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HomeMy WebLinkAboutAgenda - Mail Packet - 04/01/2025 - Legislative Review Committee Agenda – April 1, 2025 City Manager’s Office 80522 970.221.6505 fcgov.com Legislative Review Committee Agenda Tuesday, April 1, 2025 4:00 - 5:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Teams option: Join the meeting now Meeting ID: 250 200 716 883 Passcode: Kx7t7MH3 Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. A. Call Meeting to Order B. Approval of Minutes from March 18, 2025. Draft attached C. Bill Overview and Discussion Position Bills a. HB-1029: Municipal Authority over Certain Land-Support – (PASSED and headed to Governor!) b. HB-1039 Commercial Vehicle Muffler Requirements- Support c. HB- 1044: Local Funding for Vulnerable Road User Protection-Support (PI’d; new bill anticipated) d. HB-1051: Repeal Recycled Bag Carryout Fee- Oppose (has been Postponed Indefinitely) e. HB-1056: Local Government Permitting Wireless Telecommunications Facilities-Oppose f. HB-1060: Electronic Fence Detection System – Oppose g. HB-1077: Backflow Prevention Devices Requirement – Support (Passed) h. HB-1096: Automated Permits for Clean Energy Technology – Oppose i. HB-1113: Limit Turf in New Residential Development – Monitor j. HB-1147: Fairness and Transparency in Municipal Court – Oppose (Passed) k. HB-1224: Revised Uniform Unclaimed Property Act Modifications (CML Amend)(Passed) l. HB-1268: Utility On-Bill Repayment Program Financing – Support m. HB-1272: Construction Defects & Middle Market Housing – Support n. HB 1276: Court Actions Related to Failure to Appear in Court – Support o. HB 1295: Food Truck Operations – Monitor p. SB-001: Colorado Voting Rights Act – Monitor q. SB-002: Regional Building Codes for Factory-Built Structures – Amend r. SB-020: Tenant and Landlord Law Enforcement – Amend (Sponsor NOT open to amendments) s. SB-030: Increase Transportation Mode Choice Reduce Emissions – Amend t. SB-077: Modifications to Colorado Open Records Act – Monitor u. SB-163: Battery Storage Programs – Support City Manager’s Office 80522 970.221.6505 fcgov.com Tracked Bills a. HB-1031: Law Enforcement Whistleblower Protection (CML Amend) b. HB-1032: Improving Infrastructure to Reduce Homelessness (CML Amend) c. HB-1169: Housing Developments on Faith and Educational Land (CML Oppose) d. HB- 1239: Colorado Anti-Discrimination Act (CML Oppose) (Fiscal Note) e. HB-1273: Residential Building Stair Modernization (CML Oppose) f. HB 1300: Workers' Compensation Benefits Proof of Entitlement (CML Oppose) Noted Bills that Passed a. SB 046: Local Government Tax Audit Confidentiality Standards The Sales and Use Tax Simplification Task Force introduced this bill to establish uniform confidentiality standards for third-party auditors conducting sales or use tax investigations on behalf of local taxing jurisdictions. D. CC4CA/CML Policy related E. Other Business F. Adjournment Next Scheduled Committee Meetings: • Tuesday, April 15, 2025 at 4:00 PM • Tuesday, May 6, 2025 at 4:00 PM • Tuesday, May 20, 2025 at 4:00 PM – Passed Bills Overview and Update City Manager’s Office 970.221.6505 fcgov.com DRAFT-Legislative Review Committee Agenda Tuesday, March 18, 2025 A. Call Meeting to Order at 4:02PM Councilmembers present: Councilmember Canonico, Councilmember Ohlson, Councilmember Pignataro Staff/Lobbyists present: Tyler Marr, Ginny Sawyer, Dianne Criswell, Megan DeMasters, Jenn Cassell B. Approval of Minutes from March 4, 2025. Moved by Pignataro, seconded by Ohlson, motion passed 3-0. C. Bill Overview and Discussion Position Bills • HB-1029: Municipal Authority over Certain Land-Support – (PASSED and headed to Governor!) • Requested bill signing and will ensure governor is on-board with no questions. • Committee requested detail on final amendments. Staff will follow-up. • HB-1039 Commercial Vehicle Muffler Requirements- Support • HB- 1044: Local Funding for Vulnerable Road User Protection-Support (PI’d; new bill anticipated) • Still waiting on next version of bill but expect a $3.50 surcharge on all car insurance to fund crash prevention efforts, including 20% for wildlife crossings. • HB-1051: Repeal Recycled Bag Carryout Fee- Oppose (has been Postponed Indefinitely) • HB-1056: Local Government Permitting Wireless Telecommunications Facilities-Oppose • CML was able to get a tolling amendment on this bill. • HB-1060: Electronic Fence Detection System – Oppose • HB-1077: Backflow Prevention Devices Requirement – Support (Passed) • HB-1096: Automated Permits for Clean Energy