HomeMy WebLinkAboutAgenda - Mail Packet - 3/7/2017 - Legislative Review Committee Agenda - March 7, 2017City 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 7, 2017
4:00 – 5:00 p.m.
Commons Conference Room, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from February 21, 2017 Meeting (3 minutes)
Attached: February 21
st
Minutes
2. Agenda Review (3 minutes)
3. Update from Bowditch and Cassell (10 minutes)
4. Bill Review (20 minutes)
Bill Report here (also attached in packets)
Bill review:
o Recommended support
o Recommended oppose
o Recommended monitor
5. Standing agenda item: CC4CA update (10 minutes)
Memo attached
6. Other business (5 minutes)
Hospital Provider Fee
o Letter attached
Planned discussion items for NLC trip
Next meeting: March 21
st
from 4:00-5:00 p.m.
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
Meeting Notes
February 21, 2017 4:00 p.m.
Commons Conference Room
Councilmembers Present: Gino Campana, Ross Cunniff, and Ray Martinez
Staff Present: Carrie Daggett, Jeff Mihelich, Jeanne Sanford, Ginny Sawyer, Lisa Rosintoski and
Tyler Marr
The meeting came to order at 4:01 pm.
Approval of Minutes
LRC approved the minutes of the February 7
th
meeting unanimously, with the addition of Carrie
Daggett and Jeanne Sanford being present.
Senate Bill 040
Councilmember Cunniff explained that he wished to explore the amendments to SB 040 and
clarified that in his quote to the Coloradoan, the nuance was not reported that he would be
testifying as an individual if he testifies.
Bill Review
LRC took the following positions on state bills:
House bills:
HB 1008
Graywater Regulation Exemption
For Scientific Research Monitor
HB 1016
Exclude Value Mineral
Resources Tax Increment
Financing Division Monitor
HB 1032
First Responder Peer Support
Testimony Privilege Support
HB 1051
Procurement Code
Modernization Monitor
HB 1065
Clarify Requirements Formation
Metropolitan District Monitor
HB 1083
Municipal Judge Advisement for
Traffic Offenses Support
HB 1123
Extend On-premises Retail
Alcohol Beverages Sales Hours Monitor
HB 1124
Local Government Liable
Fracking Ban Oil And Gas
Moratorium Oppose
HB 1134
Hold Colorado Govt Accountable
Sanctuary Jurisdiction Oppose
2
HB 1151
Electrical Assisted Bicycles
Regulation Operation Monitor
HB 1153 Highway Congestion Mitigation
Monitor, with the
understanding that the City
doesn’t like the precedent of
the legislature picking
transportation projects, even
though the City strongly
support a solution for
additional transportation
dollars.
HB 1162
Outstanding Judgments And
Driver's Licenses Oppose
HB 1169
Construction Defect Litigation
Builder's Right To Repair
Support, LRC is supportive of
concept, but discussion ensued
that indicated the City would
prefer something other than
the “unfettered access”
language currently built in.
Cassell indicated this bill is
likely to die.
HB 1171
Authorize New Transportation
Revenue Anticipation Notes Monitor, bill is also likely to die
HB 1177
Mediation For Disputes Arising
Under CORA Colorado Open
Records Act Oppose
Senate bills:
SB 014
Limits On Underground Storage
Tank Regulation Monitor
SB 021
Assistance To Released Mentally
Ill Offenders
Monitor, with discussion of not
liking the fiscal impact and
source of funds
SB 040
Public Access To Government
Files
Oppose unless Amended, Retain
current position,
Councilmember Cunniff noted
that he would like to be able to
get LRC to yes on the bill, to
support an effort in-line with
current City efforts. LRC will
reevaluate once amendments
are taken.
Recommendation from
Councilmember Cunniff for
an amendment that limits this
3
CORA request. LRC decided
to reevaluate position if and
when amendments are
introduced/accepted.
SB 045
Construction Defect Claim
Allocation Of Defense Costs Support
SB 063 Marijuana Club License
Bill was laid over today, LRC
decided to hold position until
amendment can be reviewed.
SB 082
Regulation Of Methadone
Treatment Facilities
No position today, some
concern expressed about the
amount of local control that
the bill affords. Legal staff
will do additional research
SB 117
Recognize Industrial Hemp
Agricultural Product For
Agricultural Water Right
Oppose, Cassell shared that
there is a lot of opposition to
this bill.
SB 134
Alcohol Beverage Licensee
Penalty Application Monitor
SB 141
Low-risk Sex Offender
Community-based Treatment Oppose
SB 143
Cleanup Alcohol Beverage Retail
Sales Monitor
SB 155
Statutory Definition Of
Construction Defect
Support, request from
Councilmember Cunniff to
bring back to LRC if any
amendments present
themselves
SB 156
Homeowners' Association
Construction Defect Lawsuit
Approval Timelines Support
Cassell also discussed SB 157, which is the latest bill addressing construction defects.
Standing Agenda Item: CC4CA Update
No update
Federal Items
The community has asked for the City to review various concerns associated with Border
Adjustment Taxes and potential closings of federal labs. LRC direction was to share information
as it becomes available and bring forth formal consideration once formal legislation is available.
Other Business
Denver legislative lunch with northern Colorado legislators is confirmed for March 1
st
The meeting adjourned at 5:11 P.M.
1
HB17-1008 Graywater Regulation Exemption For Scientific Research
Comment:
Position: Monitor
Calendar
Notification:
Monday, March 13 2017
Agriculture, Livestock, & Natural Resources
1:30 p.m. Room 0107
(2) in house calendar.
News:
Sponsors: J. Arndt / J. Sonnenberg
Summary: Water Resources Review Committee.
The water quality control commission in the department of public
health and environment (commission) is responsible for developing
requirements, prohibitions, and standards that protect public health and
water quality for the use of graywater for nondrinking purposes.
Scientific research on graywater that might involve graywater uses and
systems that do not strictly comply with the requirements, prohibitions,
and standards developed by the commission would not be permitted
under the control regulations.
To facilitate scientific research related to graywater uses and
systems, the bill creates an exemption from the commission's graywater
control regulations for scientific research involving human subjects
whereby a person may collect and use graywater for purposes of
scientific research involving human subjects if the person:
• Seeks to conduct the scientific research on behalf of an institution
of higher education;
• Utilizes a graywater treatment works system that incorporates a
secondary water supply to provide an alternative source of water
if any portion of the system does not function properly; and
• Collects and uses graywater in accordance with the terms and
conditions of the decrees, contracts, and well permits applicable
to the use of the source water rights or source water and any
return flows.
The person is required to report to the water resources review committee
on an annual basis the results of periodic monitoring conducted to assess
the continued functioning of the graywater treatment works system used
in the project and the project's compliance with federal rules concerning
2
the protection of human research subjects.
(Note: This summary applies to this bill as introduced.)
Status: 1/11/2017 Introduced In House - Assigned to Agriculture, Livestock, &
Natural Resources
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Neutral: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) Impact to the Fort Collins Utilities Water Resources
Division will be little to none, since the bill supports exemption for
scientific research.
Support: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) While this bill doesn't have a specific impact on operations,
staff generally supports graywater reuse and any research that could
improve on the technology.
Support: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) This bill aligns with the City's legislative policy objective of
"Support comprehensive water resource management", which includes
encouraging increased (water) efficiency - which graywater use
promotes.
Yes: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) Support for water conservation and reuse.
Neutral: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) Suggest Liesel Hans, Water Conservation Manager
Yes: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) Liesel Hans
Status History: Status History
Analyze This: Comments
HB17-1016 Exclude Value Mineral Resources Tax Increment
Financing Division
Comment:
Position: Monitor
Calendar NOT ON CALENDAR
3
Notification:
News:
Sponsors: L. Saine | M. Gray / B. Martinez Humenik | R. Zenzinger
Summary: The bill permits the governing body of a municipality, as applicable, to
provide in an urban renewal plan that the valuation attributable to the
extraction of mineral resources located within the urban renewal area is
not subject to the division of taxes between base and incremental
revenues that accompanies the tax increment financing of urban renewal
projects. In such circumstances, the taxes levied on the valuation will be
distributed to the public bodies as if the urban renewal plan was not in
effect.
The bill defines the terms 'mineral resources' and 'valuation
attributable to the extraction of mineral resources.'
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/27/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Neutral: Tue, January 31, 2017, by prowe@fcgov.com
(31-Jan-17) The tax increment derived from the "valuation attributable to
the extraction of mineral resources" is unlikely to be of any significance
within existing or future Fort Collins Urban Renewal Authority plan
areas. Further, this bill allows the City to elect to exclude this valuation,
but does not require the City to do so.
Status History: Status History
Analyze This: Comments
HB17-1032 First Responder Peer Support Testimony Privilege
Comment:
Position: Support
Calendar
Notification:
Thursday, March 2 2017
GENERAL ORDERS - SECOND READING OF BILLS - CONSENT
CALENDAR
(2) in senate calendar.
News:
4
Sponsors: J. Arndt / J. Cooke
Summary: Under current law, peer support team members for certain first
responders and a first responder may not be required to testify about
communications made during the peer support process without the first
responder's consent. The bill clarifies that the communication need not be
during an individual peer support meeting.
Under current law, there is an exception to the privilege if the
information provided to the peer support team member indicates certain
actual or suspected crimes. The bill adds crimes against at-risk persons to
the list of crimes.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/27/2017 Senate Committee on Judiciary Refer Unamended - Consent
Calendar to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) this is an important amendment to make the peer support
process better. As it stands now, confidentiality may not apply if a
psychologist or peer support member is working with a couple or a
debrief involving multiple people. Apparently this was a last minute
addition to the legislation that was not well thought out.
Yes: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) This change allows us to better provide support to police
officers.
Yes: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) Dr. Dan Dworkin, FCPS Psychologist, is very
knowledgeable about this topic and is able to testify if needed.
