HomeMy WebLinkAboutAgenda - Mail Packet - 2/20/2018 - Council Legislative Review Committee Agenda -Meeting Canceled February 19, 2018City Manager’s Office
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Legislative Review Committee Agenda – Meeting Cancelled
February 19, 2018
Due to the President’s Day holiday, LRC will not meet on February 19th
.
This cancelled meeting agenda is intended to provide an updated dossier and bill tracker which
are attached and current as of 2/14.
Staff will be present to provide testimony against the Red Light Camera bill and Right to Rest
Act on 2/14 and 2/21, respectively.
Updated: February 14, 2018
Bill # Short Title
LRC Notes: Recommended Actions/Changes or
Rationale
City Adopted
Position
CML
Position
CC4CA
Position
Next Action
Date/Committee
Postponed
Indefinitely/Signed
Support Bills
HB 1107 Prewire Residence For Electric Vehicle Charging Port LRC discussion needed Support Support Senate Committee
HB 1190 Modify Job Creation Main Street Revitalization Act LRC discussion needed Support Support F 2/21
SB 143 Parks And Wildlife Measures To Increase Revenue LRC discussion needed Support Ap
HB 1071 Regulate Oil Gas Operations Protect Public Safety Beneficial to have the state define criteria Support Senate Committee
SB 066 Extend Operation Of State Lottery Division Fort Collins has benefited greatly from GoCO Support Support Ap 2/14
Oppose Bills
HB 1119 Highway Building & Maintenance Funding LRC discussion needed Oppose Trans 2/21
SB 139 Statewide Regulation Of Products With Nicotine LRC discussion needed Oppose Oppose BLT 2/21
HB 1089 No Monetary Conditions Of Bond For Misdemeanors Removes key tool for problem offenders Oppose Oppose J 2/22
HB 1067 Right to Rest Act Oppose Oppose LG 2/21
HB 1072 Red Light Camera Repeal Oppose Oppose Trans 2/14
SB 006 Recording Fee to Fund Attainable Housing Transparency, "back door" funding concerns Oppose Support SA 2/5 PI 2/5
SB 045 Repeal Architectural Paint Stewardship Act Program saves the City $82k annually Oppose Oppose SR
Monitor Bills
HB 1073 Water District Ability Contract Water Assets LRC discussion needed Monitor Senate Committee
HB 1127 Residential Landlord Rental Application LRC discussion needed Monitor SR 2/16
HB 1022 Department of Revenue Issue Sales Tax Request For Information Monitor Support House Committee
HB 1076
Untruthful Statement Monitor J 2/20
HB 1080 Climate Leadership Awards Program Monitor Trans 2/7 PI 2/7
SB 001 Transportation Infrastructure Funding Monitor F
SB 003 Colorado Energy Office Monitor Monitor Ap 2/14
SB 007 Affordable Housing Tax Credit Monitor Support Ap 2/14
SB 009 Allow Electric Utility Customers to Install Energy Storage Equipment Monitor Support House Committee
SB 019
Expanded Duration For Colorado Water Resources And Power
Development Authority Revolving Loans Monitor Support SR 2/15
SB 041 Authorize Water Use Incidental Sand And Gravel Mines Monitor SR 2/15
SB 047 Repeal Tax Credits Innovative Vehicles Monitor Oppose Ap
SB 148 Medical Benefits After State Employee Work-related Death sent for comment on 2/12 House Committee
City of Fort Collins Legislative Tracking
General Assembly Session 2018
Bill # Short Title LRC: Recommended Actions/Changes
City Adopted
Position CML Position
Next Action
Date/Committee Status
City Adopted Positions Bill Action Summary
Monitor (yellow)
Support (green)
Oppose (red) Bill passed, date of action (green)
Amend (blue) Bill postponed indefinitely or lost, date of action (red)
Staff recommended position, not yet discussed by LRC (no fill) Committee Abbreviations
Ag = agriculture and natural resources committee
Ap = appropriations committeJud = judiciary committee
BLT = Business, labor and econ LG = local government committee
Ed = education committee SA = state, veterans and military affairs committee
CC = conference committee Trans = transportation and energy committee
F = finance committee UA = upon adjournment
HE = health care and environm UR = upon recess
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HB18-1022 DOR Department Of Revenue Issue Sales Tax Request For Information
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: L. Sias | T. Kraft-Tharp / C. Jahn | T. Neville
Summary: Sales and Use Tax Simplification Task Force. The bill requires the department of revenue to issue a request for
information for an electronic sales and use tax simplification system that the state or any local government that levies
a sales or use tax, including a home rule municipality and county, could choose to use that would provide
administrative simplification to the state and local sales and use tax system.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 2/12/2018 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com
(19-Jan-18) No opinion
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com
(19-Jan-18) No opinion
Q3: Lobbyist Comment:
N/A: Wed, January 17, 2018, by jennifer.cassell@gmail.com
(17-Jan-18) This is the bill that came out of the Sales and Use Tax Simplification Task Force that met this interim.
