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HomeMy WebLinkAboutAgenda - Mail Packet - 3/1/2016 - Legislative Review Committee Agenda - March 1, 2016City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda March 1, 2016, 4:00 p.m. Commons Conference Room 1. Approval of minutes from February 16, 2016 meeting 2. Review Colorado General Assembly bills 3. Review and discuss February 19 legislative meeting 4. Other business  Review National League of Cities, Congressional Conference itinerary and topics  Proposed federal topics include: o Interstate 25 funding o Transit funding o TIGER grant o Train issues (noise, blocked intersections, hazardous material safety) o Regulation of drones o Protecting the use of tax exempt bonds o E-fairness o Water infrastructure and water quality testing o CITII (PCAST Program) and federal innovation initiatives and funding o Criminal justice - police reform, communication (FirstNET) and parole/sentencing reform Next meetings: NLC in DC March 7-9, March 22 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Meeting Notes February 16, 2016, 4:30 p.m. Commons Conference Room Present: Gino Campana, Councilmember; Ross Cunniff, Councilmember; Ray Martinez, Councilmember; Wendy Williams, Assistant City Manager; Dan Weinheimer, Legislative Policy Manager Absent: Carrie Daggett, City Attorney Guests: Bob Overbeck, City Councilmember; Judy Schmidt, Senior Assistant City Attorney; Craig Horton, Fort Collins Police Services; Dale Adamy, Citizen; Kevin Jones, Fort Collins Area Chamber of Commerce; Alicia Salz, Intern The meeting came to order at 4:25 pm. Councilmember Martinez moved approval of the minutes from the January 19, 2016, Councilmember Cunniff seconded. Minutes were adopted without amendment. Dan reviewed bills from the General Assembly. He shared that to date nearly 414 bills have been introduced.  HB16-1001 is a proposal that would have the State Controller Certify Compliance with Equal Pay Laws. This bill was briefly discussed and additional information was to be gathered before considering a position. LRC adopted a monitor position as more information is gathered.  HB16-1069 is a bill requiring Allow City to Set Housing Authority Commissioner Term Lengths. Dan indicated the bill would impact small housing authorities because they are having filling their commissioner seats and that CML is in support of the bill. It was requested that staff look into whether there is a minimum term length. LRC adopted a support position.  HB16-1088 is a bill that would allow a Fire Protection District Impact Fee on New Development. Dan shared that CML is asking that a fire district amend its service plan to reflect the additional revenue. LRC adopted an amend position.  HB16-1122 would allow the use of Remote Starter Systems. Dan shared that the city recommended position is to oppose due to City air quality goals. The bill was expected to be amended to allow local control so LRC adopted a monitor position.  HB16-1138 would permit a General Fund Transfers for State Infrastructure. LRC considered that the bill might have an immediate impact on the revenue going toward Fort Collins transit, but the amount is unclear. LRC adopted a monitor position until they get more details. 2  HB16-1141 would provide financial assistance for Radon Exposure in Buildings. LRC discussed that Fort Collins does provide radon kits for a fee, but agreed that this proposal would be a great tool for low-income individuals. LRC adopted a support position.  HB16-1143 is a bill seeking to Prohibit Red Light Cameras Photo Radar Auto ID Systems. This bill repeals the citizens of Fort Collins’ ability to decide what traffic safety measures they desire from their police department. LRC adopted an oppose position.  HB16-1166 is proposing to limit employers and Prohibit Seeking Salary History for Job Applicants. Dan explained that the bill makes it an unfair employment practice for an employer to seek salary history information, including compensation and benefits, about an applicant for employment. LRC adopted a monitor position.  HB16-1191 is a purposed Bill of Rights for Persons Who Are Homeless. This bill establishes rights for persons experiencing homelessness including the right to rest in public, as well as, the right to occupy a legally parked vehicle. LRC adopted an oppose position.  SB16-038 which would allow for the Transparency of Community-centered Boards. Dan informed the committee that this would affect Foothills Gateway board. LRC adopted a monitor position.  SB16-054 which strengthens local authority by allowing a Local Government Minimum Wage. This would allow localities to set their own minimum wage. LRC adopted a monitor position.  SB16-063 would allow an Intergovernmental Agreement with Out-of-state Local Government. Dan shared that this could help certain municipalities with emergency services. LRC adopted a support position.  SB16-075 would allow DNA Collection Misdemeanor Vulnerable Persons. Bill seeks to collect DNA samples for certain additional offenses. LRC adopted a monitor position.  SB16-077 would create Employment First for Persons with Disabilities. Dan shared that the bill seeks to direct the state to develop an employment-first model for individuals with disabilities. LRC agreed that the bill needed additional study and requested to additional feedback from staff. LRC adopted a monitor position.  