Status History: Status History
Analyze This: Comments
HB17-1035 Sex Assault And Stalking Victims May Break Leases
Comment:
Position: Support
5
Calendar
Notification:
Wednesday, March 15 2017
SENATE JUDICIARY COMMITTEE
1:30 PM SCR 352
(2) in senate calendar.
News:
Sponsors: D. Jackson / J. Cooke
Summary: Under current law, if a tenant notifies his or her landlord in writing that
he or she is the victim of domestic violence or domestic abuse and
provides to the landlord evidence in the form of a police report written
within the prior 60 days or a valid protection order, and the tenant seeks
to vacate the premises due to fear of imminent danger for self or children,
then the tenant may terminate the rental agreement or lease and vacate the
premises with minimal remaining obligations. The bill extends this
privilege to victims of unlawful sexual behavior and stalking. The bill
also provides that a statement from an application assistant designated by
the address confidentiality program or, in the case of a victim of unlawful
sexual behavior, from a medical professional, confirming the tenant's
victim status is a third means of presenting evidence to the landlord.
If a tenant to a residential rental agreement or lease agreement
notifies the landlord that the tenant is a victim of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse, the landlord
shall not disclose such fact to any person except with the consent of the
victim or as the landlord may be required to do so by law.
If a tenant to a residential rental agreement or lease agreement
terminates his or her lease pursuant to this section because he or she is a
victim of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse, and the tenant provides the landlord with a new address,
the landlord shall not disclose such address to any person except with the
consent of the victim or as the landlord may be required to do so by law.
Under current law, a dangerous or uninhabitable condition in a
rented property does not constitute a breach of the warranty of
habitability if the condition is caused by the misconduct of the tenant, a
member of the tenant's household, a guest or invitee of the tenant, or a
person under the tenant's direction or control. However, such a condition
is not misconduct by a victim of domestic violence or domestic abuse if
the condition is the result of domestic violence or domestic abuse and the
landlord has been given written notice and evidence of domestic violence
or domestic abuse. The bill adds language to provide the same protection
for tenants who are victims of unlawful sexual behavior or stalking.
6
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/15/2017 Introduced In Senate - Assigned to Judiciary
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com
(27-Jan-17) This makes sense to protect victims from further problems. I
don't know of a situation that this would affect locally.
Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com
(27-Jan-17) Public safety, protection of victims. It makes sense but I don't
think we would have strong opinion about it.
Status History: Status History
Analyze This: Comments
HB17-1051 Procurement Code Modernization
Comment:
Position: Monitor
Calendar
Notification:
Friday, March 3 2017
GENERAL ORDERS - SECOND READING OF BILLS
(2) in house calendar.
News:
Sponsors: B. Rankin | A. Garnett / A. Kerr | D. Coram
Summary: The Colorado 'Procurement Code' (code) governs how executive
branch agencies, other than institutions of higher education that have
opted out of the code, buy goods and services. The code is administered
by the department of personnel (department) and exists to help keep the
public trust, promote fair competition, make efficient use of taxpayer
dollars, and allow the state to effectively do the people's business. The
code has been amended many times over the years, but it has not been
reviewed in total since the general assembly enacted it in 1982.
General updates (Sections 5, 6, 9, 11, 13, 15 through 18, 21
through 23, 31, and 36).
The code is based on the 1979 American bar association model
procurement code. When the state adopted the model code, much of the
structure and terminology was adopted as drafted by the American bar
7
association rather than conforming the structure and language to the
Colorado Revised Statutes. The bill updates the terminology used in the
code to make it consistent with common use, simplifies reporting
requirements, and reorganizes provisions of the code for ease of use. In
addition, the bill clarifies the authority of the executive director of the
department to promulgate rules for the administration of the code.
Promulgation of rules (Sections 8, 28, 32, 34, and 58).
The executive director of the department is currently required to
promulgate rules in furtherance of the code. The bill makes promulgation
of rules by the executive director of the department (executive director)
permissive throughout the code and authorizes the director to delegate his
or her authority to promulgate rules.
Ethics (Sections 2 and 4).
State procurement professionals follow the 'Procurement Code of
Ethics and Guidelines' (guidelines), which were established by the
Colorado procurement advisory council. The guidelines are often
interpreted to apply only to procurement staff and not to other people
involved in the procurement process. The bill clarifies that state
procurement officials, end users, vendors and contractors, and interested
third parties are required to adhere to ethical standards during all phases
of the procurement process.
Procurement training (Section 4).
The bill authorizes the chief procurement officer to develop and
conduct a procurement education and training program for state
employees and for vendors.
Application of the code (Section 3).
Certain purchasing activities are currently exempt from the code,
such as bridge and highway construction, the awarding of grants to
political subdivisions, and procurement by institutions of higher
education that have formally opted out of the code. The bill exempts the
procurement of specified additional goods and services from the code.
Grants (Sections 3 and 6).
Currently, the application, processing, and management of grants
is inconsistent across state agencies. The bill amends the definition of
'grant' to provide consistency and to comply with federal requirements
8
including the office of management and budget uniform guidance.
Multiyear contracts (Section 37).
Currently, the state may enter into a contract for any period as
long as the contract term is included in the solicitation. If a contract term
ultimately needs to exceed the period specified in the solicitation, the
contract cannot be extended and a new contract is required. The bill
authorizes the state to extend an existing contract, with approval of the
chief procurement officer, for a reasonable period if extenuating
circumstances exist.
Contract management system (Section 37).
The centralized contract management system and related
requirements for contract provisions, monitoring, and reporting were
established for the purpose of improving the state's contracting process.
The bill repeals provisions related to contract monitoring and reporting
and allows for remedies, including suspension or debarment, for
contractors who do not perform.
Contract terms and conditions (Section 38).
The process to negotiate vendor terms and conditions sometimes
requires the state to agree to a requirement that the state indemnify the
vendor and that the contract be governed by the vendor's choice of law
rather than Colorado law. However, indemnification is in violation of the
state constitution. The bill prohibits indemnification of vendors by the
state and requires that state contracts be governed by Colorado law.
Market research (Section 14).
A request for information (RFI) is a commonly used method for
obtaining information about pending procurements and doing market
research. Currently, RFIs are referenced in the procurement rules but not
in the code. The bill establishes an RFI process in the code as a market
assessment and information gathering tool and clarifies the appropriate
methods to conduct market research.
Administrative remedies (Sections 39 through 50).
The bill clarifies the administrative remedies provisions in the
code and provides guidance regarding the remedies process. Specifically,
the bill clarifies who may ratify a violation of the code, specifies when a
stay will apply, authorizes the executive director to refer an appeal to the
office of administrative courts, and states that only material issues may be
9
appealed.
Confidentiality and CORA (Sections 7 and 20).
Pursuant to current law, procurement records are public records,
with some exceptions under the 'Colorado Open Records Act'.
Procurement records, including bids and responses to RFIs, often contain
information that is proprietary or confidential by the submitting entity.
The bill clarifies that all responses to RFIs are confidential until after an
award based on the RFI has been made or until the procurement official
determines that the state will not pursue a solicitation based on the RFI.
The bill also authorizes the executive director of the department to
promulgate rules to clarify the process for classifying confidential or
proprietary information.
Procurement set asides, preferences, and goals (Sections 24
through 27).
Current law allows a set aside in state procurement for persons
with severe disabilities. The bill streamlines the process by which state
agencies and nonprofit agencies that employ people with severe
disabilities may use the set aside program and authorizes the executive
director to promulgate rules for the administration of the program.
In addition, current law contains many procurement preferences
and goals; however, these preferences and goals are located in various
provisions of the code and in other provisions of the Colorado Revised
Statutes. The various locations of these provisions, as well as inconsistent
terminology in the preference and goal provisions, make it difficult for
vendors and procurement officials to know how each preference and goal
should be applied. The bill relocates currently existing procurement
preferences and goals into a new part and makes the language of those
provisions consistent where possible.
Cooperative purchasing (Section 51).
Cooperative purchasing is procurement conducted by, with, or on
behalf of more than one public procurement entity. It increases the
opportunity for the state and local governments to obtain volume
discounts through joint purchasing and it lowers the transaction costs of
both purchasing agencies and vendors. The bill provides state agencies
with more flexibility to use cooperative purchasing to increase
efficiencies and maximize state resources.
Conforming amendments (Sections 1, 10, 12, 19, 29, 30, 33, 35,
10
52 through 57, and 59 through 74).
The bill makes necessary conforming amendments.
(Note: This summary applies to this bill as introduced.)
Status: 2/28/2017 House Committee on Business Affairs and Labor Refer
Amended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
N/A: Wed, February 22, 2017, by gspaul@fcgov.com
(22-Feb-17) The City Attorney's Office has confirmed the Procurement
Code expressly applies only to "governmental bodies of the executive
branch of the state." The proposed amendments to HB 17-1051 do not
change this applicability provision. Therefore, the State's Procurement
Code is not applicable to the City. From time-to-time the City does utilize
cooperative purchases executed by the State of Colorado. However, I do
not anticipate the changes to the Procurement Code to impact the City
leveraging certain cooperative purchases.
Status History: Status History
Analyze This: Comments
HB17-1065 Clarify Requirements Formation Metropolitan District
Comment:
Position: Monitor
Calendar
Notification:
Tuesday, March 7 2017
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 354
(1) in senate calendar.
News:
Sponsors: K. Lewis / V. Marble
Summary: Under existing law, no land area that is 40 acres or more used
primarily and zoned for agricultural uses may be included in any park and
recreation district without the written consent of the land owners.
Sections 1 and 2 of the bill make any metropolitan district
providing parks or recreational facilities and programs subject to this
11
limitation.
Sections 3 and 4 clarify that only those signatures obtained after
the approval by a county or municipality of the service plan of a proposed
special district may be considered by the district court in determining
whether the required number of taxpaying electors of such district have
signed the petition for organization.
(Note: This summary applies to this bill as introduced.)
