SENATE 3rd Reading Unamended March 5, 2012 SENATE Amended 2nd Reading March 2, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0655.01 Kate Meyer x4348 SENATE BILL 12-143 SENATE SPONSORSHIP Carroll, HOUSE SPONSORSHIP Pabon, Senate Committees House Committees Business, Labor and Technology Appropriations A BILL FOR AN ACT Concerning the development of a local businesses database by the Colorado office of economic development. 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 directs the Colorado office of economic development (office) to create, by 2014, an electronic database of local businesses in Colorado. Such businesses are included in the database upon a business submitting certain information about the business, certifying that the business is a local business, and filing a fee with the office. A person may access the database free of charge. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that, according to the Colorado Local First program of the Mile High Business Alliance: (a) There are over five hundred thousand locally owned businesses in Colorado that employ more than one million six hundred thousand people and generate over ninety-eight billion dollars in economic activity every year; (b) With the state's current economic challenges, keeping these locally owned businesses healthy is vital to ensure that the goods and services that Coloradans need are provided; (c) Small and locally owned businesses are more adaptable, more innovative, and more responsible to our community than nonlocally owned businesses; (d) Because money spent at locally owned businesses recirculates at least three times more in a community than money spent at nonlocally owned businesses, actions to strengthen locally owned businesses directly increases community economic activity, helping stabilize employment, create jobs and local tax revenue, and otherwise bolster community infrastructures; (e) A shift of just ten percent of an individual's purchases from nonlocal to local retailers could translate to a three billion dollar boost to Colorado's economy over two months; (f) New programs and strategies like the local businesses database created by the Colorado office of economic development increase economic resilience and address community needs; and (g) By creating a database of local jobs, the state will empower Colorado consumers to support the Colorado economy and create an opportunity to provide more customers to Colorado local business. SECTION 2. In Colorado Revised Statutes, 24-48.5-101, add (2) (i) as follows: 24-48.5-101. Colorado office of economic development - creation. (2) The Colorado office of economic development shall: (i) Create and operate the database of local businesses pursuant to section 24-48.5-114. SECTION 3. In Colorado Revised Statutes, add 24-48.5-114 as follows: 24-48.5-114. Local businesses database - creation - fees - local business database fund - creation - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the Colorado office of economic development is directed to develop an electronic database of local businesses in order to: (a) Assist consumers in the state who wish to find and patronize local businesses; (b) Allow such businesses to publicize their Colorado affiliations; and (c) Consonant with the office's duties, promote economic growth through the expansion of businesses in the state. (2) As used in this section, "local business" means a privately-held business having its principal place of business in Colorado and organized under the laws of this state. (3) (a) (I) The Colorado office of economic development shall create and maintain an electronic database of local businesses. The database must be on-line and operational by January 1, 2014. (II) In order to reduce the costs of implementing this section, to the extent possible, the Colorado office of economic development shall integrate the database of local businesses into any existing databases or projects administered by the office and otherwise incorporate, utilize, or apply existing information technology and other resources to the development and maintenance of the database of local businesses. (b) The Colorado office of economic development shall make the database of local businesses searchable by the types of goods or services offered, the locations of each business listed in the database, and any other factor the office deems appropriate. (4) (a) If a local business wishes to be included in the database created in subsection (3) of this section, the business must electronically access the appropriate on-line site created by the office, enter the information that will be included in the listing, and pay a filing fee. At that time, the business shall also certify that it is a local business. The information submitted may include the percentage of the business' workforce that is located in Colorado. (b) The fee paid by a local business pursuant to paragraph (a) of this subsection (4) entitles the local business to be included in the database for twelve months. (5) A person may access the database to view the listings therein free of charge. (6) The Colorado office of economic development shall also develop downloadable mobile application software that a person may utilize to access the contents of the database created in subsection (3) of this section. (7) The Colorado office of economic development is authorized to accept and expend gifts, grants, and donations for information technology costs incurred in establishing and maintaining the database created in subsection (3) of this section. (8) All fees collected pursuant to paragraph (a) of subsection (4) of this section, all gifts, grants, and donations received pursuant to subsection (7) of this section, and any other moneys appropriated by the general assembly for the purposes of this section shall be transmitted to the state treasurer, who shall credit the same to the local business database fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to any other fund. The general assembly shall make annual appropriations from the fund to the Colorado office of economic development for direct and indirect expenses incurred in carrying out the purposes of this section. SECTION 4. Act subject to petition - effective date. This act takes 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 8, 2012, if adjournment sine die is on May 9, 2012); 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 will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.