SB16-100 is a bill requesting for a County Road & Bridge Tax Reduction Requirement. Dan explained that this would require the county to receive municipal consent or agreement prior to reduction of an existing mill levy. LRC adopted a support position. LRC reviewed Representative Ginal’s proposed draft bill targeting rolling coal. Councilmember Campana questioned which priority rolling coal would fall under. Dan confirmed that rolling coal falls under the Air Quality priorities the City Policy Agenda. Lt. Craig Horton added to the discussion of rolling coal. He explained the challenges law enforcement officers currently face when it comes to ticketing offenders and provided ideas of how to go about fixing it, which are: 3  Police have a hard time enforcing current law based on observing smoke opacity over a minimum of five seconds.  Alternatively, FCPS proposes to amend existing law to hold diesel vehicles that are less than 14,000 lbs to the same standard (no visible emissions) as larger fleet vehicles.  Police services will propose draft language to Rep. Ginal with simpler language, such as obscuring the roadway for police officers to use.  FCPS would like there to be a reasonable standard for law enforcement officers to use to combat this issue that does not put officers in the position of looking under car hoods for modifications or have the enforcement tied to annual vehicle inspection. LRC discussed the proposed parole changes being considered at the state level. LRC decided to watch, but agreed that the regulation changes need City input as they will have an impact on local crime and rehabilitation of offenders. Staff was asked to work with the Larimer County Sheriff and others to monitor the issue. LRC discussed the National League of Cities, Congressional Conference occurring in March. Dan shared that the attendees will be attending a “best practice city tour” and that he is coordinating meetings with Congressional staff and at the White House on a local government- focused innovation initiative. Councilmember Cunniff requested that staff look into and monitor SB16-044. The bill is concerning the allowance of disputed claims for state income tax credits for the donation of a conservation easement. LRC supported monitoring this bill. The meeting was adjourned at 5:33 pm. Updated: February 24, 2016 Bill # Short Title Staff Rec'd Position City Adopted Position Date Intro'd 1st Committee 2nd Committee 2nd Reading 3rd Reading 1st Committee 2nd Committee 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor HB16‐1001 State Contr Certify Compliance With Equal Pay Laws Monitor Monitor 1/13 BL 3/8 HB16‐1002 Employee Leave Attend Child's Academic Activities Support Support 1/13 Ed 1/27 2/3 2/4 SA HB16‐1004 Measurable Goals Deadlines CO Climate Action Plan Support Support 1/13 He 2/4 2/8 2/9 HB16‐1005 Residential Precipitation Collection Support Support 1/13 Ag 2/22 2/25 HB16‐1006 Clarify Tax Exemptions For Housing Authorities Support Support 1/13 F 2/17 Ap HB16‐1067 Regional Transportation Authority Mill Levy Monitor Monitor 1/13 LG 2/10 2/16 2/18 Trans 3/8 HB16‐1069 Allow City To Set Housing Auth Commn Term Length Support Support 1/13 LG 1/28 2/1 2/2 LG 2/16 2/19 2/22 2/23 HB16‐1070 Signature Verification In Mun Mail Ballot Election Monitor Monitor 1/13 SA 2/10 Ap HB16‐1078 Local Gov Employee Whistleblower Protection Oppose 1/19 LG 2/3 Ap HB16‐1088 Fire Protection Dist Impact Fee On New Development Support Amend 1/19 LG HB16‐1092 Authorize Retail Marijuana Special Event Permit Oppose 1/19 He 2/16 HB16‐1114 Repeal Duplicate Reporting Requirements Support 1/20 BL HB16‐1122 Remote Starter Systems Oppose Monitor 1/20 Trans 2/10 2/16 2/18 Trans HB16‐1138 General Fund Transfers For State Infrastructure Oppose Monitor 1/20 SA 2/24 HB16‐1141 Radon Exposure in Buildings Support Support 1/21 He 2/9 Ap HB16‐1143 Prohibit Red Light Cameras Photo Radar Auto ID Sys Oppose Oppose 1/21 SA 3/9 HB16‐1155 Controlled‐access Highway As County Primary Road Oppose 1/26 LG HB16‐1166 Prohibit Seeking Salary History For Job Applicants Monitor Monitor 1/29 BL 3/17 HB16‐1191 Bill Of Rights For Persons Who Are Homeless Oppose Oppose 2/3 LG 2/24 HB16‐1231 Restricting The Use Of Red Light Cameras Amend 2/5 Trans 2/24 HB16‐1262 Law Enforcement Backg'd Check Employment Waiver Support 2/12 Jud HB16‐1263 Racial Profiling Prohibition Monitor 2/12 Jud HB16‐1264 Ban Law Enforcement Use Of Chokehold Support 2/12 Jud HB16‐1265 Expunge Arrest Records Based On Mistaken Identity Monitor 2/12 Jud SB16‐011 Terminate Use Of FASTER Fee Revenue For Transit Oppose Oppose 1/13 Trans 1/26 2/2 2/3 Trans 2/17 SB16‐012 Time To Reconstruct Residential Improvements Monitor Monitor 1/13 LG 2/2 2/5 2/8 LG 3/9 SB16‐017 Concealed Handgun Carry Without Permit Oppose Oppose 1/13 SA 1/27 Ap 2/12 2/22 2/23 SA SB16‐028 Community Reinvestment Act Monitor Monitor 1/13 SA 2/17 SB16‐037 Public Access Digitally Stored Data Under CORA Amend Amend 1/13 SA 2/24 SB16‐038 Transparency Of Community‐centered Boards Monitor Monitor 1/13 SA SB16‐044 Contested Conservation Easement Tax Credit Claims Monitor Monitor 1/19 F 2/25 Bill # Short Title Staff Rec'd Position City Position Date Intro'd 1st Committee 2nd Committee 2nd Reading 3rd Reading 1st Committee 2nd Committee 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor City positions Bill Action Summary Scheduled for action (yellow) Support (green) Legislative committee action not scheduled (no fill) Oppose (red) Amend (blue) Monitor (no fill) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committee Jud = judiciary committee BL = Business, labor and econ development committee LG = local government committee Ed = education committee SA = state, veterans and military affairs committee CC = conference committee Trans = transportation and energy committee F = finance committee UA = upon adjournment HE = health care and environment committeee UR = upon recess Bill waiting 2nd/3rd reading or not calendared (no fill) Bill signed by Governor (green) Bill no longer active (gray) Bill passed, date of