HomeMy WebLinkAboutMinutes - Legislative Review Committee - 02/12/1998 -Administrative Services
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300 LaPorte Avenue •PC.Box 580 •Fort Collins,CO 80522-0580
(970)221-6790 •FAX (970)221-6329
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LEGISLATIVE REVIEW COMMITTEE MEMBERS
Council Members
Ann Azari Mayor (970)221-6505
Scott Mason Councilmember 221-6505
Will Smith Mayor Pro Tern 221-6505
Staff Members
John Fischbach City Manager
Guy Boyd Poudre Fire Authority,
Director of Administrative Services 221-6570
Stewart Ellenberg Risk Manager 221-6774
Marty Heffeman Assistant to the Director of Cultural,Library
and Recreational Services 221-6064
Randy Hensley Transportation Services 221-6608
Diane Jones Deputy City Manager 221-6505
Alan Krcmarik Finance Director 221-6788
Blair Leist Assistant to the Director of Administrative Services 221-6796
Legislative Affairs Coordinator
Gale McGaha Miller Water Quality Technical Manager 221-6231
Rita Davis Executive Project Manager,Police Services 221-6628
Rondall Phillips Director of Transportation Services 221-6615
Steve Roy City Attorney 221-6520
Tom Shoemaker Natural Resources Director 221-6263
Michael Smith Water/Wastewater Utilities Director 221-6681
Liz Stroh Integrated Resources Manager 221-6522
Bill Switzer Utility Economist,Light and Power 221-6713
Tom Vosberg Community Planning and Environmental Services
Policy Analyst 221-6224
Kevin Wilson Fire Marshall,Poudre Fire Authority 221-6570
Brian Woodruff Environmental Planner 221-6604
Legislative Review Committee
Council Member-Staff Meeting
Meeting Minutes for February 12,1998
Council Attendance:Ann Azari,Scott Mason,Will Smith
Staff Attendance:Rita Davis,Marty Heffernan,Alan Krcmarik,Ron Phillips,Steve Roy,
Lucinda Smith,Bill Switzer,Tom Vosburg,Blair D.Leist (Recorder)
I.CML Policy Committee Update—Will Smith
1-1131262:Important to establish City position and contact Steve Johnson
SB6:FEB.12th UPDATE FROM CML (following LRC meeting)
Yesterday Sen.Ament announced that he intended to kill his own standing
bill,SB 6,and start all over again.He will return with a late bill with a
narrower bill title that will simply address the authority of political
subdivisions of the state to assert their property and contract rights in cases
involving regulatory actions by the FEDERAL GOVERNMENT.In
other words,the late bill will not address additional standing for political
subdivisions of the state to sue each other,and thus the concerns expressed
by some municipalities about the standing issue will no longer be reflected
in the bill.The late bill may be one that CML will support,subject to further
discussion by the Executive Board.
51337:The Liquor Enforcement “Sting”bill has been amended to include the penalty
guidelines as recommended by CML.
SB17O:Norton’s bill supporting transportation through state surplus revenues is now
supported by CML
HB1O3O:The taxation of wireless carriers bill needs to be closely monitored by the City.
II.Legislative Review--Blair Leist
The City of Fort Collins List of Followed Bills and the List of CML Followed Bills has
been updated to reflect newly introduced legislation.Much to the surprise of CML,the
Session is significantly quieter than expected.In fact,several of the bills that the City
has opposed have already been killed in committee;especially in regards to land use and
public safety.
III.Legal--Steve Roy
5B006:City is opposed to any implication of monetary damages,but action taken may
change per the CML update above.
IV.Finance and Taxation--Alan Krcmarik (Summary Attached)
Seven new bills,particular to state surplus revenues,have been reviewed.The bills
include 5B140,169,170,and HB1202,1212,1263,1275.Action is to monitor.
V.Air Quality--Lucinda Smith (Summary Attached)
None of the air quality bills require any City action;HB1 109,no municipal impact;
0
HBI 106,monitor;HB1003,monitor;SBOO4,no municipal impact.
VI.Transportation--Ron Phillips
SB17O:This bill increases funding for transportation from state surplus revenues.
Supports local shareback and flexible funding.
Action:Ron has submitted an AIS and resolution for Council adoption in
support of this bill.
HB1256:Similar to SBI7O except that the bill provides funding for transportation,k
12 and higher education.Bill sponsor may amend bill to remove funding
for higher ed.
Action:Monitor
VII.Public Safety
Several of the bills which were of concern to Police Services have died in committee.
Those remaining actions include:SB99,monitor;HB 1091,support;HB 1102,monitor;
FIB1 148,oppose and provide LRC with a policy summary of what currently open and
available in regards to viewing records;HB1260,oppose and if good chance of bill
passing send letters.HB 1187 will also be reviewed by Rita.
VIII.Other Business
Deregulation:SB 152 is Sen.Wattenberg’s study bill.Staff recommends support
Action:Request that the Mayor contact Bob Bacon for his support (Summary
attached).
Deregulation:HB1285 is a bill which tries to direct specific aspects of deregulation.It
has the right intentions,but has significant problems Staff recommends
oppose (Summary attached).
Respectfully Submitted this 12th day of February,1998
Blair D.Leist
February 12,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
Air Quality
004 Applies standards to activities Norton Health,Ed,Reeves Analysis pending Ml Pending NR Woodruff
on public property Welfare,Inst.
1003 Removes state Schauer Business None Analysis pending MI Pending NR Woodruf~a.
implementation plan req’s.
which are more stringent than
federal mandated req’s.
1081 Req’s.Certain reporting by Bacon Senate None Analysis pending Ml Pending NR Woodruff
owners of vehicles within the Transportation
AIR program
1106 Adds new or improved tech.Tucker State Affairs Bacon Analysis pending Ml Pending NR Woodruff
As grounds for AQCC to
revise SIP plans or air quality
regs.or standards
1109 Addresses req’s.of fed Taylor Agriculture Johnson Analysis pending Ml Pending NR Woodruff
agencies conceming activities
on fed,lands.
Elections
1105 CML sponsored bill Anderson Loc.Govt.Johnson The Clerks Office supports this bill because I)clarifies Support Staff:support Clerks It.Harris
simpli~’ing reporting who is the appropriate officer to file reports with during A.Jensen~
requiremnts for bc.govt a particular election 2)eliminates the requirement that a
candidates under the Fair candidate in a local election file campaign reports every
Campaign Practices Act,month beginning the sixth fill month before an election
and 3)eliminates quarterly filings following an election
until the candidate has a zero balance.
Finance and Taxation
32 Modifies bc.govt.audit law Reeves Loc.Govt.Reeves Causes more differences between state and local tax Municipal Staff and LRC:Finance ICrcmarik
to provide more flexibility bases.May shift expenditures.Interest Oppose,but not a
regarding req for inventory of strong position.
property
49 Restricts state and bc.taxes Schroder Business Matsunaka Minor change to state law Reviewed by CML and other Oppose Staff and LRC:Finance Krcmarik
related to Internet transactions cities;provides some additional flexibility Not abig Support,but no action.
concern for Fort Collins
February 12,1998
Completely exempts personal
property from taxes without
replacing local revenue loss,
subject to referendum
City of Fort Collins List of Followed Bills (1998 Session)
92
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept Person
64 Provides for state and local Arnold Transport None Creates more differences between state and local sales Municipal Staff and LRC:Oppose Finance Krcmarik
sales and use tax refunds tax base.Interest
when automobile is resold
within 30 days
Duke Finance None Major revenue impact to City.Refers question to voter.Oppose Staff and LRC:Oppose Finance Krcmarik
a
94 Provides aproperty tax credit Mutzebaugh Finance None Large impact to school district,county,and other entities Municipal Staff and LRC:Oppose Finance Krcmarik
for the elderly which reduces that rely on property tax revenue.Interest
local tax revenues
100 Specifies that utility and other Ament Finance None Specifies that pipelines,utility lines,and Municipal Staff and LRC:Finance Krcmarik
peoperty installed in telecommunications lines are personal property.Interest Monitor
easements or ROWs will be
treated as personal peroperty
for tax purposes
101 Exempts clothing and Blickensderf Finance None Causes differences between state and local tax bases.Municipal Staff and LRC:Finance Krcmarik
footwear from state and local er May shif expenditures.Interest Oppose,but no strong
sales and use taxes,action.
1005 Increases amount of business Spradley Finance Tool Provides a partial exemption for business personal Oppose Staff and LRC:Oppose Finance Krcmarik
personal property tax property.Phases out personal property over 8 year
exemption with only partial period.
state revenue replacement for
bc.govt.
1020 Relaxes req’s.for bc.govt.Taylor Loc.Govt Johnson Increases the local govt.exemption for small bc.govts.Support Staff and LRC:Support
having small budgets from $50,000 to $100,000.
Finance
1030 Exempts value of FCC Agler Finance Tool Decreases tax revenue Municipal Staff and LRC:Oppose Finance Krcmarik
licenses granted to wireless Interest
carTers from property taxes
1065 Repeals state sales tax on McElhany Finance Tool Repeals state sales tax on telephone and telegraph Oppose Staff and LRC:Lean to Finance Krcmarik
telecommunication services services.Current version allows local governments to oppose,but monitor for
and reqs.bc.govt.to act tax such services,now
affinnatively in order to retain
the tax
1069 Enacts state programs to assist George Loc.Govt.Johnson An assistance program for cities and towns experiencing Municipal Staff and LRC:Finance Krcmarik
growth impacted bc.govt.Appropriations Bacon rapid growth.Sets up apilot program and iniitial Interest Monitor,lean toward
fending for program.support.
Krcmarilc 4.)
February 12,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1085 Authorizes direct payment of 0.Berry Finance Tool Exec.Director of State Dept.of Revenue may issue Municipal Staff and LRC:Oppose Finance I(scmarik
state and local sales and use direct payment permits to certain qualified vendors.Interest
taxes by large businesses.Permits have been problematic for City
1100 Permanently reduces state Lambom Finance Tool No directldetrimental impacts to City Municipal Staff and LRC:Finance Krcmarik
income tax rate from 5 to Interest Monitor
4.75%;subject to refendum
Human Resources
1145 Subjects bc.govt employers Zimmerman Loc.Govt.Johnson Oppose Pending HR Shae-Reid
to state investigation and
litigation proceedings when Killed in Committee
employees allege bc.govt.
retalieation actions agains
their employees.
Light and Power
152 Provides for a study of Wattenberg Business Matsunaka Analysis Pending Support Pending Light Sc Switzer
electric power retail Power
competion
1284 Reqs.implementation of Schauer Business None Analysis Pending Oppose Pending Light Sc Switzer
electric power retail comp.Power
1285 Imposes conditions on Veiga Business None Analysis Pending Municipal Pending Light Sc Switzer
implementation of electric Interest Power
power retail wheeling to
protect consumers and the
environment.
Land Use
1129 Eminent Domain—Prohibits Salaz Loc.Govt.Johnson Killed in Committee Municipal Staffi oppose ROW Mills
generally for purpose of Interest Trans Phillips
reselling to private persons Or ROW—The bill is not necessajy becauseI)if a CPES Vosburg
entities for commercial use municipality can’t prove “public need”it can’t condemn
anyway and 2)in “partial take”situations,such as
acquiring street ROW,the city might be required to
obtain excess property as an uneconomic unit—property
has no economic value.
February 12,1998
City of Fort Collins List of Followed Bills (1998 Session)
Bill may be beneficial in that it enables cities to
challenge,on “takings”grounds,the regs.of other govt.
entities.Goes too far in authorizing govt.entities to
recover monetary damages against one another
Staff and LRC;Amend
to limit to injunctive
relief rather than
monetary damages.
Natural Resources
The lottery has been very beneficial to the City.
Conservation Trust Funds (40%of GOCO finding)have
provided finding for trails ($3.5 million),open space
purchases ($2 million)and trail and open space
maintenance ($1.5 million).GOCO grant dollars to the
City include $3.4 million for the Poudre-Big Thompson
Rivers Legacy Project,finding for the Poudre River
Gravel Study,renovation of Sheldon Lake and various trail
projects.
006
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept Person
1163 Annexation—Severely restreict Sullivant
municipal annexations Killed in Committee
Legal standing
Confers on political
subdivisions standing to assert
or defend property or contract
rights
Ament Agriculture None Ml Au.S.Roy
C)
1006 Creates state find to promote Adkins Appropriations Bacon The bill I)appropriates moneys from the State General MI Staff and LRC:Support NR Shoemaker
conservation of endangered Fund and would amount to ~.g million for FY 1998 and
species FY 1999;2)does not directly affect local government and
does not impose any regulatory obligations or provide any
finding to local government;3)creates a separate Species
Conservation Trust Fund within the state treasury which
can be used only for the conservation of federally or state
listed threatened or endangered species,or native species
in Colorado that are in danger of becoming threatened or
endangered;4)indirectly affects Fort Collins to the extent
that the City is aparty to,or affected by,cooperative
agreements or programs for the recovery of threatened or
endangered species.Analysis attached.
Parks and Recreation
Extends Lottery sunset from
1999 to 2014
Bishop House Finance Tool Support Staff and LRC:Support CLRS Heffernan
f
65 Provides for video lottery Lacy Appropriations None Not a good bill,but does not warrant any City action.Municipal Staff and LRC:CLRS Heffernan
tenninals at race tracks and Interest Monitor
allocates dome profits to
Colorado promotion find
City of Fort Collins List of Followed Bills (1998 Session)
February 12,1998
Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff
Description Sponsors Assigned Legislator Analysis Position Position Dept.Person
1113 Authorizes scratch games Lawrence Senate State None Has the potential to provide 56-8 million to Great Municipal Staff and LRC:CLRS Heffernan
based on Bingo Affairs Outdoors Colorado Interest Monitor
—
Police
31 Modifies youth crime Linkhart House Floor All Local Requires results-oriented criteria for measuring program Ml Support Police Davis
prevention and intervention House Reps effectiveness and person served by program to be tracked
programs for 2 years.
37 Restricts disciplinary action Lacy Business Matsunaka Sets limits on the disciplinary actions that may be taken Oppose Monitor Police Davis
when “sting”operations against a retail licensee of alcoholic beverages when
uncover illegal sales to minors caught in asting using a person under 21 years of age.
81 Authorizes carrying of Choulber Killed in committee Oppose Oppose Police Davis
concealed weapons and
preempts local regulation
96 Contains misc,revisions,-Congrove Judiciary None Killed in Commiftee Oppose Oppose Police Davis
including some reductions in
crimes and preemption of A mixture of changes to the law that makes the criteria
local authonty ..for violation or proof of violation more stringent.Fewer
people will be found in violation of the law under the
criteria of this bill.All repeals the crime of bringing
alcoholic beverages or cans into the major league
baseball stadium.Prohibits local governments from
enacting measures that restrict the affirmative defenses to
the crime of unlawful weapon possession.Downgrades
the severity of criminal charges for contributing to the
delinquency of minors and for introducing drugs and
alcohol into a detention facility.
