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Home My WebLink AboutMinutes - Legislative Review Committee - 02/11/1994 -HPDesk Local Print for Molly DAVIS Start of Item 2. Subject:LRC MEETING MINUTES Creator:Andrea RIEGER /CFC/Ol Dated:02/18/94 at 1754. LRC MEETING MINUTES FEBRUARY 11,1993 12:00 —1:30 Members Present:Chris Kneeland Ann Azari Staff Present:Guy Boyd Jerry P.Brown Pete Dallow John Duval Susanne Edminster Stewart Ellenberg Dave Feldman Andrea Rieger Tom Shoemaker 1.SCHOOL FINANCE Ken Forest updated the committee on the school finance act —— Given the amendments made by the House Finance Committee on Feb.2, Poudre R—l will receive an additional $52 per pupil during ‘94—’95. 2.FINANCE SB 68 —This bill allows a judgement debtor to pay a minimum amount of debt while enrolled in a debt management plan with a licensed debt adjuster.It makes no provision to enable a judgement creditor to protect its interests from the debtor who may use the debt management plan until an opportunity arises to leave. Creditors,such as the City would then be left without resources to recover the remaining debt and invested costs of collection. The problem is that the creditor has no voice in the process,and it could delay receipt of municipal money.Susanne will work for an amendment where all parties are considered,and so that current municipal processes aren’t effected. HB 1112 —Regulation of practices related to consumer debt.A section of this bill would make the fair debt collection provisions of the Colorado Fair Debt Collection Practices Act apply to all creditors collecting their own debts regardless of whether such creditors are required to be licensed under the Act.The City is not now required to be so licensed.Susanne will try to determine what is behind this bill. HB 1296 -Development of local sales and use tax forms:A CML committee has been working on a state—wide sales tax form for all municipalities.This bill would mandate a common form,and would also require one booklet detailing all the sales tax regulations of every municipality in Cosorado.We are not sure why this is being proposed —as we are already working on the form,and the booklet seems unrealistic.CML is actively working on this bill,and we will wait to see what results their efforts have. FIB 1286 —This is the technical elections clarification bill that CML has been working on.This bill clarifies who can vote on special assessing districts.Would allow a municipality to pass an ordinance or a resolution designating who can vote on these districts.Introduced on the 7th.City will support. 3.GOVERNMENTAL IMMUNITY HB 1280 on governmental immunity was introduced.This greatly expands the City’s liability and the amount of damages we could be liable for.John Duval highlighted six major factors in the bill: a.The City would have a duty to upgrade or modernize our facilities so that they are “reasonably safe.”“Reasonably safe” is not defined. b.We would have the duty of protecting those using our facilities from other persons or animals on our facilities. c.We would waive our immunity for all acts for which are covered under our insurance policies. d.We would be liable for all dangerous conditions caused by inappropriate signs or markings on our streets. e.We would be liable for dangerous conditions at City-owned airports and sporting facilities. f.The court could allow pre—trial discovery to continue on aspects of the case while the question of governmental immunity is being decided. This would probably not effect our emergency—response liability except in the areas which are covered by our medical malpractice liability.Stewart will testify if possible at the committee hearing and send letters to our delegation. 4.POLICE We sent all legislators letters on the concealed weapons bills and followed up with phone messages to our delegation.HB 1025 seems to be moving rapidly.There are some amendments to the bill,but no major changes.SB 27 has been postponed indefinitely,and HB 1076 and SB 90 are still active.Dave will continue to try to provide input to legislators as appropriate,and support the efforts of other law—enforcement agencies. 5.TRANSPORTATION Eric Bracke provided a written analysis of SB 105.This bill would give power to the Colorado Department of Transportation to construct and maintain a Denver Regional Beltway,and the bill would dissolve the current E—470 authority.CDOT could go to the voters and issue bonds,incur debt and charge tolls for the facility.The bill defined a Regional Transportation Authority Area which would include Larimer County.Eric is further analyzing how this bill would or would not support the City’s goal of encouraging alternative transportation.In addition,Brian Woodruff will also look at the bill in light of air quality concerns.It is positive that the bill includes Larimer County and that authority is returned to the Department of Transportation. 6.NATURAL RESOURCES SB 86 —the trash hauler’s bill seems to be on line.CML’s amendments have been added.As long as these amendments remain intact,the City’s options for trash services will be preserved. Tom will continue to monitor. fIB 1168 -pesticide preemption:Seems to still apply only to labeling.Will continue to monitor. 7.PFA HB 1249,sponsored by Peggy Reeves,would allow 75%of police and fire pension funds to be invested in stocks.Was amended in Local Government on Wednesday to be 65%.Some concerns that this bill would place increased financial responsibility on the employer. Amended the bill to be neutral on this issue.Initially,in the committee hearing,the risk of not increasing investment limits was not well understood.Please contact Guy with additional questions or concerns. 8.CONSUMER PROTECTION BALLOT INITIATIVE Basically this initiative would: a.Define governmental business activity as a function of government which offers products or services to the public for which there are “reasonable substitutes”offered by the private sector.“Reasonable”is not tied to cost. b.Would prohibit the ability of any portion of the City to engage in lobbying activities.“Lobbying activities”are defined as contacting or soliciting others to contact elected representatives to influence legislators.Practically,City employees could not communicate with legislators,and professional (governmental) associations engaging in lobbying activities would also be prohibited from those activities. c.All governmental business activity would come under all laws concerning other private business activities to include taxes. Liability as currently limited by the doctrine of governmental immunity would not apply to a governmental business activity. d.Council could declare that there is a compelling public purpose for various governmental activities,and as essential to its citizens.This would waive some of the provisions of this amendment. If this initiative is successful,it would create a new constitutional amendment.The City Clerk’s Office believe that the City could spend up to $50 answering questions and can dispense factual information on this initiative.Elected officials can take any position they choose. C C The Committee on Legal Services may try to change the title to “Governmental Business and Lobbying Activities.”We will monitor. Susanne to prepare a memorandum to Council explaining this initiative. 9.WATER Tom Gallier provided a written update on all water issues.Two bills were highlighted: SB 95:This is Senators Cassidy’s basin or origin bill which would tie up the City’s transbasin diversions.Tom was prepared to testify,but the bill has been taken off the calendar.Cassidy does have late bill status for this,so we will continue to monitor. HB 1006 on the administration of interstate diversions was postpone indefinitely. 10.OTHER BUSINESS SB 127 would create personal liability for violations of the Campaign Reform Act.The bill also contained amendments to the Campaign Reform Act. 11CR 1002 -Would allow the voters to decide whether lottery money should be spent on schools. End of Item 2.