm-water permit fees;
about a 40 percent increase in current
waste-water permit fees; and decreases
drinking-water system fees to about 68 percent
of what they were prior to the sunset of SB-276.
HB-1341 Colorado Oil & Gas Commission to
foster Development Consistent with the
Protection of the Environment, Wildlife
Resources and Public Health, Safety and Welfare
Neutral
Changes the composition of the Colorado Oil and
Gas Commission adding the executive directors of
the Departments of Public Health and Environment
and Natural Resources as ex-officio members and
provides that oil and gas development occur in
conjunction with protecting the environment,
wildlife resources, and public health, safety
and welfare. CACI supported significant
amendments to the original bill.
HB-1355 Eliminating Claims Experience and
Health Status from Case Characteristics for
Health Insurance
Oppose
HB-1355 would eliminate claims experiences and
health status from case characteristics that can
be considered by a health-insurance carrier in
determining premium rates for employers with 50
or fewer workers. The bill would ban insurers
from offering discounts to healthy workers and
would thus increase insurance rates for about
two-thirds of small companies.
SB-36 Mandatory Coverage of Mental Disorders
Oppose,
as introduced but
Neutral after it was significantly
amended to narrow the scope. The bill would
expand mandatory mental health coverage beyond
those that are biologically based by including
six narrowly defined “mental disorders.” CACI
has historically opposed bills that would
mandate additional coverage on employer-provided
health-care benefits because it drives up the
cost of the insurance premiums for both
companies and workers.
SB-258 Workers’ Compensation Changes
Neutral
Clarifies that the workers’ compensation fee
schedule applies to all services provided by a
medical professional. In addition to other
changes to workers’ comp laws, it also requires
that (a) a list of accredited and non-accredited
doctors be given to all parties involved in a
worker’s comp claim; and (b) scheduled awards be
calculated the same as lump-sum awards. CACI
supported significant amendments to the original
bill.
VETOED BY THE
GOVERNOR
HB-1072 Modifications to Labor Peace Act
Oppose
Repeals the requirement that employees in a
workplace with a union must vote to ratify an
all-union agreement by 75 percent of those
voting or 50 percent plus one of those eligible
to vote. Takes away employee rights to
determine their own terms and conditions of
employment and interferes with an employer’s
ability to negotiate on key terms and conditions
of employment and restricts employers’ ability
to recruit workers who choose not to support a
union. Vetoed Feb.
9th
SIGNED INTO LAW BY
THE GOVERNOR
HB-1073 Federal Basic Pilot Program for
Public Contracts for Services
Support
Clarifies that an employer who contracts with
the state for services is required to use or
apply to use the Federal Basic Pilot Program to
confirm employment eligibility of all newly
hired employees. Clarifies existing statute as
being applicable only to newly hired employees.
HB-1176 Choice of Worker’s Comp Doctors
Neutral
Requires every insurance company and
self-insured employer to provide a list of at
least two un-affiliated physicians or one or
more networks from which an employee must choose
a doctor for work-related illness or injury. It
also allows the injured worker to change doctors
(request cannot be denied) up to 90 days
following the injury. CACI supported
significant amendments to the original bill.
SB-97 Allocate Tobacco Settlement Funds
Support
Reallocates $17 million of tobacco
litigation settlement funds from the state’s
general fund, primarily to the University of
Colorado Health Sciences Center and for
health-care programs.
SB-117 A plaintiff who wins a civil action
to remedy “certain unfair labor practices” will
be awarded “court costs and a reasonable
attorney fee”
Oppose
Specifies that, if the prevailing party
in a civil action to remedy certain unfair
employment practices (termination for legal,
off-duty activities) is the plaintiff, then the
court is required to award the plaintiff court
costs and a reasonable attorney fee. Amended to
exempt businesses of fewer than 50 employees.
BILLS KILLED IN THE
LEGISLATURE
HB-1112 Required Health-Care Coverage for
Mental Health
Oppose
Requires group health-benefit plans to provide
coverage for mental illness comparable to
coverage for physical illnesses. Applies to
small-group basic health-benefit plans.
HB-1210 MEWA Renewal
Oppose
Concerns extension of Multiple Employer Welfare
Arrangements (MEWA) that requires insurance
carriers of small-employer plans to offer
health-benefit plans to MEWAs and to continue
the MEWA Pilot Program.
HB-1223 Restructure Colorado Oil & Gas
Commission
Oppose
Requires the Colorado Oil and Gas Conservation
Commission (COGCC), in consultation with the
Colorado Department of Public Health and
Environment (CDPHE), to promulgate rules to
protect public health in the conduct of oil and
gas operations, and provide for ongoing
consultation on oil and gas permit
applications. The bill prohibits issuance of a
permit to drill until such consultation has
occurred.
HB-1303 Creates “Do-Not-Mail” Registry
Oppose
Creates “junk mail” registry that would allow
individuals to opt out of receiving commercial
mailings.
HB-1325 Increase exemption for business
personal property tax to $4,000 for 2007, up to
$7,000 by 2011-2012 and afterwards by increases
in inflation rate
Neutral,
because it would not relieve the tax burden for
even small companies. The current
property tax exemption for personal property is
$2,500. If a company has personal property
valued at, say, $2,505, it does not qualify for
the exemption. The exemption is only for
personal property valued at $2,500 or less.