97 Further restricts govt.Congrove Judiciary None Killed in Committee Municipal Oppose Police Davis
authority for wiretapping and Interest
eavesdropping Adds tracking devices to the definition of electronic
communications.Clarifies that governmental employees
are not authorized to intercept cell phone signals without
awarrant.Establishes additional limitations on the
issuance of warrants.
99 Authorizes local needle Wham Judiciary Tool Significant concerns over the effectiveness of the Municipal Oppose Police Davis
exchange programs programs.Encourages drug use and abuse.Interest
February 12,1998
1034 Regulates dissemination of Snyder Killed in committee Municipal NA Police Davis
infonnation about sex Interest
offenders
1091 Increases penalty for weapons Epps House Bacon Increases penalty for possession of a weapon for Municipal Support Police Davis
possession by felons Appropriations convicted felons from a class I misdemeanor to a class 6 Interest
felony.
1102 Modifies Colorado’s instant Owen House Floor All Local As introduced,conformed state law to implementation of Municipal Monitor Police Davis
criminal background check House Reps Brady law and also made some changes in instacheck Interest
system for weapons that were inconsistent with Brady.Inconsistent parts
have been removed.
1148 Open records—Req’s.law Schauer Judiciary Kaufman Bill adds more specificity and detail to what has to go Municipal Oppose Police Davis
enforcement agencies to into public records regarding criminal investigations.Interest
prepare and make available to Bill gets very specific.may cost considerable amounts to
the public specified arrest and comply and may hamper investigations.
incident reports
1260 Preempts weapons regulations Salaz State Affairs None The bill makes firearms an issue of statewide concern Municipal Oppose Police Davis
by local governments and I)preemts bc.govt’s.from adopting ordinances Interest
more restrictive than the state law and 2)makes such
ordinances unenforceable at the bc.level.
Transportation
170 Increased funding for Norton Transportation None Increases the percentage of state sales and use tax Municipal Staff:Support Transp.Phillips
transportation needs in available for transportation.Creates a surplus revenue Interest Finance )Crcmarik
Colorado transportation fund and provides for local shareback of
both new revenue sources.Refers the act to the voters
for local shareback of both new revenue sources.Refers
the act to the voters in 1998.
C)
0
DateLog Prepared:February 10,1998;10:27AM
SenateBills,Page 1
LISTOFCML FOLLOWEDBILLS (1998 SESSION)
CML Stall
Bull Sponsor Sublect Pos.~Comments
SCR GWI
1 Chlouber Privacy—amendsthe Colorado Constitution to includearight of privacy Ml DB
2 Duke Taxes—exemptsall personal propertyfromtaxationwithout providing 0 JG
replacement revenuefor local governments
3 Norton TABOR—extends for oneyear thetime period for stateto refund excess Ml SM
revenues
4 Norton Taxes—modifies various propertytaxassessment and levy provisions,Ml JO!
particularlyregarding schools SM
SJR
4 Bishop Water—authorizes funding for various wastewater systemprojects MI SS
SB
2 Wham Capital constructionfund—increases general fund transfers Ml SM
3 Bishop Lottery—extendssunset from1999 to 2014 5 SM
4 Norton Air quality—applies standards to activities on public property Ml GW
1 MI =Municipal Interest;W=Watch;0 =Oppose;S=Support;PC=CML Policy Committee
Bills that arestricken through are no longer being followed,but remain on the sheet for informational purposes
DateLog Prepared:FebrUary10,1998;10:27AM
SenateBills,Page2
LISTOFCML FOLLOWED BILLS (1998 SESSION)
5 Alexander Pensions—concerns deferred compensation assets of police officers and Ml SS
firefighters
6 Ament Standing—confers on political subdivisionsstanding toassert or defend 0 SM!
propertyor contract rights DB
7 Hopper Taxes—continues &provides additional tax credit for promoting employment of Ml SM
homeless persons
8 Wells Crimes—preliminary hearings
10 Ament Water quality—increases permit fees Ml (3W
13 Powers Healthinsurance—disclosure of PIPmanaged care options Ml 55
20 Congrove POST—contains miscellaneous revisions tothepeaceofficer standards &Ml SM amend
training law
22 Tanner Juror and witness fees—increasesfees Ml DR
24 Feeley Reporting—mandates reporting of abuse of at-risk adults MI SM
25 Rizzuto Alcohol &drug driving safetyprogram—substantially revises Ml SM!
DB
27 Reeves Countytreasurers—amends powers including granting authority toaccept Ml JG
partial payments of delinquent personal propertytaxes
28 Thiebaut Aviation—establishes programfunding airport improvementsto facilitate S JG
intrastatecommercial_service
DateLog Prepared:February 10,1998;10:27AM
SenateBills,Page3
LISTOFCML FOLLOWED BILLS (1998 SESSION)
30 Thiebaut Traffic—increases fines for unlawful useof high occupancy lanesandauthorizes Ml JG
useon atoll_basis
31 Linkhart Crimeprevention—modifies youth crime prevention and intervention programs Ml SM
32 Reeves Audits—modifies local government audit lawto provide more flexibility S SM
regarding requirements for inventory of property
33 Mutzebaugh Government efficiency—createsacommission to examine primarily state MI JG
government activities
35 Mutzebaugh Railroadtracks—replacessurvey requirement with alegal description Ml
requirement_prior to_removal_of railroadtracks
37 Lacy Beer &liquor—restricts disciplinary actionwhen “sting”operations uncover Ml 55 noposition asamended
illegal salesto minors
39 Phillips Grants to elderlyanddisabled—increases propertytaxand heat or fuel relief Ml SM
47 Ament Werkers’eomp—regulates findings off independent medical examiners Mf 66 postponed indef.
48 Powers Recycling—extends and modifies plasticsandwasteto recycling programsand Ml 6W
funding
49 Schroeder Taxes—restricts stateand local taxes relatedto Internet transactions 0 6W oppose unless amended
53 Dennis Solid wastedisposal—authorizesspecial districts to provide MI SM
54 Dennis Prisons—provides for licensing and regulation of private prisons Ml SM
55 Dennis Counties—enhances powers of counties to imposeand enforce penalties for Ml SM
violation of county laws
Date Log Prepared:February 10,1998;10:27AM
SenateBills,Page4
LISTOF CML FOLLOWED BILLS (1998 SESSION)
56 flecvc3 Tobacco—expand3 county powers to regulatc purthase by minors Mf SW postponed indef.
58 Tanner Healthinsurance—mandates certain coveragefor persons with diabetes Ml SS
64 Arnold Taxes—provides for stateand local salesand usetax refundswhen automobile Ml GW
is resoldwithin 30days
65 Lacy Lotteiy—extends lottery,provides for video lotteryterminals at racetracks,and Ml SM
allocatessome profits to Colorado promotion fund
66 Wells Jurors—facilitates juror service by persons with disabilities Ml DR
67 Johnson Taverns—allows multiple ownership subject to specified controls Ml 55/
DB
68 Blickensderfer Motor vehicletheft—revises crime and increases penalties Ml DB
69 Chlouber Limitedgaming—providesfor stateapproval of certain local land usedecisions 0 SM!
ingaming communities DB
71 Phillips Appropriations tocharities—repealsthe$5,000 per year limit applicableto S SM
statutory municipalities
73 Matsunaka Rental property—establishes various landlord-tenant rules Ml DR amend
74 Weddig Taxes—reinstatesstateand local salesand usetax exemptionfor bulksalesof Ml (3W
coins and precious metal bullion
75 Thiebaut Governmental immunity—eliminates for physicians and dentists employed by Ml SS/
public entities DB
DaleLog Prepared:February 10,1998;10:27AM
SenateBills,Page5
LISTOFCML FOLLOWED BILLS (1998 SESSION)
77 Weddig Public utilities regulates thenon utility activities of public utilities Mt SM/postponed inde{
KB
78 Ament Waterprojects—expandsand modifies eligible projects financed through the Ml 55
Colorado Water Resources &Power Development Authority Act
80 flupert Conflict resolubon —establishes astatewide communityconflict resolution Mt (3W postponed indef.
program
81 Chlouber Weapori3—authorizes carrying of concealed weapons andpreempts local B 5%’postponed indef.
regulation SB
83 Feeley Taxes—establishesastudy of stateand local government fiscal policies S JG
84 Mutzebaugh Motor vehicledealers—allows dealersto register andtitle motor vehicles 0 JO oppose unlessamended
85 Schroeder Enterprisezones—authorizes establishment of and incometaxcredits for Ml OW
investments intechnology for accessto the Internet
86 Perlmutter RTD—provides for appointment of board members Ml JO
87 Hopper Handicappedregulations—specifies application of ANSI All 7.1 pamphlet for Ml SM
design of facilities for handicapped
88 Johnson Swinefeeding—regulates operations Ml OW
89 llernandez Dogs—contains regulations applicableto dangerous dogs MI SB postponed indef.
91 Feeley Surplus—allocates excess revenuesfor school capital construction Ml SM
92 Duke Taxes—completelyexempts personal propertyfromtaxeswithout replacing 0 JO
local_revenue_loss,_subiect to_referendum
Date Log Prepared:February 10,1998;10:27AM
SenateBills,Page6
LISTOFCML FOLLOWED BILLS (1998 SESSION)
93 Linkhart Taxes—provides alternative meansto protest propertytaxes Ml JO
94 Mutzebaugh Taxes—provides apropertytax credit for the elderlywhich reduces local tax 0 JO
revenues
96 Congrovc Crimes contaln3misoellaneoup revisions,including some reductions in B 61W postponed indet
crimes &preemption of local authority
97 Congrove Wiretappingandeavesdropping—further restricts government authority for MI SM!
DB
99 Wham Needleexchange—authorizes local programs MI OB
100 Ament Taxes—specifiesthat utility and other properly installed in easements or rights-Ml JO
of-way will betreated as personal prooerty for tax purposes
101 Blickensderfer Taxes—exempts clothing and footwear fromstateand local salesand usetaxes 0 OW oppose unlessamended
to exempt local
governments and
continueto discourage
enactment
102 Linkhart Nonprofit corporations—contains numerous revisions Ml 08
104 Reeves Health insurance—requires managed careplansto provide patientswith direct Ml 53
accesstotheservices of acertified nursemidwife
107 Matsunaka Health care—imposesvarious limits on health careandworkers’compensation 0 55
plans,including prohibitions on exclusive prescription providers
DateLog Prepared:February 10,1998;10:27AM
SenateBills,Page7
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
108 Tebedo Motor vehicleinsurance—repeals requirement for insuranceand contains other MI JG
related_changes
109 Wells Rules—continues most stateagencyrules,repeals others Ml DB
110 Arnold Taxes—provides an incometaxcredit for persons contributing to school tuition MI SM
organizations_&_specified_other_education_programs
112 Coffman Taxes—concerns raising thepriority level of liensfor deferred propertytaxes Ml JG
and interest thereon.
114 Wells Pensions —concerns formulafor dividing public employee retirement benefits in Ml 55
defined benefit plans among parties to adomestic relations action
115 Alexander Communications—establishesand funds acommunications grant programfor S 55
local_government and_nonprofit facilities
116 Schroeder Taxes—establishes astatecollected locallyshared programto collect salesand MI (3W amend
usetaxes fromout-of-state retailers
117 Tanner Youth—establishesastateofficeof youth development to organizeand oversee MI SM
thecreation of comprehensive community-basedyouth development systems for
at-risk youth
122 Schroeder Communications—createsastatedepartment of communicationand MI 55
information resources and specifies various stateagencycommunication
responsibilities
123 Congrove Employment—prohibits mandatory membership inunions or payment of union Ml SS
dues or fees
DateLog Prepared:February10,1998;10:27AM
Senate Bills,Page8
LISTOFCML FOLLOWEDBILLS (1998 SESSION)
124 Schroeder Immunityfromactions in emergencysituations—concerns limited immunity for Ml SS/
architectsand engineers who volunteer services during DB
125 Chlouber Felonies—providessystemfor labeling on drivers licenses &IDs Ml JO
127 Rizzuto Education—establishes grant programfor capital facilities and provides for Ml SM
statewidebuilding standards
131 Rizzuto Cashfunds—limits Ml JO
132 Hopper Taxes—modifies assessment of property in limited gaming communities Ml JO
133 Wham Elections—modifies provisions recandidatecommittees accepting contributions Ml OW
and_authorizes_additional_uses_of unexpended_campaign_contributions
136 Mutzebaugh Ju,yservice—modifies various provisions MI DB
137 Wham HIVtesting—specifies testing and information reporting requirementswhere Ml DB
person_tested_is_charged_with_acrime_involving_sexual_behavior
138 Rizzuto Emergencypowers—terminates effecting in 2003 all emergencies declared in Ml DB
thestatebefore 1998and establishes acommission to study issueof powers
exercised inthe statedueto emergencies no longer in existence
140 Blickensderfer Taxes—allows subiect to referendumstateto retain revenuesabovetheTABOR Ml SM!
limit for purpose of reducing local school district property taxes JO
141 Blickensderfer Economic development—establishes criteriato beapplied in stategrants or Ml SM
loans
DateLog Prepared:February 10,1998;10:27AM
Senate Bills,Page9
LISTOFCML FOLLOWEDBILLS (1998 SESSION)
142 Wattenberg Air qualityandpublic utilities—establishesstateprogramto guarantee Ml 6W
applicable regulatorystandard for period of yearsandto allowutilityto recoup
costs fromratepayers
145 Reeves Elections—modifies provisions reelection iudqes Ml 6W
146 Feeley Highways—transfers,subject to referendum,on-third of statesurplus over S JG
TABORlimit to highway users fundfor distribution tostate,municipalities and
counties
148 Powers Transportation—modifies state bidding requirementsapplicableto state DOT Ml JG
150 Bishop Education—allocates subject to referendum,statesurplus above TABORlimits Ml SM
for school capital construction proiects
152 Wattenberp Electricpower retail competition —provides for astudy of S SM
153 Hernandez Animals—modifies state regulation of pet animals Ml DB
154 Linkhart Taxes—provides astate incometaxcredit for child care Ml SM
157 Tebedo Childcarehome—facilitates location of Ml SMI
DB
158 Phillips Taxes—increases incometax credit rechild care Ml SM
159 Bishop Oil &gas—regulates obligations of parties toagreements for thepayment of Ml OW
proceeds from
160 Pa3coe Landuse establishes st~ewide processand regulations applicableto MI 6f,t/postponed indef.
municipajities and counties BR
Date Log Prepared:February 1011998;10:27AM
SenateBills,Page 10
LISTOFCML FOLLOWED BILLS (1998 SESSION)