Status: 2/8/2017 Introduced In Senate - Assigned to Local Government
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Status History: Status History
Analyze This:
HB17-1076 Artificial Recharge Nontributary Aquifer Rules
Comment:
Position: Support
Calendar
Notification:
Thursday, March 9 2017
SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY
COMMITTEE
1:30 PM SCR 357
(3) in senate calendar.
News:
Sponsors: J. Arndt / D. Coram | S. Fenberg
Summary: Currently, the state engineer must promulgate rules for the permitting and
use of waters artificially recharged into 4 named aquifers. The bill adds
the requirement that the state engineer also promulgate rules for the
permitting and use of waters artificially recharged into nontributary
groundwater aquifers. The rules must be promulgated on or before July 1,
2018.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/6/2017 Introduced In Senate - Assigned to Agriculture, Natural
12
Resources, & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) The Fort Collins Utilities Water Resources Division supports
this bill because it will develop rules that would facilitate and streamline
some of the legal hurdles for potential future aquifer storage and recovery
(ASR) projects. Since Utilities is currently investigating ASR as a
potential future storage option, this bill could develop rules that would
potentially diminish legal uncertainty associated with ASR.
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) This bill aligns with the City's legislative policy objective of
"Support comprehensive water resource management", which includes
ensuring adequate supply, expanding storage and supports efforts to
address local and regional water needs.
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) Donnie Dustin, Water Resources Manager ALSO - Eric
Potyondy, Assistant City Attorney - given legal nature of bill
Status History: Status History
Analyze This: Comments
HB17-1083 Municipal Judge Advisement For Traffic Offenses
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: L. Liston / B. Gardner
Summary: House Bill 16-1309 requires a judge to inform a defendant of certain
rights at the defendant's first appearance in prosecutions in municipal
courts. The bill excludes cases involving traffic infractions or violations
for which the penalty is only a fine and for which jail is not a possibility.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
13
Status: 2/28/2017 Introduced In Senate - Assigned to Judiciary
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Sun, January 22, 2017, by klane@fcgov.com
(22-Jan-17) This bill would soften the impact of HB 16-1309 by limiting
the types of cases to which C.R.S. Section 16-7-207 applies. It supports
our current, more efficient arraignment process relating to minor traffic
violations.
N/A: Mon, January 30, 2017, by jsanford@fcgov.com
(30-Jan-17) No legal objections to this bill
Amend: Wed, February 01, 2017, by klane@fcgov.com
(01-Feb-17) Revision to my earlier "reply": It would be best if the bill
exempted ALL infractions, not just some traffic infractions, from the full
advisement process. Many municipalities have decriminalized some
minor offenses, such as Animal at Large, which are considered to be civil
infractions, punishable only by fines and costs, not jail. Fort Collins has
adopted "Rules for Civil Infractions" which are similar to the "Rules for
Traffic Infractions" and provide a simplified process for those cases. It is
more efficient for the Defendants and the Court to follow that process.
This amendment would support that simplified process.
N/A: Mon, January 30, 2017, by jsanford@fcgov.com
(30-Jan-17) No legal objections to this bill
Status History: Status History
Analyze This: Comments
HB17-1102 Prohibit Nuisance Exhibition Motor Vehicle Exhaust
Comment:
Position: Support
Calendar
Notification:
Wednesday, March 8 2017
SENATE STATE, VETERANS, & MILITARY AFFAIRS
COMMITTEE
1:30 PM SCR 357
(1) in senate calendar.
News:
Sponsors: J. Ginal / D. Coram
Summary: The bill prohibits engaging in a nuisance exhibition of motor vehicle
14
exhaust, which is the act of knowingly blowing black smoke through one
or more exhaust pipes attached to a motor vehicle with a gross vehicle
weight rating of 14,000 pounds or less in a manner that would harass
another driver, a bicyclist, or a pedestrian and obstruct or obscure the
view of another driver, a bicyclist, or a pedestrian. A person who violates
the prohibition commits a class A traffic infraction, punishable by a fine
of $100.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/24/2017 Introduced In Senate - Assigned to State, Veterans, & Military
Affairs
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Support: Fri, January 27, 2017, by chorton@fcgov.com
(27-Jan-17) Through our current legislative authority regarding the
environmental (emissions) issues, our police officers are nearly
hamstrung to address the issue of nuisance exhaust or 'rolling coal'.
Current law requires onerous training for an officer to be certified to
write an emissions violation. Regarding diesel emission, the law states,
In no case shall such {emissions} level be less than twenty percent
opacity when observed. No FCPS officer has completed a citation
under this law (42-4-412 (2)(a).) ??Officers in Fort Collins have been
somewhat successful citing some offenders using ?42-4- 1105????(2)
under the title Speed Conte sts . The specific regulation is meant to
address street racing. We have somewhat awkwardly referenced the 'rapid
acceleration' section below: ?? (2) (a) Except as otherwise provided in
subsection (4) of this section, it is unlawful for a person to knowingly
engage in a speed exhibition on a highway. ??(b) For purposes of this
section, "speed exhibition" means the operation of a motor vehicle to
present a display of speed or power. "Speed exhibition" includes, but is
not limited to, squealing the tires of a motor vehicle while it is stationary
or in motion, rapid acceleration, rapid swerving or weaving in and out of
traffic, producing smoke from tire slippage, or leaving visible tire
acceleration marks on the surface of the highway or ground. ??(c) A
person who violates any provision of this subsection (2) commits a class
2 misdemeanor traffic offense. The offense described above includes the
possibility of jail, which seems disproportionate the the offense. Using
The legislation proposed by Rep. Ginal is refreshing. Unlike using a law
that did not contemplate this behavior, officers would be able to cite a
specific prohibition on the exact behavior. The law would be very easy to
enforce, yet still require officers to make reasoned arguments to the court
regarding their determination to write the citation.
15
Support: Fri, January 27, 2017, by chorton@fcgov.com
(27-Jan-17) The City supported this bill during the last legislative
session. I am not sure if another formal endorsement has been made from
the Legislative Committee for the current iteration.
Support: Fri, January 27, 2017, by chorton@fcgov.com
(27-Jan-17) Lt. Craig Horton testified last year. from staff.
Status History: Status History
Analyze This: Comments
HB17-1116 Continue Low-income Household Energy Assistance
Comment:
Position: Monitor
Calendar
Notification:
Friday, March 3 2017
Appropriations
7:45 a.m. Room 271
(7) in house calendar.
News:
Sponsors: M. Hamner | T. Exum / B. Martinez Humenik
Summary: Current law provides that the department of human services low-
income energy assistance fund, the energy outreach Colorado low-
income energy assistance fund, and the Colorado energy office low-
income energy assistance fund receive conditional funding from the
severance tax operational fund through the state fiscal year commencing
July 1, 2018. The bill removes the automatic repeal which means that
these funds will be eligible for this conditional funding indefinitely.
(Note: This summary applies to this bill as introduced.)
Status: 2/16/2017 House Committee on Transportation & Energy Refer
Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) To maintain the viability of the Utilities Affordability
Portfolio sustainable funding is critical to manage those outcomes. The
bill removes the automatic repeal which means that these funds will be
eligible for this conditional funding indefinitely.
16
Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) The City of Fort Collins has embraced aggressive climate
action goals that are based on the triple bottom line of integrating social,
environmental and economic. Because of this the City has multiple City
Council approved policies and plans that specifically recognize the
importance of supporting low income customers with resources and
funding to achieve their energy efficiency and conservation success. Key
documents include the Climate Action Plan, City Strategic Plan and the
Energy Policy.
N/A: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) Lisa Rosintoski
Status History: Status History
Analyze This: Comments
HB17-1123 Extend On-premises Retail Alcohol Beverages Sales Hours
Comment:
Position: Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: S. Lebsock | D. Thurlow / V. Marble
Summary: Current law prohibits a person licensed to sell alcohol beverages for on-
premises consumption from serving alcohol beverages between the hours
of 2 a.m. and 7 a.m.
The bill allows a local government to extend the hours during
which alcohol beverages may be sold for on-premises consumption at
establishments within the local government's jurisdiction.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/15/2017 Introduced In Senate - Assigned to Business, Labor, &
Technology
Fiscal Notes Status: No fiscal impact for this bill
17
Analyze This
Comments:
Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com
(08-Feb-17) Police Services has concerns with extended bar hours,
however, the bill provides local control on whether to allow extended
hours. Concerns include: Requiring resources later into the night;
increased over-service (whether in our community or n'boring
communities); difficulty in citizen education if there are different bar
hours in different communities; and the possibility of people traveling
late night to find bars that are still open. The Clerk's office notes that if
the hours were changed for on premise liquor consumption, and an
application process is required, there would be administrative changes we
would need to employ.
N/A: Wed, February 08, 2017, by Jschiager@fcgov.com
(08-Feb-17) Wanda and Jeremy
Status History: Status History
Analyze This: Comments
HB17-1151 Electrical Assisted Bicycles Regulation Operation
Comment:
Position: Monitor
Calendar
Notification:
Tuesday, March 7 2017
SENATE TRANSPORTATION COMMITTEE
2:00 PM SCR 352
(1) in senate calendar.
News:
Sponsors: Y. Willett | C. Hansen / A. Kerr | O. Hill
Summary: Section 1 of the bill defines 3 classes of electrical assisted bicycle,
depending on their top speed and whether the electric motor assists in
propulsion only while the rider is pedaling or propels the bicycle
independently.
Sections 2 and 3 make technical and conforming amendments.
Section 4 requires manufacturers to label electrical assisted
bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a
person from modifying an electrical assisted bicycle without also
relabeling it to accurately reflect its classification. Section 4 also requires
all electrical assisted bicycles to comply with federal consumer product
safety commission (CPSC) requirements and specified classes of
18
electrical assisted bicycles to be equipped with appropriate braking
systems and speedometers.