Technology – Oppose • Staff will continue to testify in opposition. Ginny will send Jenn notes on this item. • HB-1113: Limit Turf in New Residential Development – Monitor • HB-1147: Fairness and Transparency in Municipal Court – Oppose (Passed) • HB-1224: Revised Uniform Unclaimed Property Act Modifications (CML Amend) • HB-1268: Utility On-Bill Repayment Program Financing – Support • HB-1272: Construction Defects & Middle Market Housing – Support • SB-001: Colorado Voting Rights Act – Monitor • SB-002: Regional Building Codes for Factory-Built Structures – Amend • SB-020: Tenant and Landlord Law Enforcement – Amend (Sponsor NOT open to amendments) • Will continue to watch this bill and possibly consider running a bill next year that would add commercial property in specific situations. • SB-030: Increase Transportation Mode Choice Reduce Emissions – Amend • SB-077: Modifications to Colorado Open Records Act – Monitor • SB-163: Battery Storage Programs – Support City Manager’s Office 970.221.6505 fcgov.com Tracked Bills a. HB-1031: Law Enforcement Whistleblower Protection (CML Amend) b. HB-1032: Improving Infrastructure to Reduce Homelessness (CML Amend) c. HB 1042: Air Quality Control Regulation Workforce Impact (Fiscal Note) d. HB-1169: Housing Developments on Faith and Educational Land (CML Oppose) • Passed the House. e. HB- 1239: Colorado Anti-Discrimination Act (CML Oppose) (Fiscal Note) f. HB-1273: Residential Building Stair Modernization (CML Amend) g. HB-1276: Court Actions Related to failure to Appear in Court (CML Support) • With the passage of HB 1147, committee will move to a Support position. h. HB-1295: Food Truck Operations (CML Oppose) • Move to Monitor position. i. SB-132: Spirituous Liquor Manufacturer Tastings Conducted (CML Oppose) j. SB-161: Transit Reform (CML Amend) k. SB 182: Embodied Carbon Reduction (Fiscal Note) l. Also discussed HB 1300: Workers' Compensation Benefits Proof of Entitlement • Will keep this on the Tracked Bills list. D. CC4CA/CML Policy related • CC4CA looking at: HB 1292 Transmission Lines in State Highway Rights-of-Way E. Other Business • Staff will identify a time to provide a report-out on bills of interest that pass the session. F. Adjournment Fort Collins Position Bills – April 1, 2025 Bill # Title Description Position Status Sponsors (House and Senate) HB25- 1029 Municipal Authority over Certain Land Concerning the scope of municipal authority over land that a municipality acquires that is outside its municipal limits. Support Governor Signed (03/26/2025) House: A. Boesenecker (D); Senate: L. Liston (R), C. Kipp (D) HB25- 1039 Commercial Vehicle Muffler Requirements Concerning muffler requirements for commercial vehicles. Support House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (01/28/2025) House: B. Titone (D), L. Smith (D); Senate: M. Catlin (R), D. Roberts (D) HB25- 1044 Local Funding for Vulnerable Road User Protection Concerning authorization for local governments to generate additional fee-based funding for local vulnerable road user protection strategies. Support House Committee on Transportation, Housing & Local Government Postpone Indefinitely (02/12/2025) House: A. Boesenecker (D); Senate: F. Winter (D), L. Cutter (D) HB25- 1051 Repeal Recycled Paper Carryout Bag Fee Concerning repealing the requirement that retail establishments charge a fee for providing recycled paper carryout bags. Oppose House Committee on Energy & Environment Postpone Indefinitely (02/06/2025) House: R. Gonzalez (R), R. Pugliese (R); Senate: B. Pelton (R) HB25- 1056 Local Government Permitting Wireless Telecommunications Facilities Concerning local government permitting of wireless telecommunications facilities. Oppose House Considered Senate Amendments - Result was to Laid Over Daily (03/19/2025) House: J. Bacon (D), M. Lukens (D); Senate: D. Roberts (D), N. Hinrichsen (D) HB25- 1060 Electronic Fence Detection Systems Concerning the use of electronic fence detection systems. Oppose Introduced In Senate - Assigned to Local Government & Housing (03/04/2025) House: M. Soper (R), C. Clifford (D); Senate: K. Mullica (D), B. Kirkmeyer (R) HB25- 1077 Backflow Prevention Devices Requirements Concerning requirements for individuals who work on backflow prevention devices, and, in connection therewith, removing the licensure requirement for individuals who inspect, test, or repair the devices. Support Sent to the Governor (03/20/2025) House: N. Ricks (D), S. Lieder (D); Senate: D. Roberts (D), J. Rich (R) HB25- 1096 Automated Permits for Clean Energy Technology