163 Dennis Small businessdevelopment—provides revolving loan fund through State MI SM
Boardfor Community Colleqesand Occupational Education
164 Pascoe Weapons—limits assault weapons sales by unlicensed persons Ml SM!
DB
166 Mutzebaugh Transportation—reconstitutes RTDBoard and State DOT Ml JG
168 Norton Education—provides stateaid for public school emergencycapital projects Ml SM
169 Norton Taxes—provides temporary incometax reductionsto refund surplus above Ml SM
TABORlimit
170 Norton Transportation—allocates surplus state revenues for state,municipal and county S JO
transportation needs
171 Lacy Broncos—modifies lawregarding public financing of anewstadium Ml KB
172 Lacy Investments—eliminates investment management feepaidto statetreasurer Ml JO
Date Log Prepared:February 10,1998;10:58 AM
HouseBills,Page1
LISTOFCML FOLLOWED BILLS (1998 SESSION)
CML Staff
81111 Sponsor Subieci Pos.’Assign Comments
HCR
1002 George Taxation—revises propertytaxassessment &taxation MI JO
1003 rfiufner Tsxation revises property taxassessment &taxation M}dE postponed indef
1004 Dean Petitions—increasessignature requirementsfor constitutional amendments Ml OW
and decreases signature requirements for statutory changes
1005 Pankey Transportation—concerns pledging of certain state-owned property for the Ml JO
financing of transportation systemprojects through public-private partnerships
HJR
1007 Entz Water—authorizes and eligibility of communities for drinking water funding MI SS
HB
1001 May Transportation—TLRCcontaining numerous miscellaneous changes including MI Jo amend
establishing an infrastructurerevolving fund
1003 Schauer Air quality—removes state implementation plan requirements which aremore Ml 6W
stringent than federal mandated requirements
1004 Epps Domestic violence—provides for licensing of treatment providers Ml SM
1MI =Municipal Interest;W=Watch;0 =Oppose;S=Support;PC=CML Policy Committee
Bills that arestricken through are no longer being followed,but remain on the sheet for informational purposes
Date Log Prepared:February 10,1998;10:58AM
House Bills,Page2
LIST OF CML FOLLOWEDBILLS (1998 SESSION)
1005 Spradley Taxes—increases amount of business personal propertytaxexemption with 0 JO opposeunlessamended
only partial stalerevenue replacement for local governments toavoid revenuelossto
municipalities
1006 Adkins Endangeredspecies—creates statefund to promote conservation of S OW
1007 Spradley Public Utilities Commission—continues PUC Ml OW
1009 Sullivant Firesuppressionsystems—continues and modifies state program Ml SM
1010 0.Berry Electricians—continues state regulationwith substantial modifications Ml SM amend
1011 Entz Water—concerns replacement of deletions fromwithdrawals of groundwater in Ml GW
water division 3
1012 Reeser Electricians—continues stateregulation with minor modifications Ml SM
1013 Swenson Transportation—modifies regulation of special fuels Ml JO
1014 Reeser Plumbers—continues stateregulation without modifications Ml SM amend
1016 T.Williams Architects-substantially modifies state regulation Ml SM
1018 Takis Architects—continues stateregulation without modifications Ml SM
1019 Morrison Health care—modifies specified insurancecoveragefor newborn children Ml SS
1020 Taylor Audits—relaxes requirements for local governments having small budgets S SM
1022 Tucker Pensions—modifies fireand police pension provisions to complywith federal Ml 55
tax requirements
DateLog Prepared:February 10,1998;10:58AM
House Bills,Page3
LISTOFCML FOLLOWED BILLS (1998 SESSION)
1024 Dean Pensions—concerns incometaxexemptionsof survivor benefits of police and Ml SS
firefighter_plans
1026 June Transpodation—makes it an offenseto useapublictransportation facility Ml JG
without payingthefare
1027 Mace Cruising-establishes astatecrime of cruising inamotor vehicle MI de,’postponed indef.
99
1029 Takis Mayors—provides local option for four-year terms for mayors instatutory S SM
council-manager cities (alreadyavailablefor other statutorycities &towns)
1030 Agler Taxes—exemptsvalue of FCClicenses grantedtowireless carriers from Ml JG
propertytaxes
1032 rfiffncr Parental rights prevents government interference MI SM/postponed indef.
99
1034 Snyder Sexoffenders—regulates dissemination of information about MI SM/postponed indef.
SB
1035 Grampsas Pensions—eliminates maximumretirement benefits which maybegrantedat MI SS
local option for volunteer firefighters
1038 Reeser Workers’comp—modifies payment requirements to funds based upon excess Ml SS
deductibles
1040 Nichol Driver’slicenserevocations—provides for revocation of drivers licenses of S JG
minors upon conviction of marihuanaviolations
1041 Dean Cable 11/—authorizes cable operatorsto suefor theft of cable service Ml OW
Date Log Prepared:February 10,1998:10:58 AM
House Bills,Page4
LIST OF CML FOLLOWED BILLS (1998 SESSION)
1042 Byer Warker3’comp—limits rule making authority of Divi3ion of Workers MI 66 postponed indef.
Comperl3ation
1046 Mu3gravc liesliii care—authorize3 chiropractors to prescribeand administer specified MI 66 postponed indef.
pharmaceutical agents
1047 McPherson Transportation—expands existing programregarding informationsigns MI JG
located on rights-of-way of interstatehighways
1054 McPherson Disaster relief—establishes programto utilize disaster relief crews composed Ml SM
of stateinmates
1055 T.Williams Workers’comp—expands discovery opportunities regardingworkers’comp Ml SS
claims
1056 Grampsas Pensions—clarifies eligibility at local option for partially provided pensions for Ml 55
volunteer firefighters
1058 Adkins Environment—establishesavoluntary environmental leadership pollution Ml GW
prevention programwith financial incentives
1059 Gordon Traffic—increases penalties for violations inschool zones MI JG/
DB
1060 Schauer Public Utilities Commission—continues PUCbut with substantial changes Ml GW
1061 Arrington Traffic establishes penalties for negligent useof cellular phoneswhile driving MI dG postponed indef.
1062 Paschall Workers’comp—establishes deadlines to bemet by partieswhen independent Ml 55
medical_carrier_is_selected_for_resolving_disputes_over_medical_treatment
DateLog Prepared:February 10,1998;10:58AM
HouseBills,PageS
LIST OFCML FOLLOWED BILLS (1998 SESSION)
1063 Keller Licenseplates—expands rights of disabled veteransto obtain without charge Ml JO
1064 Tool Registrationfees—increases portion retained bycounty clerk Ml JO staff apposition
1065 McElhany Taxes—repeals statesales tax on telecommunication servicesand requires 0 OW oppose unless amended
local governments toact affirmatively inorder to retain thetax to exempt local
government taxesand
continueto discourage
enactment
1067 Tate Unemployment compensation —contains miscellaneous provisions MI 55
conforming to federal lawcoverage
1068 Anderson Communications —establishes and funds astateprogram Ml 55
1069 George Revenuesharing—enacts stateprograms toassist growth impacted local S SM
governments
1070 Taylor Motor vehicleregistrations—authorizesanextendedtemporary registration Ml JO amend
programwith reduced fees
1074 McElhany UtiliWConsumers’Board —continues Board Ml OW
1O~5 May Motor vehicleregistrations—authorizesanextendedtemporary registration Ml JO amend
programwith reduced feesand requires periodic re—issuanceof licenseplates
1077 Zimmcrman Meter bwhieiefees—authorizes county clerks 16collection for inspections Mi d&postponed indef.
1078 McElhany Officeof Consumer Counsel—continues Office for protection of consumers of Ml OW
public_utilities_services
Date Log Prepared:February 10,1998;10:58 AM
House Bills,Page6
LIST OFCML FOLLOWED BILLS (1998 SESSION)
1080 Reeser Workers’comp—postponesthe repeal of “medical treatment guidelines”Ml SS
1081 Bacon Air quaIi~—requires certain reporting by owners of vehicleswithin theAIR Ml JO!
program 6W
1083 Adkins Legal 1883-modifle3 criteriaon cM!actions for award of legal fee3for MI 68/postponed indef.
groundlesa litigation 98
1085 0.Berry Taxes—authorizes direct payment of state&local sales and usetaxes by large Ml GW amend
businesses
1088 Kaufman Criminal law—contains miscellaneous procedural charges Ml DB
1091 Eops Weapons—increases penaltyfor possession byafelon Ml DB
1093 Veiga RiD—provides for partisan elections of board members of Denver area Ml JO
Regional Transportation District
1096 Smith Solid waste—excludes certain scran metals fromregulation as solidwaste Ml OW
1097 Leyba Unemployment compensation—modifies definition of employer to conform Ml SS
with federal definition
1100 Salaz Taxes—permanently reduces state incometax ratefrom5to 43/4%subject to 0 SM
areferendum
1102 Owen Weapons-modifies Colorado instant criminal background checksystem Ml SM!
DB
1105 Anderson Elections—CMLsponsored bill simplifying reporting requirements for local S OW
government_candidates_under the_Fair_Campaign_Practices_Act
DateLog Prepared:February 10,1998;10:58AM
House Bills,Page?
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
1106 Tucker Aft quality—adds newor improved technologyasgrounds for Air Quality Ml 6W
Control_Commission_to_revise_SIP_plans_or air quality_regulations_or_standards
ii 08 Croaaman EmpIo)ment—allows employeesto takeunpaid leavefor seheol activities of Mi 66 postponed indef.
their children
1109 Taylor Air quality—addresses requirements of federal agencies concerning activities Ml 6W
onfederal lands
1111 rankey lBs establishes programto prevent fraudulent use Ml dG postponed indef.
1112 Swenson Elderlyanddisabledgrants—provides for future increases in propertytaxand Ml JG
heat or fuel grants
1113 Lawrence Lottery—authorizes scratch games based on Bingo Ml SM
1118 Dyer Gambling—establishes acomprehensive gambling prevention programfunded Ml SM
by lottery funds
1123 May Motor vehiclesales —continues functions of Department of Revenuere MI 6W
1125 dune Ststtiteof limitations—tells thetwo year statuteof limitations until substantial S dG postponed indef.
complation of an improvement to real propertywh&e thedamageclaimarises
prior tosubstantial improvement
1126 Reeser Unemployment compensation—makes miscellaneous revisions Ml SS
1127 Tucker Driving withalcohol content—modifies provisions reminors Ml JG
1128 May Motor VehicleDealerBoard—continues with revisions Ml JG
Date Log Prepared:February 10,1998;10:58AM
HouseBills,Page8
LIST OF CML FOLLOWEDBILLS (1998 SESSION)
1129 Safaz Eminent domain—prohibits generally for purposeof reselling to private 6 SW postponed indef.
persons or entities for commercial use 813
1140 C.Berry Workers’comp—re-establishes exclusive schedule for permanent partial Ml SS
disability,_increases_benefit_level,_and_limits_benefits for_mental_stress
1141 Allen Rental termination—expands grounds for landlord to terminatealeasefor Ml SM!
specified acts,including public nuisance acts under stateor local law OB
1142 Owen Healthinsurance—allows premiumrateadjustment factor used bysmall group Ml 55
plansto_be_based_on_claims_experience_&_health_status
1144 Sullivant Motor vehicles—requires aggregate material to becovered Ml JO
1145 Zimmerman Local government employment —subjects local government employer3to state 6 SW postponed indef.
investigation and litigation proceedingswhen employees allege local
government ~retaliation’actions against their employees
1148 Schauer Openrecords—requires lawenforcement agenciesto prepareand make 0 SM
availabletothe_public_specified_arrest_and_incident_reports
1150 Epps Libraries—clarifies that school district that began levying before 1979ataxto Ml SM
support school libraries maycontinueto levythetax until voters approve alevy
change
1151 Young Water—substantially revises laws requlating groundwater Ml OW
1152 George Taxation—modifies propertytax assessment ratesand provides homestead Ml JO
exemption
1154 T.Williams Unemploymentcompensation—limits awards invarious ways Ml 55
Date Log Prepared:February 10,1998;10:58 AM
House Bills,Page9
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
1159 T.Williams Workers’camp—concerns approval of workers’compensation claimsettlement Ml SS
agreements
1160 Adkins Crimes—contains numerous miscellaneoussubstantivechanges Ml DB amend
1161 Keller Restraint—establishes minimumstandards for useof restraining of persons by Ml DB
public agencies
1163 Oullivant Mnexation—severely restricts municipal annexations B SM!postponed indef.
SB
1166 Velea ramilysmedia!IIeave—enacts Colorado Law Mi 66 postponed indef.
1167 Tool Motor vehicles—requires submission to drug &alcohol testing after serious Ml DB
accidents
1168 Arrington Social security—restricts useof individual members Ml 55
1169 Agler Alternatefuel—providestax incentives and rebateswhen alternativefuels are S GW
usedfor transportation purposes
1170 George Shootingranges—restricts local government and private individual regulation 0 GW
of
1172 Dacon helmets—requires children under 16towear helmetswhile biking or skating MI SB postponed indet
1173 Tool Motor vehicletitles—increases feesandallocated proceeds Ml JG
1176 Swenson Recycling—re-allocates moneysfromthewastetire recycling development MI OW
cash_fund_towastetire_processorsand_end_users_and_to_local_governments
1177 Agler Sexoffenders—modifies registration andregulation Ml DB
Date Log Prepared:February 10,1998;10:58 AM
House Bills,Page 10
LIST OF CML FOLLOWED BILLS (1998 SESSION)
1179 Tucker Restrainingorders—consolidates and revises procedures Ml DB
1180 Wall Taxes—creates an income tax credit for persons who donate real property MI SM postponed indef.
interests to governments or charitiesfor conservation purpeses
1181 Cro3sman Weapons—prohibits saleor possession of assault weapons MI SM,’postponed indef.
Be
1182 rnfmncr Taxes—modifies property tax assessment rates,provides aresidential MI dG postponed indef.