Section 5 :
• Gives local governments the authority to allow or prohibit the use
of specified classes of electrical assisted bicycles on pedestrian
paths and bike paths;
• Prohibits a person under the age of 16 from riding a class 3
electrical assisted bicycle except as a passenger;
• For class 3 electrical assisted bicycles, requires all riders under 18
to wear a helmet certified by the CPSC or the American Society
for Testing Materials; and
• Specifies that noncompliance with the helmet law does not
constitute negligence or negligence per se in a lawsuit seeking
damages.
(Note: This summary applies to the reengrossed version of this
bill as introduced in the second house.)
Status: 2/24/2017 Introduced In Senate - Assigned to Transportation
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Monitor/Support: Thu, March 02, 2017, by Ginny Sawyer
(gsawyer@fcgov.com)
(02-Mar-17) In general, the bill seems to make it easier for people to use
e-bikes in Colorado, yet it still provides local jurisdictions with the ability
to prohibit the use of e-bikes if they choose to. It creates additional
classes for e-bikes, which may be helpful for Fort Collins in the future if
we decide to revisit our e-bike policy.
N/A: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(02-Mar-17) E-bikes are becoming more popular in Fort Collins (and we
have local e-bike businesses). Supporting the use of e-bikes (from FC
Bikes perspective) is important as we seek to increase cycling for
people of all ages and abilities.
Status History: Status History
Analyze This: Comments
HB17-1153 Highway Congestion Mitigation
Comment:
Position: Monitor
19
Calendar
Notification:
Wednesday, March 8 2017
House Transportation & Energy
1:30 p.m. Room 0112
(1) in house calendar.
News:
Sponsors: D. Williams | H. McKean / B. Gardner
Summary: The bill clarifies that high occupancy vehicle lanes are lanes on which a
vehicle carrying 2 or more individuals, including the driver, may travel
and that high occupancy toll lanes are lanes on which a vehicle carrying
fewer than 2 individuals, including the driver, must pay a toll. The bill
also raises the priority of currently unfunded projects to expand the
capacity of interstate highway 25 between the town of Castle Rock and
the town of Monument and between state highway 14 and state highway
66 (high priority projects) by:
• Requiring the department of transportation (CDOT) to put the
high priority projects above all other unfunded projects on its
priority list for project funding;
• Requiring all federal money received by CDOT that the federal
government does not require to be allocated for other projects and
that CDOT has not previously allocated for other projects to be
used to fund the high priority projects before being used to fund
other projects; and
• Requiring any environmental studies or other studies required to
be completed before the high priority projects may begin to be
completed no later than 6 months following the effective date of
the bill and prohibiting study findings from being used to prevent
the high priority projects from being undertaken.
(Note: This summary applies to this bill as introduced.)
Status: 2/6/2017 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) Fort Collins, North Front Range MPO and I-25 Regional
Coalition have been strong advocates and funding partners in accelerating
improvements to I-25 in Northern Colorado.Prioritizing these two
corridors would benefit the entire front range of Colorado.
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) Improving I-25 in Northern Colorado is a high priority for
Fort Collins.
20
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) Staff: Mark Jackson; Mayor Pro Tem Horak
Status History: Status History
Analyze This: Comments
HB17-1162 Outstanding Judgments And Driver's Licenses
Comment:
Position: Oppose
Calendar
Notification:
Thursday, March 16 2017
Judiciary
1:30 p.m. Room 0112
(1) in house calendar.
News:
Sponsors: M. Gray
Summary: Under current law, an individual who is cited for certain traffic
infractions must either pay the penalty assessment or appear in court for a
hearing. If the individual neither pays the infraction nor appears for a
hearing, the court must issue a judgment against the individual. An
individual who has an outstanding judgment:
• May have their driver's license canceled;
• May not receive a new driver's license; and
• May not renew a current driver's license.
The bill repeals these penalties and provides courts with the option of
withholding a driver's state income tax refund in order to satisfy the
outstanding judgment.
(Note: This summary applies to this bill as introduced.)
Status: 2/6/2017 Introduced In House - Assigned to Judiciary
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com
(13-Feb-17) Pursuant to state and local rules relating to traffic infractions,
when a defendant ignores a citation relating to such a violation, a default
judgment is entered. Since a warrant cannot be issued in those cases, the
Courts best method of enforcing the judgment is by adding a $30
21
default or outstanding judgment/warrant fee and sending the information
to the DMV for action against the defendant s driver s license. This has
been an effective tool which we seek to preserve. Without that tool, the
only option left to the Courts other than trying to obtain a portion of
the defendant s income tax refund, if any, under this Bill - would be to
submit the case to a collection agency for action. Those remaining
options are inadequate and will likely lead to an increase in the number of
cases which are not addressed by defendants in a timely manner.
Status History: Status History
Analyze This: Comments
HB17-1169 Construction Defect Litigation Builder's Right To Repair
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: T. Leonard / J. Tate
Summary: The bill clarifies that a construction professional has the right to receive
notice from a prospective claimant concerning an alleged construction
defect; to inspect the property; and then to elect to either repair the defect
or tender an offer of settlement before the claimant can file a lawsuit
seeking damages.
(Note: This summary applies to this bill as introduced.)
Status: 2/6/2017 Introduced In House - Assigned to State, Veterans, & Military
Affairs
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Support: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) This bill clarifies that a construction professional has the
right to receive notice from a prospective claimant concerning an alleged
construction defect; to inspect the property; and then to elect to either
repair the defect or tender an offer of settlement before the claimant can
file a lawsuit seeking damages. This clarification helps the building
community understand their rights in the case of a potential lawsuit. This
may help to alleviate some of the concerns with building these types of
22
units, which is consistent with City policy.
N/A: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Tom Leeson
Status History: Status History
Analyze This: Comments
HB17-1171 Authorize New Transportation Revenue Anticipation
Notes
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, March 29 2017
State, Veterans, & Military Affairs
1:30 p.m. Room LSB-A
(1) in house calendar.
News:
Sponsors: T. Carver | P. Buck
Summary: In 1999, the voters of the state authorized the executive director of the
department of transportation (executive director) to issue transportation
revenue anticipation notes (TRANs) in a maximum principal amount of
$1.7 billion and with a maximum repayment cost of $2.3 billion in order
to provide financing to accelerate the construction of qualified federal aid
transportation projects. The executive director issued the TRANs as
authorized. The final payments of principal and interest on the TRANs
will be made during fiscal year 2016-17, which will make available for
expenditure for transportation-related purposes only revenues dedicated
for transportation by federal law, the state constitution, and state law that
the state has been using to make principal and interest payments on the
TRANs.
Section 3 of the bill repeals a requirement that the state treasurer
make conditional transfers, which are reduced or eliminated if the state is
required to refund excess state revenues in accordance with the taxpayer's
bill of rights, of a specified percentage of total general fund revenues
from the general fund to the capital construction fund and the highway
users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20.
Section 4 of the bill requires the state transportation commission
to submit a ballot question to the voters of the state at the November 2017
23
statewide election, which, if approved, would authorize the executive
director to issue additional TRANs in a maximum principal amount of
$3.5 billion and with a maximum repayment cost of $5 billion once the
TRANs already issued are repaid in full. The additional TRANs must
have a maximum repayment term of 20 years, and the certificate, trust
indenture, or other instrument authorizing their issuance must provide
that the state may pay them in full before the end of the specified
payment term without penalty. Additional TRANs must otherwise
generally be issued subject to the same requirements and for the same
purposes as the original TRANs; except that the transportation
commission must pledge to annually allocate from legally available
money under its control any money needed for payment of the notes in
excess of amounts appropriated by the general assembly from the state
highway fund for payment of the notes as authorized by section 6 of the
bill until the notes are fully repaid.
Section 5 of the bill requires proceeds from the sale of any
additional TRANs that are not otherwise pledged for the payment of the
TRANs to be used only for specified projects until all of the projects have
been funded in whole or in part with such proceeds and have been fully
funded and specifies additional transportation project contract award
process requirements and limitations for a project to be funded in whole
or in part with proceeds of additional TRANs.
Sections 6 and 7 of the bill require 10% of state sales and use tax
net revenue collected on or after July 1, 2017, to be credited to the
highway users tax fund (HUTF), paid from the HUTF to the state
highway fund for use, subject to annual appropriation by the general
assembly, for payment of TRANs and, to the extent not used for that
purpose, state transportation projects. Section 6 also requires 1% of state
sales and use tax net revenue collected on or after July 1, 2017, less ten
million dollars to be credited to the capital construction fund.
(Note: This summary applies to this bill as introduced.)
Status: 2/6/2017 Introduced In House - Assigned to State, Veterans, & Military
Affairs + Finance + Appropriations
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) City of Fort Collins, North Front Range MPO and I-25
Regional Coalition have all pushed hard to get State to reconsider
reissuance of TRANS bonds, in addition to increasing the State's General
Fund contributions to transportation infrastructure needs.
24
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) Improving I-25 is a key priority for City of FC
Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com
(13-Feb-17) Mark Jackson, Staff or Gerry Horak, Mayor Pro Tem
Status History: Status History
Analyze This: Comments
HB17-1177 Mediation For Disputes Arising Under CORA Colorado
Open Records Act
Comment:
Position: Oppose
Calendar
Notification:
Thursday, March 16 2017
State, Veterans, & Military Affairs
Upon Adjournment Room LSB-A
(1) in house calendar.
News:
Sponsors: C. Wist | A. Garnett / J. Cooke
Summary: Commencing on the effective date of the bill, any person denied the right
to inspect documents under the 'Colorado Open Records Act' (CORA) or
who alleges other CORA violations may apply to the state district court
in which the record is located for an appropriate order. The bill also
permits the parties in good faith to participate in mediation to resolve
their dispute.
The bill provides immunity for the disclosure of privileged or
confidential information to the mediator.
The bill specifies requirements and procedures governing the
mediation, including situations where:
• The party disputing the custodian's decision has chosen not to
participate in the mediation before seeking a district court order;
• The parties participated in mediation but were unable to resolve
their dispute without filing a court order; and
• The parties did not participate in mediation.
(Note: This summary applies to this bill as introduced.)
