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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 05/14/1998 -rCityManager This update is designed to keep you informed of the legislative activities undertaken by the City of Fort Collins.It is provided bimonthly,throughout the legislative session,following every Council-Staff Legislative Review Committee meeting.Please direct all questions and comments regarding this update to Blair D.Leist via e-mail or extension 6796.Thank you. I.Minutes of the May 14,1998 meeting II.Enclosures City of Fort Collins List of Followed Bills 300 LaPorte Avenue •P.O.Box 580 •Fort Collins,CO 80522-0580 •(9701 221-6505 •FAX (9701 224-6107 0 LEGISLATIVE REVIEW COMMITTEE MEMBERS Council Members Ann Azari Mayor (970)221-6505 Scott Mason Councilmember 221-6505 Will Smith Mayor Pro Tem 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 Heffernan 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 May 14,1998 Council Attendance:Scoff Mason Staff Attendance:Rita Davis,Marty Heffeman,Alan Krcmarik,Gale McGaha Miller,Ron Phillips,Kevin Wilson,Steve Vandermeer,Blair Leist (Recorder) Legislative Review--Blair Leist Today’s LRC packet contains The City of Fort Collins List of Followed Bills as updated on May 13th. II.Finance and Taxation --Alan Krcmarik Federal Internet Tax Bill:There are two federal bills that have significant,negative impacts to local governments.An action alert has been initiated by CML which we will respond to,immediately, with letters and phone calls. Action:UPDATE--The letter drafted by Alan has been faxed to Senators Allard and Campbell,and Representative Schaffer.The Mayor has also made phone calls. State Internet Tax Bill:The Governor has stated he will not veto the bill,but he has not signed the bill yet. Surplus Revenue:The legislature did not address this issue and will reconvene in August to address.May adjourn immediately and wait for a new governor.Have to wait and see. III.Transportation --Ron Phillips HB 1256:Bill has passed and will go to the voters in November.If passes,could mean $400,000 to City annually for 5 years. SB 170:Killed in committee. HB1202 Passed.The bill appropriates $100 million for transportation.Extends SB- 1,from last year,for another six years and appropriates 10%of sales tax to HUTF.No local shareback and applies only to highways. 11B1335:Passed.Grants study of 1-70 corridor. HB1395:Passed.Appropriates $10 million to purchase Towner railroad in SE Colorado. V.Other Business Camera Radar On April 24th,the Court decided that home rule municipalities can bring suit against the State for passing legislation controlling the use of camera radar. 0 Communications HB1068 the bill to convert analogue radio systems to digital has passed.However,the funding has been reduced to $3.3 million from the original $51 million. Recreation The lottery bill has passed extending the lottery’s life to 2009. Land Use Congress is considering allowing aggrieved parties (in land use decisions)to bring their case to federal court.Would eliminate the need to bring suit in local and state judicial systems. Action:Tom Vosburg is reviewing this bill for possible action. Doug Bruce Has recently brought suit against the state’s Title Setting Board because of their denial of his ballot initiative.Also going after the judicial system and trying to establish term limits for judges. Broomfield Attempting to become a county entity.May have implications on the authority of the Colorado Constitution. Retail Wheeling All bills killed except the study bill.Authorizes committee of thirty people.HP and PRPA have requested that the City send letters in support of this committee. Action:Steve Vandermeer and Blair Leist will review Legislative Agenda to determine if there is policy supporting this action. Respectfully Submitted this 14th day of May,1998 Blair D.Leist May 13,1998 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 4 Applies standards to activities Norton Sent to None No impact to City Ml Monitor NR Woodmff on public property Governor 128 Establishes a clean screen Norton,HEWI,Reeves The City air program regards J/M as an important Ml Staft Support NR Smith program as part of the MR Schroeder Appropriations Bacon strategy.The Air Quality Action Plan calls for the program for auto emission recommendation of an imporved local/regional I/M inspections,program for the future.This bill is apotential vehicle to gain the Legislature’s consent for Is’Mprogram flexibility at the local level. 