homestead exemption,and allows enterprise incometax credits to be carried
forward
1187 Morrison Motor vehicles—imposes driving restrictions on minors Ml DB
1188 Snyder Elections—amends Fair Campaign Practices Act Ml 6W
1189 Entz Water—authorizes various water proiects Ml SS
1191 Owen PERA—establishes defined contribution plans MI 55
1192 Paschall Air quali~—eliminates mandating oxygenated fuels program,making it a MI 6W
contingent strategy
1195 Slatke Solid waste—imposes additional restrictions on siting of high impact facilities MI SW postponed indet
1196 Arrinqton Workers’comp—modifies remedies re breach of insurance contract MI 55
1198 dune f’hoto ,80’ar relaxes some of the limftations on use of MI dG staff opposition
postponed indet
1199 Schauer Overtimeregulations—requires state adherence to federal exemptions Ml SS
DateLog Prepared:February 10,1998;10:58 AM
House Bills,Page 11
LISTOFCML FOLLOWEDBILLS (1998 SESSION)
1200 Taylor Marketing—authorizes creation of local marketing districts by municipalities &S SM
counties
1202 May Transportation—increasesstatesurplus allocation for statetransportation with Ml JO
no sharefor municipalitiesand counties
1205 Kreutz Healthinsurance—establishes duty of ordinary carefor carriers providing Ml 55
coveragethrough_managed_plans
1206 Grampsas Detoxificationcenters in limitedgamingcounties—provides for funding of out-Ml SM
of-state_share_of_limited_gaming_revenues
1207 Lawrence Prisoners—setsforth rules and liability for individuals and entities Ml SM!amend
transporting prisoners OB
1209 Young Education—concerns teacher preparation programs restandards-based Ml SM
education and extendsauthoritytowaivestandards from1998to 2004
1211 Chavez Beer &liquor—substitutes “concerns of theneighborhood”for “desires of the Ml SS!
neighborhood’when reviewingapplications for liquor licenses and renewals 08
1212 George Surplus provides for retention of portion of surplus over TADOFI Iimft for MI dG postponed indef.
specified purposesand provides for atemporary incometax reduction torefund
thebalance
1213 Swenson Motor vehicleinsurance—strengthens provisions regarding mandatory MI DB
coverage
1214 K.Alexander Taxes—exempts farmequipment fromstate &local sales &usetaxes Ml (3W
DateLog Prepared:February 10,1998;10:58AM
House Bills,Page 12
LISTOFCML FOLLOWED BILLS (1998 SESSION)
1218 Thpa Dccr authOrize3persofl3 betwccn theages 0110and 21 to consume3,2 beer M{68/postponed indef.
dG
1220 Taylor Plumbers—modifies provision reBoardand regulations S SM amend
1223 fate Discrimination increases penalties for violation of Colorado’s employmcnt Mf SW postponed indef.
discrimination laws
1224 Lawrence Bail—requires license insure of andtraining requirements meeting POST MI SM
training standards for persons engaged in bail recovery
1228 C.Berry Taxes—provides aprocedurefor temporarystate incometax ratereductions Ml SM
whenever staterevenues exceedTABORlimits
1230 Chavez Elections—eliminates requirement that anabsenteevoter provide residence Ml OW
address information in theself affirmation printed onthe return envelopefor
the ballot
1232 5.Johnson T8xc3 cXempt3ncwlyacquired personal property fromtaxationat arevenue 9 zIG postponed indef.
loss to local governments
1233 5.Johnson Leqal publications —allows countiesto publish viathe Internet MI SM postponed indet
1241 Adkins Water—concerns replacement of water evaporated fromon-streamreservoirs Ml OW
constructed prior to 1895
1243 Lawrence Health insurance—requires coveragefor medical costs associatedwith Ml SS
administration of general anesthesiafor dental procedures on dependent
children
1246 Romero Purchasing—eliminates supplies databaseprogram Ml JO
DateLog Prepared:February 10,1998;10:58AM
House Bills,Page13
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
1250 Kaufman Taxes—concerns incometaxfiling requirements Ml KB
1254 Dyer Oil &gas—modifies state regulations and provides for additional local input MI OW
1255 Swenson Crimes—standardizescrimeswhose level of offensedepends uponthedollar Ml DB
amount involved
1256 Anderson Taxes—authorizes retention of state revenuesexceedingTABORlimits for K-12 Ml JO!
education,higher education and stateand local transportation needs SM
1258 Young Telecommunii~tiom—conforrn3 statedefinition of Krurai telephone company MI SW postponed indef.
to federal lawand grants rura]telephonecompanies apartial exemption from
limitations on increases in residential rates
1259 Tate Workers’comp—provides alternative penalties for employers not maintaining Ml SS
required_coverage
1260 Salaz Weapons—preempts regulations by local governments 0 SM!
OB
1262 T.Williams Audits—requires local governments to develop expensivedataoncosts of 0 JO
local government goods andserviceswhich private enterprises could provide
1263 Saliman Taxes—for fiveyears refunds $100 million annuallyaboveTADO[1 limk3with MI dW postponed indef.
incometaxcreditsand allocates balancefor [(-12 schools,higher education SM
andtransportation
1265 Gotlieb Seat belts—makes failuretowear aprimary offense Ml JO!
DB
Date Log Prep~ced:February 10,1998;10:58AM
HouseBills,Page 14
LIST OFCML FOLLOWED BILLS (1998 SESSION)
1266 Taylor Taxes—excludes interest income,dividend income,and net capital gains upto Ml SM
atotal of $6,000 annually fromincometax
1268 Tate Crimes—expands crime of ethnic intimidation and changesthenameof the Ml DB
crimeto_a_hate_crime
1269 Sinclair Taxes—exemptsfromstate usetax manufactured goods donated bythe Ml (3W
manufacturer to government entities andto 501(c)(3)nonprofits
1270 Leyba CMlrights—extends to discrimination based on sexual orientation Mt SW postponed indef.
1271 Spradley Taxes—amends definition of ‘tfederal additional estatetax return”and Ml OW
~pualified heir”for purposes of Colorado state estatetaxes
1275 Adkin3 T8xc3 provides for refund of staterevenues inexcess of TADORlimit through Mt SM postponed indef.
atemporary reduction of school propertyt2xes
1277 K.Alexander Children—requires persons involved in certain legal proceedings involving Ml DB
children totakespecified training
1279 Tupa Motor vehicles—authorizes issuanceof special license platesfor higher Ml JO
education_alumni
1280 Pfiffner Cashfunds—modifies treatment of statecash funds Ml JO
1282 Agler Administration ofstateagencies—putstype 1transfers under department Ml OW
control
1283 Udall Spurious liens—clarifiesthat sanctions don~applyto liens imposed by home S SM!
rule municipalities DB
DateLog Prt~~red:February 10,1998;10:58AM
House Bills,Page15
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
1284 Schauer Electricpower retail competition—requires implementation 0 SM!
KB
1285 Veiga Electricretail wheeling—imposes conditions on implementation to protect MI SM!
consumers andtheenvironment KB
1288 Smith Water—provides for development,mitigation and financing of proiects Ml OW
1289 Mace Motor vehicles—requires securing of loads Ml JO
1291 Entz Wildlife—modifies provisions reissuanceof licenses MI KB
1292 Schauer Liquor andbeer—contains miscellaneous revisions including authorizing Ml 55!
hotelsand restaurantsto sell customprivate label vinous liquor for off-premise DB
consumptionand authorizes licenseesto giveawayfreesamples
1293 Clark Veteranspreferences—enforces constitutional provisions applicable to state Ml SM
and local government employees
1294 5.Williams Healthcare—concerns coverageparityfor temooromandibular disorders Ml SS
1296 George Youth—creates early educationand school readiness program MI SM
1299 Young Gaming—revises various regulations applicableto limited gaming operations MI SM
in limited gaming communities
1302 May Elections—prohibits anyexpenditure of government funds relatingto MI OW
campaignsfor public officeor public issues
1303 Zimmerman RTD—allows municipalities of 10,000 or more populationto designate one Ml JO
local_bus_route
DateLog Pre,~1ed:February 10,1998;10:58AM
House Bills,Page 16
LIST OFCML FOLLOWED BILLS (1998 SESSION)
1304 Pankey Transportation—authorizes public-private investments intransportation Ml J6
proiects
1305 Grossman Countyboundaries—facilitates adjustment of S SM/support with
DB amendments
1306 McElhany Workers’comp—limits temporary total disability benefitswhere employee Ml 55
returns towork and_then_leaves_employment
1308 Smith Water—establishes awastewater permitting systemfor concentrated animal Ml 6W
feeding_operations
1309 Gotlieb Health insurance—requires coveragefor diabetestreatment Ml 85
1310 Sullivant Countybuilding fees—limits amounts Ml SM!
OB
1313 Entz Water—grants certain water conservation districts power to deal with Ml OW
conservation_easements_in_gross
1315 Miller Tourism—finances statetourismpromotion out of excess statesales and use S SM
tax revenues
1316 Sullivant Lottesy—prohibits Lottery Division fromestablishing lottery gamesto be Ml SM
played on video lotteryterminal or other typeof slot machine
1317 Spradley Taxes—repealsthecurrent systemwhich apportions for propertytax purposes Ml JO
thevalue of amobile home that is moved betweentheformer and current
county inwhich the mobile home is located
1320 Leyba Motor vehicle insurance—establishesstatefunded insurancethrough Ml JO
premiums on motor fuel,registrationsand drivers’licenses
DateLog Prepared:February 10,1998;10:58 AM
HouseBills,Page 17
LIST OFCML FOLLOWEDBILLS (1998 SESSION)
1321 6.Berry Youth—provides ayouth mentoring service and funding Ml SM
1322 McPherson Air quality—relaxes emission limitations in operating permits issued for Ml OW
stationary sources
1323 Swenson Manufacturing—concerns ownership rights remolds and establishes a MI OW
molders lien
1324 Anderson Solid waste—contains numerous revisions in current programsand provides Ml 6W
for abrownfields remediation program
1326 Grampsas Limitedgaming—provides additional revenueto municipalities to meet Ml SM
impacts fromgaming
1327 Pfiffner Motor vehicles—exempts car andvan pools fromPUCregulation Ml JO
1328 Gordon Tobacco—imposes additional restrictions relating to minors Ml OW
1329 Schauer Taxes—provides for astatestudy of stateand local finances and efficiencies Ml JO
1330 Kaufman Railroads—concerns penalties rerights-of-way Ml JO
1332 Sullivant Motor vehicles—authorizes personswith special licenseplatesfor disabled Ml JO
veterans to makeuseof parking privileges for disabled
1333 May Taxes—concerns administration of theexciset~con fuel Ml JO
1334 Hagedorn Motor vehicles—increases penalties for personscommitting multiplealcohol Ml JO
related offenses
1335 Orampsas Transportation—creates intermountain fixed guidewayauthorityto planfor a Ml JO
DIAto EagleCounty routealong 1-70
DateLog Pre~~~red:February 1011998;10:58AM
House Bills,Page 18
LISTOFCML FOLLOWEDBILLS (1998 SESSION)
1336 Paschall Taxes—finances Bronco stadiumwith surplus revenues Ml SM
1337 Kaufman Condominiums—modifies Colorado Common Interest Ownership Act Ml DB
1338 Lawrence Insurance—enactsvarious consumer protections Ml SS
1346 Grampsas Appropriations—provides surplus land appropriation to Department of Labor MI 55
&Employment
1348 Grampsas Appropriations—provides supplemental appropriationto Dept.of Local Affairs Mi SM
1350 Grampsas Appropriations—provides supplemental appropriation to Dept.of Natural Ml OW
Resources
1352 Grampsas Appropriations—provides supplemental appropriation to Dept.of Public Ml OW
Health &Environment
1353 Grampsas Appropriations—provides supplemental appropriation to Dept.of Public Safety Ml SM
1355 Grampsas Appropriations—provides supplemental appropriation to Dept.of Revenue Ml OW
1356 Grampsas Appropriations—provides supplemental appropriation to Dept.of Ml JO
Transportation
1357 Orampsas Appropriations—provides supplemental appropriation to Dept.of Treasury Ml JO
1358 Orampsas Appropriations—provides supplemental appropriation for capital construction Ml SM
1359 Dean Elections—contains miscellaneous changes including prohibition interviewing Ml OW
legislators of legislativecandidates during regular legislativesession
1363 Taylor Elections—requires electorsto providethe last four digits of anelector’s social Ml OW
security number inconnection with voter registration
DateLog Pr 4’thFebruary 10,1998;10:58 AM
House Bills,Page 19
LISTOFCML FOLLOWED BILLS (1998 SESSION)
1365 Musgrave Unemployment compensation—restricts unemployment compensation benefits Ml SS
for persons who areaddicted to drugs or alcohol andfile repeated benefit
claims
1368 Adkins Scientificandcultural facilities districts—expands Denver district to include all Ml SM
of douglas_Countyand_allows_less_than_countyto_be_included_in_other districts
MISCELLANEOUS CML POSITIONS ONSTATE-LOCALFINANCEISSUES
•Generally opposefurther sales,use&propertytaxexemptions mandated bystatelaw.
•Generally opposeslate legislationor regulations increasingmunicipal costs.
•Generallyopposeadditional cashfundingreliancebystateonprogramsof general municipal interest or benefiL
•Generallyopposefurther ‘off-the-top’expendituresfromtheHUTFfor non-highway purposes.Support increasedstatefundsfor highways,streetsandroadsandother modesof
transportationcontingent uponequitabledistribution.
•Support continuedor increasedfundingof statetrails program,statecommunityforestryprogram,&slatelow&moderateincome housing program
•Support full fundingof Department of RevenueAuditingandCompliance Division.
1998 Proposed Legislation
Tracked by Finance Department
Bill Date Last Bill CML Bill commence Local Staff Staff
Number Reviewed Summary Position Sponsors Assigned Legislator Analysis Recommendation Person
SB 140 0211111998 Reducing School Interest Blickens-Finance None Creates a school district Monitor Krcmadk
Property Tax Levies derfer mill levy reduction fund.
Transfer the lesser of $280
million or the amount of the
prior year excess from the
State General Fund to the
SDMLRF.Requires propor
tional reduction of mill levy
for all school districts.
SB 169 0211111998 Temporary Reduc-Interest Norton Finance Requires excess revenue Monitor Krcmarik
tion of State Income refunds to be made through
Tax Rate income tax credits.
Allows aditional time for
refund to be made.
Only effective if no election
to approve use of excess
revenue is successful.
SB 170 0211111998 Increased Interest Norton Transporta-For next five years,this bill Monitor Krcmarik
Transportation tion makes increased revenue
Funding transfer to to be used for
state and local transportation
construction and maintenance.
Sales and use tax percentage
to transportation is Increased
by 50%.
Creates state excess revenue
transportation fund in the
state treasury.
Specifies the distribution
of the funds.
Refers the act to the voters.
Page 5
1998 Proposed Legislation
Tracked by Finance Departme
HB1202 Interest Highway Construc-Interest May Transporta-Increase General Fund trans-Monitor Krcmarik
tion Allocations tion &fer to capital construciton fund
Finance Tool $100,000,000 million for
highway construction,repair,
maintenance and expansion.
H81212 Interest Spending Excess Interest George Finance Up to $250 million of excess Monitor Krcmarik
State Revenues revenue to be approved by
voters for State Use.Many
uses for the funds:local
growth impacts,school
capital projects for health and
safty,health insurance,Child
ren’s Basic Health plan,
finance public schools,multi-
modal transportation,State
Capitol,water lawsuits,native
species protection,abandoned
mine clean up and water
storage.
Temporaty income tax
reduction for amounts over
$250 million
HB1 263 02111/1998 Disporsition of Interest Saliman Finance Up to $100 million to be Monitor Krcmarik
Constitutional and 20+refunded to taxpayers.
Limited Revenues others Excess divided among
School Construction,
Higher Education,and HUTF.
$90 million to HUTF,18%to
cities.
Would require voter approval.
Page 6
1998 Proposed Legislation
Tracked by Finance Department
HB1275 02/11/1998 Revenue Excess &Interest Adkins Finance Tool An indirect refund or states.Monitor Krcmarik
Property Tax State revenue excesses
Reduction would be applied to school
finance.Local property taxes
would be reduced based on
number of students.