25
Status: 2/6/2017 Introduced In House - Assigned to State, Veterans, & Military
Affairs
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Status History: Status History
Analyze This:
HB17-1203 Local Government Special Sales Tax On Retail Marijuana
Comment:
Position:
Calendar
Notification:
Wednesday, March 8 2017
Local Government
1:30 p.m. Room 0107
(2) in house calendar.
News:
Sponsors: S. Lebsock
Summary: The Colorado court of appeals has held that current law does not
authorize counties to levy and collect a sales tax on retail marijuana and
retail marijuana products in addition to any sales tax imposed by the state
and the standard sales tax imposed by the county (special sales tax).
Current law is also silent regarding the authority of a statutory
municipality (municipality) to collect a special sales tax on retail
marijuana and retail marijuana products. The bill authorizes counties and
municipalities to levy, collect, and enforce a special sales tax on retail
marijuana and retail marijuana products; except that a county may levy,
collect, and enforce a special sales tax on retail marijuana and retail
marijuana products only under the following circumstances:
• The county levies, collects, and enforces a special sales tax upon
all sales of retail marijuana and retail marijuana products in the
unincorporated areas of the county;
• The county levies, collects, and enforces a special sales tax upon
all sales of retail marijuana and retail marijuana products in the
municipalities within the county that do not levy a special sales
tax on the sale of retail marijuana and retail marijuana products.
The county special sales tax is authorized only until the
municipality obtains voter approval for a special municipal tax on
the sale of retail marijuana and retail marijuana products. After
26
such time, any county special sales tax is invalid within the
corporate boundaries of the municipality unless the county enters
into an intergovernmental agreement with the municipality to
allow the county to continue to levy, collect, and enforce the
county's special sales tax.
• The governing body of any county and the governing body of any
municipality within the boundaries of the county that levies a
municipal special sales tax on the sale of retail marijuana and
retail marijuana products enter into an intergovernmental
agreement pertaining to the county's levy, collection, and
enforcement of a special sales tax upon all sales of all retail
marijuana and retail marijuana products. The intergovernmental
agreement may include a provision for the apportionment of a
specified percentage of the gross retail marijuana special sales tax
revenue collected by the county to the municipality.
The bill specifies that a county or a municipality may not levy a special
sales tax under any circumstance until the proposed tax has been referred
to and approved by the eligible electors of the county or municipality, as
applicable. A county or municipality must refer the proposed tax to the
eligible electors only on the date of the state general election, on the first
Tuesday in November of an odd-numbered year, or, in the case of a
municipality, on the date of a municipal biennial election.
The bill specifies that if a county or municipality obtained voter
approval prior to the effective date of the bill to levy, collect, and enforce
a special sales tax upon the sale of retail marijuana and retail marijuana
products, the tax is valid; except that, for a county, the tax is valid only so
long as the county complies with the conditions specified in the bill. If
the county levies, collects, and enforces such tax in a municipality that
has already obtained voter approval to levy a special sales tax on the sale
of retail marijuana and retail marijuana products, the county's special
sales tax is invalid unless the county enters into an intergovernmental
agreement with the municipality.
Any special sales tax on retail marijuana and retail marijuana
products shall not be collected, administered, or enforced by the
department of revenue. Instead, such tax shall be collected, administered,
and enforced by the county or municipality imposing the tax.
A county or municipality in which the eligible electors have
approved a special sales tax on the sale of retail marijuana and retail
marijuana products may credit the revenues collected from the tax to the
general fund of the county or municipality or to any special fund created
in the county or municipality's treasury. The governing body of a county
or municipality may use the revenues collected from the tax for any
27
purpose as determined by the governing body of the county or
municipality.
(Note: This summary applies to this bill as introduced.)
Status: 2/23/2017 Introduced In House - Assigned to Local Government
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Status History: Status History
Analyze This:
SB17-014 Limits On Underground Storage Tank Regulation
Comment:
Position: Monitor
Calendar
Notification:
Thursday, March 2 2017
House Transportation & Energy
Upon Adjournment Room 0112
(1) in house calendar.
News:
Sponsors: R. Baumgardner | D. Coram / J. Becker
Summary: Transportation Legislation Review Committee.
The bill prohibits a local government from imposing inspection
requirements for underground petroleum storage tanks or charging
inspection fees for the inspection of underground petroleum storage
tanks.
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 2/9/2017 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Strongly Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com
(27-Jan- 17) Since the early 1980 s, the City of Fort Collins (City),
through its development review process and building inspection, along
28
with Poudre Fire Authority s (PFA) Fire Prevention Bureau, have been
conducting plan reviews and inspections of Underground Storage Tanks
(UST). These important proactive processes were implemented due to
several instances of leaking USTs causing environmental contamination,
human health, and property protection concerns in the Fort Collins area.
The City adopted accepted industry standards and worked with the model
codes to develop reasonable guidelines and requirements for the safe
installation and removal of UST s. The City and PFA work closely with
the Larimer County Health Department, the United Stated Environmental
Protection Agency, (EPA), Colorado Oil and Gas Commission, and
others stakeholders to prevent a reoccurrence of these issues in our
community. PFA is the primary inspection and enforcement agency for
UST s and review numerous installs and removals each year as well as
responding to spills and leaks when they do happen. All new gas stations
require plan review, permitting, and inspections for the tank piping and
other services such as electrical, backfill, and tank support. Fees are
applied to offset costs for staff time related to plan review and inspection;
Both the City and PFA strongly oppose this bill as it limits local control
for an issue that has and will have direct and significant impact on our
community in the instance of a leak or other emergency occurs. It is
important to note that the Uniform Fire Code has not been published
since 2000 and the fire code adopted by most jurisdictions in Colorado is
the International Fire Code.
Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com
(27-Jan-17) The comments submitted in this action align with City of
Fort Collins Legislative Policy, specifically in relation to policy
statements for Development Review and Inspection and Planning and
Land Use. Development Review and Inspection Fort Collins City Council
adopts a land use code, zoning and new and existing property inspection
protocol. The City supports retention of home-rule control in aligning
development review and inspections with local priorities. In recent
sessions, state legislators have introduced measures aimed at having local
inspectors provide inspection for building types outside existing
responsibilities without additional resources provided to conduct this
work. Therefore, the City supports the following policy statements: 1.
Financially compensate a jurisdiction or agency for additional work of
inspectors through fees or other means. 2. Give local governments
choices in accepting additional inspection work. 3. Allow local
governments to determine the time needed to conduct development
review and inspection timelines. Planning and Land Use Effective local
land use planning and land development regulation contributes to the
quality of life enjoyed primarily by Fort Collins residents, yet shared
regionally within Larimer County. State legislation can influence local
governments ability to develop and implement land use plans for their
communities. Therefore, the City supports the following policy
29
statements: 1. Require regional cooperation in land use and transportation
planning, and foster sustainable development, without unduly
constraining the City s home rule powers. 2. Prohibit the annexation of
land that is located within the boundaries of a Growth Management Area
that was legally established by an intergovernmental agreement between
a municipality and a county by any municipality not a party to the
agreement. 3. Limit the definition of a compensable taking and/or the
definition of vested property rights beyond the provisions of existing law.
4. Retain local government authority to impose development impact fees.
5. Increase cities ability to regulate industrial land uses like oil and gas
exploration and extraction. 6. Foster equitable public housing policies
that balance protection of tenants and landlords.
Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com
(27-Jan-17) Battalion Chief Robert Poncelow
Status History: Status History
Analyze This: Comments
SB17-021 Assistance To Released Mentally Ill Offenders
Comment:
Position: Monitor
Calendar
Notification:
Wednesday, March 15 2017
SENATE JUDICIARY COMMITTEE
1:30 PM SCR 352
(3) in senate calendar.
News:
Sponsors: B. Martinez Humenik / J. Singer
Summary: Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Illness in the Criminal and Juvenile Justice
Systems.
The bill directs the division of housing in the department of local
affairs to establish a program to provide vouchers and supportive services
to persons with a mental illness who are being released from the
department of corrections (DOC) or jails. The program is funded by
general fund appropriations and from money unspent by the division of
criminal justice (CDPS) for community corrections programs in the
previous fiscal year.
30
The bill directs the behavioral health unit in the department of
human services, in conjunction with the DOC, to implement reentry
programs to assist persons with a mental illness who are transitioning
from incarceration. If necessary, the programs may receive money from
the community corrections appropriation to CDPS.
The bill appropriates $2.7 million to the department of local
affairs.
(Note: This summary applies to this bill as introduced.)
Status: 1/11/2017 Introduced In Senate - Assigned to Judiciary
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Mon, February 13, 2017, by Beth Sowder
(bsowder@fcgov.com)
(13-Feb-17) It does not appear that we would be directly impacted by this
bill but we strongly support any additional assistance for those leaving
the jail, especially for folks dealing with mental illness. If alcohol abuse
would be covered by the definition they use, that would be especially
helpful. We believe that this is something that could positively affect
those in our community who get caught in this cycle of mental health and
incarceration. This bill is also aligned with the policy of trying to keep
the direct provision of social services funded at the county, state or
federal level.
N/A: Mon, February 13, 2017, by Beth Sowder
(bsowder@fcgov.com)
(13-Feb-17) Yes
N/A: Mon, February 13, 2017, by Beth Sowder
(bsowder@fcgov.com)
(13-Feb-17) Judge Kathleen Lane and Andrea Little
Status History: Status History
Analyze This: Comments
SB17-040 Public Access To Government Files
Comment: Official LRC Position is Oppose Unless Amended to exclude cities.
Position: Oppose
Calendar NOT ON CALENDAR
31
Notification:
News:
Sponsors: J. Kefalas / D. Pabon
Summary: Section 2 of the bill modifies the 'Colorado Open Records Act'
(CORA) by creating new procedures governing the inspection of public
records that are stored as structured data.
Section 1 defines key terms including 'structured data', which the
bill defines as digital data that is stored in a fixed field within a record or
file that is capable of being automatically read, processed, or manipulated
by a computer.
