HomeMy WebLinkAboutMinutes - Legislative Review Committee - 02/17/2009 -C City Manager’s Office
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Legislative Review Committee Meeting Minutes
February 17,2009
The meeting convened at 4:00 p.m.
Present:Doug Flutchinson,Kelly Ohlson,Ben Manvel,Darin Atteberry,Steve Roy,
Wendy Williams,Tess Heffeman
The meeting summary of the February 3,2009 Legislative Review Committee was
approved.
Legislation Update:The Committee discussed a number of new bills under
consideration by the Legislature.Tess Heffernan also provided an update on several bills
discussed previously.Items in italics indicate updates added after the February 17 LRC
meeting.
HB 1213 Housing Development Grants (Gagliardi)
Creates the housing development grant fund,to be administered by DOLA.The fund
would consist of all moneys appropriated to it by the general assembly,collected
from federal grants,and other contributions,grants and donations received from other
governmental entities,individuals,private organizations or foundations.
Position:Support
HB 1282 -Electronic Device Recycling Task Force (Fischer)
Creates a task force within the CDPHE to make recommendations regarding the
implementation of an electronic device recyling program by December 2009.
o Position:Support
o Passed the Health and Human Services Committee 11-0;on to Appropriations
SB 180 Collective Bargaining (Tochtrop)
Grants firefighters and law enforcement officers the right to form,join,or assist a
union,negotiate collectively or express a grievance through representatives of their
choice and engage in other activity for the purpose of collective bargaining.
Mandates that employees must join/pay for the union as a condition of employment.
Includes arbitration provisions that state that if an agreement can’t be reached,the
options must be given to the voters to decide at a special election.
Position:Oppose
Mayor Hutchinson testified at the Committee hearing Feb 18.Bill has been laid
over until Thursday,Feb 26.
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HB 1258 Limit Muni Extraterritorial Condemnation (Gardner,B.)
Regulates the exercise of eminent domain by a home rule municipality in connection
with the acquisition by condemnation of property located outside the municipality’s
territorial boundaries to require that such condemnation be permitted only upon
satisfaction of each of a number of conditions (bill summary goes on for 1 2 pages of
requirements.)
Position:Oppose
o The bill was postponed indefinitely.
1272 Ltd Gaming Amend 50 Comm College Funding (Massey,Tapia)
Implements “Amendment 50”.The provisions in this bill dealing with the share of
the gambling ftnds that will go to “current recipients”are seriously flawed.The
current recipients’share would shrink overtime,while the share for the new
recipients -community colleges and the gaming cities/counties -would increase.The
Colorado Historical Society is a major recipient of gambling dollars and the City has
received CHS grants for some of its own buildings such as the Nix Farm barn,DTC
Depot,and trolley barn.
o Passed Education Committee 13-0;2”reading Wed Feb 18
o Position:pending additional information
SB 156 Plastic Bag Reduction (Veiga)
Prohibits large retail stores from using plastic bags by 2012.Originally required
customers be charged 6 cents/bag until that date;provision deleted.
Passed Bus,Labor &Technology 4-3.
No position taken
“Laid over daily”status on 2,”reading (as of Feb 24)
1070 Lands Prohibited from URAs (Fischer)
Ben Manvel testified at the first of three Committee hearings on this bill.Steve Roy
discussed the latest amendments being considered by Rep Fischer:removing the
arbitration language (keeping the existing arbitration statutes)and adding an
amendment allowing ag or vacant land but not generating TIF off those portions
unless all taxing entities agree.Committee members determined that if these changes
are made,the City will support the bill.
o The final Committee hearing was held Februaty 21t.The bill had been amended
to keep the arbitration statutes as discussed above,however no changes were
proposed to the definitions of ag and vacant land.
o The bill failed 8-4.
SB 143 Camera Radar (Bacon,Hullinghorst)
Passed Transportation Committee.Two amendments added -one a
“housekeeping”item and the other requiring revenues to be used directed towards
the camera radaryrogram,traffic safety and traffic regulation.