Page 7
Light &Power
Ci of Fort Collins
1998 Proposed State Legislation Affecting Electric Utilities
Tracked by the Light &Power Department
Presently there are three bills that we have interest in which are as follows:
Bill#Sponsor(s)Description
SB 152 Wattenberg The ‘study’bill which establishes a panel to study retail wheeling
RB 1284 Schauer Basically the same deregulation bill that failed last year
RB 1285 Veiga Predetermines conditions to go in effect if deregulation comes
Senate Bill 152 is the same retail wheeling study bill which passed the senate last year and finally died in
the House Appropriations committee.The bill sets up a 21 person panel to study the impacts of retail
wheeling regarding 23 issues.An amendment is proposed which reduces the issues to 14 key issues and
gives direction to the study panel to recommend an implementation plan and schedule for deregulation if it
is determined that deregulation is in the best interests of the state.We support this bill as a member of the
Colorado Municipal Utilities Alliance for the Study of Retail Wheeling which,in turn,is a member of the
Retail Wheeling Coalition.The Retail Wheeling Coalition is an organization made up of consumer and
agricultural interests,senior citizens,utility employees,and consumer owned utilities such as rural electric
cooperatives and municipal utilities.
FIB 1284 is much the same deregulation bill that was introduced by Representative Schauer last year but is
even more stringent than before.It requires full retail wheeling by July 1,2000.It gives no rate protection
to residential,low-income,or small business customers.Municipal utilities that do not want to participate
must opt-out which requires that we give all our customers written notice that we are doing so.Should a
municipal choose to compete,its customers must elect a competitive provider or receive power from a
standard offer.However,the standard offer will provided by a competitive bid run by the state PUC with
the local distribution utility prohibited from participating in the process.There are many issues here that
make this bill simply bad legislation.We recommend opposition to this bill.
HB 1285 is an interesting bill in that it attempts to predetermine the rules on many critical issues before
any deregulation decision is made.It established a 3%of non-bypassable gross revenue charge to be used
for “public benefits”.These benefits include renewable energy resources,energy efficiency programs,low
income energy assistance,weatherization,consumer education,and subsidizing decentralized community
energy systems (for Fort Collins L&P this would be in excess of$1.5 million).It states that residential and
small commercial customer rates should be lower (but does not state how this can be accomplished with a
3%additional charge).There is much more to this very complex bill but the main concem is that,again,
these issues should be studied with all players at the table which the study bill (SB 152)provides for.We
recommend opposition to this bill.
700 Wood Street •P0.Box 580 •Fort Collins,CO 80522-0580 •(970)221-6700 •FAX (970)221-6619 •TDD (970)224-6003
e-mail:light-power ci.fort-collins.co.us
PUBLIC SAFETY TECHNOLOGY
N LC believes federal assistance that enables local
governments to improve public safety services will
always be a key component to reducing crime,
planning for and predicting accidents,terrorism,fire,and
disasters,and responding to emergencies.NLC urges the
federal government to assist cities and towns across the
nation to acquire modem emergency communications
capabilities and advanced public safety technology.
KEY ISSUES FOR CITIES
The ability of municipal elected officials to provide for the
publics’safety has bumped up against the age of technology.
Taking advantage of the choices requires knowledge and
understanding of technological advancements and their
applications.It also requires a significant and justifiable financial
investment often beyond the ability of the local governments to
absorb.It requires greater capacity on public safety spectrum to
transmit critical information in an emergency
The federal government is currently working on two key areas of
concern to municipal elected officials:that persons calling 911
for emergency purposes using wireless phones receive the same
services as those using ~vireline phones;and that all levels of
government have the capability to transmit vital information to
different emergency response personnel without interference and
delay.
For municipal public safety leaders,the new rules involve:
federal allocation of scarce,valuable,and finite communications
resources;how much should be set aside to meet growing state
and local public safety needs;how should that be done;and
what should cities do with regard to obtaining needed spectrum
for public safety?
BACKGROUND
The FCC,in response to municipal public safety concems,has
acted on two fronts;increased protection for wireless or cellular
911 calls,and providing new spectrum to cities for public safety.
On December 1,1997,the Federal Communications
Commission (FCC)adopted regulations requiring wireless
carriers to transmit all 911 calls from both subscribers and non-
subscribers to emergency assistance providers with the overall
purpose of assuring the prompt delivery of emergency 911 calls.
These rules emphasize the critical importance of efficient and
effective technology to report the location of wireless handsets -
considered the most important feature both for seeking help in
emergencies and for the public safety organizations that respond
to emergency calls.The implementation of these rules will be
accomplished in two phases:Phase One -as of April 1,1998,
covered ~vireless carriers must be able to provide automatic
number identification and cell site information for all 911 calls to
public safety service providers;and Phase Two -Effective
October 1,2001,covered carriers will be required to identify the
location of mobile phones making 911 calls within a radius of
125 meters.
On the public safety spectrum front,the FCC has issued rules to
double the spectrum states and local governments currently have
for public safety communications.The FCC action responds to
action taken by Congress and the President last year,as well as
to the report of the Public Safety Wireless Advisory Commission
(PS WA C).
The new federal law required the FCC to allocate 24 megahertz
(≥.flt)of public safety spectrum by January 1,1998,for the
exclusive use of state and local governments.The FCC met that
deadline by taking back television channels to make them
available for emergency communications for municipal public
safety.The FCC’s action also provided for the auction of other
channels to help reduce the federal deficit.
This partial victory came,at least in part,in response to
comments submitted to the FCC last October,when NLC,
joined by a number of cities and other state and local
organizations representing public safety agencies,expressed
support for the Commission’s proposal to allocate 24 MHz
within TV channels 60-69 to public safety.The comments noted
that many cities are faced with severe shortages of available
spectrum for both voice and data communications for police,
fire,and emergency rescue,and that reliable wireless
communications are essential to public safety’s mission to
protect life and property.
National League of Cities
March ‘98
The FCC rules propose a process to reallocate 4 channels of
what is called analog spectrum,equivalent to 24 megahertz.to
state and local governments exclusively for public safety.The
FCC rules specifically reclaim channels 60-69 from the
broadcasting industry and require ±e reallocation of channels
63,64,68,and 69 for public safen-.The remainder would be
auctioned off.The rules would permit incumbent broadcasters
to remain on those channels until the year 2007,except that low
power broadcasters would be required to vacate space required
for local public safety.The rules basically promise the doubled
public safety telecommunications capacity will be made available
to state and local governments.But until the final licensing and
service rules are issued,city public safety leaders will not have
the ground rules or specifics with regard to how to apply.
The actions of the FCC begins the process of implementing the
requirement to make the 24 MHz of public safety spectrum
available to state and local governments.As adopted,however,
the final rules incorporate a set of hurdles or exceptions which
could leave much of the spectrum intended for municipal public
safety in the hands of the nations broadcasting industry in
perpetuity.
tinder the proposed FCC rule,public safety service licenses are
to be assigned by the Commission no later than September 30,
1998.The Commission must also waive any provisions
necessitated by the Communications Act of the Commission’s
rules to allow for public safety services,as long as they are not
related to harmful interference regulation.
This victory in no way ends the fight.Beyond the 24 MHz issue
are two other key recommendations contained in the Public
Safety ‘Wireless ~dvisory Commission,(PS\VAC)report that
NLC is puslung the need for 1.5 MHz for interoperabilitv and
70 MHz to meet the nation’s public safety telecommunications
needs by the year 2010.
NLC Pot/cr
•Congress must ensure that a portion of any revenue
received from spectrum auctions be made available for
public safety communications purposes;
•The federal government and the FCC must continue efforts
to find additional spectrum for interoperability in the lower
frequency levels;
•The President,Congress,and FCC must follow through
with efforts to reserve 24 MHz of broadcast channels 60-69
for exclusive use of state and local government public safety
agencies and ensure the transition occurs in an expeditious
manner~
•Congress and the President must act on a long-term plan to
meet public safety needs affecting cities between now and
the year 2020;
•The federal government must ensure that if federal
reallocation of radio spectrum forces a municipality to
change frequencies,channels,or both to preserve its public
safety and emergency communications services,there
should be fair compensation made for the transfer costs;
and;
•Municipalities must be exempt from any fees imposed by
the federal government for spectrum,or from any system of
auctioning for spectrum space.
Once the FCC adopts the proposed licensing and service rules
for the reallocation of channels for public safety,the FCC could
begin accepting applications for the spectrum or wireless
frequencies from cities.City officials can track the final
rulemaking through the FCC’s web page,WVQW@FCC.gov,
watching for the final rules from the Office of Engineering on
Wi’96-86.Absent municipal or state applications,the FCC
might still decide to grant these channels to broadcasters in given
service areas.Some 57 are expected to apply.To be successfiij
with an application,a city will have to demonstrate that it has the
resources and capacity to finance and complete construction of
the infrastructure and purchase of the equipment to put the new
frequencies from the spectrum channels in operation within
eight months of FCC approval.Therefore,it is important for
public safety leaders to begin acting now
)*A CTIO5h
Municipal elected officials should get together with key public
safety personnel involved in emergency communications systems
to determine the communications needs of the community and
how the proposed FCC sets of rules will impact their ability to
ensure effective,efficient,coordinated response to emergency
situations.This discussion should include the communities
immediate needs as well as long-term strategies.
This information will prove invaluable to members of congress
in understanding this complex issue in real-life terms.Municipal
elected officials should urge them to:
•Support the efforts of the FCC to move forward without
delay.
•Support federal assistance to finance the infrastrucrure and
equipment necessary to put the new frequencies into
operation.
•Press for federal legislation to
interoperabilitv and long-term needs.
For mote information contact:
Janet Quist
Senior Le~sJa tire Counsel
(202)626-3020
ensure meeting
Vational League of Cities
March ‘98
FAIR HOUSING
N LC urges the federal government to recognize the
authority of local governments to enact and
administer non-discriminatory zoning and land use
laws.
NLC urges Congress to pass legislation requiring the
federal government to abstain from initiating housing
discrimination investigations,and suing municipalities for
housing discrimination,until it is clear that the injured
party has complied with all local zoning and use
ordinances and has exhausted all their administrative
remedies.
NLC supports amending the Fair Housing Act (EllA)and
the Fair Housing Act Amendments (FHAA)to protect the
right of local governments to use nondiscriminatory
regulations which further the objectives of public safety
and preserving residential neighborhoods,including:
•Local restrictions on the number of unrelated persons
permitted to occupy a dwelling;
•Proximity of group residential facilines to each other;and
•The occupancy of such facilities by dangerous persons.
NLC supports legislation to amend the Fair Housing Act
Amendments to clarify what constitutes a “family”or “familial
status”and what protections are afforded a “family”in order to
distinguish that group homes for youth (under 18),with
institutional guardians,are not equivalent to a family under the
FHA.A.
KEY ISSUES FOR CITIES:
•Federal preemption of local authority to develop,implement
and enforce non-discriminatory zoning and land use
regulations.
•Federal preemption of a city’s regulation of the number of
unrelated persons in a group home,the proximity (densiw in
an area)of these homes to each other,and their occupancy
by potentially dangerous persons,such as recovering abusers
of drugs and alcohol,former prisoners,and juvenile
offenders completing their sentences.
•The initiation of housing discrimination investigations of a
municipality by the Department of Housing and Urban
Development (HOD),based on the failure of a city to make
“reasonable accommodation,”when the complaint is filed
against a city by a group home operator who has made no
effort to comply with local zoning and use ordinances,nor
to apply for a variance when the cm’has a non
discriminatory process in place.
The filing of a lawsuit by the Department of Justice (DOJ)
and/or group home operators against a city,based on the
failure of the city to make “reasonable accommodation,”
when the group home operator has made no effort to
comply with local zoning and use ordinances.
BACKGROUND
V Why Cities Need More Details In Fair Housing
Conzpiaints?...The process for filing fair housing complaints
has been made so “user friendly”that all a person needs to do is
check a box on a form and send it to HOD.The complaint does
not list specifics of the alleged problem and makes it very
difficult for a cit to prepare an informed response.Fair housing
advocates claim that cities use this as a delaying tactic and that
much time can be wasted before the fair housing problem is
addressed if a detailed complaint if required.
2)Why Cities Support the Exhaustion of Administrative
RemediesA..Cities have been investigated by HUD and sued by
DOJ as a result of fair housing complaints filed against them
before the person or persons filing the complaint has made any
effort to work with the city to resolve the issues.In the Village of
Palatine,Illinois,for example,Oxford House sited a group home
without going through the Village’s variance process,and
subsequently filed a complaint against Palatine,even though
Oxford House had failed to exhaust all available administrative
remedies.In this case,Oxford House failed to seek a variance
from local zoning law and use requirements.
Fair housing advocates oppose going through the variance
process because they believe it is often a tactic by a municipality
to stall the siting of a group home and harms the future residents
who need a suitable place to live.
3)Why Odes Seek Carifications of “Family”and
“Familial Status”Discrixninatjon?.,,.Cities have been unable
to prevent the siting of group homes,in single-family residential
neighborhoods,which house groups of juvenile offenders under
18 with institutional guardians,who are completing their
sentences.HUD and DOJ believe that Congress,in the FHAA,
provided for the protection of families with children,and that
group homes housing youth (under 18),with institutional
guardians,come under what Congress meant by “family”and
“familial status.”
Many cites interpret the Fl-Lk.A’s protection of “families”in
another way.They believe Congress intended to protect families
with natural,adopted and foster children from discrimination
against them in the rental housing market,and not to protect.as
a family,a group of youth (under 18)who ate wards of the State
finishing their sentences for juvenile offenses.
For example,the City of Bellevue,Washington,was sued for
discriminating against a family when it resisted allowing the siting
of a group home of youths with an institutional guardian.The
U.S.District Court held that family includes groups of youth
(under 18)with a wide variety of situations such as abandoned,
abused,and neglected youth,as well as juvenile offenders
completing their sentences.
Fair housing advocates believe that group homes for youth
(under 18)have “familial status”under the FH_4A,and are a
protected class.They believe if the FH.AA is amended to
eliminate “familial status”protections,this would affect all
groups of youth including those who are abandoned,abused,
neglected,mentally retarded,and homeless as well as juvenile
offenders completing their sentences.
4)Why Cities Seek Legislation to Address the Ambiguities
In the FHA and Settle Conflicting Decisions in the Federal
Circuit Courts of Appeals?...Courts have ruled that cities are
discriminating when they limit the number of unrelated persons
living in a group home.Currently,cities cannot regulate the
proximity and density of group homes.An example of this is a
situation in Washington,D.C.Group home operators have sited
a disproportionate number of homes in Anacostia;one of
Washington’s poorest and most distressed areas.This has
happened for two principle reasons:low real estate costs and less
organized opposition in this neighborhood.
