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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 02/04/2014 - City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda February 4, 2014, 4:00 p.m. City Manager’s Conference Room 1. Approval of minutes from January 21, 2014 meeting 2. Review City Positions on Colorado General Assembly Bills 3. Consider Positions on New Colorado General Assembly Bills 4. Review other General Assembly activity 5. Other business · National League of Cities planning City Manager’’’’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Meeting Notes January 21, 2014, 4:00 p.m. City Manager’s Conference Room Present: Wade Troxell, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Steve Roy, City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: Lisa Poppaw, Councilmember Guests: Dale Adamy Councilmember Troxell called the meeting to order at 4:08 pm. Adoption of the minutes from the November 5, 2013 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. Councilmember Troxell sought to clarify process for City review of bills and to clarify staff recommended positions versus adopted positions of the LRC. Dan presented an overview of the process for staff review including use of the State Bill website, staff lists used to analyze proposals in specific issue areas, City Attorney comments, and information gathered from Colorado Municipal League and other outside groups. Several process improvements will be adopted in response to LRC feedback – · staff will remove the bill list from the LRC agenda document (relying instead on the bill tracker for a detailed bill list) · staff will ensure that the bill tracker is published on LRC website · staff will distribute a searchable bill dossier to LRC (allowing members to read bills if desired) After this discussion, Dan reviewed the bills listed in the LRC agenda. HB14-1002 would create a water infrastructure grant fund for use after natural disasters. LRC adopted a support position. HB14-1004 attempts to realign emergency management entities providing disaster response. Based on staff recommendation that this reorganization would result in a net negative for local emergency response, LRC adopted an oppose position. HB14-1007 provides additional power to counties during times of severe fire risk to restrict agricultural burning and fireworks. LRC adopted a support 2 position citing risks to public safety from fire. Councilmember Troxell asked that Dan check whether Larimer County has adopted a position on this bill. HB14-1011, 1012, and 1013 all involve programs meant to spur advanced industries either through funding, tax credit or workforce development. LRC sought to have additional information before taking a position on these bills and adopted a monitor position. HB14-1017 seeks to add funding options and realign the Department of Local Affairs to support creation of more affordable housing statewide. The LRC adopted a support position on this bill. HB14-1038 would have expanded tasting rooms and the goods that a tasting room could offer beyond those produced by the business hosting the tasting room. Dan noted that this bill was killed by the sponsor; LRC did not consider a position on this bill. HB14-1064 deals with capping the amount of severance tax – money meant to address local impacts from extraction activities – to cities that have adopted moratoria or bans on oil and gas. LRC adopted an oppose position. HB14-1077 seeks to increase the amount available in the Colorado Oil and Gas Conservation Commission’s environmental response fund. LRC adopted a support position. HB14-1087 would prevent public employees from collective bargaining. LRC adopted a monitor position. HB14-1105 concerns tax exempt fuel sales between government agencies, making these sales legal. LRC adopted a support position. Councilmember Cunniff commented that this bill offers efficiency in the use of taxpayer funds and in operations when school districts, cities and counties can pool resources. HB14-1122 is a proposal meant to keep marijuana from those under-21. The LRC discussed how this would work and members requested additional details and a chance to address local concerns. LRC adopted a monitor position pending additional information. HB14-1132 would provide local control for setting hours of operation for alcohol sales. Dan discussed that this proposal is written to allow cities to either extend (from 2am to 7am) hours of operation or contract the hours of operation. On the basis of local control the LRC adopted a support position. SB14-002 creates a permanent funding source and home for the Safe2Tell program within the Attorney General’s Office. This program is an anonymous tip hotline for students to report school threats. LRC adopted a support position. SB14-007 allows counties to alter their portion of the road and bridge fund to address flood damaged infrastructure. The LRC adopted a support position. SB14-009 seeks to implement a disclosure of split mineral and property estate at time of real estate transactions. LRC adopted a support position. SB14-022 would allow cities to adopt financial policies to put reserves into a Community Development Financial Institution (CDFI). This mechanism could then be used to fund affordable housing construction. LRC adopted a support position. Councilmember Cunniff noted that local adoption of a CDFI policy 3 would still require robust community conversation but increased flexibility is a good thing. SB14-045 concerns responsibility for wildland incident management. Dan noted that PFA expressed opposition