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Subject:LRC MEETING MINUTES
Creator:Andrea RIEGER /CFC/0l Dated:01/21/94 at 1234.
LEGISLATIVE REVIEW COMMITTEE
MEETING MINUTES
JANUARY 14,1994
MEMBERS PRESENT:Chris Kneeland,Chairperson
Alan Apt
STAFF PRESENT:Guy Boyd
Jerry P.Brown
Pete Dallow
Susanne Edminster
Stewart Ellenberg
Ken Forest (PR-i)
Tom Gallier
Mike Pretz
Andrea Rieger
Tom Shoemaker
Brian Woodruff
Meeting called to order at 12:00.
1.UPDATE ON SCHOOL FINANCE STATUS AND BILL:
Ken Forest from PR-i distributed preliminary enrollment
projections.PR—i will have enough space,but operational budgets
will be tight.He also handed our a briefing paper from the
Coalition for a Through and Uniform Colorado Public Education
system,which is a coalition of eight similar school districts.
This briefing paper outlines the important issues this Coalition
has identified,and contains specific recommendations for changing
school funding.(Please contact Andrea if you would like a copy of
this briefing paper.)
Under the proposed school finance act,Poudre R—l would not be at
their spending limit as imposed by Amendment 1.However,because
PR-l won’t be funded at their maximum limit under Amendment 1,the
“ratchet—down”effect will take place the following year,and their
expenditure limit will be lower.
Under the new school finance act,Poudre R—l would be in a “hold
harmless”category,where they would not lose any money,but would
not gain additional dollars either,beyond the additional funding
on a per student basis,for new students.While PR-l is projecting
550 new students,they will have to cut their budget.If PR-i had
the same funding as Cherry Creek,their budget would increase by
$12M.(Both Cherry Creek and Boulder approved increases in local
funding on a regular basis.This increased local share is
considered when calculating the state’s portion.)
Except for the “J—Curve”,components of the School Finance Act are
outstanding.PR—l feels that additional money for increased size
would be more appropriately addressed through an at—risk
calculation.Ken will work with Andrea and Susanne to draft a
letter for Mayor’s signature,expressing concern with the “J—
Curve”.
2.FINANCIAL BILLS:
It is rumored that there will be legislation which would create a
permanent Tax Policy Committee and a permanent Tax Policy Advisory
Committee.We may also see a bill on tax increment financing.
SB 3 was introduced by Senator Mendez.This bill would change the
property tax classification on hotels and motels.May benefit
resort towns.Little to no impact on Fort Collins.
SB 22 by Senator Schroeder would continue and revise the authority
of the State Division of Securities.Finance will track.
HB 1036 by Representative Agler would repeal the intervening year
property reassessment.This may benefit the County assessor.
HB 1067 would revise procedure for the collection of property
taxes.This is a nice clean—up bill for the Treasurer’s Office.
Brief comments on SB 69.(See attachment at the end of these
minutes.)
3.NATURAL RESOURCES -BILLS AND UPDATES:
There is a bill out which would create a municipal and county solid
waste district.HB 1077 would transfer regulatory authority from
the Department of Health to the State Board of Health.Also a bill
(HB 1027)on the expansion of powers of conservancy districts.
(Natural Resources will coordinate with Water.)Staff is
monitoring all of these.
Distributed a draft letter in support of the GOCO vision statement.
The intent is to let COCO know that we are actively interested in
their actions and our programs are consistent with their mission.
Brian discussed the memo on the Air Quality Action Plan.While
City Council will review the Air Quality Action Plan in February,
this memo provides an update of the legislative portion of that
plan.Suggestion to convene a task force to study the issue of
emissions testing.Proposals could become the basis for a
legislative bill introduced in the ‘95 session or later.
Air Toxics:We can petition the Air Quality Control Commission to
include particular toxic chemicals or sources which are not listed
in state regulations.Should be able to work with the state health
department and within existing legislation (92—105)to resolve
concerns.
Will continue to explore the issue of gasoline formulation.
4.WATER ISSUES:
Tom Gallier distributed a memorandum summarizing the actions taken
by the Interim Committee on Water and State School Lands.The
Committee recommended two bills,both of which have been
introduced:
a)SB 29 deals with technical issues with the Colorado Water
Conservation Board,and has no impact on Fort Collins.
b)HB 1006 by Rep.Jerke is an honest attempt to clarify existing
state law.It would remove a requirement that person exporting
water from Colorado prove that credit will be given to Colorado for
the water under interstate water compacts.This is quite complex,
and is still being analyzed.
The Interim Committee forwarded four resolutions to the General
Assembly.They supported local flexibility in implementing federal
programs,and opposed unfunded federal mandates.Letters which
were sent are summarized in Tom’s memo.
Other water bills include:
HB 1027 which would expand the power of conservancy districts was
written for a conservancy district in Pueblo,so that it may use
its funds for recreation projects.We are only concerned with the
portion of the bill which expands pollution control abilities.
HB 1075 is being monitored and analyzed at this point.It is
sponsored by Acquafresca and would allow retention of rights by
owners participating in the “Colorado River Basin Salinity Control
Act.”
Also monitoring SB 29 which deals with water conservation board
construction fund authorizations and revisions,and with SB 55
which addresses conditional water rights.Tom will talk to the
Northern Colorado Water District Board on this bill,for their
perspective.
SB 56 Would grant seats on the Denver Water Board to its districts
outside its boundaries.The composition of the Denver Water Board
has been a long standing battle.This may set unfavorable
precedents.Will monitor.
Also expect more bills from the Colorado Department of Health,
especially with regard to threatened pollution.Congress is
working on the Safe Drinking Water Act SB 1547 and HR 3392 are
competing bills on safe drinking water.There are pros and cons to
both bills.3392 is raising environmental concerns because there
is a provision for local communities to opt out of requirements.
However,this bill has a lot of support from national organizations
because of its language on unfunded mandates.
The LRC directed that we want to be very cautious opposing unfunded
mandates.Some mandates are of such critical importance (such as
safe water)that the funding source is of secondary importance.
6.OTHER BILLS:
SB 46 would allow defendants to claim attorney’s fees in municipal
courts of record,if they were found not guilty.While Fort
Collins is not a court of record,this bill could be expanded to
include Fort Collins or we could become a court of record.This
bill would create a chilling effect on municipal prosecutions and
on citizen complaints.However,CML expects this bill to be
killed.
Guy Boyd and Mike Pretz from PFA reported that there may be a bill
which would cap investment limits (pension funds)in stocks.There
may also be a bill creating a State Fire Marshals Office and
adopting a state fire code,which would preempt ours.Staff will
monitor.
HB 1023 would require general contractors to list all their
subcontractors,and the project owner to issue joint checks and
submit to arbitration in a payment dispute.This bill would
potentially increase our administrative costs and time,although we
will also analyze for benefits to us.Purchasing will give
feedback to CML.
HB 1025 is a concealed weapons bill which would allow people from
16 —up to carry concealed weapons with a permit.This is not
something that we would support.Police to give feedback to CML.
National League of Cities will be March 12-15.Tentative briefing
papers would include briefings on safe drinking water act,perhaps
the clean water act.Also briefing papers on financial issues and
health care.If water issues are big,it would be appropriate to
send the LRC water representative.
February 3 is the CML legislative conference.
Adjourned:1:15.
**SB 69 would have adopted the Committee of Legal Services’
definition of real property (which would have included all
public property).However,this bill was amended on Friday,
Jan.14,and public property was excluded from the definition
of real property.It is expected that this amendment will
stay,and the bill should be in good shape.
End of Item 2.