Concerning automated permitting for residential clean energy technology projects, and, in connection therewith, requiring counties and municipalities over a certain population and the state electrical board to implement an automated residential solar permitting platform to review and issue permits related to residential solar panel installations. Oppose House Second Reading Laid Over Daily - No Amendments (03/25/2025) House: L. Smith (D), K. Brown (D); Senate: M. Ball (D) HB25- 1113 Limit Turf in New Residential Development Concerning limiting the use of certain landscaping practices in new residential development. Monitor Introduced In Senate - Assigned to Agriculture & Natural Resources (03/06/2025) House: L. Smith (D), K. McCormick (D); Senate: D. Roberts (D) HB25- 1147 Fairness & Transparency in Municipal Court Concerning measures to ensure that municipal court defendants are subject to similar conditions as state court defendants. Oppose Introduced In Senate - Assigned to Judiciary (03/12/2025) House: J. Mabrey (D), E. Velasco (D); Senate: M. Weissman (D), J. Amabile (D) HB25- 1224 Revised Uniform Unclaimed Property Act Modifications Concerning modification of the ""Revised Uniform Unclaimed Property Act"". Monitor Introduced In Senate - Assigned to Finance (03/25/2025) House: B. Titone (D), M. Soper (R); Senate: M. Snyder (D) 2 HB25- 1268 Utility On-Bill Repayment Program Financing Concerning the financing of a utility on-bill repayment program for certain energy-related improvements. Support House Committee on Energy & Environment Refer Amended to Finance (03/20/2025) House: M. Froelich (D), J. Joseph (D); Senate: F. Winter (D), K. Mullica (D) HB25- 1272 Construction Defects & Middle Market Housing Concerning housing. Support House Second Reading Laid Over Daily - No Amendments (03/21/2025) House: S. Bird (D), A. Boesenecker (D); Senate: J. Coleman (D), D. Roberts (D) HB25- 1276 Court Actions Related to Failure to Appear in Court Concerning defendants who fail to appear in court, and, in connection therewith, permitting certain conditions on pre-trial release for defendants who have previously failed to appear. Support Introduced In House - Assigned to Judiciary (02/20/2025) House: S. Bird (D), M. Soper (R); Senate: D. Roberts (D), L. Frizell (R) HB25- 1295 Food Truck Operations Concerning the operation of food trucks, and, in connection therewith, establishing a reciprocal licensing and permitting system between local government jurisdictions for the operation of food trucks. Monitor House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole (03/25/2025) House: M. Rutinel (D); Senate: SB25- 001 Colorado Voting Rights Act Concerning the administration of elections, and, in connection therewith, creating the Colorado Voting Rights Act. Monitor Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole (03/26/2025) Senate: J. Gonzales (D); House: J. Bacon (D), J. Joseph (D) SB25- 002 Regional Building Codes for Factory-Built Structures Concerning the development of regional building codes that account for local climatic and geographic conditions for the construction and installation of residential and nonresidential factory-built structures. Amend Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole (03/26/2025) Senate: J. Bridges (D), T. Exum Sr. (D); House: A. Boesenecker (D), R. Stewart (D) SB25- 020 Tenant and Landlord Law Enforcement Concerning the enforcement of existing landlord-tenant law. Amend Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole (03/26/2025) Senate: M. Weissman (D), J. Gonzales (D); House: M. Lindsay (D), J. Mabrey (D) SB25- 030 Increase Transportation Mode Choice Reduce Emissions Concerning measures to increase transportation mode choice to reduce emissions. Amend Senate Committee on Transportation & Energy Refer Amended to Appropriations (03/12/2025) Senate: F. Winter (D), N. Hinrichsen (D); House: M. Froelich (D) SB25- 077 Modifications to Colorado Open Records Act Concerning modifications to the ""Colorado Open Records Act"". Monitor House Second Reading Laid Over Daily - No Amendments (03/13/2025) Senate: J. Rich (R), C. Kipp (D); House: M. Soper (R), M. Carter (D) SB25- 163 Battery Stewardship Programs Concerning the establishment of battery stewardship programs for the disposal of certain batteries. Support Senate Committee on Health & Human Services Refer Amended to Appropriations (02/26/2025) Senate: L. Cutter (D); House: K. Brown (D), R. Stewart (D) Fort Collins Tracking Bills – March 18, 2025 Bill # Title Summary HB25- 1169 Housing Developments