action (green) First House Second House Bill scheduled in committee of reference (yellow) Bill status Legislative committee action scheduled, date and time (yellow) Bill postponed indefinitely or lost, date of action (red) Bill did not go on to second committee or no action required (black) Legislative Review Committee Bill Report Legislative Review Committee Bill Report HB16­1001 State Contr Certify Compliance With Equal Pay Laws Comment: LPA pg 18, Privatization #2, "Maintain local control of the awarding of contracts and the accountability of local officials for those actions." Position: Monitor Calendar Notification: Tuesday, March 8 2016 Business Affairs and Labor 1:30 p.m. Room LSB­A (1) in house calendar. Short Title: State Contr Certify Compliance With Equal Pay Laws Sponsors: DANIELSON Summary: Bill would require certification of contractors working with the City that those contractors are in compliance with state and federal equal pay standards applicable at the time of the execution of the contract. Status: 01/13/2016 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Analyze This Comments: N/A: Fri, January 15, 2016, by rcochran@fcgov.com (15­Jan­16) Please see the response provided by Jenny Lopez Filkins for information regarding this Bill. N/A: Fri, January 15, 2016, by rcochran@fcgov.com (15­Jan­16) Plese see the response from Jenny Lopez Filkins regarding this proposed Bill. HB16­1002 Employee Leave Attend Child's Academic Activities Comment: LPA pg 27, Human Resources #2, "Expand the City’s ability to offer health, welfare and wellness services for employees." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Employee Leave Attend Child's Academic Activities Sponsors: BUCKNER / KERR Summary: Bill would provide parents of K­12 students with limited parental leave to attend school functions. If adopted, this would require amending City personnel policies. Status: 02/19/2016 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1004 Measurable Goals Deadlines CO Climate Action Plan Comment: LPA pg 24, Utilities #9, "Establish uniform standards for the reduction of carbon emissions." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Measurable Goals Deadlines CO Climate Action Plan Sponsors: WINTER Summary: This bill seeks to include measurable goals in the state's climate action plans. The inclusion of standards and accountability makes it more likely that the state will achieve it's climate goals. Status: 02/09/2016 House Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1005 Residential Precipitation Collection Comment: LPA pg 25, Water Supply/Quality #2, "Enact reasonable water quality regulations that are cost effective and can show identifiable benefits." Position: Support Calendar Notification: Wednesday, February 24 2016 GENERAL ORDERS ­ SECOND READING OF BILLS (5) in house calendar. Short Title: Residential Precipitation Collection Sponsors: ESGAR / MERRIFIELD Summary: Bill would allow single and multi­family homes to own and use up to two rain barrels that would divert rainwater for the use on site. Colorado is the last western state to allow residential rain barrel use ­ this bill appears to be a de minimis diversion of water and appears to be a common­sense water conservation measure. Status: 02/24/2016 House Second Reading Laid Over to 02/29/2016 ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. Monitor: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) Fort Collins Utilities water rights could be negatively affected by widespread rain barrel use if it results in reduction of flows in the Poudre River that could reduce flows available under our water rights. However, rain barrel use could reduce overall water demands that could balance a potential reduction in flows available to Utilities water rights. Based on initial analysis, the effects of rain barrels on the City would likely be minor, but more information/study would be needed to assess potential impacts. Monitor: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) It is difficult to quantify impacts at this time. HB16­1006 Clarify Tax Exemptions For Housing Authorities Comment: LPA pg 12, Affordable Housing #2, "Increase local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public­private partnerships." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Clarify Tax Exemptions For Housing Authorities Sponsors: BECKER K. Summary: Bill was sought by Housing Authorities (including Fort Collins') to clarify eligibility for certain tax exemptions. Status: 02/17/2016 House Committee on Finance Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1067 Regional Transportation Authority Mill Levy Comment: LPA pg 33, Transportation #3, "Explore and analyze alternative methods of funding transportation infrastructure needs." Position: Monitor Calendar Notification: Tuesday, March 8 2016 SENATE TRANSPORTATION COMMITTEE 2:00 PM SCR 352 (1) in senate calendar. Short Title: Regional Transportation Authority Mill Levy Sponsors: MITSCH BUSH / DONOVAN Summary: Bill seeks to extend the sunset for regional transportation authorities to assess mill levies from 2019 to 2029. If passed, bill would provide additional financial certainty for transportation authorities. Status: 02/19/2016 Introduced In Senate ­ Assigned to Transportation Fiscal Notes: Fiscal Note Analyze This Comments: Support: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) low No Effect: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) No RTA currently exists within the Fort Collins influence area No Effect: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) Unless an RTA is formed in NoCo, this bill has no effect on FC. HB16­1069 Allow City To Set Housing Auth Commn Term Length Comment: LPA pg. 26, Home Rule #1, "Strengthen home rule authority of municipal governments." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Allow City To Set Housing Auth Commn Term Length Sponsors: RANKIN Summary: CML bill that would allow local government discretion to set the term for housing commission. Status: 02/23/2016 House Considered Senate Amendments ­ Result was to Concur ­ Repass Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) This bill was in response to issues very small housing authorities say they are having filling their commissioner seats. This is not an issue in FC. Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) It will give the Council the ability to set the Housing Authority Commissioner terms themselves. No Effect: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) No effect. Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) While the Fort Collins Housing Authority is neutral on this bill, we do not see that it is an issue for FC, nor do we think it really warrants a legislative fix statewide. The current statute works and the small housing authorities mentioned should be able to work within the current statute HB16­1070 Signature Verification In Mun Mail Ballot Election Comment: Not explicit in LPA Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Signature Verification In Mun Mail Ballot Election Sponsors: NEVILLE P. / NEVILLE T. Summary: For a mail ballot election conducted after March 30, 2018, under the "Colorado Municipal Election Code of 1965", the bill: * Requires election judges to compare a municipal elector's signature on a mail ballot return envelope self­affirmation with one of the elector's digitized signatures stored in the statewide voter registration system, commonly referred to as "SCORE"; * Grants municipal clerks access to SCORE for signature verification purposes; * Authorizes the use of signature verification devices to perform these comparisons; * Describes the procedures for clerks and election judges to follow based on the outcomes of such comparisons; and * Requires municipal clerks to provide training to election judges who compare signatures. Status: 02/10/2016 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1078 Local Gov Employee Whistleblower Protection Comment: LPA pg . 28, Sovereign and Governmental Immunity #1, "Protect the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities." Position: Calendar Notification: NOT ON CALENDAR Short Title: Local Gov Employee Whistleblower Protection Sponsors: KAGAN Summary: This legislation would give express authority to a disgruntled employee to initiate a claim against an employer for any action the employee may claim was due to alleging “violation of a state or federal law or local ordinance; a waste or misuse of public funds; fraud; an abuse of authority; mismanagement; or a danger to the health or safety employees or the public.” Status: 02/03/2016 House Committee on Local Government Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1088 Fire Protection Dist Impact Fee On New Development Comment: LPA pg 14, Planning and Land Use #4, "Retain local government authority to impose development impact fees." Position: Amend Calendar Notification: NOT ON CALENDAR Short Title: Fire Protection Dist Impact Fee On New Development Sponsors: DORE Summary: Bill would allow fire districts to impose impact fees provided the fees conform to adopted rates and that information is provided in writing to the local governments in their service area. CML is asking that a fire district amend its service plan to reflect the additional revenue. Status: 02/10/2016 House Committee on Local Government Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1114 Repeal Duplicate Reporting Requirements Comment: LPA pg 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Calendar Notification: NOT ON CALENDAR Short Title: Repeal Duplicate Reporting Requirements Sponsors: DELGROSSO / ULIBARRI Summary: Bill would remove Colorado requirements that each employer in Colorado satisfy the state that an employee has a verified legal work status. A local employer will still need to complete an I­9 form to satisfy federal employment requirements. Status: 01/20/2016 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1122 Remote Starter Systems Comment: LPA pg 20, Air Quality #7, "Reduce vehicle emissions by encouraging behavior changes, such as reducing vehicle idling." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Remote Starter Systems Sponsors: EVERETT / HILL Summary: Bill would allow use of remote starters for vehicles to warm up before use. Status: 02/19/2016 Introduced In Senate ­ Assigned to Transportation Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Fri, January 22, 2016, by lsmith@fcgov.com (22­Jan­16) My suggestion is to oppose ths bill. Allowing vehicles to idle unattended causes increasd air pollution, in direct opposition to our LPA: "Reduce vehicle emissions by: •?Encouraging behavior changes, such as reducing idling of vehicles" Neutral: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) low priority N/A: Fri, January 22, 2016, by lsmith@fcgov.com (22­Jan­16) Fort Collins is non­attainment for ozone. This bill will hinder efforts to achieve attainment. Neutral: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) Only possible concern may be encouraging excessive idling, adding to emissions and AQ issues. HB16­1138 General Fund Transfers For State Infrastructure Comment: LPA pg 33, Transportation #2, "Reject reductions to the present allocation formula of 60 percent state, 22 percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF) or any appropriations from the state using the same formula." Position: Monitor Calendar Wednesday, February 