The bill essentially directs DOR to issue an RFI for which DOR already has authority. CML believes that creating
any new system would be very expensive, and thus not likely to happen.
Q3: Lobbyist Comment:
No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com
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(19-Jan-18) No opinion
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com
(19-Jan-18) The bill does not have any opposition and is likely to pass.
Status History: Status History
Analyze This: Comments
HB18-1067 Right To Rest Act
Comment:
Position: Oppose
Calendar
Notification:
Wednesday, February 21 2018
Supreme Court Chamber Local Government
1:30 p.m. Room Old
(1) in house calendar.
News:
Sponsors: J. Melton | J. Salazar
Summary: The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing
homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces,
to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have
a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services
for persons experiencing homelessness to provide shelter or services when none are available.
(Note: This summary applies to this bill as introduced.)
Status: 1/10/2018 Introduced In House - Assigned to Local Government
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Oppose: Mon, January 22, 2018, by gyeager@fcgov.com
(22-Jan-18) This law would completely remove our ability to control behavior on public property. There is no official
identification of homeless people, so anyone would be able to camp on public land. Downtown parks would become
camping areas for homeless/ transient and traveling people. This further impacts our ability to be responsive to our
business community’s concerns about disruptive behaviors on the sidewalks in front of businesses. There is no
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“survival” reason that any person needs to rest on the sidewalk in the business district. There are serious sanitary
issues involved when people camp in areas that are not equipped to this type of activity. There is a growing
population of criminal transients who victimize the citizens of our community. Several homicides last year were
committed by homeless/ transient individuals. This bill would make the State of Colorado even more attractive to
these criminal elements. Allowing sleeping in cars in residential areas may increase calls for service, decrease
perceptions of safety, and create sanitary issues where trash and human waste are concerned. There are numerous
other public and private locations/camping facilities designated for such activity.
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com
(19-Jan-18) This bill has been attempted for multiple years and usually does not pass out of its first committee. CML,
municipalities, counties, and others will oppose the bill.
Status History: Status History
Analyze This: Comments
HB18-1071 Regulate Oil Gas Operations Protect Public Safety
Comment:
Position: Support
Calendar
Notification:
NOT ON CALENDAR
News: Controversial oil and gas proposal clears House, will sail into rough Senate waters
Tensions flare over renewed effort to regulate oil and gas
Oil & Gas Safety Bill Advances
Sponsors: J. Salazar / D. Moreno
Summary: Current law declares that it is in the public interest to '[f]oster the responsible, balanced development, production, and
utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of
public health, safety, and welfare, including protection of the environment and wildlife resources'. The Colorado
court of appeals, in Martinez v. Colo. Oil & Gas Conservation Comm'n , 2017 COA 37, has construed this language
to mean that oil and gas development is not balanced with the protection of public health, safety, and welfare,
including protection of the environment and wildlife resources. Rather, that development must occur in a manner
consistent with such protection.
The bill codifies the result reached in Martinez .