on Faith and Educational Land The bill requires a subject jurisdiction, on or after December 31, 2026, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. The bill specifies that a subject jurisdiction shall not: • Disallow construction of a residential development on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall; • Disallow construction of a residential development on the basis of height if the tallest structure in the residential development complies with the height- related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built; • Disallow construction of a residential development based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or • Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; or on-site landscaping, screening, and buffering requirements. A subject jurisdiction shall allow the following uses in a residential development on a qualifying property: • Childcare; and • The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community. A subject jurisdiction may condition additional uses in a residential development on the uses being allowed only on the ground floor of the residential development and the uses occupying no more than 15% of the ground floor area of the residential development. The bill requires a faith-based organization, school district, or state college or university to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county. Fort Collins Tracking Bills – March 18, 2025 2 HB25- 1239 Colorado Anti- Discrimination Act The bill consolidates damages provisions for individuals with disabilities who experience an unfair housing practice, discrimination in places of public accommodation, or a violation of their civil rights with the general protections under the Colorado anti-discrimination act (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA include a court order requiring compliance with the applicable section of CADA, actual monetary damages, attorney fees and costs, damages for noneconomic loss or injury, and a statutory fine of $5,000 per aggrieved party and per violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. The bill also extends the deadline for filing a charge with the Colorado civil rights commission alleging discrimination in places of public accommodation or discriminatory advertising from 60 days to one year after the alleged discriminatory act occurred. HB25- 1273 Residential Building Stair Modernization The bill defines a subject jurisdiction as a municipality with a population of 100,000 or more that is served by a fire protection district or fire department that is or was accredited by a specified organization. On or before December 1, 2027, the bill requires the governing body of a subject jurisdiction to adopt a building code, or amend an existing building code, to allow up to 5 stories of a multifamily residential building that satisfies certain conditions to be served by a single exit. This requirement only applies to the area within a subject jurisdiction that is served by a single fire protection district or fire department. The bill also clarifies that the adoption or amendment of a building code to satisfy the requirements of the bill does not qualify as adopting or enforcing a building code for the purpose of determining whether the governing body of a municipality is required to adopt an energy code. Fort Collins Tracking Bills – March 18, 2025 3 HB25- 1276 Court Actions Related to Failure to Appear in Court Under current law, a court is required to release a person on a personal recognizance bond if the person was charged with an offense for a violation with a maximum penalty that does not exceed 6 months' imprisonment, and the court cannot require the person to give security of any kind for their appearance for trial other than their personal recognizance, unless certain conditions exist. The bill clarifies these provisions apply in both state and municipal courts. The bill adds to the conditions for which a person may be required to give security that the defendant previously failed to appear in court 2 or more times in the present case. Existing law prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, or a municipal offense for which there is no comparable state misdemeanor offense, with specified exceptions. The bill adds exceptions for: • A petty offense for theft, criminal mischief, or arson, or a comparable municipal offense, or a municipal offense involving threats of violence, injury, or property damage, if the defendant has previously failed to appear in court 2 or more times in the present