24 2016 Notification: State, Veterans, and Military Affairs Upon Adjournment Room LSB­A (1) in house calendar. Short Title: General Fund Transfers For State Infrastructure Sponsors: BROWN Summary: This bill specifies that the moneys in the state highway fund allocated from any of the statutorily required transfers to the HUTF may be used for general highway operations and maintenance. Status: 01/20/2016 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) medium Monitor: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) Any change that reduces funds allocated for transit is strongly opposed. It appears that this legislation still preserves the 10% set aside for transit as in previous versions. Oppose: Mon, February 15, 2016, by rrogers@fcgov.com (15­Feb­16) Impact on revenue. Monitor: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) See comment above. Oppose: Mon, February 15, 2016, by rrogers@fcgov.com (15­Feb­16) HUTF provides the City over $4M in revenue each year, which could be lost in any year under this bill. HB16­1141 Radon Exposure In Buildings Comment: LPA pg 20, Air Quality #2, "Ensure air quality standards are protective of public health and welfare." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Radon Exposure In Buildings Sponsors: BECKER K. / JAHN Summary: Bill would develop a statewide education program for radon risks and would establish a program to provide financial assistance to low­income individuals for radon mitigation in their homes. Also extends by ten years the state uranium mill tailings remedial action fund, which pays for a program that provides information to the public on uranium mill tailings contamination in residences and commercial buildings. Status: 02/09/2016 House Committee on Health, Insurance, & Environment Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Support: Tue, February 02, 2016, by Dan Weinheimer (dweinheimer@fcgov.com) (02­Feb­16) From Environmental Services: I would definitely support this bill. We did not receive any funds from the Feds this year so hopefully if this comes through, we’ll have additional resources. Radon kits are flying off the shelves. 70% of Fort Collins homes test high and of those that test, only 50% mitigate. We are well on our way to conduct outreach to homes testing high to provide them with additional health and mitigation information. We are also providing materials regarding the Zero Interest Loans. Just recently new state regulations required all Child Care Centers to test for radon. As a courtesy, we have contacted all of the child care listings in Fort Collins to make them aware of the Indoor Air Quality programs and to offer them a radon test kit. Amend: Tue, February 02, 2016, by Dan Weinheimer (dweinheimer@fcgov.com) (02­Feb­16) Colorado Building Officials group: seeking to amend the bill and concern is that this could be an avenue for CDPHE to make radon mitigation adopted and enforced by local gov’t as an unfunded mandate. This should be amended to only establish the assistance program. HB16­1143 Prohibit Red Light Cameras Photo Radar Auto ID Sys Comment: LPA pg 31, Public Safety #31, "Maintain or enhance the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations." Position: Oppose Calendar Notification: Wednesday, March 9 2016 State, Veterans, and Military Affairs Upon Adjournment Room LSB­A (2) in house calendar. Short Title: Prohibit Red Light Cameras Photo Radar Auto ID Sys Sponsors: HUMPHREY / NEVILLE T. Summary: Bill seeks to eliminate the use of red light camera and photo radar for traffic enforcement. Status: 01/21/2016 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Oppose: Tue, January 26, 2016, by chorton@fcgov.com (26­Jan­16) This bill repeals the citizens of Fort Collins’ ability to decide what traffic safety measures they desire from their police department. Our community has enjoyed great improvements in traffic safety, using a variety of measures, in the time we have deployed red light and mobile camera radar detection systems. Our approach is reasonable, our program is sound and the small amount of retained revenue after program costs is used for traffic safety initiatives. Aside from being self­supporting, the retained revenue is not budgeted for any ongoing programs. This technology is a force multiplier for the police department and provides consistent, fair and effective tools to accomplish our public safety mission. Strongly Oppose: Tue, January 26, 2016, by chorton@fcgov.com (26­Jan­16) Fort Collins uses this technology in manner consistent with Governor Hickenlooper’s description of a model program in his veto letter for HB 15­1098 dated June 3, 2015. As the Governor noted then, voters already have the ultimate control over this type of traffic law enforcement in their own communities through the citizen­driven initiative process or local governing body referendum. This legislation is unnecessary and usurps local control. Strongly Oppose: Tue, January 26, 2016, by chorton@fcgov.com (26­Jan­16) In 2015, more than 10,000 drivers have received a citation accompanied by a modest fine that serves to remind them of their role in making Fort Collins a safe place to drive. Those drivers would not have had that gentle reminder, the kind we all need from time­to­time, without the use of this technology. Our police department does not have the personnel necessary to accomplish the same level of enforcement with sworn police officers making individual traffic stops. Additionally, the police department realizes just under $200,000 per year in revenue from these systems. That revenue is earmarked for traffic safety initiatives. With the technology, those additional safety initiative made possible through the retained