In 1988,recovering drug addicts and alcoholics were added to
the list of handicapped persons protected under federal law,
Most cities acknowledge that recovering substance abusers must
have places to live,and it is for safety reasons that they want
authority to regulate the maximum number of recovering drug
addicts and alcoholics in a group homes in a single family
neighborhood.
Fair housing advocates believe that regulating the number of
substance abusers and former convicts in a group home in a
single-family neighborhood is discriminatory or may have a
discriminatory effect.
CONGR.ESSJONa OUTLOOK:Chairman of the
House Subcommittee on the Constitution,Charles Canady (R
Fla.)expects to introduce new legislation to:
•Provide cities with sufficient details on fair housing
complaints filed with HUD and justice so they can respond
to a specific complaint;
•Require the exhausnon of local administrative remedies by
group home operators before siting a home in a single
family neighborhood.This would codify the ruling in the
U.S.Court of Appeals,Seventh Circuit,04’ord House ii.
Village of Pakrine~The court ruled that a group home
operator must apply for a variance from local zoning law if
there exists a nondiscriminatory local process to do so when
he/she wants to site a group home in a particular
jurisdiction or neighborhood that restricts siting and uses
allowed in the area;
•Clarify what Congress meant in the FHAA by familial
status;and
•Eliminate ambiguities in the FRA and the FHAA which
have preempted local control over zoning and land use.
This provision would allow a city to regulate the siting of
residential services for persons with handicaps,to require the
dispersal of these facilities across the “mainstream comnxunitv”
instead of group home operators being allowed,as they are
currendy,to site homes wherever they choose even if it produces
concentration in one neighborhood or on one street.It would
also allow a city to regulate the maximum number of unrelated
residents in group homes housing recovering drug addicts and
alcoholics,if the purpose of this regulation is to restrict land use
to single-family homes.
NLC PoJJcv:NLC opposes the use of local zoning and land
use authority to advance or condone discrimination of any kind.
Equal housing opportunities for all,and full zoning and land use
authority for local governments are not incompatible public
policies.Local governments face a continuous challenge to
maintain their governing autonomy,while ensuring that the
exercise of zoning authorit’neither intentionally or
unintentionally produces discrimination.
NLC supports local authority to enact and administer non
discriminatory zoning and land use laws that provide for uniform
application and “reasonable accommodation”to uphold a
compelling public interest.“Reasonable accommodation”means
that revising a local zoning ordinance (i)would not require a
fundamental alteration in the nature of a zoning plan;and (ii)
would not impose undue financial or administrative burdens on
local governments.
NLC opposes restricting federal funds to influence local zoning
authority.The only exception would be litigated cases for which
all avenues of appeal have been exhausted and a final verdict is
upheld,where a local zoning ordinance is found discriminatory,
either in effect,intent,or both.
>.>ACTION:City officials should bring to the attention of
their Congressional delegation the specific problems faced in
their communities due to the Fair Housing Act (FT-IA)and the
Fair Housing Act Amendments (FHAA).
Urge your Congressional delegation to actively support Mr.
Canady’s fair housing reform legislation when it is introduced by
expressing their support to him and members of the House
Subcommittee on the Constitution
For more information contact:
Cameron Whitman
Senior Legislative Counsel
(202)626-3020
JUVENILE JUSTICE
N LC urges the federal government to continue to
establish specific grant programs with funds
flowing directly to cities that have juvenile crime
and gang prevention partnership programs.NLC urges the
federal government to continue its work toward placing
increasing penalties on gun-related crimes.The federal
government should focus on support services for state and
local governments and infonnation gathering and
dissemination in areas of rehabilitation of juveniles and
progressive sanctions.NLC believes the federal role in
juvenile justice should be to establish and maintain a
national system to track juvenile criminal records for use by
local,state,and federal enforcement agencies.NLC urges
the federal government to provide sufficient funding for all
phases of all juvenile justice mandates to achieve the
desired results.
KEY ISSUES FOR CITIES:For municipal elected
officials,the concern for and fear of juvenile violent crime
continues to escalate,as does the need for a more meaningful
federal investment of funds.The availability of federal resources
to fund State and local juvenile justice efforts has been
conditioned on states and local governments adopting federal
“recommendations”or accepting “incentives”mainly in the area
of juvenile corrections.This trend continues in 1998,with the
Congress poised to take up S.10,the Violent and Repeat
Juvenile Offender Act.
BACKGROUND:This year,cities will have an
opportunity to pursue flexible,direct assistance to respond to
juvenile crime through two main bills before Congress in 1998:
th~Violent and RepeatJuvenile Justice Offender Act (S.10),and
the decision whether to extend the one-year,expiring juvenile
Accountability Incentive Block Grant.City leaders will want to
press their concerns on both fronts in order to achieve additional
resources for public safety.
S.10,approved last year by the Senate Judiciary Committee,will
be the likely vehicle for this year’s efforts.The new Juvenile
Accountability Incentive Block Grant will disperse $250 million
for grants to state and local governments this year.In both
cases,grants come in the form of “incentives”to states and
localities that comply with certain requirements,or federal
mandates,regarding the handling of juvenile offenders.
\‘~l1atever bill is signed into law,it would set the guidelines for
city authority to use any federal funds.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANT
The new block grant,(which is funded only this year),is aimed
at encouraging accountability-based reforms at the state and local
level.Funds will be made available to the states based on their
comparative juvenile population.Units of local governments will
receive 75 percent of the total provided to the states,based on a
combination of law enforcement expenditures and the FBI’s
Uniform Crime Report (UCR)data on part I violent crimes,
unless the state can demonstrate that it bears the primary
financial burden within the state for juvenile justice.
Where a stare demonstrates in its application that it bears the
primary (more than 50 percent)financial burden for the
administration of juvenile justice,the Attorney General may,
upon the state’s request,and the Attorney General’s discretion,
waive the 75 percent pass-through requirement and reduce the
amount passed through to localities to reflect the states financial
burden.
There are eleven purposes for which funds can be used.They
include:building,expanding or operating juvenile detention and
corrections facilities;developing and administering
accountability-based sanctions for juvenile offenders;hiring
additional juvenile judges,probation officers,and court-
appointed defenders,and funding pre-trial services for juveniles
to ensure smooth and expeditious administration of the juvenile
justice system;hiring additional prosecutors to increase
prosecutions of cases involving violent juvenile offenders and to
reduce case backlogs;providing funding to enable prosecutors to
address more effectively drug,gang,and youth violence;
providing funding for technology,equipment and training to
assist prosecutors in identifying and expediting violent juvenile
offender prosecutions;and establishing court-based juvenile
justice programs that target young firearms offenders through
the establishment of juvenile gun courts adjudication and
prosecution of juvenile firearms offenders.
At least 45 percent of any grant provided to a state or local
government will be available for specific purposes identified in
the statute,such as hiring juvenile court and corrections
personnel and services.At least 35 percent must be available for
building and expanding facilities,developing accountability-based
sanctions,and information sharing purposes.
Accountability-based reforms which state and local government
are “encouraged”to adopt include graduated sanctions,adult
prosecution of violent juveniles,and juvenile record reforms.
States must have in place a coordinated plan for reducing
juvenile crime,developed by a coalition of law enforcement and
social service agencies involved in juvenile crime prevention.
States also must have implemented or implement by January 1,
1999,a policy of tesung appropriate categories of juveniles for
use of controlled substances.
To be eligible,states must cerufv that they are “actively
considering,”or will consider within the next year,through laws,
policies or programs,accountability-based reforms.The term
“actively considering”means the deliberation or debate of
policies that would effect a state’s compliance with the
requirements.It does not mean the adoption or enactment of
any or all policies under consideration.
THE VIOLENT AND REPEAT TUVENILE
OFFENDER ACT OF 1997 (S.10)
Congress expects to pass juvenile reform legislation by the end
of the year.5.10 seeks to achieve three goals:ensure that
youth are held accountable for criminal or delinquent acts;
ensure that the most violent juvenile offenders who commit
adult acts such as murder and rape are treated as adults;and
reform federal aid to state and local youth crime programs.
The bill’s proponents have identified three components
necessary to accomplish the goals.First,the bill would reform
procedures regarding those cases in which a juvenile is
prosecuted for a federal crime in Federal court.The bill would
grant local U.S.Attorneys the discretion to decide whether to
prosecute as adults juveniles who commit violent or serious
federal drug crimes,and give the Attorney General discretion to
order federal prosecution as adults of juveniles who commit
federal felonies.Also,the bill would require that federal juvenile
criminal records be available to law enforcement,courts,and
schools.No federal juvenile offender would reside in the same
cell as an adult offender.
The second component would address interstate gangs.S.10
would enhance the federal anti-gang statute by permitting the
federal prosecution of gang criminals who commit two or more
gang-related money laundering and drive-by shootings.
Convictions would result in a I 0-year mandatory minimum
penalty and the criminal forfeiture of gang-related assets.The
bill also addresses the interstate recruitment of gang members
and criniinalizes the recruitment of anyone,especially minors,
into criminal gangs.
The third component reauthorizes,reforms,and streamlines the
Juvenile Justice and Delinquency Prevention Act The bill
maintains,though with some modifications,the current state
fo&iula grant program (known as Part B)for juvenile justice
programs.The emphasis of the requirements on state and local
government would focus on accountability-based juvenile justice
programs.It would eliminate the current requirement that states
not incarcerate juveniles for status offenses such as curfew
violations.
Finally,the bill would provide for increased criminal penalties,
including mandatory minimum sentences and provisions for
asset forfeiture,for crimes relating to juveniles,and funds for
guardians for victims of child abuse.
Regarding streamlining federal youth violence efforts,the bill
would make the Office of Juvenile Crime Control and
Accountability responsible for coordinating all federal programs
targeted at juvenile crime.
Upon compliance with federal “recommendarions,”state and
local governments would be eligible for grants in the following
areas:
•high-intensity interstate gang activity areas;
•juvenile crime control;
•the National Institute for juvenile justice and Delinquency
Prevention;
•the administration and operation of the Office of Juvenile
Crime Control and Accountability;
•runaway and homeless youth;
•temporary demonstration projects for youth in rural areas;
•missing children;
•programs that promote successful juvenile crime reduction
strategies;
•the reimbursement of state and local governments for the
cost of incarcerating illegal juvenile aliens;and
•at least three flagship Boys and Girls Clubs of America.
?sJ[LC Policy:NLC supports federal assistance to establish
and operate youth courts to ensure swift and appropriate
sanctions.NLC supports direct,flexible,funding to
municipalities for local juvenile justice and delinquency
prevention initiatives with strict limits on administrative costs.
NLC supports continued federal technical assistance to train
local governments regarding how to apply for federal funds
administered through states.NLC supports federal efforts to
establish and maintain a national system to track juvenile
criminal records for use by local,state,and federal enforcement
agencies and assistance to states and localities to update their
record keeping procedures.
NLC believes decisions regarding the transfer of violent juveniles
to the adult criminal justice system should be left to state and
local governments,and the federal government should not pass
laws or regulations that significantly hinder the ability of local
governments to develop and implement alternative sentencing
programs for juveniles.
t>>ACTIOPsT Municipal elected officials should get
together with key city officials involved with reducing juvenile
crime and determine which programs have been effective,so
that you can advise your Congressional delegations regarding:
•the steps Congress could take which would make the best
difference in your city;and
•the restrictions in current federal programs that would cause
the greatest interference with what works in your city.
It is critical that you provide good information about the
incidence of juvenile crime and what city resources are currently
targeted to the issue.Make clear that you want to share your
delegations efforts to provide flexible assistance to your city.
For mote information contact:Janet Quist,
Senior Legislative Counsel at 202-626-3020
ELECTRICITY UTILITY DEREGULATION
N EC supports federal legislation that would protect
the authority of local governments during the
deregulation of the electric utility market and
opposes legislation that would preempt traditional and
historic land use and zoning authority or franchise and
equitable tax authority.
KEY ISSUES FOR CITIES:
This issue has a large impact on all municipalities—not only
those localities that are ‘public power”cities.
The issues for local governments will involve local franchise
authority and fees,rights-of-way and zoning issues,jobs and
property taxes,municipal electric bills,and issues concerning
municipal pension investments.
The specific issues that local governments could confront:
•A municipality could lose franchise fees that electric utilities
currently pay for use of its public rights-of-way.
•Local governments may face large losses of revenue from a
decline in property taxes.In some cities,property taxes
from electric utilities are 75 percent of the tax revenue
collected.If the utility has high stranded costs (past
investments by the utility that have not been paid of~and
closes because it cannot compete in the deregulated world,a
municipality could lose the majority of its financial base.
•Local government authority could be preempted in many
areas including local land-use and zoning authority,such as
the siting of towers,wires,and other power facilities and
equipment,and sales and use tax authority on out-of-state
(investor owned)utilities.
•Federal electricity utility deregulation legislation will need to
permit local governments to aggregate Qoin together)to
purchase power at lower prices.If local governments act
alone,large corporations,not local governments,will reap
the benefits of deregulation.
•Municipalities are large users of electricity.Local
governments will need to learn how deregulation can result
in lower electric bills.
•Municipal pension funds could be in jeopardy if the pension
funds are invested in a utility that folds because it cannot
compete in the deregulated market.
•Public power cities will have to learn to compete in a
deregulated market.
BACKGROUND:
Traditionally,electricity has been a regulated monopoly.Utilities
were given a specific area to serve.Under the Energy Policy Act
of 1992,deregulation responsibility was divided between the
Federal Energy Regulatory Commission (FERC)and Congress.
FERC has jurisdiction over wholesale wheeling,which is the
selling of electricity in the wholesale market.In April of 1996,
the FERC issued an order to deregulate the wholesale market,
which required utilities to open access to their transmission lines.
Congress has jurisdiction over retail wheeling,which is selling
electricity to the electricity customer—the person who turns on
the light.In the first session of the 105th Congress,a number of
bills were introduced and a series of hearings were held.
However,no legislative action occurred.Simultaneously with
these Congressional initiatives,the majority of states have either
begun or completed steps to deregulate the electricity industry
without federal authority.
What does this mean?It means that consumers,businesses,and
cities will have a choice in deciding from whom to buy
electricity.For example,the market may be similar to the
telephone market.A consumer can buy from a number of
competitors offering different services at different prices.With
electric utility deregulation,customers will have a choice rather
than relying on one company that has a monopoly over the
power supply.However,having a choke does not necessarily
translate into lower electricity prices.First,only the generating
portion of the electricity bill will be deregulated.It is about
twenty five percent of the total costs,so any savings will be
small.Second,large users such as manufacturing industries may
reap the benefits not municipalities and their residents.Third,
regions of the country that already have low electricity prices
may actually confront a price increase in their electricity bills.
Finally,“undesirable”service areas may have no company that
wants to sell them electricity.