case; and • Any other petty offense, traffic offense, or a comparable municipal offense or a municipal offense for which there is no comparable state offense, if the defendant has previously failed to appear for a court proceeding 3 or more times in the present case and has another pending charge for the same offense in the same jurisdiction. The bill applies the exceptions involving previous instances of a defendant's failure to appear for a court proceeding only when, prior to issuing a warrant for the arrest of the defendant for the previous failure to appear, the court conducted a search to determine whether the defendant was being held in a correctional facility or county jail, and at the time of the previous failure to appear, the court had certain processes in place governing failures to appear. HB25- 1295 Food Truck Operations The bill creates a reciprocal licensing and permitting system for the operation of food trucks within the jurisdictions of local governments in the state. The bill requires a local government to grant the owner or operator of a food truck a reciprocal business license, reciprocal health department permit, and reciprocal fire safety permit (reciprocal license and reciprocal permits), which reciprocal license and reciprocal permits allow the owner or operator of a food truck to operate within the local government's jurisdiction, if the owner or operator of a food truck: • Has an active business license from another local government; • Has an active health department permit from another local government; • Has an active fire safety permit from another local government; and • Pays applicable application and licensing and permitting fees. A local government must review an application for the reciprocal license and reciprocal permits within 14 calendar days after receiving the application and decide whether to approve or deny the application. The local government may deny the application under certain circumstances. The local government Fort Collins Tracking Bills – March 18, 2025 4 may collect an application fee and charge reduced licensing and permitting fees for granting the reciprocal license and reciprocal permits. The bill prohibits the governing body of a local government from adopting an ordinance, resolution, regulation, zoning code, or other code that: • Prohibits the operation of a food truck in a zone in which a food establishment is considered a permitted or conditional use; • Restricts the total number of days a food truck may be operated within the local government's jurisdiction during a calendar year; or • Prohibits the operation of a food truck within a certain distance of another food establishment, unless the specified distance is less than 50 feet. HB25- 1300 Workers' Compensation Benefits Proof of Entitlement In a dispute in a workers' compensation claim, current law requires a claimant to prove, by a preponderance of the evidence, the claimant's entitlement to medical benefits. When the dispute concerns whether the medical treatment recommended by an authorized treating physician is reasonable, necessary, and related to the claimant's injury, the bill shifts the burden of proof from the claimant to the claimant's employer or the employer's workers' compensation insurer. The bill provides injured workers control over the selection of their primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which an injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician. SB25-161 Transit Reform The bill makes the following changes for the purpose of improving the performance of the regional transportation district (RTD): • Authorizes RTD to enter into a service partnership agreement with a local government, institution of higher education, or other entity to expand services within RTD's service territory ( section 2 of the bill); • Requires RTD, in discharging its responsibilities, to ( section 3 ): • Align with statewide greenhouse gas reduction targets, Transportation Vision 2035 goals, and mode choice targets as will be developed according to Senate Bill 25-030, if enacted; • Create worker retention goals; • Adhere to the requirements of General Directive 24-1: Required Actions Regarding Assaults on Transit Workers, issued on September 25, 2024, by the federal transit administration of the United States department of transportation; and • Develop performance measures to evaluate its progress in aligning with state climate goals and achieving its worker retention goals; • Requires RTD to create a 10-year strategic plan no later than April 10, 