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Bill to ease rural broadband rules dies in Senate panel

Proponents say current election requirement wastes time, money
A bill that would have removed restrictions on local governments for establishing telecommunications infrastructure and providing service was killed Monday in the Senate Business, Labor and Technology Committee.

DENVER – A bill proposing an answer for how to expand broadband access throughout rural Colorado died in the state Legislature Monday.

Senate Bill 42 would have removed restrictions on local governments for establishing telecommunications infrastructure and providing service, but it was killed on a 4-3 party line vote in the Senate Business, Labor and Technology Committee. Republicans sided with sticking to the current statute.

The statute, which dates from 2005, requires local governments to go to voters with any request to establish broadband infrastructure in the absence of a private provider.

S.B. 42 proponents saw required elections as a waste of time and money that could have been used for expanding broadband access in rural Colorado where it is not profitable for large companies.

Sen. Kerry Donovan, D-Vail, said these elections can cost as much as $30,000, and that does not count funds put toward promoting the measures.

Opponents argued the bill could allow local governments to undermine the free market for telecommunications in rural areas.

Jeff Wiess, executive director of the Colorado Cable Telecommunication Association, said the bill could allow a local jurisdictions to apply for permits to develop infrastructure alongside private businesses, and then accelerate its permitting process while slowing down competing permits.

“Those are the kinds of things that we were worried about. This bill eliminates those restrictions, basically gives the government unchecked ability to act in any way it wants in a competitive marketplace,” Wiess said.

Roger Zalneraitis, executive director of La Plata County Economic Development Alliance, said this is not the intention of the bill, and many communities are already opting out of the statute, including La Plata County, which did so in 2015.

Zalneraitis said some opponents are not opposing S.B. 42 out of respect for the free market. “They are opposing it to retain their government-subsidized monopoly position in certain markets,” he said.

Confusion caused by wording of the current statute was also brought up.

Many local governments have interpreted S.B. 152 as inhibiting their ability to discuss and investigate the potential of establishing their own broadband infrastructure before going to voters and opting out of statute, Wiess said.

lperkins@durangoherald.com

House looks to push back last call

DENVER – College students on Monday had two different bills in the Colorado General Assembly to pay particular attention to.

House Bill 1123 would extend hours when alcoholic beverages could be imbibed at bars and restaurants, and Senate Bill 62 would protect free speech on public higher education campuses.

H.B. 1123 would allow local governments to ignore the current statute, which prohibits sale of alcohol from 2 a.m. to 7 a.m., and push back the last call in Colorado bars if they felt it appropriate. The measure passed second reading on Monday in the House.

It must clear a third reading and a final vote before going to the Senate for consideration.

S.B. 62, which was debated Friday after an amendment defining what forms of expression were protected, was proposed and adopted, passed a third and final reading on a 32-2 vote in the Senate, and it will go to the House.

During the debate last week, Senate Democrats voiced concern about a failure to mention voter-registration activities.

Sen. Tim Neville, R-Littleton

, said Friday this amendment could be added in the House if needed, but changed his tune Monday after consulting with university representatives.

In addition to H.B. 1123 and S.B. 62 nine bills passed third reading, 19 passed second reading and 24 were scheduled for committee hearings.

S.B. 113, which would cap the maximum employer contribution to the Public Employees’ Retirement Association passed on a 18-16 party-line vote. With the GOP controlling

S.B. 55, which would make Colorado a “Right to Work” state by not allowing employers to require workers to participate in unions, also passed on a party line 18-16 vote. Again, Republicans used their majority to move the legislation to the House, where Democrats have the advantage.

In the House Democrats also used their majority to push through H.B. 1038, which prohibits corporal punishment by employees and volunteers at state funded child care facilities and schools.

H.B. 1038 was passed 37-27 with one Republican crossing the aisle to support the measure and one Democrat excused from Monday’s session.

Arguments against this bill largely were concerned with it being a duplication of efforts as most school districts already ban corporal punishment and that it could lead to government oversight over how parents discipline their children.

“This was never the intent of House Bill 1038, and we had thought we were careful in making sure that was clear, but I guess we weren’t as careful as we should have been,”

Rep. Susan Lontine, D-Denver

.

The bill will head to the Senate in the coming weeks where Lontine said it will receive an amendment to ease any concerns over the potential intrusion into the parent-child relationship.

Among the bills heard in committees was H.B. 1127, which would eliminate the tax on “necessary feminine hygiene products.” It passed the House Finance Committee on a 7-6 vote.

Lontine said current statute penalizes women unfairly for purchasing tampons, which are categorized as “medical devices” by the Federal Food and Drug Administration.

“Having a period is not a choice, and these products are a necessity,” Lontine said. “We shouldn’t tax a woman for being a woman.”

This bill will head to the House Appropriation Committee where its budget impact of $1.2 million will be evaluated.

lperkins@durangoherald.com



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