1003 Removes state Schauer Sent to Bacon No impact to City Ml Monitor NR Woodruff implementation plan req’s.Governor which are more stringent than federal mandated req’s. 1081 Req’s.Certain reporting by Bacon Bill signed Sil!ned Into Law Ml Monitor NR Woodruff owners of vehicles within the into law.No impact to CityAIRprogram 1106 Adds new or improved tech.Tucker Sent to None No impact to City Ml Monitor NR Woodruff As grounds for AQCC to Governor revise SIP plans or air quality regs.or standards 1109 Addresses req’s.of fed Taylor Signed into Signed Into Law Ml Monitor NR Woodr agencies concerning activities law.No impact to City on fed,lands. Elections 1105 CML sponsored bill Anderson Bill signed All Sianed Into Law Support Staff:support Clerks R.Harris simpli~’ing reporting into law The Clerks Office supports this bill because 1)clarifies A.Jensen requiremnts for bc,govt.who is the appropriate officer to file reports with during candidates un a a particular election 2)eliminates the requirement that a Campaign Practices ct.candidate in a local election file campaign reports every month beginning the sixth full month before an election and 3)eliminates quarterly filings following an election until the candidate has a zero balance May 13,1998 Bill #Bill 1 Bill 1Committee 1 Local I Summary CML I Staff&LRC City I Staff Description }_Sponsors j__Assigned j_Legislator Analysis Position Position Dept.Person Finance and Taxation 32 Modifies bc.govt.audit law Reeves Governor Signed Into Law Municipal Staff and LRC:Finance Krcmarik to provide more flexibility signed bill into Interest Oppose,but not a Causes more differences between slate and local taxregardingreqforinventoryoflaw. bases.May shift expenditures.strong position.property 49 Restricts state and bc.taxes Schroder Sent to Minor change to state law.Reviewed by CML and other Oppose Staff and LRC:oppose Finance JCrcmarik related to Internet transactions Governor cities;provides some additional flexibility.Not a big concern for Foil Collins 64 Provides for state and local Arnold Transport.None Killed In Committee Municipal Staff and LRC:Oppose Finance Krcmar(—. sales and use tax refunds Interest Creates more differences between state and local saleswhenautomobileisresold tax base.within 30 days 92 Completely exempts personal Duke Finance None Killed In Committee Oppose Staff and LRC:Oppose Finance Krcmarik property from taxes without Major revenue impact to City.Refers question to voter. replacing local revenue loss, subject to referendum 94 Provides aproperty tax credit Mutzebaugh None Lost on 2nd Reading Municipal Staff and LRC:Oppose Finance Krcmarik for the elderly which reduces Interest local tax revenues Large impact to school district,county,and other entities that rely on property tax revenue. 100 Specifies that utility and other Ament Senate Tool Specifies that pipelines,utility lines,and Municipal Staff and LRC:Finance Krcmarik peoperty installed in repasses Bacon telecommunications lines are personal property.Interest Monitor easements or ROWs will be treated as personal peroperty for tax purposes 101 Exempts clothing and Blickensderf Senate None Killed In Committee Municipal Staff and LRC:Finance Krcmari Interest Oppose,but no strongfootwearfromstateandlocalerAppropriationsCausesdifferencesbetweenstateandlocaltaxbases. sales and use taxes.action.May shif expenditures. 1005 Increases amount of business Spradley House concurs All House Bill is Vetoed Oppose Staff and LRC:Oppose Finance Krcmarik personal properly tax w/Senate Reps.Provides a partial exemption for business personalexemptionwithonlypartialamends;property.Phases out personal properly over 8 year state revenue replacement for repasses.period. bc.govis. 1020 Relaxes req’s.for bc.govl.Taylor Bill signed Governor’s Signed Into Law Support Staff and LRC:Support Finance Krcmarik having small budgets into law.Office Increases the local govt.exemption for small bc.govts. from $50,000 to $100,000. May 13,1998 Bill #Bill Bill Committee Local Summary CML Staff &LRC City Staff Description Sponsors Assigned Legislator AHalysis Position Position Dept.Person 1030 Exempts value of FCC Agler Sent to None Decreases tax revenue Municipal Staff and LRC:Oppose Finance Krcmaiik licenses granted to wireless Governor Interest carriers from property taxes 1065 Repeals state sales tax on McElhany Passes S3rd All Bill is Vetoed——Veto Sustained Oppose Staff and LRC:Lean to Finance Krcmarik telecommunication services reading;sent oppose,but monitor for and reqs.bc.govts.to act back to House.Repeals state sales lax on telephone and telegraph nowservices.Current version allows local governments toaffirmativelyinordertoretaintaxsuchservices. the tax 1069 Enacts state programs to assist George Appropriations Bacon Killed In Committee Municipal Staff and LRC:Finance lCrcmarik growth impacted bc.govts.Interest Monitor,lean towardAnassistanceprogramforcitiesandtownsexperiencingsupport rapid growth.Sets up a pilot program and iniitial funding for program. 