2026, and a comprehensive operational analysis no less frequently than every 5 years beginning in 2026, and to report quarterly to the RTD board of directors regarding the plan and analysis ( section 4 ); • Requires RTD, in conjunction with the creation of its 10-year strategic plan, to study or contract with a third party to study and identify opportunities to increase funding to achieve the goals, measures, and targets identified in the 10-year strategic plan ( section 4 ); • Requires RTD to create, maintain, Fort Collins Tracking Bills – March 18, 2025 5 and publish on its website information and dashboards related to capital projects, ridership and service information, planned service changes, workforce statistics, and transit safety ( section 4 ); • Requires RTD to update its service policies and standards, its equitable transit-oriented development policy, and its service buy-up policy, to create specific communication protocols, and to implement parking and transportation demand management strategies and policies ( section 4 ); • Requires RTD to periodically notify the Denver regional council of governments (DRCOG) and the department of local affairs of any known infrastructure gaps that exist within specific areas of a transit-oriented community within RTD's service territory ( section 4 ); • Requires RTD to modernize and advertise its EcoPass and low-income fare discount programs ( section 4 ); • Adds 2 nonvoting ex officio members to the RTD board of directors (RTD board), to be appointed by the executive director of the department of transportation and by DRCOG ( sections 6 and 8 ); and • Prohibits write-in candidates for the RTD board ( section 7 ). The bill also requires other entities to analyze opportunities for the improvement of transit services by: • Requiring the transportation commission to develop and publish best practices and technical assistance materials concerning the creation of regional transportation authorities to increase funding for transit and to provide additional transit services within the state ( section 5 ); and • Creating an RTD accountability committee within the Colorado energy office that consists of 13 appointed members. On or before January 30, 2026, the commission is required to provide recommendations to the transportation committees of the general assembly concerning the governance structure and compensation of the RTD board and executive leadership, the representation of local governments and state agencies within RTD, and RTD's workforce retention ( section 9 ). SB25-182 Embodied Carbon Reduction Embodied carbon is the carbon associated with greenhouse gas emissions arising from the production, construction, use, and end-of-life of products or systems used in the construction of buildings, roads, and other infrastructure. An embodied carbon improvement is a real property installation or modification that is completed in a manner that generates relatively less embodied carbon. Section 1 of the bill adds embodied carbon improvements to the list of new energy improvements that are eligible for property- assessed clean energy financing provided by the Colorado new energy improvement district. Section 2 modifies the industrial clean energy tax credit so that embodied carbon improvements are greenhouse gas emissions reduction improvements. City Manager’s Office City Hall Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: March 27, 2025 TO: Legislative Review Committee FROM: Women and Gender Equity Advisory Board RE: Legally Protected Health-Care Activity Protections and Semiautomatic Firearms & Rapid-Fire Devices SB25-129, Legally Protected Health-Care Activity Protections The Women and Gender Equity Advisory Board (WGEAB) urges the LRC to support SB25- 129, Legally Protected Health-Care Activity Protections. In 2024, Colorado voters overwhelmingly voted to protect abortion in the state constitution. This bill “clarifies that requirements for out-of-state telehealth providers do not alter or limit the rights and protections afforded to a person concerning a legally protected health-care activity” including, clarification for out-of-state telehealth providers, prescription labeling confidentiality, subpoena request affirmation, restrictions on cooperation with out-of-state inquires, private right of action, limitation on arrests for out-of-state charges, prohibition on use of public resources, and Attorney General’s enforcement Authority. Fort Collins House Representatives Boesnecker and Zokaie, and Senator Kipp are all Sponsors of the bill. The 2025-2026 Legislative Policy Agenda, includes a section on Health Care: The City recognizes that the rapidly increasing cost of health care and health insurance is a barrier to real wage growth, equitable health outcomes, and economic gains among many Fort Collins residents. The City further recognizes that employer-sponsored health care and varying state regulations that are not consistent across the United States have resulted in the system we have today. Therefore, the City: 1. Supports health care policy that provides single-payer, not-for-profit health care to all residents. 