The Gilpin County Board of County Commissioners (BoCC) opened a work session on Monday, March 11 exclusively online via Microsoft Teams. The purpose of the meeting was to discuss the County’s legislative priorities, which were addressed by lobbyists Ed Bowditch and Jennifer Cassell.

Commissioners Susan Berumen, Marie Mornis, and Sandy Hollingsworth were present, along with County Manager Ray Rears, Finance Director Joe Allaire, and other County staff.

Bowditch presented the relevant Colorado House Bills. He said, “Today is day 62. We are on the downward slope of the Legislative Session.” The Legislative session begins in January and runs for 120 days.

HB 1030: “Concerning railroad safety, and, in connection therewith, limiting the maximum length of a train operating in the state and requiring certain railroads to use wayside detector systems.”

“Railroads are not keen on this bill, but some of the environmental organizations have come out in support,” said Bowditch.

Berumen said she has heard there may be some Union undertones in the bill, which is unnerving to some folks in the business community.

Hollingsworth said a CDOT Representative encouraged the Board to follow this bill.

HB 1083: “Construction Professional Insurance Coverage Transparency: Concerning insurance coverage for construction professionals.”

Cassell said that the bill carries a $300,000 fiscal note, so it is in an appropriations committee. The commissioners decided to take the stance of “amend,” with the hope there will be study followed by an action item.

HB 1230: “Protections for Real Property Owners: Concerning protections for property owners with respect to improvements to real property.” The bill states that “Current law requires that a lawsuit against an architect, a contractor, a builder or builder vendor, an engineer, or an inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of an improvement to real property must be brought within 6 years after the claim arises.”

This bill extends the time period from 6 to 10 years for claims to be brought against contractors. “This one might have a hard time moving forward,” said Cassell.

Counties & Commissioners Acting Together (CCAT) will not take a position because they do not have aligning interests, Cassell reported. The BoCC decided to monitor the bill.

SB 106: “Right to Remedy Construction Defects: Concerning legal actions based on claimed defects in construction projects.”

Hollingsworth said Colorado Counties Inc. (CCI) and CCAT would like the Board to take a position. Berumen recommended the position of “amend.” Mornis agreed.

HB 1349: “Firearms &Ammunition Excise Tax: Concerning a new excise tax related to firearms, and, in connection therewith, contingent on voter approval of the new tax and the retention by the state of all revenue generated by the new tax at the 2024 general election, levying an excise tax on the gross taxable sales of firearms dealers, firearms manufacturers, and ammunition vendors from the retail sale in this state of any firearm, firearm precursor part, or ammunition and requiring the excise tax revenue to be spent for crime victim support services, gun violence prevention, safe and lawful gun use, and enhancement of school safety.”

Introduced by House Majority Leader Monica Duran, this bill would submit a question to the voters this fall to establish an 11% excise tax on the sale of any firearm or ammunition in the state. The money raised would be distributed to a variety of victims’ assistance programs and some to the Division of Parks and Wildlife.

“A bill like this will have a lengthy and hot debate,” said Bowditch.

Kristina Mahoney, Gilpin County Victims Services Coordinator, provided some input on the issue. She said that Gilpin County is in a unique situation in a rural area, and potentially will not be as affected as metro areas.

Hollingsworth said there are other potential uses for the funding, like school safety, and that the voters will ultimately decide the issue. The commissioners decided to monitor the bill.

Cassell gave an update on SB 24-058: “Landowner Liability Recreational Use Warning Signs: Concerning landowner liability under the Colorado recreational use statute.”

She said that the bill may be signed by the Governor in the next ten days. Hollingsworth said the Board would like to know when it is fully signed so they can message landowners.

SB 174: “Sustainable Affordable Housing Assistance: Concerning state support for sustainable affordable housing, and, in connection therewith, making an appropriation.”

Cassell said this is part of the Governor’s Land Use Bill last year. She said the bill essentially says that local governments need to do housing assessments every six years; and for those governments with populations over 10,000, housing plans are required.

Hollingsworth said, “With all these bills, I wonder where the money is coming from.” Cassell responded that the bill will rely heavily on funding. The Board decided to take the position of “amend.”

Cassell gave an update on HB 21-1110, which states that “On or before July 1, 2024, each state agency shall fully implement the sections of the state agency’s plan related to accessibility standards. The act states that any state agency that is not in full compliance by July 1, 2024, is in violation of the state’s laws concerning discrimination against individuals with a disability and is subject to the remedies set forth in statute.”

Cassell said it places strain on local school districts and rural governments. The Commissioners indicated that they would support the bill if there were an extension for compliance. Hollingsworth said an extension will help governments become compliant with the changes.

Cassell said there may be no extension for compliance, since people with disabilities have been waiting for so long.

Hollingsworth said there could be an unintended consequence: if relevant information is not compliant, then governments may remove that information from County websites to avoid fines, which would lead to less available information.

Rears said this would be the case with Gilpin County.

HB 1168: “Concerning equal access to public meetings.” This bill requires governments to livestream any meetings. There will be an amendment to scale back the bill so it will not include study sessions and retreats; it will only apply when Board action is taken. If public comment is taken physically, then it must also be offered through the livestream technology.

Hollingsworth pointed out that Gilpin County already provides that.

Hollingsworth asked about SB 072, “Concerning provisions to ensure that confined eligible electors at a county jail or detention center may vote.” The bill requires all jails to have in-person voting. Because of Gilpin’s size, she is hoping for an amendment to put a cap on required compliance based on numbers.

Cassell said the bill is sitting in an appropriations committee and she has not heard more specifics. Hollingsworth said the Board took a position to amend the bill, and would like an update.

Bowditch added that smaller county clerks do not believe in its feasibility.

Hollingsworth also asked about HB 1266: “Concerning the relocation of utility facilities in a local government right-of-way.” Bowditch said the bill originated in Arapahoe County and has required much negotiation with Xcel, since it only applies to investor-owned utilities. In Gilpin County, Xcel Energy provides electricity only to Black. Hawk, Central City, and some nearby areas.

The Board has yet to take a position on the bill.

The commissioners asked about HB 1300: “Home Sale Wildfire Mitigation Requirements: Concerning wildfire mitigation requirements in connection with the sale of a residence.”

Cassell said that the bill has been rescheduled for March 19. The last amendment created a working group within CCI and a six-month extension. The Board would like to put a commissioner in CCI’s working group.

Hollingsworth asked for an update on HB 1152. Cassell said this one will not affect Gilpin County.

Hollingsworth inquired about HB 1314, “Modification Tax Credit Preservation Historic Structures: Concerning expanding the income tax credit for qualified costs incurred in preservation of historic structures.”

Rears said Gilpin County would clearly support the bill, and the commissioners concurred.

Hollingsworth asked if they should take a position on HB 1316: “Middle-Income Housing Tax Credit: Concerning the creation of a pilot program for a middle-income housing income tax credit.” This would incentivize developers to build middle-income rental units.

Community Development Director Robert Gutierrez said he would be supportive of the bill, which could impact the county and potentially create more housing in the region. The Board decided to support the bill.

The lobbyists thanked the commissioners for their time as the work session concluded.

The next legislative work session is scheduled for March 25 via Microsoft Teams. It can be accessed through the Gilpin County website at https://gilpincounty.colorado.gov/ public-meetings/board-of-county-commissioners-bocc-meetings.