1085 Authorizes direct payment of G Berry House Bacon Killed In Committee Municipal Staff and LRC:Oppose Finance Krcmarik state and local sales and use Appropriations InterestExec.Director of State Dept.of Revenue may issuetaxesbylargebusinesses,direct payment permits to certain qualified vendors Pennits have been problematic for City I too Permanently reduces state Lamboni Senate None Killed In Committee Municipal Staff and LRC:Finance Krcmarik Interest Monitorincometaxratefrom5toAppropriationsNodirect/detrimental impacts to City 4.75%;subject to refemdum Finance and Taxation—Surplus Related Legislation 140 Reduces shcool property tax Blickensderf None Killed In Committee Municipal Staff and LRC:Finance Krcmarik levies er Interest MonitorCreatesaschooldistrictmilllevyreductionfund. Transfers the lesser of $280 million or the amount of the prior year excess from the Slate General Fund to the SDMLRF.Requires proportional reduction of mill levy for all school districts 169 Temporary reduction of state Norton Appropriations None Killed In Committee Municipal Staff and LRC:Finance Krcmarik income tax rate Interest MonitorRequiresexcessrevenuerefundstobemadethrough income tax credits.Allows additional time for refund to be made.Only effective if no election to approve use of excess revenue is successftil. May 13,1998 Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 170 Increased transportation Norton Passes 3rd None Killed In Committee Support Staff and LRC:Finance Krcmarik Support Transp.PhillipsfundingreadingonFornextfiveyears,this bill makes increased revenue Sfloor.transfer to be used for state and local transportationAssignedtoconstructionandmaintenance.Sales and use tax Htrans.and Approp 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. 1202 Highway construction May Sent to None Increase General Fund transfer to capital construction Municipal Staff and LRC:Finance Krcmarik allocations Governor fund $100 million for highway construction,repair,Interest Monitor maintenance and expansion. 1212 Spending excess state George Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarilc revenuew Interest Monitor Up to $250 million of excess revenue to be approved by voters for state use.Many uses for the hinds:local growth impacts,school capital projects for health and safetyk health insurance,Children’s Basic Health plan, finance public schools,multimiodal transportation,State Capitol,water lawsuits,native species protection, abandoned mine clean up,and water storage.Trmporary income tax reduction for amounts over $250 million. 1256 Authorizes retention of state Anderson Conf.Comm.All Authorized retention of state reveunes exceeding Municipal Staff and LRC:Finance Krcmarik revenues report adopted TABOR limits for K-l2 education,higher education,and Interest Monitor state and local transportation needs. 1263 Disposition of constitutional Saliman Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik limited revenues Interest Monitor Upto $100 million to be refunded to taxpayers.Excess divided among school constmction,higher education, and HUTF.$90 million to HIJTF,18%to cities.Would C) require voter approval. 1275 Revenue excess and property Adkins Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik tax reduction Interest MonitorAnindirectrefundofstatedollars.State revenue excesses would be applied to school finance.Local property taxes would be reduced based on number of students. Human Resources May 13,1998 Bill #Bill Bill Committee Local Summary CML Staff &LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept Person 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 be.govt. retalieation actions agains their employees. Light and Power 152 Provides for a study of Wauenberg Business Matsunaka Sets up a21 person panel to study the impacts of retail Support Staff and LRC:Light &Swi~erTh electric power retail wheeling.Support Power competion 178 Restructuring the retail Blickensderf Loc.Govt.Reeves Killed in Committee Oppose Staff:Oppose Light St Switzer electric market in Colorado er Business Matsunaka PowerDetrimentaltoPRPAanddoesnotallowmanyofthe affected interests to participate in the process 1284 Reqs.implementation of Schauer Business None Requires full retail wheeling by July I,2000.No rate Oppose Staff and LRC:Oppose Light &Switzer electric power retail comp.protection to residential,low-income,or small business Power customers. 