to this bill and circulated information from the Colorado State Fire Chiefs also opposing the bill. LRC adopted an oppose position. SB14-046 creates a local firefighter safety grant program. Dan noted this program may not directly benefit PFA but could provide resources to volunteer departments within the region. LRC adopted a support position. The LRC then briefly discussed the March National League of Cities conference in Washington DC. Dan sought input from members about whether they were interested in side meetings with legislators or federal agencies. Councilmember Troxell expressed a desire to schedule any meetings around the Colorado Municipal League events. Finally, the LRC briefly discussed CRS 24-17-104 which could prevent local governments from adopting plastic bag regulations. Dan stated that a bill may be introduced in 2014 and that it might fall outside the adopted Legislative Policy Agenda. LRC members agreed that if it did then a resolution would be brought to Council to take a position on that bill. The meeting was adjourned at 5:15 pm. Legislative Review Committee Bill Report Legislative Review Committee Bill Report HB14-1002 Water Infrastructure Natural Disaster Grant Fund Comment:LPA pg.23, Water Supply and Quality #8, "Support legislation that would fund recovery and treatment of Cache la Poudre and other waterways impacted by 2012 wildfires." Position:Support Calendar Notification: Monday, February 3 2014 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (1) in house calendar. Short Title:Water Infrastructure Natural Disaster Grant Fund Sponsors:YOUNG / JONES Summary:After a natural disaster, Fort Collins could take advantage of the grant funding provided for in the bill to rebuild or repair wastewater or water infrastructure. Status:01/08/2014 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes: Analyze This Comments: HB14-1004 CDPS Emer Mgmt Entities & Disaster Assistance Comment:LPA, pg 27, Hazardous Materials #3, "Support legislation that strengthens the enforcement of hazardous materials regulations." Position:Oppose Calendar Notification: Tuesday, February 11 2014 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 353 (3) in senate calendar. Short Title:CDPS Emer Mgmt Entities & Disaster Assistance Sponsors:FOOTE / NICHOLSON Summary:Bill would reorganize state functions and alter administrative process related to hazardous material and emergency response program. Staff Page 1 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm is concerned with anticipated impacts. Status:01/27/2014 Introduced In Senate - Assigned to Local Government Fiscal Notes:Fiscal Note Analyze This Comments: Oppose: Thu, January 09, 2014, by migavin@poudre-fire.org (09-Jan-14) Very high important. Especially the CEPC. Actively Oppose: Thu, January 09, 2014, by migavin@poudre- fire.org (09-Jan-14) CEPC should stay where it currently is. Jim Davis/ Eric Klien should not move and reoganize a committee that is currently working. It will add another layer of bureacracy for our community. N/A: Thu, January 09, 2014, by migavin@poudre-fire.org (09-Jan-14) It will make it more difficult to het assistance and training for hazmat issues. Placing it in fire safety takes it away from EM. EM has oversight. Fire just does response but no planning, mitigation, or recovery. N/A: Thu, January 09, 2014, by migavin@poudre-fire.org (09-Jan-14) This appears to be a move to build security and control in public safety bersus improving a program. Section 12.13 and 14 re good. HB14-1007 Prohib Ag Burning Fire Danger & Restrict Fireworks Comment:LPA pg 27, Fire Protection #4, "Support legislation that strengthens the City’s ability to prohibit the use and sale of fireworks and that allows counties and fire districts to prohibit and otherwise control fireworks." Position:Support Calendar Notification: Thursday, February 6 2014 Local Government Upon Adjournment Room 0107 (3) in house calendar. Short Title:Prohib Ag Burning Fire Danger & Restrict Fireworks Sponsors:HAMNER Summary:Larimer County could limit agricultural burning and fireworks sales in time of extreme fire danger even during period around Independence Day. Could reduce risk of accidental fire damage. Status:01/08/2014 Introduced In House - Assigned to Local Government Fiscal Notes:Fiscal Note Analyze This Page 2 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Comments: HB14-1011 Advanced Industry Economic Development Funding Comment:LPA pg. 14 Economic Development policy language, "A healthy and resilient economy for Fort Collins will include: ? Diverse jobs that enable citizens and businesses to thrive. ? Reflects the values of our unique community in a changing world. ? An innovative, creative, and entrepreneurial atmosphere. ? Strong partnerships and collaboration with the private sector, educational institutions, and other organizations" Position:Monitor Calendar Notification: NOT ON CALENDAR Short Title:Advanced Industry Economic Development Funding Sponsors:YOUNG / HEATH Summary:Fort Collins is home to many advanced industry companies. The associated bills (HB 1011, HB 1012, HB 1013) combine to provide tools to maintain businesses and increase activity in this sector. Combined bills could result in high-paying local jobs from existing companies. Status:01/28/2014 House Committee on Business, Labor, Economic, & Workforce Development Refer Unamended to Appropriations Fiscal Notes:Fiscal Note Analyze This Comments: Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) low Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) minimal, if any Support: Thu, January 16, 2014, by skendall@fcgov.com (16-Jan-14) We have many companies in Fort Collins that would benefit from the advanced industries grants. Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) Hard to tell N/A: Thu, January 16, 2014, by skendall@fcgov.com (16-Jan-14) Fort Collins has a high-to-moderate underemployment. The advanced industries grants can provide primary jobs that will support the underemployed and have a spillover effect to the general economy. Page 3 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm N/A: Thu, January 16, 2014, by skendall@fcgov.com (16-Jan-14) OEDIT has full authority to expend gifts, grants and donations - Fort Collins would ask that there be transparency in how awards are disbursed. HB14-1012 Advanced Industry Investment Income Tax Credit Comment: Position:Monitor Calendar Notification: NOT ON CALENDAR Short Title:Advanced Industry Investment Income Tax Credit Sponsors:TYLER / KEFALAS Summary:The bill repeals the Colorado innovation investment tax credit and replaces it with the advanced industry investment tax credit (tax credit). The tax credit is available for a qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from the advanced industries, which consists of advanced manufacturing, aerospace, bioscience, electronics, energy and natural resources, information technology, and infrastructure engineering. The tax credit is equal to 25% of the investment or, if the qualified business is located in a rural area or economically distressed area, it is equal to 30%. The maximum amount of credit for a single tax credit is $50,000, and the maximum of all tax credits allowed for a calendar year is $2 million; except that unused tax credits from 2014 may roll over into 2015. A tax credit may not be refunded, but it may be carried forward for 5 tax years. The Colorado office of economic development (office) determines the eligibility for the tax credit and issues nontransferable tax credit certificates as evidence of eligibility and the amount of the tax credit. To claim the tax credit, a taxpayer must submit a copy of the tax credit certificate. The office and the department of revenue are required to share information related to the tax credit. In 2017, the office is required to submit to legislative committees a report that includes information about the tax credits issued and the economic benefits from the related qualified investments. The state treasurer is required to transfer moneys from the repealed innovation investment tax credit cash fund to the newly created advanced industry investment tax credit cash fund. The general assembly shall appropriate any moneys in the fund to the office for the direct and indirect costs associated with the authorizing tax credits. Status:01/08/2014 Introduced In House - Assigned to Finance + Appropriations Page 4 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Fiscal Notes: Analyze This Comments: Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) medium Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) it is likely to encourage either or both local innovation and local investment in innovative technologies N/A: Thu, January 16, 2014, by skendall@fcgov.com (16-Jan-14) Larger Fort Collins companies might be more willing to invest in their employee start-ups with the availability in the advanced industry investment tax credit. Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) depending on additional businesses started in/near city up to $6/$1 invested and credited to investors N/A: Thu, January 16, 2014, by skendall@fcgov.com (16-Jan-14) More investment can create more jobs and create a spill over effect into other areas of the Fort Collins economy. In addition, this can also assist in spurring innovation. Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) this lowers barriers to long-term operation of businesses, but may also encourage predatory angel investors who look to take control of small start-up operations or merely invest as tax strategy to secure credits but are not interested in the underlying businesses. HB14-1013 Advanced Industries Workforce Development Program Comment: Position:Monitor Calendar Notification: Thursday, February 6 2014 Business, Labor, Economic, & Workforce Development 1:30 p.m. Room LSB-A (1) in house calendar. Short Title:Advanced Industries Workforce Development Program Sponsors:LEE / TODD Summary:The bill creates the advanced industries workforce development program in the Colorado office of economic development (office). The purpose of the program is to allow the office to reimburse a business for one-half of its expenses related to a qualifying internship or apprenticeship. A qualifying internship or apprenticeship is one that: Page 5 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm * Is in an advanced industry; * Is for at least 160 hours and that lasts less than one year; * Allows students to gain valuable work experience in at least 3 specified occupational areas; * Pays the intern or apprentice a stipend; * Provides a mentor or supervisor that will work closely with the intern or apprentice; * Is not for the purpose of meeting required residency or clinical hours for the intern; * Is with an advanced industry business that has a physical operation facility in the state; * Is for a high-school or college student, a resident who is a student at an out-of-state college, or a recent grad of either; and * Along with all other internships and apprenticeships, constitutes less than 50% of the business's workforce located in the state. A business may be reimbursed