If public records are stored as structured data, section 2 requires
the custodian of the public records to provide an accurate copy of the
public records in a structured data format when requested. If public
records are not stored as structured data but are stored in an electronic or
digital form and are searchable in their native format, the custodian is
required to provide a copy of the public records in a format that is
searchable when requested.
Section 2 specifies the circumstances that exempt the custodian
from having to produce records in a searchable or structured data format.
If a custodian is not able to comply with a request to produce
public records in a requested format, the custodian is required to produce
the records in an alternate format and to provide a written declaration
attesting to the reasons the custodian is not able to produce the records in
the requested format. If a court subsequently rules the custodian should
have provided the data in the requested format but that the custodian
reasonably believed, based upon the reasons stated in the written
declaration, that the data could not be produced in the requested format,
attorney fees may be awarded only if the custodian's action was arbitrary
or capricious.
Nothing in the bill requires a custodian to produce records in their
native format.
Section 3 expands the grounds permitting the filing of a civil
action seeking inspection of a public record to include an allegation of a
violation of the digital format provisions in the bill or a violation of
record transmission provisions specified in CORA. This section also
specifies that altering an existing record, or excising fields of
information, to remove information that the custodian is required or
allowed to withhold does not constitute the creation of a new public
32
record. Such alteration or excision may be subject to a research and
retrieval fee or a fee for the programming of data as allowed under
existing provisions of CORA.
Section 4 modifies CORA provisions governing the copy,
printout, or photograph of a public record and the imposition of a
research and retrieval fee. Among these modifications:
• The bill deletes existing statutory language permitting the
custodian to charge the same fee for services rendered in
supervising the copying, printing out, or photographing of a
public record as the custodian may charge for furnishing a copy,
printout, or photograph;
• The bill replaces a reference in the statute to the phrase
'manipulation of data' with the phrase 'programming, coding, or
custom search queries so as to convert a record into a structured
data or searchable format';
• In connection with determining the amount of the fee for a paper
or electronic copy of a public record, the bill specifies that, if a
custodian performs programming, coding, or custom search
queries to create a public record, the fee for a paper or electronic
copy of that record may be based on recovery of the actual or
incremental costs of performing the programming, coding, or
custom search queries, together with a reasonable portion of the
costs associated with building and maintaining the information
systems; and
• When a person makes a request to inspect or make copies or
images of original public records, the bill permits the custodian to
charge a fee for the time required for the custodian to supervise
the handling of the records, when such supervision is necessary to
protect the integrity or security of the original records.
Section 5 repeals the existing criminal misdemeanor offense and penalty
for a willful and knowing violation of CORA.
(Note: This summary applies to this bill as introduced.)
Status: 1/11/2017 Introduced In Senate - Assigned to State, Veterans, & Military
Affairs
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com
(15-Feb-17) There are many concerns that this bill raises. The way the
bill is written, some of the following challenges could be difficult for
agencies to manage: " It appears very possible that data requests for
33
formats that the technical staff is not familiar with could be submitted and
the agency could be required to respond, requiring training, etc. " There
are a very large number of possibilities of data formats that could be
requested, which agencies may or may not be able to provide, creating a
variety of challenges. " Many data sets in systems operated by agencies
are owned, maintained and sourced by external providers. Direct access
to the data or retrieval of the data within these systems may not be
reasonably possible within the limits of the contractual agreements " It is
very common for systems to be maintained by very limited staff
resources within many agencies. Often, only one person within the
organization is trained and familiar enough with the data within the
system and thus capable of extracting requested data. Numerous requests
could create significant resourcing challenges for an agency. Also,
requests submitted during a leave of a lone technical person capable of
responding would be impossible to fulfill. " Structured data is stored
across all functions of an organization and maintained by a variety of
staff, not just technical staff. Large numbers of data sets exist in format
such as Microsoft Excel and Microsoft Access and have been developed
and created by non-technical staff, such as finance analysts. Requests for
these data sets could be potentially challenging for non-technical staff to
respond, given the technical training and expertise needed to fulfil the
request appropriately. Finally, should a significant number of requests for
structured data be submitted, it is possible that there will be an increase in
the workload of technology staff in many organizations sufficient to
require the agency to increase permanent FTE to accommodate.
N/A: Wed, February 15, 2017, by dcoldiron@fcgov.com
(15-Feb-17) Dan Coldiron, CIO
Status History: Status History
Analyze This: Comments
SB17-045 Construction Defect Claim Allocation Of Defense Costs
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: A. Williams | K. Grantham / C. Wist | C. Duran
Summary: In a construction defect action in which more than one insurer has
34
a duty to defend a party, the bill requires the court to apportion the costs
of defense, including reasonable attorney fees, among all insurers with a
duty to defend. An initial order apportioning costs must be made within
90 days after an insurer files its claim for contribution, and the court must
make a final apportionment of costs after entry of a final judgment
resolving all of the underlying claims against the insured. An insurer
seeking contribution may also make a claim against an insured or
additional insured who chose not to procure liability insurance for a
period of time relevant to the underlying action. A claim for contribution
may be assigned and does not affect any insurer's duty to defend.
(Note: This summary applies to this bill as introduced.)
Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Refer
Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Tue, January 24, 2017, by Tleeson@fcgov.com
(24-Jan-17) SB17-045 primarily benefits builders by providing an answer
early on in litigation regarding which insurers are on the hook for the
costs of defense. The determination of liability for the costs of defense
early on is meant to incentivize builders who might otherwise balk at
taking on certain projects because of the uncertainty regarding whether
the costs of defense will be covered, or whether a builder may need to
fund their defense and fight with insurance after the fact over payment.
N/A: Tue, January 24, 2017, by Tleeson@fcgov.com
(24-Jan-17) The City Council desires to encourage affordable residential
condominium construction in Fort Collins through the efficient and fair
resolution of construction defect claims, without compromising the rights
and remedies condominium homeowners associations and individual
condominium owners have under state law.
N/A: Tue, January 24, 2017, by Tleeson@fcgov.com
(24-Jan-17) Tom Leeson
Status History: Status History
Analyze This: Comments
SB17-063 Marijuana Club License
Comment:
Position: Oppose
35
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: V. Marble / J. Melton
Summary: The bill creates a marijuana consumption club (club) license. The
license is subject to the same licensing requirements as other retail
marijuana licenses. The license may be issued to a person who operates
an establishment where retail or medical marijuana may be sold and
consumed. The club's sales are limited to the same limits as a retail
marijuana store or a medical marijuana center. The club may not serve
food prepared on site or alcohol. Entry to the club is restricted to those
persons at least 21 years of age. A club shall purchase its marijuana,
marijuana concentrate, or marijuana products from a licensed marijuana
business or get a cultivation license and sell its own marijuana. A club
may not permit outside marijuana, marijuana concentrate, or marijuana
products. All marijuana, marijuana concentrate, or marijuana products
must be consumed or disposed of on site. A club and its employees shall
successfully complete a responsible vendor program annually. A club has
the same immunity to a lawsuit for an injury caused by a club patron that
a bar enjoys.
The bill allows a local government to permit clubs in its
jurisdiction. If a local government permits clubs, it may require the clubs
to be licensed. In order to operate as a club, the club must comply with
the local and state licensing regulations. A club is exempt from the
'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it
is fully ventilated. Public display, consumption, or use in a club is not a
criminal offense.
(Note: This summary applies to this bill as introduced.)
Status: 2/21/2017 Senate Committee on Business, Labor, & Technology Witness
Testimony and/or Committee Discussion Only
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Monitor: Thu, January 26, 2017, by Wanda Winkelmann, City Clerk
(rknoll@fcgov.com)
(26-Jan-17) As this bill is written, the marijuana club would get an
exception to the Colorado Clean Indoor Act if it is fully vented.
Fully vent ed is not clearly defined and neighboring businesses are
likely to lodge odor complaints. The bill also lacks clarity in defining the
quantity of marijuana a club can buy (in a single transaction) for resale
from a center/store, cultivation, etc. Staff is unlikely to recommend that
36
Council allow marijuana clubs in FC.
Status History: Status History
Analyze This: Comments
SB17-082 Regulation Of Methadone Treatment Facilities
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: K. Lambert / P. Lundeen
Summary: Current law requires the department of human services to
establish standards for facilities that treat drug abusers or dispense
controlled substances to drug abusers. This authority includes standards
for methadone treatment facilities.
The bill defines methadone treatment facilities, removes
regulatory authority over methadone treatment facilities from the
department of human services, and authorizes regulatory authority of
methadone treatment facilities by the department of public health and
environment.
The bill requires additional standards for methadone treatment
facilities, including minimum distances for such facilities from schools,
colleges, residential child care facilities, and public parks, and a
disclosure of infractions by the owner of the facility, its holding
company, and any other entity under the holding company. When
infractions are disclosed, the department must determine whether the
public interest requires denial of an application or other remedial action.
The bill also specifies that a methadone treatment facility is not a
medical clinic for zoning purposes.
(Note: This summary applies to this bill as introduced.)
Status: 1/13/2017 Introduced In Senate - Assigned to Health & Human Services
Fiscal Notes Status: Fiscal note currently unavailable
37
Analyze This
Comments:
Support: Fri, January 27, 2017, by jschiager@fcgov.com
(27-Jan-17) I believe that there could be risks associated with these
clinics and regulating them and where they can be in a reasonable way
makes sense.
Yes: Fri, January 27, 2017, by jschiager@fcgov.com
(27-Jan-17) From a public safety standpoint it makes sense to regulate
these clinics.
Status History: Status History
Analyze This: Comments
SB17-117 Recognize Industrial Hemp Agricultural Product For
Agricultural Water Right
Comment:
Position: Oppose
Calendar
Notification:
Wednesday, March 15 2017
SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY
COMMITTEE
Upon Adjournment SCR 357
(1) in senate calendar.