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Status: 2/12/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Support: Wed, January 31, 2018, by reverette@fcgov.com
(31-Jan-18) The mission of the Colorado Oil and Gas Conservation Commission (COGCC) is to foster the
responsible development of Colorado’s oil and gas natural resources. While there is very little development within
the City of Fort Collins and the Growth Management Area, it has been demonstrated that transported emissions from
oil and gas operations outside of City limits contribute to local ozone formation. While this bill does not appear to
give the City any more authority over oil and gas siting or operations, the City supports the interpretation that
development should occur in a manner consistent with protection of public health, safety and welfare; rather than
balancing these protections with development interests. This bill is not expected to have an impact on existing
operations within City limits, though it could influence new permits or operations in the future.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Support: Wed, January 31, 2018, by reverette@fcgov.com
(31-Jan-18) The City Legislative Policy Agenda, under Air Quality – Environmental Health, states that the City
supports programs and policies that improve public health and air quality, and support rapid attainment of National
Ambient Air Quality Standards (NAAQS). Currently, the City does not meet NAAQS for ozone, in part because of
regional contributions of emissions from oil and gas sources. Clarity that development must occur in a manner
consistent with protection of public health may increase considerations of emissions and other environmental impacts
from regional exploration and development activities, in line with the City of Fort Collins’ priorities. In addition, the
vision and policies in City Plan support the protection of air and water quality as well as responsible stewardship of
open lands, wildlife habitat and other natural resources. The 2016 Strategic Plan further specifies that the City should
promote, protect and enhance a healthy and sustainable environment, which includes a focus on improving outdoor
air quality, protecting water supply, decreasing reliance on fossil fuels, and protecting ecological features.
Status History: Status History
Analyze This: Comments
HB18-1072 Red Light Camera Repeal
Comment:
Position: Oppose
Calendar
Notification:
Wednesday, February 14 2018
House Transportation & Energy
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1:30 p.m. Room 0112
(1) in house calendar.
News:
Sponsors: S. Humphrey / T. Neville
Summary: The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle
identification systems (including red light cameras) to identify violators of traffic regulations and issue citations
based on photographic evidence and creates a prohibition on such activity.
The bill repeals the authorization for the department of public safety to use an automated vehicle
identification system to detect speeding violations within a highway maintenance, repair, or construction zone.
(Note: This summary applies to this bill as introduced.)
Status: 1/10/2018 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Oppose: Mon, January 22, 2018, by gyeager@fcgov.com
(22-Jan-18) • Automated Vehicle Identification Systems (AVIS) continue to serve a useful, unique purpose within the
City of Fort Collins as a tool to mitigate speeding and other dangerous driving behavior. • AVIS is used as a
personnel multiplier in order to patrol and monitor speeds in lower priority complaint areas where the use of a full-
time patrol officer is inefficient or ineffective. Without AVIS, many neighborhood complaint areas would be
unpatrolled or covered sporadically at best. • AVIS (speed enforcement) also allows for effective enforcement in
areas that see a high volume of violations within a short period of time and is the best tool for addressing some of
these issues, (i.e. morning, lunch, and evening rush hours near a school). • AVIS (red light) systems provide a
capability for enforcement of high mechanism crashes ("T-bone" crashes resulting from left turn on red or proceeding
thru a red) in critical intersections that are difficult to enforce with officers for safety and logistical reasons. • AVIS
systems allow for a lower level of penalty than would be issued by a patrol officer and serve as a more gentle
reminder to change driving behaviors.
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com
(19-Jan-18) This bill is not likely to pass the legislature, if it does, the Governor would likely veto the bill. The bill is
going to House Transportation Committee and Rep Ginal has committed to vote 'no' on the bill.
Status History: Status History
Analyze This: Comments
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HB18-1073 Water District Ability Contract Water Assets
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: M. Gray / B. Gardner
Summary: The bill authorizes water districts, including water activity enterprises, to enter into contracts for water and the
capacity in works and allows the contracts to be based on municipalities' authority to contract for water and sewer
facilities. It also specifies that water conservancy districts' contracts can be for municipal and industrial use by the
recipient of the water.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 2/13/2018 House Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com
(13-Feb-18) This bill clarifies Northern Water's authority to contract for use of capacity in various works (reservoirs,
pipelines, etc.) as opposed to contracting for the the use of the water itself. This clarification aligns with past practice
as Northern has contracted for use of such projects, including with the City (e.g. the Pleasant Valley Pipeline).