for up to 5 interns and apprentices per location and up to 10 at all locations, but the maximum amount that a business may be reimbursed for each internship or apprenticeship is $5,000, of which no more than $2,500 may be for a stipend paid to the intern or apprentice. The office is required to contract with multiple intermediaries, which are advanced industry associations, to facilitate the program administration. The office may permit an intermediary to: * Match an intern or apprentice with a business; * Identify qualifying internships and apprenticeships; * Submit reimbursement applications to the office; * Provide assessments of the program to the office; and * Identify job placement for the interns and apprentices. For the next 3 fiscal years, the general assembly is required to annually appropriate $450,000 from the general fund to the office for program reimbursements. The general assembly is also required to make a general fund appropriation to the office for program administration expenses. The office is required to solicit information about apprenticeships and internships that were reimbursed through the program and to submit a report to legislative committees about the program. Status:01/08/2014 Introduced In House - Assigned to Business, Labor, Economic, & Workforce Development Fiscal Notes: Analyze This Comments: Strongly Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) high Strongly Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) encourage local businesses to create opportunties for Page 6 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm local grads and students, with likely result being more residents returing/staying in local workforce, better industry training for residents, and development of larger/better skilled local workforce Strongly Support: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) hard to tell. Short-term will be minimal. It's the long-term effect of shifting sophistication of workforce and local industry collaboration with education that will bear out true benefit, which could range from greater sales tax revenues to increased construciton and other tax revenues HB14-1017 Expand Availability Of Affordable Housing Comment:LPA pg. 24, Affordable Housing #1, "Support legislation that maintains or enhances current levels of funding for affordable housing throughout Colorado." Position:Support Calendar Notification: Thursday, February 6 2014 Finance Upon Adjournment Room LSB-A (1) in house calendar. Short Title:Expand Availability Of Affordable Housing Sponsors:DURAN / ULIBARRI Summary:Fort Collins can increase its stock of quality affordable housing through creation of a sustainable and more expansive state funding source. Status:01/22/2014 House Committee on Local Government Refer Amended to Finance Fiscal Notes:Fiscal Note Analyze This Comments: HB14-1077 Raise Cap Oil Gas Conservation & Env Response Fund Comment:LPA pg. 16, Climate and Environmental Protection #4, "Support legislation and regulations to promote pollution prevention." Position:Support Calendar Notification: Wednesday, January 29 2014 THIRD READING OF BILLS - FINAL PASSAGE (2) in house calendar. Short Title:Raise Cap Oil Gas Conservation & Env Response Fund Page 7 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Sponsors:GEROU / HODGE Summary:Increasing the environmental response fund maintained by COGCC protects Fort Collins residents from spills on an abandoned well and in the cases where COGCC would coordinate cleanup. More money enhances COGCC's ability to respond. Status:01/28/2014 House Second Reading Passed Fiscal Notes:Fiscal Note Analyze This Comments: Support: Fri, January 10, 2014, by jstokes@fcgov.com (10-Jan-14) This is a reasonable idea and the increased cap is still modest, only $6,000,000. Monitor/Support: Fri, January 10, 2014, by cwebb@fcgov.com (10-Jan-14) Medium N/A: Fri, January 10, 2014, by jstokes@fcgov.com (10-Jan-14) Would help in the event of an oil and gas related environmental emergency. HB14-1087 Prohibit Collective Bargaining Public Employess Comment:LPA pg. 20, Human Resources #1, "Support legislation that enhances the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position:Monitor Calendar Notification: Wednesday, January 29 2014 State, Veterans, and Military Affairs Upon Adjournment Room LSB-A (1) in house calendar. Short Title:Prohibit Collective Bargaining Public Employess Sponsors:EVERETT Summary:Would ignore voters' will and their ability to consider allowing public employees to collective bargain. Status:01/13/2014 Introduced In House - Assigned to State, Veterans, & Military Affairs Fiscal Notes:Fiscal Note Analyze This Comments: N/A: Fri, January 17, 2014, by jamiller@fcgov.com (17-Jan-14) City of Fort Collins citizens voted in favor of allowing collective bargaining between the City and certain Police Services employees in 2004. Applicable Police Services employees are represented by the Fraternal Order of Police. We currently utilize and Page 8 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm interest-based bargaining approach. This Bill is contrary to the wishes expressed by citizens in 2004. HB14-1105 Tax Exempt Gas Sales Between Gov Entities Comment:LPA pg. 13 Investments #1, "Support legislation designed to protect, without unnecessarily restricting, the investments of government entities." Position:Support Calendar Notification: Wednesday, February 12 2014 Transportation & Energy 1:30 p.m. Room 0112 (1) in house calendar. Short Title:Tax Exempt Gas Sales Between Gov Entities Sponsors:MITSCH BUSH / TODD Summary:Allowing