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Arapahoe County seeks amendments on immigration, housing and workforce bills; flags MMOF risk
Summary
County legislative staff recommended 'amend' positions on bills that would expand immigration-related liability for governments and adjust the statewide affordable-housing target formula; the board also discussed MMOF cuts and asked staff to pursue advocacy and clarifying amendments.
County legislative staff briefed Arapahoe County commissioners on a package of bills and recommended amendments or other positions on several.
On HB 26‑1276 — a bill that limits state and local cooperation with federal immigration authorities and would expand liability for state agencies and local governments — staff recommended an amend position. Nico Johnson, the county’s legislative lead, described the bill’s major components: new reporting requirements for law enforcement participating in multi-jurisdictional investigations, an expansion of prohibitions on sharing personally identifying information, posting subpoenas to Department of Public Safety and new restrictions on airport cooperation in deportation transport.
Commissioners raised two main concerns: the airport provision’s effects on counties with small commercial service and whether the bill creates strict liability for a political subdivision if an employee intentionally or accidentally shares protected information. The county attorney (county counsel) noted the text appeared to extend liability from individual employees to the political subdivision and suggested language clarifying that the county would only be liable where a political subdivision knowingly allowed a violation; commissioners asked staff to draft amendment language to that effect.
On HB 26‑1313, which would change the Prop 123 growth requirement for a statewide affordable housing fund to a formula tied to permit counts and local job growth, staff said the county could see a large increase in its unit target (one staff estimate in the presentation showed an increase from about 141 to 283 units). Staff recommended an amend position seeking clarity on permit data sources, restoration of a partnership-incentive multiplier, and a mechanism to reduce targets when program funding is swept for other uses.
The board also discussed HB 26‑1317, a bill to create a transition committee to redesign higher-education and workforce programs into a renamed Department of Higher Education. Staff recommended amendments to increase workforce representation on the task force and to require the transition committee to engage local workforce center employees, local elected officials and other stakeholders when developing a plan.
Separately, county staff briefed the board on concerns about the Multimodal Options Fund (MMOF) after the Joint Budget Committee recently voted to stop a planned $10 million transfer; Ed Babbage, the county’s lobbyist, told the board the action could imperil projects statewide and locally, including county projects that have MMOF components or encumbered MMOF balances. Staff recommended targeted advocacy to state decision-makers to protect encumbered project funding.
Board members asked staff to work with sponsors on amendment language, coordinate with peer counties and prepare to bring amendment proposals forward to legislators.