Private Use Rule
The U.S.Treasury issued temporary rules to provide guidance to
state and local governments to clarify how municipally-owned
National League of Cities
431arch ‘98
electric utilities can participate in a deregulated electric utility-
market without jeopardizing either existing tax-exempt municipal
bonds or their authority to issue future tax-exempt bonds.The
rules,which would last for three years,are important to public
power municipalities under a deregulated environment.Current
federal laws set a cap on the amount of non-govemmental use of
a municipality’s facilities or power output a city may provide
before losing its tax-exempt municipal bond authority.The new
rules would replace the existing so-called “private use”IRS rules
o protect the tax-exempt status of municipalities,which opened
their service areas and/or transmission facilities in a manner to
permit nondiscriminatory open access.The rules would
continue to bar cities from issuing tax-exempt municipal bonds
for the purpose of expanding utility services to compete outside
current boundaries.
The rules,however,do not remove the threat of pending federal
legislation or free cities and towns to move forward under the
Treasury regulations.Unless and until Congress acts to modify,
reject,or otherwise act on pending legislation in the Senate,the
so-caUed Murkowski bill,S.1483,municipally-owned utilities will
face severe obstacles in complying with state legislation and
retaining their tax-exempt status.
The Murkowski bill,marks the first major federal intrusion into
state and local energy utility authority It sets a worrisome
precedent of federal,retroactive interference and intrusion into
state and local authority and ability to issue debt to meet public
needs.Even with the action by the Treasury,the Murkowski bill
restricts cities in California and other states set to implement
state deregulation laws.The bill creates an unlevel playing field
for public power cities and towns.
NLC Policy
NLC policy opposes federal preemption of local government
authority regarding tights-of-way and revenue authority.Cities
and towns should have the ability to become aggregators.The
policy emphasizes that any restructuring program should result
in all consumers receiving benefits.
CONGRESSIONa ACTION
In the first session of the 105th Congress,many bills were
introduced including:
•H.R.655,“The Electric Consumers’Power to Choose Act
of 1997,”introduced by Subcommittee on Energy and
Power Chair Dan Schaefer (R-CO),would mandate states to
implement dereguiadon within four years and does not
permit utilities to recover “stranded costs;”
•HR.1230,“The Consumers Electric Power Act,”
introduced by House Majority Whip Tom DeLay (R-TX),
would bar state and local governments from regulating “the
pricing,terms or conditions of service offerings by electric
service providers,”and would restrict their abiliw to regulate
who may legally sell electricity;
51401,“Transition to Electric Competition Act of 1997,”
introduced by Senators Dale Bumpers (1)-AR)and Slade
Gorton (R-WA),would mandate deregulation by a date
certain.N?legislative action occurred.
The Clinton Administration,through the Department of Energy,
has been developing a comprehensive deregulation bill that is
expected to cover many aspects of deregulation,including
environmental impacts.The legislation has been debated
between the White House and the various agencies for over a
year.
)*Action
•Contact your delegation:urge them to oppose any federal
intrusion or preemption of local government authority and
revenue sources in restructuring the electric utility industry.
•Meet with your own staff,arid others in your community to
address the pros and cons of federal legislation on your
communit.Come to Washington prepared to provide
specific information to ensure that Congress does not
preempt or interfere with traditional and historical
municipal rights to protect your citizens and ensure
equitable taxation.
•Determine the type of revenue that your city receives from
the local electric utility.Is it a franchise fee?Does the
facility provide property taxes?Does your city impose a
sales or use tax on electric service?
•How much electricity does your municipality use?In peak
times,electricity users are municipal buildings such as
offices and libraries.In off-peak times,high electncity users
could be street lights.
•Does your city currently have a say in the location of electric
transmission lines,poles,and towers?\That would the
impact of federal or state preemption of your local zoning
or land use authority mean?
•What are the number of your residents who work for
electric utility companies?Is that utility efficient enough to
stay in business after deregulation?Or does it have large
capital costs—such as nuclear power plants-_that it still
needs to pay off?
•If you are a public power city,are there businesses in your
community that would close because you are not allowed to
compete in a deregulated marker?
•Are your municipal pension funds invested in investor
owned electric utilities?
For more information contact:
Laurie Saroff
Legislative Counsel
Center for Polici,and Federal Rela dons
(202)626-3020
0 0
•If your city is a public power city,you may use the new rules
effective immediately and may submit comments until April
22,1998.The IRS will hold a public hearing on April 28,
1998.City officials with questions about the temporary rules
may contact Allan Seller at the IRS at (202)622-3980.
Vational League of Cities
Worth ‘98
EDUCATION
N LC urges the Congress and the President to
commit this country to an investment in education.
Without a highly sIdled,well-educated worldorce,
our communities and industries cannot hope to compete in
the global marketplace.Congress and the President have
no more pressing work than supporting education to
ensure domestic prosperity and to continue our own rate of
economic growth.This can only serve to better our cities
and the nation at large.
KEY ISSUES FOR CITIES:
•A substandard local educational system can affect the
economic competitiveness of a city.
•A good local educational system is closely linked to the
quality of life for a city and its residents.
•A good local educational system can enhance property
values in a city.
•Investing in children through the educational system can
prevent future burdens on other city services like the local
criminal justice system and the employment training system.
BACKGROUND:
Most schools operate independentiv from City Hall.Many local
officials,however,are taking new interest in their public schools
as cities struggle to retain their middle class and revitalize their
economies.With cities and their public school systems starting to
rebound,the link between a vibrant community and a healthy
public school system is now clearer than ever.It is critical that
schools and cities develop better linkages to reinforce and
coordinate each other’s work.
In many states,great disparities exist between poorer and richer
school districts and the communities in which they are found.
Studies show that the highest performing school systems have
neatly twice the resources per child than the average public
school has.These dispanties are often defined by race and class.
It is important to note that cities do not want to assume full
responsibility for troubled schools.This has only been tried in
several large cities,with mixed and incomplete results.Mostly,
cines’efforts to boost the local educational system involves
strengthening links among schools,local businesses,community
acuon agencies,police and fire departments,families and
neighborhoods.Cities are also supporting efforts to ask for
increased state and federal government funding for their local
educational systems.
CONGRESSIONAL ACTION:
At the federal level,the Clinton Administration has fired the first
volley by announcing an ambitious education proposal,which
includes a training program to increase the number of new
teachers and a school construction program targeted to cities.
The President plans to ask for an increase in federal education
funding of more than $15 billion over the next five years.
The Administration’s school construction proposal will probably
benefit cities and towns the most because it would provide
incentives for communities to invest in local school facilities.
The President is proposing a $10 billion initiative over 10 years
that will spur investments for school modernization by states,
localities and the private sector.In the years 1999-2000,up to
$22 billion in bonds would be leveraged for this purpose.If
cities and their school districts are able to obtain these funds to
improve their school infrastructure,this can free up local
moneys for areas where they are needed such as teachers,books,
and curriculum.
Other items in the President’s plan include;assistance for
colleges to help promote the importance of education to primary
and secondary students to stay in school,assistance for schools
in poor areas,increased spending for programs to assist Hispanic
students,including bilingual education,and additional money to
set up more than 1,300 charter schools.
The Republican majority in Congress is responding carefully to
the President’s proposal on education.Chastened by public
reaction to voters’rising concern about education,GOP
lawmakers will politely stress their differences with the President
while pushing their own programs.
National League of Cities
March ‘98
These include:vouchers for mostly low-income children to
attend pnvate schools,tax breaks for private as well as public
schools,educational savings accounts,and a consolidation of
current federal education programs into block grants to state and
local authorities.
Look for these battles to be played out in the appropriations and
tax-writing committees of Congress.It is these committees that
will determine any final amount for educational spending for the
next fiscal year.
NLC POLICV~
•State and federal government must act to assume greater
responsibility for financing local education to provide
greater equalization of education expenditures.
•Federal legislation should recognize that minorities,low
income persons and persons with disabilities may require
higher expenditures to assure equity in educational
achievement.
>>A CTION.’
•Come prepared with facts about your local school distnct’s
capital infrastrucrure needs.
•Contact a member of the local school board or the school
superintendent and ask about present and future needs.
•Take this information to your Congressman/Senator.
Explain that several pieces of legislation,including the
President’s School Construction proposal,may be able to
help leverage money to repair and modernize your
community’s school facilities.
For further Inforniation contact:
José Dhmas
Legislative Counsel
Center for Policy and Federal Relations
(202)626-3020
National League of Cities
March 98
TOBACCO SETTLEMENT
N LC urges Congress to pass legislation enacting the
Tobacco Settlement between states and industry
that would provide a financial settlement,which
includes reimbursement to local governnlents for costs
incurred in serving individuals with tobacco-related
diseases.NLC further urges the enactment of an
agreement that does not preempt state and local tobacco
control laws and regulations.Meaningful legislation
should also provide a funding mechanism to offset costs for
enforcement of the agreement and ensuring that any
revenues raised by increasing the federal tobacco tax be
earmarked for health services and tobacco control
activities.
KEY ISSUES FOR CITIES:
Congress will be considering legislation in order to implement
the Global Tobacco Settlement,which would settle terms of the
State Attorneys General lawsuits versus the tobacco industry.
There are several areas that cities would like to see specifically
addressed:municipal recoupment of losses associated with
tobacco-related cases;preservation of local control over stronger
tobacco laws;reimbursement for costs associated with
enforcement;and that any revenues raised by increasing the
federal tobacco tax be earmarked for health services and tobacco
control activities.The settlement provides a way for cities to
recoup losses that could be used to build on preventative health
programs discouraging tobacco use.The cost of indigent health
care within municipalities may also be explored in the cases
where cities have filed lawsuits prior to June 20,1997.
BACKGROUND:
President Clinton and the State Attorneys General announced
the framework for a Global Tobacco Settlement in June,1997.
The proposed settlement has been negotiated by a group of State
Attorneys General and a group of tobacco manufacturers.The
proposed settlement would require tobacco companies to
provide $368.5 billion over 25 years to the states.The agreement
would also provide for limitations on tobacco advertising and
stricter controls over tobacco that would be regulated by the
Food and Dmg Administration (FDA).
Since the lawsuits brought against the tobacco companies were
filed by the states,there has been significant debate over the
federal government’s demand to share the financial settlement.
The lawsuits seek to recoup Medicaid payments,a program
financed by federal,state,and local governments.A tentative
agreement is in the works between the State Attorneys General
and President Clinton on a split of the settlement,where states
would receive $196 b~~~on of the settlement,the federal
government would receive $175.5 billion of the settlement,and
local governments would receive nothing.
In enacting legislation,Congress has the authority to modify the
agreement or pass provisions that are not included in the
proposed agreement.Under current proposed legislation,
tobacco companies could be exempt from pending lawsuits and
class action suits and could gain immunity from future lawsuits.
Furthermore,the Administration has included an additional $10
billion in the 1999 budget for bio-technical research and health
care to be financed by excise taxes on tobacco or direct
payments to the federal government by tobacco companies.
Over the course of 5 years,at least $60 billion in tobacco
settlement funds would become pan of the federal budget.The
increased spending is integrated into Clinton’s budget,which is
contingent upon the Congressional enactment of a
comprehensive settlement with the tobacco industry.
Many cities and states have already begun to regulate smoking
and advertising related to smoking.Many of the current bills
being considered allow for state and local governments to
continue to enforce and enact laws with stricter standards for the
regulation of tobacco,which could change during legislative
negotiations.The agreement could set national standards on
tobacco regulation that local governments would be forced to
implement and enforce,which would preempt local control.
Cities will need to ensure that legislation allows for local
governments to provide greater public safety protection and
remedies as well as retaining the right to control tobacco in ways
that are appropriate for local jurisdictions.The settlement could
preempt the ability of local governments to file lawsuits against
the tobacco industry.
National League of Cities
March ‘98
NLC POLICY:
A resolution passed at the 1997 Congress of Cities in
Philadelphia sets forth NLC policy governing the tobacco
settlement.
The resolution urges that any tobacco settlement legislation
include the following provisions:(1)direct funding to local
governments for cost related to serving those with tobacco-
related diseases;(2)reimbursement to local governments for
tobacco-related costs of insuring municipal employees;(3)any
funds designated for public health should be targeted to local
public health departments;(4)any increased federal tobacco
taxes must be earmarked for health services and tobacco control
activities;and (3)any federal legislation must not preempt the
authority of state and local governments to impose more
restnctive laws or regulations of tobacco products.
Under NLC policy on federal mandates,NLC will oppose
imposition of any federal unfunded mandates upon local
governments.If unfunded mandates are proposed,NLC will
advocate reimbursement of any city government costs.
CONGRES5IONpj~ACTION:
Due to of the complexity of the issue and the varier of interests
in the Global Tobacco Settlement,many bills have been
introduced and hearings are expected in both the House and the
Senate.
Proposals to enact the settlement into law have been submitted
by Senators joha McCain (K-AZ),Ted Kennedy (D-MA),Frank
Lautenberg (D-Nj),Dick Durbin (D-Nj),Orrin Hatch (K-Ui).
Senator Kent Conrad (D-ND),who is leading a Senate
Democratic task force reviewing the settlement,also plans to
propose legislation.Senate Majority Whip,Don Nickles (K-
OK)has requested legislative recommendations of seven Senate
committees with jurisdiction over tobacco by March.
On the House side,House Commerce Committee Chairman
Thomas Bliley (K-VA)was successful in retrieving secret
documents from the tobacco industry in mid-December 1997
after subpoenas were issued.The Commerce Committee will be
the primary focus of House action.
>>ACTION-
•Municipal elected officials should stress that the Global
Tobacco Settlement should not preempt state and local
governments from implementing more restrictive laws
and/or regulations over tobacco than might be set forth in
the legislation.It would be helpful to mention what kinds
of tobacco laws and regulations exist now in your
community and if any new laws and regulations are being
considered.
•Municipal elected officials should also stress that a federal
funding mechanism for cities needs to be created to pay for
local public health efforts and local enforcement of tobacco
regulation,as outlined in the tobacco agreement.
•Highlight that revenues raised by increasing federal tobacco
taxes must be earmarked for health services and tobacco
control activities,particuJarly since increased federal tax
levels on tobacco (around $1.50 to $2.00 per pack of
cigarettes)could reduce the revenues that state and local
governments obtain in excise taxes because of discouraging
behaviors and the limits such a high tax could place on local
and state excise taxes
For more information con tact
Kdstin Corinier
Legislative Counsel
Center ior Policy and Federal Rela dons
(202)626-3020
•Municipal elected officials should be prepared to discuss
with their Congressional delegations their city’s
contributions and payments towards tobacco-related
illnesses in Medicaid payments,indigent medical care,and
other forms.Point out if your city has a municipal hospital,
municipal employee health care costs related to tobacco,
and any other costs of tobacco-related illnesses.Also
mention the current public health operations in your city
and the mechanism for distribution of public health
services.