News:
Sponsors: D. Coram / D. Valdez | M. Catlin
Summary: In Colorado, water subject to a water right may be used for the
purpose for which the water is decreed. The bill confirms that a person
with an absolute or conditional water right decreed for agricultural use
may use the water subject to the water right for the growth or cultivation
of industrial hemp if the person is registered by the department of
agriculture to grow industrial hemp for commercial or research and
development purposes.
(Note: This summary applies to this bill as introduced.)
Status: 1/27/2017 Introduced In Senate - Assigned to Agriculture, Natural
Resources, & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) While this bill doesn't have any direct impacts on City
38
operations, it may negatively impact our water rights portfolio and
decrees. The bill may set a precedent for narrowly describing the
appropriate use of water rights that the City owns and reducing any
flexibility in using those rights in the future.
No: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) While the legislative policy agenda contains statements of
support for urban agriculture, it is not specific related to the production of
hemp. Also, hemp is not likely to be an urban ag crop.
N/A: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) Carol Webb
Status History: Status History
Analyze This: Comments
SB17-134 Alcohol Beverage Licensee Penalty Application
Comment:
Position: Monitor
Calendar
Notification:
Tuesday, March 14 2017
Business Affairs and Labor
1:30 p.m. Room LSB-A
(3) in house calendar.
News:
Sponsors: J. Tate / D. Nordberg | L. Herod
Summary: The bill limits penalties for violations relating to the sale of alcohol
beverages to a visibly intoxicated or underage person that occur in a sales
room for licensees operating a beer wholesaler, winery, limited winery,
or distillery, or in a retail establishment, for licensees operating a brew
pub, vintner's restaurant, or distillery pub, by prohibiting the licensing
authority from:
• Basing any fine on the estimated gross revenues of any
manufacturing or wholesale activities of the licensee; and
• Extending any suspension to the manufacturing or wholesale
activities of the licensee.
(Note: This summary applies to this bill as introduced.)
Status: 2/23/2017 Introduced In House - Assigned to Business Affairs and Labor
39
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com
(09-Feb-17) We do not perceive any issues related to this bill on City
Operations.
Status History: Status History
Analyze This: Comments
SB17-143 Cleanup Alcohol Beverage Retail Sales
Comment:
Position: Monitor
Calendar
Notification:
Thursday, March 2 2017
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
News: Supermarket booze talks in legislature opens big-box stores to attacks
Sponsors: A. Williams / A. Garnett | D. Nordberg
Summary: In the 2016 legislative session, the general assembly enacted Senate Bill
16-197, which changed the system for licensing establishments that are
authorized to sell alcohol beverages in sealed containers to customers for
consumption off the licensed premises, referred to as the 'retail sale' or
'sale at retail' of alcohol beverages. Some of the changes made by the
2016 legislation include:
• Authorizing persons licensed to sell at retail on or before January
1, 2016, to obtain multiple retail licenses, subject to a tiered
schedule, to restrictions based on proximity to another retail
licensed premises, and to other requirements and limitations;
• Allowing retail liquor stores to sell a broad array of nonalcohol
products, subject to a 20% limit on gross sales revenue from the
sale of nonalcohol products;
• Requiring retail licensees to check the identification of consumers
purchasing alcohol beverages to verify that they are at least 21
years of age;
• Prohibiting employees of certain alcohol beverage licensees who
are under 21 years of age from selling malt, vinous, or spirituous
liquors; and
• Changing the hours during which fermented malt beverages may
be sold from between 5 a.m. and 12 midnight to between 8 a.m.
and 12 midnight.
40
The bill modifies portions of the 2016 legislation as follows:
• Modifies the definition of a liquor-licensed drugstore to specify
that the licensee need not be a drugstore but must have a licensed
drugstore within its premises ( section 1 );
• Excludes revenues from the sale of cigarettes, tobacco products,
nicotine products, and lottery products from the calculation of the
cap on a retail liquor store's gross revenues from the sale of
nonalcohol products ( sections 1 and 3 );
• Imposes the proximity restrictions on a retail liquor store that is
seeking permission to relocate its premises to ensure the new
location is not within 1,500 feet of another business licensed to
sell at retail, or, if in a small town, within 3,000 feet of another
business with a retail sales license ( section 2 );
• Allows a liquor-licensed drugstore that applied for a new liquor-
licensed drugstore license before October 1, 2016, to obtain
multiple retail licenses, subject to the schedule established in the
2016 legislation ( section 4 );
• Allows a corporation member of a controlled group of
corporations that owns or has an interest in a liquor-licensed
drugstore to obtain interests in additional liquor-licensed
drugstores in the same manner as any other member of the
controlled group, but the entire group is subject to the limits on
the total number of multiple licenses allowed under current law; (
section 4 )
• Restores the hours for permitted sales of fermented malt
beverages to between 5 a.m. and 12 midnight ( section 5 );
• Clarifies that employees of a licensed tavern or lodging and
entertainment facility that regularly serves meals, which
employees are under 21 years of age, are not prohibited from
selling alcohol beverages ( section 5 );
• Repeals the requirement that retail sales licensees check
customers' identification to verify their age ( sections 4 and 5 );
and
• Exempts liquor-licensed drugstores from the prohibition against
having an automated teller machine on the premises from which
individuals enrolled in public assistance programs administered
by the department of human services may obtain cash benefits
through the electronic benefits transfer service ( section 6 ).
(Note: This summary applies to this bill as introduced.)
Status: 2/28/2017 Senate Third Reading Laid Over Daily - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Analyze This Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com
41
Comments: (09-Feb-17) There are no perceived impacts on City Operations.
Status History: Status History
Analyze This: Comments
SB17-155 Statutory Definition Of Construction Defect
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: J. Tate / L. Saine
Summary: The bill separately defines and clarifies the term 'construction defect' in
the 'Construction Defect Action Reform Act'.
(Note: This summary applies to this bill as introduced.)
Status: 2/3/2017 Introduced In Senate - Assigned to Business, Labor, &
Technology
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Hard to understand the intent of this change as the new
definition of construction defect is similar to the existing language. Does
not appear to be a significant change.
N/A: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Tom Leeson
Status History: Status History
Analyze This: Comments
SB17-156 Homeowners' Association Construction Defect Lawsuit
Approval Timelines
Comment:
Position: Support
42
Calendar
Notification:
Thursday, March 2 2017
GENERAL ORDERS - SECOND READING OF BILLS
(5) in senate calendar.
News: Colorado construction defect housing effort similar to past attempts that
ended in failure
Sponsors: O. Hill / L. Saine | C. Wist
Summary: The bill states that when the governing documents of a common interest
community require mediation or arbitration of a construction defect claim
and the requirement is later amended or removed, mediation or
arbitration is still required for a construction defect claim. These
provisions are in section 3 of the bill. Section 3 also specifies that the
mediation or arbitration must take place in the judicial district in which
the community is located and that the arbitrator must:
• Be a neutral third party;
• Make certain disclosures before being selected; and
• Be selected as specified in the common interest community's
governing documents or, if not so specified, in accordance with
applicable state or federal laws governing mediation or
arbitration.
Section 1 of the bill specifies that, in the arbitration of a construction
defect action, the arbitrator is required to follow the substantive law of
Colorado with regard to any applicable claim or defense and any remedy
granted, and a failure to do so is grounds for a district court to vacate or
refuse to confirm the arbitrator's award.
Section 4 of the bill requires that, before a construction defect
claim is filed on behalf of the association:
• The parties must submit the matter to mediation before a neutral
third party; and
• The board must give advance notice to all unit owners, together
with a disclosure of the projected costs, duration, and financial
impact of the construction defect claim, and must obtain the
written consent of the owners of units to which at least a majority
of the votes in the association are allocated.
Section 5 of the bill adds to the disclosures required prior to the purchase
and sale of property in a common interest community a notice that the
community's governing documents may require binding arbitration of
certain disputes.
43
(Note: This summary applies to this bill as introduced.)
Status: 2/27/2017 Senate Committee on Business, Labor, & Technology Refer
Amended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Support: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) The bill states that when the governing documents of a
common interest community require mediation or arbitration of a
construction defect claim and the requirement is later amended or
removed, mediation or arbitration is still required for a construction
defect claim. This is an improvement to the current law as it does not
allow the dispute resolution process to be removed by a common interest
community board that was put in place when the common interest
community was created. This is most likely preferred by the building
community and may help to alleviate some of the concerns with building
these types of units, which is consistent with City policy.
N/A: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Tom Leeson
Status History: Status History
Analyze This: Comments
SB17-179 Fee Limits For Solar Energy Device Installations
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: B. Gardner | A. Kerr / L. Sias | L. Herod
Summary: The bill extends the repeal date of existing laws that limit the amount of
permit, plan review, or other fees that counties, municipalities, or the
state may charge for installing solar energy devices or systems.
The bill also clarifies that the statutory limitations on the amount
of fees applies to any related or associated fees, not just to permit or plan
review fees.
44
(Note: This summary applies to the reengrossed version of this bill as
introduced in the second house.)
Status: 3/1/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) The bill does not clearly define "related or associated fees."
Utilities may need to recover the costs of solar interconnection studies or
hardware upgrades to accommodate larger solar systems. Position is:
Oppose unless amended to clarify scope of subject fees, then monitor
based on definition.
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) Aligns with Energy Policy and Climate Action Plan
framework. City operations may be significantly impacted (see above).
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) Tim McCollough or John Phelan
Status History: Status History
Analyze This: Comments
SB17-184 Private Marijuana Clubs Open And Public Use
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: B. Gardner / D. Pabon
Summary: The bill authorizes the operation of a private marijuana club (club) only if
the local jurisdiction has authorized clubs. A club must meet the
following qualifications:
• All members and employees of the club must be 21 years of age
or older;
• A club owner must be a resident of Colorado for at least 2 years
prior to owning the club;
• The club's employees must be Colorado residents;
• The club cannot sell or serve alcohol or food;
45
• A club owner shall not sell marijuana on the premises; and
• A club owner shall not permit the sale or exchange of marijuana
for remuneration on the premises.