revenue will not be funded. HB16­1155 Controlled­access Highway As County Primary Road Comment: LPA pg 33, Transportation #1, "Facilitate cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists, pedestrians and those using mobility aid devices." Position: Calendar Notification: NOT ON CALENDAR Short Title: Controlled­access Highway As County Primary Road Sponsors: SAINE / SONNENBERG Summary: Bill would give counties the authority to designate any four­lane controlled­access county highway a "primary road" and to grant or deny access to the highway; and the placement of all traffic control signals (unless the municipality obtains the county's approval in writing). Status: 01/26/2016 Introduced In House ­ Assigned to Local Government Fiscal Notes: Analyze This Comments: HB16­1166 Prohibit Seeking Salary History For Job Applicants Comment: LPA pg 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Monitor Calendar Notification: Thursday, March 17 2016 Business Affairs and Labor 1:30 p.m. Room LSB­A (1) in house calendar. Short Title: Prohibit Seeking Salary History For Job Applicants Sponsors: PETTERSEN / DONOVAN Summary: The bill makes it an unfair employment practice for an employer to seek salary history information, including compensation and benefits, about an applicant for employment. Status: 01/29/2016 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1191 Bill Of Rights For Persons Who Are Homeless Comment: LPA pg 26, Home Rule #2, "Reject State or Federal intervention in matters of local concern and that unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority." Position: Oppose Calendar Notification: Wednesday, February 24 2016 Local Government 1:30 p.m. Room 271 (3) in house calendar. Short Title: Bill Of Rights For Persons Who Are Homeless Sponsors: SALAZAR Summary: This bill establishes rights for persons experiencing homelessness including the right to rest in public, as well as, the right to occupy a legally parked vehicle. Status: 02/03/2016 Introduced In House ­ Assigned to Local Government Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1231 Restricting The Use Of Red Light Cameras Comment: LPA pg 31, Public Safety #3, "Maintain or enhance the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations." Position: Calendar Notification: Wednesday, February 24 2016 Transportation & Energy 1:30 p.m. Room 0112 (2) in house calendar. Short Title: Restricting The Use Of Red Light Cameras Sponsors: LEBSOCK / CARROLL Summary: Bill would amend existing law on the use of red light cameras. Status: 02/05/2016 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1262 Law Enforcement Background Check Employment Waiver Comment: LPA pg. 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Calendar Notification: NOT ON CALENDAR Short Title: Law Enforcement Background Check Employment Waiver Sponsors: WILLIAMS / COOKE Summary: Each law enforcement agency in the state that interviews a candidate for a peace officer position who has worked at another law enforcement agency or in private security shall require the candidate to execute a waiver. The waiver will allow the candidate's previous law enforcement agency or private security company employers to disclose all files pertaining to the applicant, including internal affairs files, to the interviewing agency and releases the interviewing agency and each law enforcement agency or private security company that employed the candidate from any liability related to the use and disclosure of the files. The interviewing agency must submit the waiver to each law enforcement agency or private security company at least 10 days before making a hiring decision. A state or local law enforcement agency or private security company that receives a waiver shall provide the disclosure to the Colorado law enforcement agency that is interviewing the candidate not more than 7 days after such receipt. The bill requires a P.O.S.T. certification applicant who has worked at another law enforcement agency to execute the same waiver as described above. Under current law, the P.O.S.T. board must deny certification to a person who was convicted of any felony and certain misdemeanors. The bill gives the P.O.S.T. board the authority to deny certification to a person who entered into a deferred judgment, deferred prosecution, diversion agreement, or deferred adjudication for any of those crimes or had a juvenile adjudication for any of those crimes. Status: 02/12/2016 Introduced In House ­ Assigned to Judiciary Fiscal Notes: Analyze This Comments: Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) This bill is important to Fort Collins Police Services. As an organization we welcome the opportunity to demonstrate our integrity in an open and transparent manner. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) For Fort Collins Police Services it will enable us to openly communicate critical information about problematic former employees; communication that may have been restricted in the past. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) No fiscal or operational negative impact that I can foresee. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) Legislation such as this is necessary in order to allow me, and other law enforcement professionals, the freedom to communicate critical information about problematic former employees so that they do not surface in another community unbeknownst to those departments. HB16­1263 Racial Profiling Prohibition Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Calendar Notification: NOT ON CALENDAR Short Title: Racial Profiling Prohibition Sponsors: WILLIAMS / ULIBARRI Summary: Under current law, there is a prohibition against profiling by a peace officer. The bill adds to the prohibition by updating the definition of profiling and describing additional prohibited activities related to profiling. Status: 02/12/2016 Introduced In House ­ Assigned to Judiciary Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1264 Ban Law Enforcement Use Of Chokehold Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Calendar Notification: NOT ON CALENDAR Short Title: Ban Law Enforcement Use Of Chokehold Sponsors: MELTON Summary: The bill prohibits a peace officer from intentionally using a chokehold against another person. The bill makes a violation a class 1 misdemeanor. The bill makes an exception if the officer believes his or her life is in danger or that he or she or another person is in imminent danger of death or serious bodily injury. Status: 02/12/2016 Introduced In House ­ Assigned to Judiciary Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1265 Expunge Arrest Records Based On Mistaken Identity Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Calendar Notification: NOT ON CALENDAR Short Title: Expunge Arrest Records Based On Mistaken Identity Sponsors: MELTON Summary: The bill requires a law enforcement agency to file a petition to expunge the arrest record of a person who is arrested as a result of mistaken identity and with no charges filed with the district court in the judicial district where the person was arrested. The law enforcement agency shall file the petition within 90 days after determining that the person was arrested based on mistaken identity. The court shall enter an order of expungement within 90 days after receiving the petition. The bill prohibits employers, educational institutions, state and local government agencies, officials, and employees from, in any application or interview or in any other way, requiring an applicant to disclose information contained in expunged records. Status: 02/12/2016 Introduced In House ­ Assigned to Judiciary Fiscal Notes: Analyze This Comments: SB16­012 Time To Reconstruct Residential Improvements Comment: Not explicit in LPA Position: Monitor Calendar Notification: Wednesday, March 9 2016 Local Government 1:30 p.m. Room 0107 (1) in house calendar. Short Title: Time To Reconstruct Residential Improvements Sponsors: HEATH / SINGER Summary: This bill allows residential property to maintain its property tax classification for an indefinite period of time if the county assessor determines the property owner is making a good faith effort to rebuild an improvement destroyed by a natural disaster. A residential improvement is a home or other structure that has been built on residential property. Under current law, the property can maintain its residential classification for up to four years after the improvement has been destroyed if, in the assessor's judgement, the owner intends to repair or replace the structure. Status: 02/10/2016 Introduced In House ­ Assigned to Local Government Fiscal Notes: Fiscal Note Analyze This Comments: SB16­017 Concealed Handgun Carry Without Permit Comment: LPA pg 31, Public Safety #5, "Reject initiatives that have the potential to compromise officer safety." Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: Concealed Handgun Carry Without Permit Sponsors: NEVILLE T. / NEVILLE P. Summary: Bill would eliminate concealed carry permit requirement. Permits ensure applicants have received training and gun safety classes. Status: 02/23/2016 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: SB16­037 Public Access Digitally Stored Data Under CORA Comment: LPA pg 28, Sovereign and Governmental Immunity #2, "Discourage baseless and frivolous claims and demands made against municipalities, their officers and employees." Position: Amend Calendar Notification: Wednesday, February 24 2016 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 356 (1) in senate calendar. Short Title: Public Access Digitally Stored Data Under CORA Sponsors: KEFALAS / PABON Summary: Bill would amend the Colorado Open Records Act (CORA) and direct government to, upon request, provide certain files in their "native" format. Concerns include data integrity and costs associated with compliance. Status: 01/13/2016 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: SB16­038 Transparency Of Community­centered Boards Comment: Not explicit in LPA Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Transparency Of Community­centered Boards Sponsors: AGUILAR / YOUNG Summary: Bill would increase transparency of community­centered boards (CCB) through a regular state audit and compliance with the local government audit law. In Larimer County, Foothills Gateway is a CCB. Status: 02/01/2016 Senate Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: SB16­044 Contested Conservation Easement Tax Credit Claims Comment: LPA pg. 21, Natural Areas and Open Lands #1, "Maintain or enhance tax incentives to private landowners for voluntary land conservation." Position: Monitor Calendar Notification: Thursday, February 25 2016 SENATE FINANCE COMMITTEE Upon Adjournment LSB­B (1) in senate calendar. Short Title: Contested Conservation Easement Tax Credit Claims Sponsors: SONNENBERG Summary: The bill states that the only allowable reason for the Department of Revenue (department) to contest a conservation easement tax credit claim is if the appraised value is supported solely by an appraiser convicted of a crime in connection with the preparation of an appraisal. Status: 02/09/2016 Senate Committee on Finance Lay Over Unamended ­ Amendment(s) Failed Fiscal Notes: Fiscal Note Analyze This Comments: SB16­063 Intergovt Agreement With Out­of­state Local Gov Comment: LPA pg 32, Public Safety #16, "Increasing state, regional and local disaster resilience." Position: Support Calendar