fuel sales to other government entities is an efficient use of resources and focuses public resources on service delivery. Status:01/15/2014 Introduced In House - Assigned to Transportation & Energy + Finance Fiscal Notes: Analyze This Comments: Support: Thu, January 16, 2014, by jvoss@fcgov.com (16-Jan-14) probably low Support: Thu, January 16, 2014, by cvidergar@fcgov.com (16-Jan-14) Medium importance to City, esp in context of mutual aid or support agreements, where City may sell materials and fuel to neighboring communities Neutral: Thu, January 23, 2014, by mjackson@fcgov.com (23-Jan-14) Little. To my knowledge, there is little inter-agency purchase of fuel. N/A: Thu, January 16, 2014, by jvoss@fcgov.com (16-Jan-14) probably minimal to zero, not aware of City purchasing from another govt entity Support: Thu, January 16, 2014, by cvidergar@fcgov.com (16-Jan-14) Likely no material impact, as City likely does not collect sales tax on transactions like this anyway, but it's good to codify the exemption in the case of conflict with State auditors Neutral: Thu, January 23, 2014, by mjackson@fcgov.com (23-Jan-14) Nominal bottom line impact. See above. Page 9 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm N/A: Thu, January 16, 2014, by jvoss@fcgov.com (16-Jan-14) potential savings, but the folks in Fleet Service would be best able to answer Support: Thu, January 16, 2014, by cvidergar@fcgov.com (16-Jan-14) hard to tell, very little likely Neutral: Thu, January 23, 2014, by mjackson@fcgov.com (23-Jan-14) Seems as if this has the potential to further lessen HUTF revenues, at a time when they are already declining. HB14-1122 Keep Legal Marijuana From Those Under 21 Comment:LPA pg 28, Marijuana #5, "Support legislation and policies that prevent under-21 access to marijuana." Position:Monitor Calendar Notification: NOT ON CALENDAR Short Title:Keep Legal Marijuana From Those Under 21 Sponsors:KAGAN Summary:Restricting under-21 use of marijuana addresses public safety and community concerns and is especially important with CSU student population. Status:01/15/2014 Introduced In House - Assigned to Judiciary Fiscal Notes: Analyze This Comments: HB14-1132 Hours Alcohol Sales On-premises Consumption Comment:LPA pg. 28, Public Safety policy statement, "The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins." Position:Support Calendar Notification: Wednesday, January 29 2014 Local Government 1:30 p.m. Room 0107 (2) in house calendar. Short Title:Hours Alcohol Sales On-premises Consumption Page 10 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Sponsors:DURAN / STEADMAN Summary:Bill gives cities control to set hours bars could serve alcohol - either extending from 2am to 7am or restricting serving to before 2am. Local control over hours of service can be a tool to help improve response to liquor-related police calls and public drunkenness that occurs at 2am. Status:01/16/2014 Introduced In House - Assigned to Local Government Fiscal Notes:Fiscal Note Analyze This Comments: Support: Fri, January 17, 2014, by Dan Weinheimer (dweinheimer@fcgov.com) (17-Jan-14) CML comments: CML has long argued that municipalities should have the maximum amount of discretion when it comes to liquor-licensed establishments and their operations within municipal boundaries. Because the state beer and liquor code is a matter of statewide concern, any expansion of the authority granted to municipalities and counties must be done through statutory change. HB 14-1132 would allow a municipality (or a county for unincorporated areas) to establish hours of operation for liquor establishments licensed for on-premise consumption that are different than the currently allowable 7 a.m. to 2 a.m. The change could only be made by adoption of an ordinance or resolution of the local governing body and could either expand or reduce the hours of operation to something that is locally appropriate. Interestingly, this would conform the liquor code to the retail marijuana code, in which local control over hours of operation is already established. CML anticipates strong support from municipalities, and staff will present the bill to the CML Executive Board at its Jan. 27 meeting to confirm the League's support for the bill. HB14-1152 Passive Surveillance Records Comment:LPA pg 29, Public Safety #9, "Support legislation that maintains or enhances the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations." Position: Calendar Notification: NOT ON CALENDAR Short Title:Passive Surveillance Records Sponsors:LAWRENCE / SCHEFFEL Summary:Use of passive surveillance can reduce staffing needs. Arbitrarily reducing retention of records may result in reducing effectiveness of Page 11 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm the programs in achieving their crime reduction goals. Status:01/17/2014 Introduced In House - Assigned to Judiciary Fiscal Notes: Analyze This Comments: HB14-1164 Nonpartisan Elections Not Coordinated Cnty Clerks Comment:LPA pg 19, Home Rule, #1 "Support legislative efforts to strengthen home rule authority of municipal governments." Position: Calendar Notification: Wednesday, January 29 2014 GENERAL ORDERS - SECOND READING OF BILLS (2) in house calendar. Short Title:Nonpartisan Elections Not Coordinated Cnty Clerks Sponsors:HULLINGHORST / ULIBARRI Summary:Improving the election codes help the City conduct better elections. Status:01/27/2014 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole Fiscal Notes:Fiscal Note Analyze This Comments: SB14-002 Safe2tell Program In Department Of Law Comment:LPA pg 28, Public Safety #7, "Support legislation that has the potential to reduce incidents of violence in the community, especially through the development of treatment and intervention programs for youth." Position:Support Calendar Notification: Thursday, February 6 2014 SENATE FINANCE COMMITTEE Upon Adjournment SCR 354 (1) in senate calendar. Short Title:Safe2tell Program In Department Of Law Sponsors:CARROLL / FERRANDINO Summary:Safe2Tell can help protect students and promote school safety by providing a process to report violent threats. Status:01/23/2014 Senate Committee on Education Refer Unamended to Finance Page 12 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Fiscal Notes:Fiscal Note Analyze This Comments: SB14-007 Cnty General Fund For Road & Bridge Flood Damage Comment:LPA pg.26, Safe Community strategic objectives, "Support community wide planning, preparedness and recovery from community disasters." Position:Support Calendar Notification: NOT ON CALENDAR Short Title:Cnty General Fund For Road & Bridge Flood Damage Sponsors:LUNDBERG / FOOTE Summary:Allowing counties more financial flexibility to fund bridge and road repairs helps the community to recover and has an impact on safety and local economic activity. Status:01/28/2014 Introduced In House - Assigned to Local Government Fiscal Notes:Fiscal Note Analyze This Comments: SB14-009 Disclose Separate Ownership Mineral Estate Comment:LPA pg. 17, Oil and Gas #6, "Support legislation to better balance surface ownership with mineral right ownership." Position:Support Calendar Notification: NOT ON CALENDAR Short Title:Disclose Separate Ownership Mineral Estate Sponsors:HODGE / MORENO Summary:Disclosure of a split estate at sale helps residents be more informed about potential oil and gas activity before purchase of a home. Status:01/24/2014 Introduced In House - Assigned to Transportation & Energy Fiscal Notes:Fiscal Note Analyze This Comments: Support: Fri, January 10, 2014, by jstokes@fcgov.com (10-Jan-14) This is a no brainer - and should already be required. Monitor/Support: Fri, January 10, 2014, by cwebb@fcgov.com Page 13 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm (10-Jan-14) medium N/A: Fri, January 10, 2014, by jstokes@fcgov.com (10-Jan-14) Helps the City when purchasing split estate properties. N/A: Fri, January 10, 2014, by jstokes@fcgov.com (10-Jan-14) Positive both for the City organization and the community. SB14-010 Manufactured Home Communities Comment:LPA pg. 24, Affordable Housing #3, "Support legislation that protects the rights of low-income and/or disabled residents in tenant-landlord disputes, especially as it relates to safety issues." Position: Calendar Notification: Wednesday, January 29 2014 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 356 (4) in senate calendar. Short Title:Manufactured Home Communities Sponsors:KEFALAS / FISCHER Summary:Providing resources and options for manufactured home community tenants can benefit the community. Status:01/08/2014 Introduced In Senate - Assigned to Judiciary Fiscal Notes:Fiscal Note Analyze This Comments: SB14-017 Limit Use Of Ag Water For Lawn Irrigation Comment:LPA pg. 23, Water Supply and Quality, #2 "Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits." Position: Calendar Notification: Thursday, February 6 2014 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 1:30 PM Old Supreme Court Chambers (1) in senate calendar. Short Title:Limit Use Of Ag Water For Lawn Irrigation Page 14 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Sponsors:ROBERTS / VIGIL Summary:State mandated land use planning is inconsistent with this policy. Status:01/08/2014 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Analyze This Comments: Strongly Oppose: Mon, January 27, 2014, by weckman@fcgov.com (27-Jan-14) This bill encroaches on our ability to regulate land use as a HOME RULE CITY. Strongly Oppose: Mon, January 27, 2014, by weckman@fcgov.com (27-Jan-14) Encroachment by the State on Home Rule power. Strongly Oppose: Mon, January 27, 2014, by weckman@fcgov.com (27-Jan-14) same SB14-022 Community Development Financial Institutions Comment:LPA pg. 24, Affordable Housing #1, "Support legislation that maintains or enhances current levels of funding for affordable housing throughout Colorado." Position:Support Calendar Notification: NOT ON CALENDAR Short Title:Community Development Financial Institutions Sponsors:KEFALAS / FIELDS Summary:Bill adds a funding tool to create affordable housing by allowing investment of reserves. Status:01/08/2014 Introduced In Senate - Assigned to Finance Fiscal Notes: Analyze This Comments: Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) low Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) More and more diverse institutions may qualify to foreclose on properties within the city Neutral: Fri, January 10, 2014, by cvidergar@fcgov.com (10-Jan-14) Hard to tell Page 15 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm SB14-029 Architectural Paint Stewardship Program Comment:LPA pg 18, Recycling and Solid Waste #1, "Support legislation that clarifies and broadens the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste." Position: Calendar Notification: Wednesday, February 5 2014 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 353 (1) in senate calendar. Short Title:Architectural Paint Stewardship Program Sponsors:NEWELL / FISCHER Summary:Fort Collins could increase recycling or reuse of commercial paint. This bill could assist with the City's diversion rate and reduce waste. Status:01/08/2014 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Analyze