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HomeMy WebLinkAboutAgenda - Read Before Packet - 04/22/2025 - Legislative Review Committee Agenda – April 24, 2025 City Manager’s Office Box 580 970.221.6505 fcgov.com Legislative Review Committee Agenda Thursday, April 24, 2025 4:00 - 5:00PM City Manager’s Conference Room, 2nd floor in City Hall 300 LaPorte Ave In-person with Teams option: Join the meeting now Meeting ID: 284 090 998 314 Passcode: 3ic2Z9LF 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 April 15, 2025. Draft attached C. Bill Overview and Discussion Position Bills a. HB-1029: Municipal Authority over Certain Land-Support – (Signed by 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 (Passed-Sent veto letter) g. HB-1077: Backflow Prevention Devices Requirement – Support (Signed by Governor) h. HB-1096: Automated Permits for Clean Energy Technology – Monitor i. HB-1113: Limit Turf in New Residential Development – Monitor j. HB-1147: Fairness and Transparency in Municipal Court – Oppose (Passed-Sent veto letter) k. HB-1224: Revised Uniform Unclaimed Property Act Modifications - Monitor (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 (has been Postponed Indefinitely) o. HB-1295: Food Truck Operations – Oppose p. HB-1300: Workers' Compensation Benefits Proof of Entitlement Oppose (CML Oppose) q. HB-1303: Funding for Motor Vehicle Collision Prevention - Monitor (CML Support) r. SB-001: Colorado Voting Rights Act – Monitor s. SB-002: Regional Building Codes for Factory-Built Structures – Amend t. SB-020: Tenant and Landlord Law Enforcement – Amend (Sponsor NOT open to amendments) City Manager’s Office Box 580 970.221.6505 fcgov.com u. SB-030: Increase Transportation Mode Choice Reduce Emissions – Amend v. SB-077: Modifications to Colorado Open Records Act – Monitor (Governor vetoed) w. SB-163: Battery Storage Programs – Support 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-1225: Freedom From Intimidation in Elections (CML Amend) Adding this bill over concerns about having an election drop-box at Police Services. e. HB- 1239: Colorado Anti-Discrimination Act (CML Oppose) (Fiscal Note) f. HB-1273: Residential Building Stair Modernization (CML Oppose) g. Budget Orbital Bills D. CC4CA/CML Policy related E. Other Business F. Adjournment Next Scheduled Committee Meetings: • Tuesday, May 20, 2025 at 4:00 PM – Passed Bills Overview and Update City Manager’s Office 80522 970.221.6505 fcgov.com DRAFT-Legislative Review Committee Minutes Tuesday, April 15, 2025 A. Meeting Called to Order at 4:00 PM. Councilmembers present: Pignataro, Ohlson Staff/Lobbyists present: Tyler Marr, Ginny Sawyer, Dianne Criswell, Megan DeMasters, Jenn Cassell, Ed Bowditch, Sylvia Tatman-Burruss, Max Valadez B. Approval of Minutes from April 1, 2025. a. Moved by Ohlson, seconded by Pignataro. Motion passed 2-0. C. Bill Overview and Discussion a. The state’s “long bill” (budget) has passed both chambers and is being finalized. b. Many bills are still in progress or yet to be introduced. c. A bill related to immigration sparked a full day of floor debate. Position Bills a. HB-1029: Municipal Authority over Certain Land-Support – (Signed by Governor) b. HB-1039 Commercial Vehicle Muffler Requirements- Support c. HB-1044: Local Funding for Vulnerable Road User Protection – Support (Postponed Indefinitely; new bill anticipated) d. HB-1051: Repeal Recycled Bag Carryout Fee- Oppose (Postponed Indefinitely) e. HB-1056: Local Government Permitting Wireless Telecommunications Facilities – Oppose • Updated draft available. CML believes the bill is as improved as possible but maintains opposition. Jenn to circulate draft. f. HB-1060: Electronic Fence Detection System – Oppose (Passed) • City submitted veto request letter signed by the Mayor. Staff will share with committee members. g. HB-1077: Backflow Prevention Devices Requirement – Support (Signed by Governor) h. HB-1096: Automated Permits for Clean Energy Technology – Monitor i. HB-1113: Limit Turf in New Residential Development – Monitor j. HB-1147: Fairness and Transparency in Municipal Court – Oppose (Passed) • CML requesting veto; letter will be shared by staff. k. HB-1224: Revised Uniform Unclaimed Property Act Modifications - Monitor (CML Amend) (Passed) l. HB-1268: Utility On-Bill Repayment Program Financing – Support m. HB-1272: Construction Defects & Middle Market Housing – Support • Recently amended in Senate. Some groups now shifting to “Amend” due to new language. Jenn to follow up with CML on updated stance. n. HB-1276: Court Actions Related to Failure to Appear in Court – Support • CML-initiated; now “killed” with plans to reintroduce next session. o. HB-1295: Food