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com
(13-Feb-18) I believe this supports the Legislative Policy as such projects may allow the City to effectively utilize it's
water rights.
Q3: Lobbyist Comment:
N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com
(11-Feb-18) This bill is coming from Northern Water as a technical bonding cleanup that affects the Windy Gap
Firming project.
Status History: Status History
Analyze This: Comments
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HB18-1076 Peace Officers Standards and Training Board Revoke Certification For Untruthful Statement
Comment:
Position:
Calendar
Notification:
Tuesday, February 20 2018
Judiciary
1:30 p.m. Room 0112
(3) in house calendar.
News:
Sponsors: J. Salazar
Summary: The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to
revoke the certification of a peace officer if:
* The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace
Capital letters or bold & italic numbers indicate new material to be added to existing statute. officer that the peace
officer made an untruthful statement or omitted a material fact on an official law enforcement document or while
testifying at an official judicial proceeding or during an internal affairs investigation; and
* Either the law enforcement agency or a panel of the P.O.S.T. board reached a determination on the matter after
completing an administrative process. Be it enacted by the General Assembly of the State of Colorado:1 SECTION
1. In Colorado Revised Statutes, 24-31-305, add (2.5)2 as follows:3 24-31-305. Certification - issuance - renewal -
revocation -4 report. (2.5) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)5 OF THIS
SECTION, THE P.O.S.T. BOARD SHALL REVOKE A CERTIFICATION6 ISSUED TO A PERSON PURSUANT
TO SUBSECTION (1) OR (1.3) OF THIS7 SECTION OR SECTION 24-31-308 IF:8 (I) THE P.O.S.T. BOARD
RECEIVES NOTIFICATION FROM A LAW9 ENFORCEMENT AGENCY THAT EMPLOYS OR EMPLOYED
THE PERSON THAT10 THE PERSON MADE AN UNTRUTHFUL STATEMENT OR OMITTED A
MATERIAL11 FACT ON AN OFFICIAL LAW ENFORCEMENT DOCUMENT OR WHILE12 TESTIFYING AT
AN OFFICIAL JUDICIAL PROCEEDING OR DURING AN13 INTERNAL AFFAIRS INVESTIGATION; AND14
(II) EITHER THE LAW ENFORCEMENT AGENCY OR A PANEL OF THE15 P.O.S.T. BOARD DETERMINED
THAT THE PERSON MADE SUCH A16 STATEMENT OR OMISSION AFTER COMPLETING AN
ADMINISTRATIVE17 PROCESS THAT IS DEFINED BY A POLICY OF THE LAW ENFORCEMENT18
AGENCY OR P.O.S.T. BOARD.19 (b) FOR THE PURPOSES OF SUBSECTION (2.5)(a) OF THIS SECTION,20
THE ATTORNEY GENERAL, AS MAY BE REQUIRED, MAY APPOINT A21 THREE-MEMBER PANEL
FROM AMONG THE MEMBERS OF THE P.O.S.T.22 BOARD TO MAKE THE DETERMINATION REQUIRED
BY SUBSECTION1 (2.5)(a)(II) OF THIS SECTION.2 (c) A PERSON WHOSE P.O.S.T. CERTIFICATION IS
REVOKED3 PURSUANT TO THIS SUBSECTION (2.5) MAY APPEAL THE REVOCATION IN4
ACCORDANCE WITH RULES OF THE P.O.S.T. BOARD CONCERNING APPEALS5 OF BOARD RULINGS.6
SECTION 2. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the
expiration of the8 ninety-day period after final adjournment of the general assembly (August9 8, 2018, if
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adjournment sine die is on May 9, 2018); except that, if a10 referendum petition is filed pursuant to section 1 (3) of
article V of the11 state constitution against this act or an item, section, or part of this act12 within such period, then
the act, item, section, or part will not take effect13 unless approved by the people at the general election to be held
in14 November 2018 and, in such case, will take effect on the date of the15 official declaration of the vote thereon by
the governor.16
Status: 1/17/2018 Introduced In House - Assigned to Judiciary
Fiscal Notes Status: Fiscal note currently unavailable
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Support: Mon, February 05, 2018, by gyeager@fcgov.com
(05-Feb-18) Fort Collins Police Services supports this measure. The Agency already treats untruthfulness in
connection with official duties as a termination offense.
