The Denver Metro Chamber of Commerce (DMCC) will be providing, on a weekly basis, an update on the legislative positions taken by the organization. We will be tracking legislative votes at committee and final disposition levels, and these votes will be published in aggregate at the end of the session.
View a full list of the Chamber's legislative positions or to view a full list of our justifications.
Positions taken week of 5/4/10
SUPPORT:
SB10 – 003 Higher Education Flexibility/ MORSE & ...--MIDDLETON & ... (Support 5/04/10) This bill aims to allow increased flexibility for state institutions of higher education in several areas including: Setting tuition, planning budgets, managing admissions ratios and the distribution of financial aid.
The Chamber supports finding a long term, sustainable funding source that will support and improve the competitive standing of our state's higher education system. Because such a source has not yet been identified—and in light of the high probability of substantial cuts to the funding these institutions will receive from the General Fund in coming years due to budget constraints—the Chamber believes these institutions require increased flexibility. The Chamber supports this bill.
HB10 – 1281 Telco VoIP Wireless Deregulation Basic Service / CASSO—SPENCE (Support 5/03/10)
This bill will create a clear path for telecom corporations which are regulated at the Category Two for wireless and voice-over Internet Phone (VoIP) to move those businesses into Category Three. Category Three is a less regulated field, and many companies that have VoIP and wireless business are already at the less-regulated level.
The Denver Metro Chamber supports deregulation in telecommunications for the purpose of competitive equity. Key components include:
• Moves Basic Service from Part 2 to Part 3 - this would allow Qwest to file with the PUC for regulatory parity consistent with other wire line providers such as TW Telecom, VZ, AT&T
• Affirms that Interconnected VoIP is a Part 4 (Deregulated) service - this is consistent with many other states and federal court decisions. It removes a grey area in Colorado statutes.
HB10 – 1394 Professional Construction Insurance/ RICE—SCHEFFEL (Support 5/04/10)
The intent of this bill is to guide pending and future actions in interpreting general liability insurance policies issued to construction professionals. The bill prohibits an insurer from excluding or limiting coverage of acts arising before the policy was issued unless the insured knows of defects that have a likelihood to subject the insurer to damages and fails to disclose this to the insurer.
The Chamber supports this bill, which will clarify from a policy standpoint reasonable articulated standards for a reviewing court when they are considering these types of construction disputes. This bill will provide the certainty needed by builders and developers with regard to the scope of insurance coverage consistent with the expectations of those insured.
OPPOSE:
SB10 – 203 Indep Expenditures After Citizens United/ CARROLL M.--WEISSMANN & ... (Oppose 5/04/10)
The bill makes changes to state law to regulate independent expenditures made in connection with state elections.
NOTE: The Denver Metro Chamber does not endorse candidates or engage in candidate campaign expenditures, however the organization’s members may choose to do so and would be impacted by this legislation.
The Chamber supports appropriate, reasonable and equitable disclosure and transparency requirements around campaign finance matters. The organization opposes this measure, as it believes it creates overly burdensome, and in some cases, duplicative reporting requirements; adds burdensome definitions around Colorado companies who have foreign investors or leadership components; and inserts into Colorado law an unbalanced playing field between business interests and other entities, such as organized labor. Additionally, its onerous requirements chill the U.S. Constitutional protection of free speech.
HB10 – 1152 Unlawful Discriminatory Practice Disabilities/ FRANGAS--SHAFFER B. (Oppose 4/30/10)
This bill increases current fines and imposes criminal penalties for violation of the Americans with Disabilities Act (ADA) in Colorado public accommodations laws. This bill duplicates an existing federal ADA law and imposes arbitrary fines and penalties.
The Denver Metro Chamber is strongly supportive of the rights of disabled Americans and supports the enforcement of the ADA, however, the expansion and funding of a state agency to duplicate an existing robust federal program is unnecessary and a misuse of precious resources. The Denver Metro Chamber is opposed to this bill.
HB10 – 1409 State Employee Compensation/ POMMER—TAPIA
This bill replaces the current system with a system based on annual incremental rate increases in salary within an employee's pay grade or pay range. The state personnel director is required to adopt procedures for implementing annual incremental rate increases in salary based on (1) employee performance and (2) core job competency requirements. On or before July 1, 2010, the state personnel director shall establish a pay plan that specifies 12 annual incremental salary rates within the pay grade or pay range for each job classification in the state personnel system.
The Chamber opposes this bill, as it creates an unmanageable financial burden on the state by statutorily guaranteeing pay raises. Colorado’s budget is fragile and a structural deficit remains. Actions such as this one are unwise.
HB10 – 1429 Legislative Review Of Tax Benefits/ WEISSMANN--(NONE)
This bill requires the Joint Finance Committee to conduct meetings on an annual basis to review specified state tax benefits (credits and exemptions) to determine whether they should be continued, repealed or modified. The lens for review by Legislative Council would be as follows:
• Any known economic benefits related to the tax benefit;
• Whether the tax benefit is accomplishing the purpose for which it was created;
• The amount of state and local government tax revenue that is directly lost as a result of the tax benefit;
• The fairness of the tax benefit; and
• Whether the tax benefit is in the public interest.
The Chamber opposes this bill. The organization has called for the state to collect data that will allow both the public and private sector to better understand which industries are using these tax measures and at what magnitude. (See Sept. 29, 2009, letter to legislative leadership and Governor Ritter).
HB10 – 1429 is a highly subjective review that does not get to the information that will be helpful in this discussion and debate. Additionally, it does not appear to engage the private sector in the process, but rather relies fully on Legislative Council to provide analysis and recommendations. More importantly, in these economic times, this type of effort adds additional uncertainty to our business climate. The Chamber supports gaining good data, but this proposal falls short.