The bill prohibits the open and public consumption of marijuana and
defines the terms 'open and public', 'openly', and 'publicly'.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2017 Introduced In Senate - Assigned to Business, Labor, &
Technology
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Monitor: Mon, February 27, 2017, by wwinkelmann@fcgov.com
(27-Feb-17) Staff is unclear how this bill comports with the Colorado
Clean Indoor Air Act.
Status History: Status History
Analyze This: Comments
SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: V. Marble
Summary: The bill repeals the income tax credits for innovative motor vehicles and
innovative trucks for purchase and leases entered into on or after January
1, 2018.
For the 2017-18 state fiscal year and each fiscal year thereafter
through the 2020-21 state fiscal year, the bill requires the state controller
to credit an amount of tax revenue estimated to be retained by the repeal
of the income tax credits to the highway users tax fund.
The bill requires the secretary of state to submit a ballot question,
to be treated as a proposition, at the statewide election to be held in
46
November 2017 asking the voters:
• To increase state tax revenue by a specified amount in each fiscal
year through the 2020-21 state fiscal year by the repeal of the
income tax credit for innovative motor vehicles and the income
tax credit for innovative trucks;
• To credit the resulting estimated tax revenue to the highway users
tax fund; and
• To allow an estimate of the resulting tax revenue to be collected
and spent notwithstanding any limitations in section 20 of article
X of the state constitution (TABOR).
(Note: This summary applies to this bill as introduced.)
Status: 2/28/2017 Senate Committee on Finance Refer Amended to
Appropriations
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(01-Mar-17) Impact on City Operations The City of Fort Collins
purchases and operates EV fleet vehicles, and while as a government
entity it does not pay taxes, the city does typically receive discounts from
EV car dealers that reflect the value of tax credits associated with the
innovative vehicles outlined in the bill. However, the exact impact on the
City s budget, as dealers do not often take advantage of state tax credits,
would likely be negligible.
Monitor/Oppose: Wed, March 01, 2017, by Ginny Sawyer
(gsawyer@fcgov.com)
(01-Mar-17) Alignment with City Legislative Policy The Legislative
Policy Agenda calls for the City to reduce vehicle emissions
by&.Encouraging or promoting lower emissions and lower carbon fuels,
vehicles and supporting infrastructure and to Establish market-based
mechanisms to reduce (greenhouse gas) emissions. The bill would
eliminate the income tax credit for innovative vehicles, including electric
and plug-in hybrids, in 2018 as opposed to the current sunset date of
2022. Electric vehicles are a strategy outlined in both the City s 2020
goals as well as the longer term climate protection goals, and widespread
adoption of these vehicles would not only reduce greenhouse gas
emissions, but also vehicle tailpipe emissions. These emissions are
among the most significant contributors to poor ozone in our
communities, and are correlated with a variety of serious respiratory
ailments, including asthma, that disproportionally impact children and the
elderly. Support for the Tax Credit Innovative Motor Vehicles aligns with
the City s LPA around climate action planning, improved air quality,
and incentives that are designed to increase the attractiveness of EV
47
vehicles to car buyers, while also providing significant air quality co-
benefits.
N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(01-Mar-17) If testimony requested, which staff should be contacted?
Either Tracy Ochsner (from an impact on the municipal organization s
perspective) or Paul Sizemore (from an impact perspective that this may
have on widespread EV adoption)
Status History: Status History
Analyze This: Comments
SB17-192 Marijuana Business Efficiency Measures
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: T. Neville / J. Singer | J. Melton
Summary: The bill allows a medical marijuana center and a retail marijuana store to
apply for an endorsement that allows the center or store to deliver
marijuana. The centers and stores with the delivery endorsement may use
an employee or contract with a medical or retail marijuana transporter to
make the deliveries. The endorsements for medical marijuana begin
January 2, 2018, and the endorsements for retail marijuana begin January
2, 2019.
The bill allows the state licensing authority to authorize single-
instance transfers of retail marijuana or retail marijuana products from a
retail marijuana licensee to a medical marijuana licensee based on a
business need due to a change in local, state, or federal law or
enforcement policy. If granted, the transfer must be completed within 6
months of the date the transfer was approved.
Under current law, the department of revenue determines the
average market rate for purposes of excise tax collection on retail
marijuana every 6 months. The bill gives the authority to calculate the
average market rate to the marijuana state licensing authority and requires
calculation on a quarterly basis. The average market rate cannot include
taxes paid on sales or transfers. The bill requires a separate average
48
market rate for unprocessed marijuana for extraction that is lower than
the average market rate for unprocessed marijuana for direct sale. The bill
states that the average market rate should be used to calculate the excise
tax on affiliated transactions, and the contract price should be used to
calculate the excise tax on unaffiliated transactions.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2017 Introduced In Senate - Assigned to Business, Labor, &
Technology
Fiscal Notes Status: No fiscal impact for this bill
Analyze This
Comments:
Oppose: Mon, February 27, 2017, by wwinkelmann@fcgov.com
(27-Feb-17) If delivery of marijuana was permitted, additional staff
resources would be needed for monitoring/inspections to ensure the
product was not diverted to underage use. Additionally, past legislation
regarding marijuana has included an "opt-in" clause that has allowed
municipalities the option of adopting the new legislation. This bill is a
mandate for those municipalities who have marijuana businesses.
Status History: Status History
Analyze This: Comments
Updated: February 28, 2017
Bill # Short Title
Staff
Rec'd
Position
City
Adopted
Position
CC4CA
Position
Date
Intro'd
1st
Committee 2nd Com.
2nd
Reading
3rd
Reading
1st
Committee 2nd Com
2nd
Reading
3rd
Reading
First
House
Repass
Conf.
Cmte Governor
HB 1008 Graywater Regulation Exemption For Scientific Research Support* Monitor 1/11 Ag 3/13
HB 1016 Exclude Value Mineral Resources Tax Increment Financing DivisioMnonitor Monitor 1/11 LG 1/18 F 2/1 2/6 2/7 LG 2/21 2/24 2/27
HB 1032 First Responder Peer Support Testimony Privilege Support Support 1/11 Jud 1/26 1/31 2/2 Jud 2/27
HB 1035 Sex Assault and Stalking Victims may Break Lease Monitor Support 1/11 Jud 2/7 2/13 2/15
HB 1051 Procurement Code Modernization Monitor Monitor 1/11 BL 2/28
HB 1065 Clarify Requirements Formation Metropolitan District Monitor Monitor 1/11 LG 2/1 2/6 2/7 LG 3/7
HB 1076 Artificial Recharge Nontributary Aquifer Rules Support Support 1/17 Ag 1/30 2/3 2/6 Ag 3/9
HB 1083 Municipal Judge Advisement for Traffic Offenses Support Support 1/18 Jud 2/21 2/24 2/27
HB 1102 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support Support 1/19 Trans 2/8 2/16 2/21
HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16
HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor Monitor 1/24 LG 2/8 2/13 2/15
HB 1124 Local Government Liable Fracking Ban Oil And Gas Moratorium * Oppose 1/26 SA 2/22
HB 1134 Hold Colorado Govt Accountable Sanctuary Jurisdiction * Oppose SA 2/22
HB 1151 Electrical Assisted Bicycles Regulation Operation Monitor 2/6 Trans 2/15 2/22 2/23
HB 1153 Highway Congestion Mitigation Support Monitor 2/6
HB 1162 Outstanding Judgments And Driver's Licenses Oppose Oppose 2/6 Jud 3/16
HB 1169 Construction Defect Litigation Builder's Right To Repair Support* Support 2/6 SA 3/1
HB 1171 Authorize New Transportation Revenue Anticipation Notes Support Monitor 2/6 SA 3/29
HB 1177 Mediation For Disputes Arising Under CORA Colorado Open Records * Act Oppose 2/6 SA 3/16
HB 1203 Local Government Special Sales Tax On Retail Marijuana
SB 014 Limits On Underground Storage Tank Regulation Oppose* Monitor 1/11 Trans 1/31 2/3 2/6 Trans 3/2
SB 021 Assistance To Released Mentally Ill Offenders Support Monitor 1/11
SB 040 Public Access To Government Files Monitor*
Oppose
unless
Amended 1/11 SA 3/1
SB 045 Construction Defect Claim Allocation Of Defense Costs Support Support 1/11 BL 2/8
SB 063 Marijuana Club License Monitor Oppose 1/13 BL 3/1
SB 082 Regulation Of Methadone Treatment Facilities Support 1/13
SB 117 Recognize Industrial Hemp Agricultural Product For Agricultural Water OppoRsigeh*t Oppose 1/27
SB 134 Alcohol Beverage Licensee Penalty Application Monitor Monitor 1/31 BL 2/14 2/17 2/21 BL 3/14
Bill # Short Title
Staff
Rec'd
Position
City
Position
Date
Intro'd
1st
Committee
2nd
Committe
e
2nd
Reading
3rd
Reading
1st
Committee
2nd
Committ
ee
2nd
Reading
3rd
Reading
First
House
Repass
Conf.
Cmte Governor
SB 143 Cleanup Alcohol Beverage Retail Sales Monitor Monitor 1/31 BL 2/13 2/27
SB 155 Statutory Definition Of Construction Defect Support Support 2/3
SB 156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Support Support 2/1 BL 2/27
SB 179 Fee Limits For Solar Energy Device Installations 2/14 F 2/23 2/28
SB 184 Private Marijuana Clubs Open And Public Use 2/14 BL 3/1
SB 188 Repeal Income Tax Credit Innovative Motor Vehicles 2/14 F 2/28
SB 192 Marijuana Business Efficiency Measures 2/14 BL 3/1
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
* Further comments available 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)
Lobbyist Key
LTD - Likely to Die
SB 141 Low-risk Sex Offender Community-based Treatment Oppose Oppose 1/31 Jud 2/22
City of Fort Collins Legislative Tracking
General Assembly Session 2017
First House Second House
to records produced from a