1285 Imposes conditions on Veiga Business None Killed In Committee Municipal Staff and LRC:No Light&Switzer implementation of electric Interest position Power power retail wheeling to Attempts to predetermine the rules on many criticalissuesbeforeanyderegualtiondecisionismade.protect consumers and the Establishes a 3%of non-bypassable gross revenue charge environment.to be used for public benefits including renewable energy resources,energy efficiency programs,low income energy assistance,weatherization,consumer education, and subsidizing decentralized community energy systems. 1381 Restructuring the retail McPherson Business None Killed in Committee Municipal Staff and LRC:Oppose Light St Switzer electric market in Colorado Interest Power Land Use 1129 Eminent Domain—Prohibits Salaz Loc.Govt.Johnson Killed in Committee Municipal Staff:oppose ROW Mills generally for purpose of Interest Trans Phillips reselling to private persons or CPES VosburgROW--The bill is not necessaxy becauseI)if aentitiesforcommercialusemunicipalitycan’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. May 13,1998 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 006 Confers on political Ament Agriculture None Killed In Committee MI Staff and LRC:Amend Aft.S.Roy subdivisions standing to assert ......to limit to injunctiveBillmaybebeneficialInthatitenablescitiestoordefendpropertyorcontracta.,,relief rather than .challenge,on takings grounds,the regs.of other govt.nghts .......monetary damages. entities.Goes too far in authorizing govt.entities to recover monetary damages against one another Natural Resources 1006 Creates state fluid to promote Adkins Passes 143rd Bacon The bill I)appropriates moneys from the State General Ml Staff and LRC:Support Nit Shoemaker conservation of endangered reading.Sent Fund and would amount to $5.8 million for FY 1998 and species to SApprop.FY 1999;2)does not directly affect local government and does not impose any regulatory obligations or provide any funding 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 a party to,or affected by,cooperative agreements or programs for the recovery of threatened or endangered species.Analysis attached. Parks and Recreation 3 Extends Lottery sunset from Bishop Bill signed All Senators Signed Into Law Support Staff and LRC:Support CUtS Ileffernan 1999 to 2014 into law The lottery has been very beneficial to the City. Conservation Trust Funds (40%of GOCO funding)have provided funding 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,funding for the Poudre River Gravel Study,renovation of Sheldon Lake and various trail projects. May 13,1998 Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 65 Provides for video lottery Lacy None Killed in Committee Municipal Staff and LRC:CLRS Heffernan terminals at race backs and Interest MonitorNotagoodbill,but does not warrant any City action.allocates dome profits to Colorado promotion find Police 31 Modifies youth crime Linkhart Bill signed Signed Into Law Ml Support Police Davis prevention and intervention into law.Requires results-oriented criteria for measuring programprogramseffectivenessandpersonsewedbyprogramtobetracked for 2 years. 37 Restricts disciplinary action Lacy Bill signed Sinned Into Law Oppose Monitor Police Davis when “sting”operations mb law.Sets limits on the disciplinary actions that may be takenuncoverillegalsalestominorsagainstaretaillicenseeofalcoholicbeverageswhen caught in a sting using a person under 21 years of age. SI 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 Committee Oppose Oppose Police Davis including some reductions in A mixture of changes to the law that makes the criteriacrimesandpreemptionofforviolationorproofofviolationmorestringent.Fewer local authority 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 InterestAddstrackingdevicestothedefinitionofelectroniceavesdroppingcommunications.