Status History: Status History
Analyze This: Comments
HB18-1089 No Monetary Conditions Of Bond For Misdemeanors
Comment:
Position: Oppose
Calendar
Notification:
Thursday, February 22 2018
Judiciary
1:30 p.m. Room 0112
(4) in house calendar.
News:
Sponsors: A. Benavidez
Summary: The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any
misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged
from custody. A defendant who is charged with an offense other than a felony may not be released from custody
under his or her own recognizance until he or she signs and files with the clerk of the court or other designated
person a written release agreement that includes certain promises.
Current law requires any pretrial services program to be established pursuant to a plan formulated by a
community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill
makes this requirement merely permissible.
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The bill states that if a person is in custody and the court imposed a monetary condition of bond for release,
and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she
is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a
hearing to reconsider the monetary condition of the bond.
(Note: This summary applies to this bill as introduced.)
Status: 1/18/2018 Introduced In House - Assigned to Judiciary
Fiscal Notes Status: Fiscal note currently unavailable
Analyze This
Comments:
Status History: Status History
Analyze This:
HB18-1107 Prewire Residence For Electric Vehicle Charging Port
Comment:
Position:
Calendar
Notification:
Wednesday, February 14 2018
THIRD READING OF BILLS - FINAL PASSAGE
(8) in house calendar.
News:
Sponsors: M. Weissman / K. Priola
Summary: Under existing law, builders must offer a 'solar prewire' option to purchasers of certain newly constructed residences.
The bill applies a similar requirement to facilitate the installation of electric vehicle charging systems by purchasers
of new residences, both in traditional detached, single-family homes and also in buildings that contain owner-
occupied condominium units.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 2/14/2018 House Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
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Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
No Effect: Wed, February 14, 2018, by lex@fcgov.com
(14-Feb-18) As discussed at the past LRC meeting, building codes were updated in Fort Collins in the adoption of the
2015 codes to require EV charging in all new residential building. This policy would align with existing Fort Collins
efforts but would not impact our policies, as they are already established.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Support: Wed, February 14, 2018, by lex@fcgov.com
(14-Feb-18) There is a recognition that widespread action will be needed to achieve climate goals outlined in the
LPA. This policy only requires that builders offer the option, not that it is required. Having prewiring in homes would
remove at least one of the barriers to EV adoption, and ensuring the option is available to homeowners aligns with
existing goals.
Q3: Lobbyist Comment:
N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com
(11-Feb-18) This bill places a requirement on home builders, and as such the Homebuilders Association is opposing.
If the bill gets out of the House, it will have a tough time in the Senate.
Status History: Status History
Analyze This: Comments
HB18-1119 Highway Building & Maintenance Funding
Comment:
Position:
Calendar
Notification:
Wednesday, February 21 2018
House Transportation & Energy
1:30 p.m. Room 0112
(2) in house calendar.
News:
Sponsors: T. Leonard / T. Neville
Summary: Section 9 of the bill requires the transportation commission (commission) to submit a ballot question to the voters of
the state at the November 2018 statewide election which, if approved:
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Will require the executive director of the department of transportation (CDOT) to issue transportation revenue
anticipation notes (TRANs) in a maximum principal amount of $3.5 billion and with a maximum repayment cost
of $5 billion; and
Will, in conjunction with sections 3, 4, and 7, repeal current law, enacted by Senate Bill 17-267, that requires
the state treasurer to execute lease-purchase agreements of up to $1.88 billion for the purpose of funding high-
priority qualified federal aid transportation projects.