The bill based 2”andfinal readings in the Senate with amendments.Further
discussion planned for March 3,2009 LRC meeting for Council input.
2
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SB 003 Motor Vehicle Emissions Programs (Bacon &Fischer)
Beginning in 2010 moves Weld and Larimer counties from the basic emissions
program of the automobile inspection and readjustment program to the enhanced
emissions program.
o Position:support
o The bill passed Committee 4-3 on February 19.Thanks to Lucinda Smith for
tes4fring in support.
SB 142 Annexation of Rights of Way (Toctrop)
Requires that a municipality annexes the entire portion of a right of way where a
portion of an area to be annexed adjoins the right of way.
o Postponed indefinitely
SB 75 Low Speed Elec Self Propelled Vehicles (Marostica)
Authorizes the operation of low-speed electric vehicles (NEV5)on roads with a speed
limit of 35 miles per hour or less.
o Position:Neutral
o Passed Committee with amendments;on to Appropriations
SB 145 Automatic Suspension Condenm Proceedings
Requires proceedings seeking condemnation of property to be automatically
suspended until the completion of a specified period (180 days)starting with the
publication of the notice of intent to condemn property.
o Position:opposed
o Postponed indefinitely
SB 99 State Procurement Supplier Databases
Would allow the State Purchasing department to develop a fee for vendors who have
state cooperative agreements.City Purchasing has no problem with the State
imposing such a fee built into their cooperative agreement.We do have a problem
with a provision to charge local public procurement units an additional fee.
o Position:Opposed
o Passed Committee 3-2.On to Appropriations
o Jim O’Neill still working to get local public units exempted
HB1094 Cell Phone Prohibitions for Drivers
Prohibits drivers under 18,school bus drivers,and carriers regulated by the PUC from
using cell phones while the vehicle is in motion.Otherwise,permits use of a cell
phone with a hands-free accessory.
Passed Committee.On to Appropriations
HB 1114 Devolve State Commuter Hwys to Loc Govs (Vaad)
Requires removal of all state highways or portion of highways within an MPO that
are determined to be commuter highways from the state highway system as of a
specified date.
o Postponed indefinitely
SB 95 Construction Contract Prompt Pay (Tapia)
Ft Collins has standard contract language which protects both the City and
Contractors.This bill would require a complete rewrite of that language.It would
make it more difficult to manage projects.Time frames demanded in the legislation
may make ensuring construction was done properly impossible before payment must
be made.The problem this bill is trying to address does not exist in the vast majority
of local governments.
o Position:opposed
Passed Committee 3-2.On to Appropriations.Hoping school board lobbies
will oppose it.
HB 1105 Colorado Innovation Investment Tax Credit (Kefalas)
Creates the Colorado innovation investment tax credit for an equity investment in a
qualified small business that is in the aerospace,bioscience,clean energy,or
information technology industry.
Position:support
o Passed Finance,on to Appropriations.
SBIOS “FASTER”
MBR (formerly VMT)and tolling gutted.Vehicle registration fees made it through.
Position:support
Passed Senate,now on to House.
SB 51 Renewable Energy Financing Act (Carroll,M.)
Expand opportunities for financing retrofits,other aspects of renewable energy.
Original version of bill mandated utilities rebate a portion of their revenue for this
purpose;amended to exempt municipal utilities from this requirement.
Passed Local Government 4-3,now to Appropriations
2009 Legislative Policy Agenda:Tess suggested that the Policy Agenda not be mailed to
legislators at this point in time,given that the session is well underway and we have been
in close contact with our representatives on our positions.Staff plans to re-evaluate the
format of the Policy Agenda later this year,and possibly add an Executive Summary for
distribution to legislators in the future.
Other Business:
Darin Atteberry showed the Committee a recent promotion by a local bar and noted that
CSU and the City are planning to convene a group to discuss possible amendments to
local and/or state liquor laws.
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The Committee briefly discussed the process used when there is an urgent call to take a
position on a bill,as was the case last week with SB 85.
The meeting was adjourned at 5:00 p.m.