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 House HEWI None Killed in Committee Municipal Oppose Police Davis exchange programs InterestSignificantconcernsovertheeffectivenessofthe programs.Encourages drug use and abuse. May 13,1998 Bill #Bill Bill Committee 1 Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept Person 1034 Regulates dissemination of Snyder Killed in Committee Municipal NA Police Davis information about sex Interest offenders 1068 Establishes and finds a state Anderson Senate None Establishes a trust find ($50 million)to help provide Municipal NA Davis Police communications pregram repasses.public safety radio communications.Fund can be used Interest Stroh CST for the acquisition &maintenance of public safety radio Boyd PEA communications for use by Dept’s of public safety, transportation,natural resourtes and corrections.Adopt a statewide recommended standard for the replacement of analog-based equipment with digital-based radio equipment. 1091 Increases penalty for weapons Epps SApprop None Killed In Committee Municipal Support Police Davis possession by felons None Interest Increases penalty for possession of aweapon for convicted felons from a class 1misdemeanor to a class 6 felony. 1102 Modifies Colorado’s instant Owen Bill signed Governor’s Signed Into Law Municipal Monitor Police Davis InterestcriminalbackgroundcheckintolawOfficeAsintroduced,conformed state law to implementation of system for weapons Brady law and also made some changes in instacheck that were inconsistent with Brady.Inconsistent parts have been removed. 1148 Open records—Req’s.law Schauer Judiciary Kaufman Killed In Committee Municipal Oppose Police Davis enforcement agencies to Bill adds more specificity and detail to what has to go Interest prepare and make available to into public records regarding criminal investigations. the public specified arrest and Bill gets very specific,may cost considerable amounts to incident reports comply and may hamper investigations. 1187 Imposes driving restrictions Morrison Killed In Committee C’ On minors 1260 Preempts weapons regulations Salaz Senate None Killed In Committee Municipal Oppose Police Davis by local governments Judiciary The bill makes firearms an issue of statewide concern Interest and I)preemts bc.govt’s.from adopting ordinances more restrictive than the state law and 2)makes such ordinances unenforceable at the bc.level. Transportation May 13,1998 Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 170 Increased funding for Norton SApprop All Senators Increases the percentage of state sales and use tax Municipal Staff and LRC:Transp.Phillips transportation needs in amends bill available for transportation.Creates a surplus revenue Interest Support Finance Krcmarik Colorado and send to transportation fund and provides for local shareback of floor for 2nd both new revenue sources.Refers the act to the voters reading for local shareback of both new revenue sources.Refers the act to the voters in 1998. It 13 Authorizes scratch games Lawrence Senate State None Killed In Committee Municipal Staff and LRC:CLRS Heffeman based on Bingo Affairs ...Interest Monitor Has the potential to provide S6-8 million to Great Outdoors Colorado 1375 Establishes transportation Anderson Passes S3rd Governor’s Signed Into Law NA Staff and LRC Transp.Phillips planning regions reading;sent Office Analysis PendingtoGovernor. Water 179 State authority to assess Dennis Senate Local Reeves Grants State authority to assess administrative penalties No Staff and LRC Water Gale administrative penalities and Government and fines.Such authroity is required by EPA as a position Utilities McGaha’ fines amends bill condition for receiving State revolving loan monies.The Miller and sends to water community supports this bill.It is awaiting its floor for 2nd second reading on the Senate floor. reading SJR 7 Colorado environmental self-Norton Adopted 3/20 NA Adonted No NA Water Gale audit .position Utilities McGahaRequeststhatEPAallowstheCob,environmental self Miller audit law (SAL)to remain intact without EPA interference.Colorado’s law allows enforcement immunity for entities that discover environ,violations in the course of a self audit and take appropriate steps to correct them.Immunity narrowly defined,one of country’s best SALs.Not liked by EPA,threatened to pull CO enviro program.Supported by AG Norton because it will help resolve the conflict between State and EPA. FED Repeals water efficiency Knollenberg House Diane DeGette This is a step backwards in terms of water conservation.It NA Staff and LRC:Water Gale HR.standards for toilets,Commerce Dan Schaefer would eliminate the requirement that new toilets and other Utilities McGaha 859 showerheads,and urinals.Hsc Energy fixtures be ultra-low flow.This is a direct contradiction of Miller and Power the Water Demand Management Policy.The Water Board has requested/recommended that the LRC take a position opposing this bill and that we contact local legislators.