This Comments: SB14-044 Seniors Motor Vehicle Registration Tax & Fees Comment: Position: Calendar Notification: Wednesday, January 29 2014 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 353 (4) in senate calendar. Short Title:Seniors Motor Vehicle Registration Tax & Fees Sponsors:HILL Summary:Currently, owners of motor vehicles pay specific ownership tax and several registration fees, some of which are based on the age and weight of the vehicle. The bill authorizes people who are 65 years of age or older and who have lived in Colorado for 5 years to pay a flat registration fee of $34.10 and specific ownership tax of $15.90 instead of the normal fees and tax. The fees are apportioned as follows: Page 16 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm * The department or county clerk who issues the registration may retain $2 for costs; * $1.50 is for the county road and bridge fund; * 50¢ is for the Colorado state titling and registration account in the highway users tax fund; * $2.50 is for the license plate cash fund; * 50¢ is for the AIR account in the highway users tax fund; * 10¢ is for the motorist identification account in the highway users tax fund; * $13 is for the statewide bridge enterprise special revenue fund; * $2 is for the emergency medical services account in the highway users tax fund; * $12 is for the highway users tax fund. Status:01/08/2014 Introduced In Senate - Assigned to State, Veterans, & Military Affairs Fiscal Notes:Fiscal Note Analyze This Comments: SB14-045 Responsibility Local Officials Wildland Fire Mgmt Comment:LPA pg. 26, Fire Protection policy statement, "The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire." Position:Oppose Calendar Notification: Wednesday, January 29 2014 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 353 (1) in senate calendar. Short Title:Responsibility Local Officials Wildland Fire Mgmt Sponsors:LAMBERT Summary:Taking incident control during a fire or disaster from a fire department can put the public at risk and does not improve service delivery. Status:01/08/2014 Introduced In Senate - Assigned to State, Veterans, & Military Affairs Fiscal Notes:Fiscal Note Analyze This Comments: Page 17 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm SB14-046 Local Firefighter Safety Grant Program Comment:LPA pg. 27, Fire Protection #5, "Support legislation that promotes fire safety, education and prevention with the goal of reducing injury, loss of life and property damage." Position:Support Calendar Notification: NOT ON CALENDAR Short Title:Local Firefighter Safety Grant Program Sponsors:NICHOLSON / EXUM Summary:Provides resources related to firefighter safety that could improve operations of small departments serving areas surrounding the City and its watershed. Status:01/28/2014 Senate Committee on Local Government Refer Amended to Finance Fiscal Notes:Fiscal Note Analyze This Comments: SB14-054 Alcohol Beverage License Suspensions Fines Comment: Position: Calendar Notification: NOT ON CALENDAR Short Title:Alcohol Beverage License Suspensions Fines Sponsors:BALMER / PABON Summary:When the state or a local licensing authority issues a final decision suspending an alcohol beverage license or permit for 14 or fewer days, current law permits an alcohol beverage license or permit holder to petition the licensing authority for permission to pay a fine in lieu of the suspension. The licensing authority, in its sole discretion, may permit the licensee or permit holder to pay a fine if it is satisfied that: * Public welfare and morals will not be impaired by allowing the licensee to operate during the suspension period and that payment of a fine achieves the appropriate discipline; * The licensee's books and records show, with reasonable accuracy, the licensee's projected loss of sales if the suspension occurs; and * The licensee has not had a license or permit suspended or revoked and has not had a suspension stayed by payment of a fine within the last 2 years. The bill allows a licensee, regardless of the length of an ordered suspension, to petition the licensing authority for permission Page 18 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm to pay a fine in lieu of the suspension. Additionally, the licensee may petition to pay a fine, and the licensing authority may grant the petition, regardless of whether the licensee had a license suspended or paid a fine in lieu of a suspension within the prior 2 years. The bill retains the requirement that a licensee must not have had a license or permit revoked within the prior 2 years in order to petition to pay a fine in lieu of a suspension. Status:01/27/2014 Senate Committee on Business, Labor, & Technology Refer Unamended to Finance Fiscal Notes:Fiscal Note Analyze This Comments: SB14-073 Brownfield Contaminated Land Income Tax Credit Comment:LPA pg. 19, Climate and Environmental Protection #3, "Support legislation and regulations to promote pollution prevention." Position: Calendar Notification: NOT ON CALENDAR Short Title:Brownfield Contaminated Land Income Tax Credit Sponsors:JAHN / GEROU Summary:Cleaning up brownfields provides environmental and community health benefits. Status:01/14/2014 Introduced In Senate - Assigned to Business, Labor, & Technology Fiscal Notes: Analyze This Comments: SB14-089 Prohibit State Agreements Payment In Lieu Of Tax Comment: Position: Calendar Notification: Tuesday, February 4 2014 SENATE FINANCE COMMITTEE 2:00 PM SCR 354 (3) in senate calendar. Short Title:Prohibit State Agreements Payment In Lieu Of Tax Sponsors:SCHWARTZ / FISCHER