Truck Operations – Oppose • Awaiting House debate. Rep. Boesenecker reviewing bill. Discussions to either “kill” the bill or restore local control provisions. p. HB-1300: Workers' Compensation Benefits Proof of Entitlement Oppose (CML Oppose) • Expands provider list and geographic radius for claims. Opposition expected to attempt to City Manager’s Office 80522 970.221.6505 fcgov.com defeat bill. q. HB-1303: Funding for Motor Vehicle Collision Prevention - Monitor (CML Support) r. SB-001: Colorado Voting Rights Act – Monitor • Amended in committee; likely to pass despite lack of desired changes. s. SB-002: Regional Building Codes for Factory-Built Structures – Amend t. SB-020: Tenant and Landlord Law Enforcement – Amend (Sponsor NOT open to amendments) u. SB-030: Increase Transportation Mode Choice Reduce Emissions – Amend v. SB-077: Modifications to Colorado Open Records Act – Monitor (Passed and sent to Governor) w. SB-163: Battery Storage Programs – Support x. SB-263: Marijuana Revenue Redistribution – Monitor • Passed both chambers. Would reduce marijuana tax revenues to local governments. Fort Collins may lose ~$1M in General Fund support. 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. Budget Orbital Bills D. CC4CA/CML Policy related E. Other Business a. LRC Meeting Schedule: i. No meeting on April 29 (5th Tuesday). ii. Proposal to either: 1. Meet Tuesday, April 29, or 2. Wait until May 20 for full legislative session recap. 3. Interim updates to be provided via memos in Council packets. iii. Alternate Option: 1. Quick remote meeting proposed for Thursday, April 24 at 4 PM, prior to URA meeting (Staff attending CCCMA). 2. Calendar invite to be sent ASAP. iv. May 6 Meeting – Cancelled F. Adjournment Next Scheduled Committee Meetings: • Thursday, April 24, 2025 at 4:00 PM – Quick Remote Check-In • Tuesday, May 20, 2025 at 4:00 PM – Passed Bills Overview and Update Fort Collins Position Bills – April 24, 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 Third Reading Passed - No Amendments (04/21/2025) 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 Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass (04/15/2025) 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 Senate Third Reading Passed - No Amendments (04/04/2025) 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 Governor Signed (03/28/2025) 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. Monitor Senate Second Reading Laid Over to 04/25/2025 - No Amendments (04/21/2025) House: L. Smith (D), K. Brown (D); Senate: C. Kipp (D), M. Ball (D) HB25- 1113 Limit Turf in New Residential Development Concerning limiting the use of certain landscaping practices in new residential development. Monitor House Considered Senate Amendments - Result was to Concur - Repass (04/11/2025) 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 House Considered Senate Amendments - Result was to Laid Over Daily (04/06/2025) House: J. Mabrey (D), E. Velasco (D); Senate: M. Weissman (D), J. Amabile (D) 2 HB25- 1224 Revised Uniform Unclaimed Property Act Modifications Concerning modification of the ""Revised Uniform Unclaimed Property Act"". Monitor House Considered Senate Amendments - Result was to Concur - Repass (04/11/2025) House: B. Titone (D), M. Soper (R); Senate: M. Snyder (D) 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 Appropriations Refer Amended to House Committee of the Whole (04/22/2025) House: M. Froelich (D), J. Joseph (D); Senate: F. Winter (D), K. Mullica (D) HB25- 1272 Construction Defects & Middle Market Housing Concerning housing. Support Senate Third Reading Passed with Amendments - Floor (04/17/2025) 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 House Committee on Judiciary Postpone Indefinitely (04/08/2025) 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. Oppose House Second Reading Laid Over Daily - No Amendments (04/06/2025) House: M. Rutinel (D); Senate: HB25- 1300 Workers' Compensation Benefits Proof of Entitlement Concerning claimants' access to medical care in workers' compensation claims, and, in connection therewith, requiring an employer or the employer's insurer to use the division of workers' compensation's utilization standards and changing the mechanism by which a claimant can choose a treating physician. Oppose Introduced In Senate - Assigned to Business, Labor, & Technology (04/21/2025) House: J. Willford (D); Senate: C. Kipp (D) HB25- 1303 Funding for Motor Vehicle Collision Prevention Concerning the creation of an enterprise in the department of transportation to provide funding for transportation system enhancements that lower automobile insurance costs by reducing the number of collisions that involve