2. Supports the portability of health care plans across employers and state lines. 3. Supports health care policies that end the practice in the United States of employers being the primary source of health insurance for residents. 4. Supports policies that allocate costs to individuals and their families proportional to their ability to pay. Additionally, in 2022, the Fort Collins City Council passed Resolution 2022-070 Expressing the Council's Support for Protection of Reproductive Rights and Concern about the Threat to Them Presented by Recent U.S. Supreme Court Action. The resolution also states: WHEREAS, the Council further intends to take such steps as may be appropriate to protect the Colorado law preserving abortion access in Colorado and support legislative actions advancing the rights of women and girls in Colorado and upholding all persons' rights to privacy, dignity and self-determination. WAGEAB’s role is to enhance the status of and opportunities for all women, transgender, and gender non-binary and gender non-conforming persons (all genders) in the City. Our duties include: “To review proposed legislation, policy changes or other governmental action at the federal, state or local level that would enhance or otherwise affect all genders in the City and make recommendations to the City Council regarding the same.” Because of the council’s existing endorsement of policies that broadly support healthcare (LPA), protect reproductive rights and healthcare, and commitment to protect Colorado law preserving abortion access (Res. 2022-070), WGEAB urges the Legislative Review Committee to support SB25-129. SB25-003, Semiautomatic Firearms & Rapid-Fire Devices Additionally, the Women and Gender Equity Advisory Board (WGEAB) urges the LRC to support SB25-003 Semiautomatic Firearms & Rapid-Fire Devices. The bill, SB25-003 ‘prohibits knowingly manufacturing, distributing, transferring, selling, or purchasing a specified semi-automatic firearm’. Other requirements in the bill are; a basic firearms safety course and an extended firearms safety course. To enroll in a basic or extended firearms safety course, a person must hold a valid firearms safety course eligibility card (firearms course card) issued by a sheriff. The bill also sets the requirements for a firearms course card, which include completing a fingerprint- based criminal history record check to determine that the applicant satisfies the criteria to receive a firearms course card. In Fort Collins, in 2024 46.1% of victims of violent crimes using firearms were female. While the deadly intersection of guns and intimate partner violence affects all women, it has a disproportionate impact on Black and American Indian / Alaska Native women as well as pregnant and postpartum individuals. Hate crimes affect all genders. Data from the Colorado Bureau of Investigation shows Colorado may be becoming more hostile for members of the LGBTQ+ community. The number of LGBTQ+ victims of hate crimes has grown 475%, from 16 in 2017 to 92 in 2021. WAGEAB has evaluated the Colorado State bill, SB25-003, and recommends the Legislative Review Committee support the passage of this legislation. The 2024 Legislative Policy Agenda neither included a position of favorability or unfavorability in the context of personal safety from violent crime and firearm safety nor was SB25-003 included in the most recent legislative review document released by the Legislative Review Committee. WGEAB recommends the City Council establish its position on violent crime and firearm safety for the next Legislative Policy Review. Additionally, WGEAB recommends the Legislative Review Committee include in their annual review all bills related to firearm safety, community safety in the context of violent crime, and bills relating to domestic and sexual violence towards women, girls, transgender, and gender non-binary and gender non-conforming persons (all genders). Thank you, Women and Gender Equity Advisory Board