Summary:Capital Development Committee. The bill clarifies that the state is Page 19 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm exempt from any requirement for a payment in lieu of property taxes for property that it owns or leases. The bill also specifies that neither the state nor any of its political subdivisions may agree to make any form of a payment in lieu of property taxes in connection with any property that it owns or leases. Status:01/14/2014 Introduced In Senate - Assigned to Finance Fiscal Notes:Fiscal Note Analyze This Comments: Neutral: Tue, January 28, 2014, by jvoss@fcgov.com (28-Jan-14) Low importance SB14-103 Phase In High-efficiency Water Fixture Options Comment:LPA pg. 22, Energy #5, "Support legislation that reduces community energy use and net energy use of existing buildings." Position: Calendar Notification: NOT ON CALENDAR Short Title:Phase In High-efficiency Water Fixture Options Sponsors:GUZMAN / FISCHER Summary:Energy efficient fixtures can reduce water use thereby reducing energy needs. Lower water and energy use reflect policy priorities of Fort Collins. Status:01/24/2014 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Analyze This Comments: SB14-121 Assistance To Loc Gov After A Disaster Emergency Comment: Position: Calendar Notification: Tuesday, February 11 2014 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 353 (1) in senate calendar. Short Title:Assistance To Loc Gov After A Disaster Emergency Sponsors:LAMBERT / YOUNG Summary:In the event of a declared disaster emergency, the bill authorizes the governor to determine the percentage at which the state and a local Page 20 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm government will contribute moneys to cover the nonfederal cost share required by federal law when the disaster emergency triggers federal assistance to the local government through the federal emergency management agency. As soon as practicable after making such a determination, the governor is required to notify the joint budget committee of the source and amount of state moneys that will be contributed to cover the nonfederal cost share. Status:01/27/2014 Introduced In Senate - Assigned to Local Government Fiscal Notes: Analyze This Comments: SB14-129 Marijuana Criminal Provision Clean Up Comment: Position: Calendar Notification: NOT ON CALENDAR Short Title:Marijuana Criminal Provision Clean Up Sponsors:STEADMAN / MAY Summary:Section 1. The bill adds consumption and possession of marijuana and possession of marijuana paraphernalia to the crime of underage possession or consumption of alcohol. The bill changes the penalty structure for the crime as follows: * For a first offense, there is a fine of up to $100 or a requirement to attend substance abuse education classes; * For a second offense, there is a fine of up to $100; a requirement to attend substance abuse education classes; if appropriate, an order for a substance abuse assessment and any treatment recommended by the assessment; and up to 24 hours of public service; and * For a third or subsequent offense, there is a fine of up to $250, an order for a substance abuse assessment and any treatment recommended by the assessment, and up to 36 hours of public service. Section 2. Under current law, the P.O.S.T. board is encouraged to offer an advanced roadside impaired driving training course at basic academy training. The bill encourages the P.O.S.T. board to offer the course as an elective to basic field sobriety training recertification. Section 3. The bill changes the open marijuana container crime to require that prosecution prove that the container has a broken seal, that the contents were partially removed, and that there is evidence that marijuana was consumed in the vehicle. Current law only requires proof of one of those 3 elements. Sections 4 through 9. The bill makes conforming amendments. Status:01/27/2014 Introduced In Senate - Assigned to Judiciary Page 21 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm Fiscal Notes: Analyze This Comments: SB14-134 Repeal Statutory Water Quality Fee Schedules Comment: Position: Calendar Notification: NOT ON CALENDAR Short Title:Repeal Statutory Water Quality Fee Schedules Sponsors:HODGE / MAY Summary:Joint Budget Committee. Section 1 of the bill: * Repeals the water quality control fund and the statutory schedule of fees applicable to numerous categories and subcategories of water quality discharge permits; * Creates the public and private utilities fund, construction fund, commerce and industry fund, pesticides fund, and water quality certifications fund; * Identifies the particular entities that must pay fees into the new funds and the services for which the fees must be set to cover; and * Gives the water quality control commission rule-making authority to set the fees for the various funds and categories of water quality discharge permits. The animal feeding operations fund is reenacted, as are the procedural requirements applicable to the review, issuance, and appeal of water pollutant discharge permits. Sections 2 through 4 make conforming amendments. Section 5 repeals the drinking water cash fund's statutory schedule of fees applicable to numerous categories and subcategories of public water systems and gives the water quality control commission rule-making authority to set the fees. Status:01/27/2014 Introduced In Senate - Assigned to Appropriations Fiscal Notes: Analyze This Comments: Page 22 of 22State Bill Colorado - Bill Dossiers 1/29/2014file://G:\2014\Crane 2014\LRC\2 4 2014\LRC020414 Bill Dossiers.htm