National League of Cities
March ‘98
HOUSING AND COMMUNITY
DEVELOPMENT
N LC commends the Congress for maintaining the
nation’s housing and community development
programs and services at current funding levels
while providing sufficient funds to renew all expiring
Section 8 contracts,supports the implementation of Section
8 reforms,urges Congress to agree on reforms of the public
housing program to provide public housing authorities
(PHAs)the flexibility they need to function efficiently,and
urges Congress to finalize legislation to block grant the
McKinney homeless programs to localities and to ensure
that the Low Income Housing Tax Credit is permanent
and improved.Finally,NLC urges Congress,particularly
the appropriators,to eliminate all set-asides in CDBG and
HOME.
KEY ISSUES FOR CITIES:
•Should Congress adopt changes to federal public housing
laws to exempt or relieve both the federal government and
public housing authorities (PHAs)from the obligation to
provide housing opportunities for the lowest income
families in a cliv or town,imposing greater burdens and
responsibilities on cities?
•Should Congress impose sanctions on cities by withholding
or redirecting their Community Development Block Grants
when their public housing authorities are designated
troubled by the Department of Housing and Urban
Development?
•Should Congress propose block granting public and project-
based Section 8 housing before completing reform of these
programs and while failing to filly find them?
•Should Congress consolidate the existing McKinney
programs to provide homeless assistance in cities but
impose one-size-fits-all restrictions in the use of these fluids
for permanent housing?
•Should Congress remove or set-aside significant portions of
the Community Development Block Grant (CDBG)and
HOME state and local block grant funding for uses
inconsistent with local needs and priorities?
BACKGROUND:
Public Housing Reform
Both the House (HR.2)and Senate (5.462)passed their
respective versions of comprehensive public housing reform last
year.However,there has been no visible progress in reconciling
their differences.The principle disagreement relates to their
inability to agree on which populations should be given priority
to live in federally assisted housing.Both bills would repeal
current federal housing preferences,which target this housing to
the very poor.Both would significantly increase preferences for
families with higher incomes,leaving less opportunities for the
lowest income families.
The preferences proposed in H.R.2 would require not less than
35 percent of public housing units that become available to be
occupied by families with incomes at or below 30 percent of area
median income (AMI),arid 65 percent of newly available units
could serve families between 30 percent and 80 percent of AMI.
The preferences in this bill for Section 8 units would require not
less than 40 percent of families that receive tenant-based Secuon
8 assistance (vouchers)to have incomes at or below 30 petcent
of A2~fl,while 60 percent of available vouchers could serve
families between 30 percent and 80 percent of A2~il.
The preferences proposed in S.462 would require not less than
40 percent of public housing units that become available must be
occupied by families at or below 30 percent of median income
(A2.tI),and not less than 70 percent of units must be occupied
by families with incomes at or below 60 percent of AMI.This
would permit a PHA to provide 30 percent of its available units
to families with incomes between 60 and 80 percent of A≥~fl.
The preferences in this bill for Section 8 units would require not
less than 65 percent of families that receive tenant-based Section
8 assistance (vouchers)must have incomes at or below 30
percent of A2.fl.Not less than 90 percent of these units must be
occupied by families at or below 60 percent of AMI.
The House bill includes three additional provisions of concern to
cities.The first would permit withholding or redirecting a city’s
CDBG block grant if the city’s PH becomes troubled due to
the acuon or inaction of the city.The second would repeal the
C
U.S.Housing Act of 1937,which would eliminate the country’s
commitment to provide safe,decent,affordable housing for all
Americans.The third provision would create a “home rule
flexible grant option,”which would allow local governments to
receive a direct grant combir g public and tenant-based Section
8 funds in one block grant.Many of the rules that lay out federal
housing policies would be suspended (rent setting and very low
income targeting would apply).Local governments that choose
this option would be able to use the block grant for housing
however they see fit,as long as substantially the same number of
families are served in some way,and families currently in assisted
housing are provided with affordable housing alternatives which
ensure their access to housing.
The Senate bill would not create sanctions on cities based on the
performance of their PHAs,and would leave the goals of the
U.S.Housing Act in place.It also takes a more cautious
approach to block granting these troubled and inadequately
funded programs by proposing a one-city (Indianapolis)
demonstration program to test the “home rule flexible block
grant option”before deciding whether to shift to block granting
all funding for these assisted housing programs
Due to these significant differences between the House and
Senate,a conference and agreement on public and Section 8
housing reform is not a certainty this year
McKinnev Homeless Housing Programs
In 1997,the House Banking Committee completed mark up and
reported out H.R.217 the “Homeless Housing Programs
Consolidation and Flexibility Act”.In the Senate there is interest
in introducing a homeless bill early this year
The House bill would consolidate all but 30 percent of
appropriated,McKinney,homeless,assistance funds into one
block grant for distribution to localities and states based on the
Emergency Shelter Grant (ESG)formula.Thirty-percent of
annual homeless funding would be dedicated to a competitive,
permanent housing program for the homeless.
There are provisions in the bill to address development of a new
formula for distribution of McKinney funds because the current
ESG formula does not accurately reflect the number of
homeless persons,particularly in large cities.Under the
McKinney Act’s current competitive process,cities like New
York,Boston and Chicago have been very successful,but under
a block grant based on the ESG distribution formula,they would
not do nearly as well.For this reason,there is a hold harmless
provision in H.R.217 to prevent a precipitous drop in funding to
these and other localities.
The House bill directs 51 percent of a city’s block grant to non
profit homeless housing and service providers.Localities would
be allowed to allocate their homeless block grants based on their
local needs for emergency shelter and 35 percent of a locality’s
permanent housing grant could be used for Section 8 rental
subsidies for homeless persons.The bill authorizes $1 billion
annually to fund all homeless programs covered under this
legislation.
NLC POLICY:NLC opposes the repeal of the U.S.
Housing Act of 1937,which would eliminate the country’s
commitment to provide safe,decent,affordable housing for all
Americans.NLC supports permanent regulatory relief for PHAs
and targeting provisions which make the balance of federally
assisted housing available to the very POOL NLC opposes the
House-proposed CDBG sanctions on cities,which would allow
the HUD Secretary to withhold or redirect a municipality’s
CDBG block grant if its local PHA becomes troubled due to the
action or inaction of the city.
NLC supports consolidation of homeless programs into one
flexible block grant,and opposes federal direction of 30 percent
of annual,homeless funding to permanent housing.Cities need
flexibility to decide how to best address the housing and service
needs of their homeless populations.
)*ACTIOPsI}Consult your PHA and city staffs to
determine what the effects of the proposed preferences for
higher income families,in the public and Section 8 programs,
would have on low-income families seeking housing assistance
in your community.
Let your Congressional delegation know how many poor families
‘vould look to the city for housing if their access to federally
assisted housing is eliminated by Congress and/or the PHA.
Let your Congressional delegation know the limits of your city’s
legal authorin’to control your local PHA.
Ask your city staff to determine what city programs would be
effected by a cut of 10 percent in your Community
Development Block Grant.
Urge your Congressional delegation to contact House and Senate
Conferees on H.R.2 and S.462 and ask them to:
•Support deregulation of public housing but ensure that this
housing resource remains targeted to serve families with the
greatest housing needs;
•Oppose the CDBG sanctions on cities in HR.2 and keep
sanctions out of any final agreement;and
•Support only a demonstration project of the home-rule
block grant until the reforms of public and Section 8
housing are complete and adequate funding is assured.
•Urge your Congressional delegation to contact members of
the Housing Subcommittees in the House and Senate and
urge them to support consolidation of the McKinney
homeless programs,so localities can determine their funding
priorities based on local need and not a one-size-fits-all,
federal ptiotiw for permanent housing.
•Urge your Congressional delegation to contact members of
the Appropriations Subcommittees in the House and
Senate,responsible for housing programs,and ask them to
oppose set-asides in the CDBG and HOME programs,
which would reduce your city’s grants and allow Washington
to direct the spending of some of these cntical resources on
federal priorities not local ones.
For more informs,don contact;Cameron Whitman,Senior
Legisladve Counsel,(202)626-3020
BANKRUPTCY
N LC urges Congress to pass legislation that provides
for the best interest of cities in the task of revising
the Federal Bankruptcy Code.
NLC supports the Investment in Education Act (S.1149),
which was passed by the Senate in 1997,and urges prompt
adoption by the House of Representatives.The Investment
in Education Act would allow for municipalities and public
entities operating schools to be paid for delinquent
property taxes ahead of other creditors when bankruptcies
are filed.
KEY ISSUES FOR CITIES:
Bankruptcy issues are vital to city interests for two primary
reasons:1)Private bankruptcies can disrupt the local economy
within a municipality because of unpaid debts that are part of a
city’s revenue stream;and 2)Cities need to retain the option for
using municipal bankruptcy as a means to avert a financial Crisis
for the city.
BACKGROUND:
Congress is considering legislation to overhaul the Federal
Bankruptcy Code.The last revision of the Federal Bankruptcy
Code was in 1978.In 1994,Congress created the National
Bankruptcy Review Commission to complete a two year study of
bankruptcy trends and law.The commission was created to
provide guidelines for updating the law and to look at ways to
reduce the increasing number of consumer bankruptcies in the
U.S.The reform effort in 1998,will likely focus on consumer
issues,but municipal bankruptcy issues may be included in the
discussion.
The National Bankruptcy Review Commission released its report
to Congress and the White House on October 20,1997,in a
1,300 page document of proposed changes to the bankruptcy
code.Many of the provisions outlined are related to consumer
bankruptcy issues.
The main issues in bankruptcy fall under the following areas:
Consumer Bankruptcy
Consumer and business bankruptcies are of interest to
municipalities since they impact taxpayers and constituents.
There is an overwhelming feeling in Congress that bankruptcy
options are overused and abused by the public and people
should be responsible for their debt,rather than being forgiven
under Chapter 7 of the federal bankruptcy code.Chapter 7
allows those filing to liquidate all debt and walk away with a
virtually clean credit slate after a set amount of time,usually -10
years.Congress is integrating ways,in the proposed legislation
for more people to utilize Chapter 13,which would force those
filing for bankruptcy to develop and comply with a plan to repay
debts,especially if they fall above a certain income level.
Revisions in the consumer bankruptcy area would also equalize
regulations that currently vary state to state,such as the
homestead exemption,which allows filers to keep homes with a
wide range of values.
Investment in Education Act
The Investment in Education Act was introduced by Senator
Grassley (R-L4)with the intention that gains recovered from
property taxes by those filing for bankruptcy would be carried
over into local education programs.Many local jurisdictions use
revenues derived from property taxes or “ad valorem”taxes and
suffer when taxes are delinquent due to delays built into the
bankruptcy code.This initiative would aid local governments in
recovering losses by giving fair access to assets of bankruptcy
estates and would prevent debtors from using the Bankruptcy
Code to skirt the law.
Municipal Bankruptcy
The National Bankruptcy Review Commission made several
proposals that are likely to be included in any bankruptcy
overhaul,as a direct result of Orange County’s filing for
bankruptcy in December 1994,after huge losses were incurred in
a risky investment strategy.
National League of Cities
March ‘98
Municipalities utilize Chapter 9 as means to adjust debts and
settle disputes with creditors as a vehicle of last resort.Unlike
Chapter 7 and 11 fot conirnercial,consumer,and corporate,
Chapter 9 on municipal bankruptcy does not permit cities and
towns to avert full debt repayment.Rather,it prevents debtor
suits against the city until it can reorganize its debts and develop
a plan to pay them off,Of the proposed revisions,Security
Contract Liquidation Clarifications is the most important to
cities.This provision would make cities able to liquidate
securities,commodities contracts,repurchase agreements,or
terminate swap agreements.This would give a city greater
financial flexibility.
Congress currently requires that state laws specifically permit a
bankruptcy filing in ordet for a municipality to file for Chapter 9.
Currently,19 states require specific authothation,and seven of
these require specific authorization by a government or
commission,officer,or agency in addition to the order of the
municipality to tile a Chapter 9.
Additionally,revisions and clarifications to Chapter 9 include:
•Municipalities would be permitted to serve on creditor’s
committees in Chapter 9 cases;and
•Protection to investors of tax-exempt municipal obligations
would be provided and municipalities would retain the
rights to use special revenues for necessary municipal
services.
NLC Pnlicv
NLC supports a priority position for municipal taxes in private
bankruptcy.NLC opposes any federal intrusion,which would
interfere with a municipality’s ability to reorganize and settle its
debts in order to return to financial independence as quickly as
possible.NLC opposes federal mandates requiring specific state
permission to file for protection.
CONGRESSIONa ACTION:
Hearings are likely on both the House and Senate sides
beginning early in the session.Aggressive action with the hopes
of passage of the legislation is anticipated on the House side.
The Senate anticipates that the complexity of bankruptcy will
necessitate a longer range time frame.
Consumer Bankruptcy
The Senate is considering the “Consumer Bankruptcy Reform
Act of 1997”,S.1301,which was introduced by Senator
Grassley (li-IA)on October 21,1997.The bill repeals the right
of the debtor to grant permission to the court for a case to be
transferred from Chapter 7 to Chapter 13.
In the House,Representative McCollurn (li-FL)introduced the
“Responsible Borrower Protection Bankruptcy Act,”which is
touted as favorable to lenders.The bill contains provisions that
would require Chapter —liquidation of debt would not be an
option for those filers who could afford to repay at least 20
percent of their unsecured debt,thus forcing the filer to Chapter
13,where they would be required to pay back some of their
Investment in Education Act
In the first session of the 105th Congress,the Senate passed the
Investment in Education Act,S.1149,which allows for property
taxes to be paid ahead of other creditors when a person files for
bankruptcy.The House has nor yet acted.This issue was not
included in the report of the National Bankruptcy Review
Commission.
Municipal Bankruptcy
Early in the second session of the 105th Congress,House
judiciary Subcommittee on Commercial and Administrative Law
Chairman George XV.Gekas (li-PA)will introduce a bill that will
contain the provisions of the National Bankruptcy Review
Commission.It is likely that the bill will contain some technical
revisions to clami4’the current bankruptcy code in terms of
Chapter 9,city bankruptcy issues.The Chapter 9 provision,
order for relief —which would allow for municipal bankruptcy
filings to provide immediate security for municipalities to repay
overdue debts —could be singled out by Gekas.Additionally,
the Investment in Education Act could be rolled into Gekas’
bankruptcy overhaul.
~>.>A CTIOM
•Municipal elected officials should be prepared to give a
dollar amount to the lost property tax revenues in their city
due to bankruptcy.Also be prepared to outline any other
areas where revenue collection is disturbed by personal or
corporate bankruptcies.
•Municipal officials should stress that revenues gained from
property taxes are usually the revenues that finance
education in many municipalities.If you can,provide
specific examples of what kinds of benefits would go to
your school system if cities had a higher tax priority for
uncollected liens in a bankruptcy filing.
•Municipal officials should stress that revisions to Chapter 9
should aid municipalities in recovering from a financial crisis
and that cities use Chapter 9 to resolve crisis in extreme
situations.
For mote .inforrna don contact
JCristh,Cannier
Legislative Counsel
Center for Policy and Federal Rela dons
(202)626-3020
debts.
National League of Cities
March ‘98