Notification: Wednesday, March 2 2016 Local Government 1:30 p.m. Room 0107 (2) in house calendar. Short Title: Intergovt Agreement With Out­of­state Local Gov Sponsors: ROBERTS / VIGIL Summary: Bill would allow agreement between municipalities and out­of­state partners for emergency services. Status: 02/17/2016 Introduced In House ­ Assigned to Local Government Fiscal Notes: Fiscal Note Analyze This Comments: SB16­067 Broadband Personal Property Tax Exemption Comment: LPA pg 18, Finance #3, "Promote the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions." Position: Calendar Notification: NOT ON CALENDAR Short Title: Broadband Personal Property Tax Exemption Sponsors: SCHEFFEL / WILLIAMS Summary: Bill creates a state Business Personal Property Tax exemption for broadband equipment. Does not specify new equipment or expansion of existing service. Status: 01/19/2016 Introduced In Senate ­ Assigned to Finance + Appropriations Fiscal Notes: Analyze This Comments: N/A: Mon, February 15, 2016, by rrogers@fcgov.com (15­Feb­16) Since property tax is the purview of the County, we are not certain what if any broadband assets and property tax revenue may/could be impacted. SB16­075 DNA Collection Misdemeanor Vulnerable Persons Comment: LPA pg 31, Public Safety #2, "Provide greater protection to victims of crime." Position: Monitor Calendar Notification: Wednesday, March 2 2016 SENATE JUDICIARY COMMITTEE 1:30 PM LSB­B (2) in senate calendar. Short Title: DNA Collection Misdemeanor Vulnerable Persons Sponsors: JOHNSTON / LAWRENCE Summary: Bill seeks to collect DNA samples for certain additional offenses. Status: 01/19/2016 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes: Analyze This Comments: SB16­077 Employment First For Persons With Disabilities Comment: LPA pg 14, Social Sustainability #6, "Provide reasonable accommodation and expand access for special populations, including individuals with disabilities, seniors, at­risk youth, people with mental health needs, and households needing affordable childcare." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Employment First For Persons With Disabilities Sponsors: KEFALAS / GINAL Summary: Bill seeks to direct the state to develop an employment first model for individuals with disabilities. Status: 01/19/2016 Introduced In Senate ­ Assigned to Finance Fiscal Notes: Fiscal Note Analyze This Comments: SB16­080 Marijuana Grows Enclosed Space Requirements Comment: LPA pg 31, Marijuana #1, "Regulate medical and retail marijuana manufacturing, distribution and dispensaries." Position: Calendar Notification: Wednesday, February 24 2016 GENERAL ORDERS ­ SECOND READING OF BILLS (2) in senate calendar. Short Title: Marijuana Grows Enclosed Space Requirements Sponsors: NEWELL Summary: Bill would apply the same legal definition of “enclosed, locked space” as required by Amendment 64 to allowed personal grows of medical marijuana. Status: 02/24/2016 Senate Second Reading Passed with Amendments ­ Floor Fiscal Notes: Fiscal Note Analyze This Comments: SB16­100 County Road & Bridge Tax Reduction Requirement Comment: LPA pg 33, Transportation #1, "Facilitate cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists, pedestrians and those using mobility aid devices." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: County Road & Bridge Tax Reduction Requirement Sponsors: JAHN / PABON Summary: CML bill. The statutes required that one­half of the amount of the levy collected from within a municipality be returned to the municipality to address local road and bridge needs. However, counties have unilateral authority to reduce or eliminate the road & bridge mill levy, in some cases supplementing their own road & bridge fund with other sources of revenue (i.e. specific ownership taxes). This fundamentally unfair fiscal practice has resulted in the loss millions of dollars to municipalities to address their local transportation infrastructure issues as the law intends. CML believes legislation requiring municipal consent or agreement prior to reduction of an existing mill levy is wholly appropriate and on par with recent legislative actions. Status: 02/16/2016 Senate Committee on Transportation Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: SB16­129 Neutral Oversight Of Oil And Gas Activities Comment: LPA pg. 22, Oil and Gas #5, "Allow greater local regulation of oil and gas exploration activities within municipal boundaries." Position: Calendar Notification: Wednesday, March 2 2016 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 354 (2) in senate calendar. Short Title: Neutral Oversight Of Oil And Gas Activities Sponsors: JONES / ARNDT Summary: Bill would remove the word "foster" from the mission of the Colorado Oil and Gas Conservation Commission charter. This change would make COGCC a regulatory entity, rather than one that blends both regulation and "fostering the industry." Status: 02/18/2016 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Analyze This Comments: SB16‐054 Local Government Minimum Wage Monitor Monitor 1/19 SA 2/17 SB16‐063 Intergovt Agreement With Out‐of‐state Local Gov Support Support 1/19 LG 2/9 2/12 2/16 LG 3/2 SB16‐067 Broadband Personal Property Tax Exemption Oppose 1/19 F Ap SB16‐075 DNA Collection Misdemeanor Vulnerable Persons Monitor Monitor 1/19 Jud 3/2 SB16‐077 Employment First For Persons With Disabilities Monitor Monitor 1/19 F 2/16 SB16‐080 Marijuana Grows Enclosed Space Requirements Support 1/19 BL 2/16 2/24 2/25 SB16‐100 County Road & Bridge Tax Reduction Requirement Support Support 1/29 Trans SB16‐129 Neutral Oversight Of Oil And Gas Activities Support 2/19 Ag 3/2 City of Fort Collins Legislative Tracking General Assembly Session 2016 First House Second House