a motor vehicle. Monitor House Third Reading Passed - No Amendments (04/21/2025) House: A. Boesenecker (D), M. Lukens (D); Senate: F. Winter (D), D. Roberts (D) SB25-001 Colorado Voting Rights Act Concerning the administration of elections, and, in connection therewith, creating the Colorado Voting Rights Act and making an appropriation. Monitor House Committee on Appropriations Refer Unamended to House Committee of the Whole (04/22/2025) 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, and, in connection therewith, making an appropriation. Amend House Third Reading Passed with Amendments - Floor (04/21/2025) Senate: J. Bridges (D), T. Exum Sr. (D); House: A. Boesenecker (D), R. Stewart (D) 3 SB25-020 Tenant and Landlord Law Enforcement Concerning the enforcement of existing landlord-tenant law. Amend House Committee on Judiciary Refer Amended to House Committee of the Whole (04/15/2025) 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 Second Reading Passed with Amendments - Committee, Floor (04/21/2025) 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 Governor Vetoed (04/17/2025) 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) Mayor City Hall Fort Collins, CO 80522 970.416.2154 970.224.6107 - fax fcgov.com April 14, 2025 The Honorable Jared Polis Governor of Colorado 136 State Capitol 200 E. Colfax Avenue Denver, CO 80203 Dear Governor Polis: On behalf of the City of Fort Collins, we respectfully request your veto of HB25- 1147 (Fairness and Transparency in Municipal Courts). This bill presumes that municipal courts are not focused on best practices, which is not the case. For example, Fort Colins provides court-appointed counsel free of charge to all defendants who qualify, under the same standards as state courts, and provides counsel free of charge to all defendants at each and every in-custody hearing. HB25-1147, if enacted, will significantly weaken our City’s innovative specialty courts. Like other municipalities, Fort Collins has instances of petty theft, public intoxication, criminal trespass, and vandalism. These are not new behaviors, but in the last decade, their intensity and frequency have increased. Some of the petty theft issues Fort Collins deals with are particularly locally-driven. For example, Fort Collins experiences high levels of bicycle theft from Colorado State University students and other residents. Over time, the City has adopted a careful approach in its response to these low-level crimes – focusing on the impacted communities and areas, including residential areas and retail businesses, while also recognizing the mental health, economic, and substance-abuse disorders which may drive these crimes. Addiction disorders often present as theft charges in our municipal court, since the City has no charges for the possession or distribution of drugs. Utilizing the opioid settlement funding, we recently launched a first-in-the-state municipal level drug court, which allows defendants with addiction disorders to participate in treatment and other services and divert the charges. Our court team works to set individualized goals to address root causes of behaviors that lead to repeat court appearances. Upon graduation, more than one participant shared that without the program they did not believe they would still be with us. If HB25-1147 becomes law, many defendants who would benefit from our drug court would likely decline participation and would instead opt for the nominal sentence of a maximum penalty of ten days or a $300 fine. HB25-1147 will make our specialty courts and programs, which are designed to reduce recidivism by connecting defendants with services and to promote community public safety through restorative or diversion processes, less effective or pointless. Municipal court judges have the opportunity to develop unique insights into individuals appearing before them and can craft sentences that take into account both the nature of the offense and the individual. Many times, the municipal court sees defendants before they commit felonies and can intervene. We believe that Fort Collins is responsibly exercising its constitutional authority through its laws, court procedures, prosecution, and overall administration of its municipal court. We are concerned that, under HB25-1147, the City will not have any tools to reduce the incidents of low-level crimes in our community; further, we are concerned about defendants losing their connection to services. Therefore, we urge you to veto HB25-1147. Thank you for your consideration of our request, which, if granted, would allow our municipal court to continue its good work for the Fort Collins community. Sincerely, Jeni Arndt Mayor