SB-10 Requires hospitals to develop and
implement nurse-staffing plans
Oppose
Requires hospitals to develop and implement and
publish a staffing plan that
sets forth the minimum number of registered
nurses, licensed practical nurses and other
personnel providing direct patient care required
in each patient-care unit.
SB-29 Requiring Private Employers to
Participate in the Extended Federal Basic
Employment Verification Pilot Program to
Determine Work Eligibility Status
Oppose
Requires private employers to apply to
participate in the federal Basic Employment
Verification Pilot Program. Fines employers for
failing to apply.
SB-44 Repayment of Moneys in Certain Cash
Funds
Support
Considers funds transferred or diverted from
specified cash funds to the state general fund
to be considered loans that must be repaid.
SB-248 Concerns review of premium rates for
insurers who issue medical malpractice insurance
and allows for a “qualified person” to request a
public hearing on an increase in premiums
Oppose
As introduced, the bill would have required
CACI-member COPIC, the only medical-liability
insurance company based in Colorado, to seek
prior approval from regulators before making any
change in rates. COPIC is a Trust created by
Colorado doctors and run by Colorado doctors for
Colorado physicians and hospitals. Increases
regulatory costs borne by doctors and makes it
harder to respond to changing markets or offer
innovative new products to doctors. Amended to
include all medical-malpractice insurance
providers. Opens the door to litigation and
increases costs.
OTHER BILLS LOBBIED BY CACI . . .
Below are additional bills that, although not
directly tied to the broad business climate that
is CACI’s main focus, were lobbied by CACI
because they were important to certain parts of
the business community for various reasons.
HB-1144
FalsBH-1144 False Claims Act
Position: Ensure bill does not exceed federal
civil False Claims Act. Worked with bill
sponsors to secure amendments. Authorizes civil
actions against a person who submits false
claims to the state and establishes penalties
for false claims. Prohibits an employer from
preventing an employee from disclosing
information related to a claim (whistleblower)
and prohibits an employer from retaliating
against an employee for making a claim and
establishes damages for retaliation. Status:
Killed
HB-1202 Reporting Requirements for
Recipients of Moneys from the Colorado Economic
Development Fund
Position: Reviewed by CACI Tax Council
reviewed; worked with Colorado Office of
Economic Development and International Trade on
amendments to narrow scope. Establishes
reporting requirements for recipients of moneys
from the Colorado Economic Development Fund and
specifies criteria by which grants or loans
shall be awarded. Status: Signed into Law
HB-1208 Changes to the Unfair Practices Act
Support
Eliminates price controls unless the intent is
to monopolize the relevant market for the
product or service trade. Amended to exclude
rural counties, even large ones. Status:
Signed into Law
HB-1219 Special Districts to Provide Health
Care Services With Authority to Levy Taxes
Position: CACI Tax Council suggested amendments
to specify contiguous boundaries and prohibit
the collection of use taxes within such
districts. Prohibits boards of county
commissioners from exempting property from
proposed health-assurance special districts.
Requires courts to place the formation of a
special district on the ballot if the petition
satisfies all legal requirements. Allows
health-assurance districts to be formed anywhere
in the state, not just in rural areas.
Authorizes a health service or assurance
district to seek voter approval to levy a sales
tax and authorizes any county to impose an
additional sales tax to provide health-care
services in the county. Exempts any additional
sales tax for this purpose from the total cap on
total county sales tax. Status: Awaiting
Action by Governor
HB-1247 Recover Wages-Due Attorney Fees
Position: Support Mountain States Employers
Council’s suggested amendments. Increases the
penalties for failure to timely pay wages for a
terminated employee from 50 percent to three
times the amount owed and prohibits employers
from being able to recover legal fees unless
suit determined to be frivolous. Status:
Awaiting Action by Governor
HB-1288 Tipping-Fee Increase and
Industrial-Waste Recycling
Position: Support CDPHE fee increase; work to
clarify CAFR language. Creates the Recycling
Resources opportunity Fund to provide incentives
for recycling and increases solid-waste user
fees and waste-tire recycling fees to fund the
newly created program. Expands the
responsibility of the Colorado Department of
Public Health and Environment over solid-waste
management programs and expands responsibilities
of the Pollution Prevention Advisory Board and
requires collection of recycling data.
Status: Awaiting Action by Governor
SB-98 Exemption from Statutory Limitation on
Total Sales and Use Tax that may be Imposed for
a County Tax to Fund Open Space and Park Land
Position: CACI worked with the House sponsor to
amend the bill to include a prohibition of
shifting existing park funds for other
purposes. Allows counties to seek voter
approval to exceed the cap on sales and use tax
for funding of open space and parks. Status:
Signed into Law
SB-145 Local Government Incentives for Use
of Renewable-Energy Fixtures in Residential
Property
Position: At the direction of the CACI Tax
Council, CACI worked with the Senate sponsor to
amend the bill to include businesses in any
local government rebate program.
Gives counties and municipalities the authority
to grant incentives to homeowners for
installation of renewable energy fixtures on
residential property. Amended to extend the
credit to commercial property as well.
Status: Signed into Law
SB-243 Prohibition on Revocation of Frequent
Flyer Mileage Award
Oppose
Prohibits a commercial airline from deeming
expired or revoked any frequent flyer miles that
have been awarded or accumulated in connection
with the issuance of a credit card or by
utilizing an on-line travel agency. Makes a
violation of the prohibition a deceptive trade
practice. Status: Killed |
