First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0592.01 Thomas Morris HOUSE BILL 11-1154 HOUSE SPONSORSHIP Hamner, SENATE SPONSORSHIP Morse, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning the authority of a board of county commissioners to enact a business regulation program applicable to large unincorporated communities. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill allows a board of county commissioners to enact an ordinance defining the boundaries of a "large community", which must be an unincorporated area having a population of at least 5,000, within which a business may not operate unless the business has registered with the board of county commissioners. "Business" is defined to exclude a commercial activity that does not have any employees and does not receive or initiate any commercial deliveries of supplies or products. The statute lists the type of information that the business can be required to provide and limits the registration fee to the county's administrative costs. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 30-15-401 (1), Colorado Revised Statutes, is amended, and the said 30-15-401 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 30-15-401. General regulations. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which that are described in the following enumerated powers: (s) (I) To create a business registration program that applies within each large community. (II) As used in this paragraph (s): (A) "Business" means any type of commercial activity; except that "business" does not include a commercial activity that does not have any employees and does not receive or initiate any commercial deliveries of supplies or products. (B) "Large community" means an unincorporated community that is located entirely within a county, has boundaries as determined by the board, and has a population of at least five thousand people. (III) The board may adopt an ordinance that prohibits a business from operating within a large community unless the business has registered with the board pursuant to procedures established in the ordinance. The ordinance may require the business to provide the following information: (A) The name, address, and contact information of the business; (B) The nature of the business and the location and timing of the business' operation; (C) The number of people employed by the business, whether the number of employees changes during the year, and, if so, the number of employees during low, average, and peak seasons; (D) Whether the business offers health insurance to its employees; and (E) The documentation that the business requires of its employees, including whether the business uses the federal e-verify program as defined in section 8-2-124 (1), C.R.S. (IV) The ordinance may establish a registration fee in the minimum amount necessary to offset the county's costs in administering the registration program. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.