The executive director must issue at least one-third of the TRANs within one year of the date of the official
declaration of the vote on the ballot issue by the governor, issue at least two-thirds of the TRANs within 2 years of
that date, and issue all of the TRANs within 3 years of that date. 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. TRANs
must otherwise generally be issued subject to the same requirements as the TRANs issued in 1999; except that the
commission must pledge to annually allocate from legally available money under its control any money needed for
payment of TRANs until the TRANs are fully repaid.
Section 10 requires TRANs net proceeds not otherwise pledged for TRANs payments to be credited to the
state highway fund and expended by CDOT only for qualified federal aid highway projects as described in section 6.
CDOT may expend no more than 10% of the net proceeds for the administration and engineering of the projects
being funded with the net proceeds.
On and after July 1, 2018, section 5 requires 7.5% of state sales and use tax net revenue to be credited to the
state highway fund and used first to make TRANs payments. Section 6 requires state sales and use tax net revenue
credited to the state highway fund that is not expended to make TRANs payments to be expended only for
maintenance of qualified federal aid highways and requires TRANs net proceeds credited to the state highway fund
to be expended only for qualified federal aid highway projects included in the strategic transportation project
investment program of CDOT and designated for tier 1 funding as 10-year development program projects on CDOT's
development program project list.
If the voters of the state approve the issuance of TRANs, CDOT is required to ensure that construction of
one-third of the projects commences within one year of the date of the official declaration of the vote on the ballot
issue by the governor, to ensure that construction of two-thirds of the projects commences within 2 years of that date,
and ensure that construction of all of the projects commences within 3 years of that date. Section 7 requires CDOT to
include specified information about the state sales and use tax net revenue and TRANs net proceeds in its annual
report to the senate transportation committee and the house transportation and energy committee.
(Note: This summary applies to this bill as introduced.)
Status: 1/19/2018 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes Status: Fiscal note currently unavailable
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Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Oppose: Thu, February 08, 2018, by Mjackson@fcgov.com
(08-Feb-18) This is a watered down version of SB-001 that has little chance of making it out of the House. There is
no reliable funding stream identified to repay bonds, repeals SB-267 (2017) without saying how obligations will be
met, and does not say what would be cut to ensure mandated transportation set aside. It also contains no provision for
transit as in SB-001.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Oppose: Thu, February 08, 2018, by Mjackson@fcgov.com
(08-Feb-18) While reliable and sustainable transportation funding is consistent with City Policy, this bill provides
little detail or insurance that bonds have a repayment mechanism.
Q3: Lobbyist Comment:
N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com
(11-Feb-18) This bill is very similar to SB18-001 in that it uses state sales and use tax dollars to repay the bonds
issued for transportation funding, but it uses a lesser amount of the tax. The bill was sent to House Transportation
Committee and has only Republican sponsors.
Status History: Status History
Analyze This: Comments
HB18-1127 Residential Landlord Rental Application
Comment:
Position:
Calendar
Notification:
Friday, February 16 2018
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
News: Relief for Renters Advances
Sponsors: D. Jackson | C. Kennedy / S. Fenberg
Summary: The bill:
Limits the fee to cover a landlord's costs for a personal reference check or for obtaining a consumer credit
report or tenant screening report;
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Requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection
criteria and the grounds upon which a rental application may be denied before accepting an application or
collecting an application fee; and
Requires a landlord to provide a prospective tenant with an adverse action notice if the landlord takes adverse
action on a prospective tenant after reviewing the prospective tenant's rental application.
(Note: This summary applies to this bill as introduced.)
Status: 2/12/2018 House Committee on Finance Refer Amended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Neutral: Thu, February 08, 2018, by hmatson@fcgov.com
(08-Feb-18) We don't forsee any complication to our work with these recommended changes. We are currently doing
most of this already. We have one area where we need to make a change. We think this will be easy for us to
accomplish.
Q3: Lobbyist Comment:
N/A: Thu, February 01, 2018, by jennifer.cassell@gmail.com
(01-Feb-18) This is one of at least three bills that have been introduced aimed at providing more protections to
renters. This has been a topic of conversation at the Capitol, but it is unlikely that all of these bills will pass.
Status History: Status History
Analyze This: Comments
HB18-1190 Modify Job Creation Main Street Revitalization Act
Comment:
Position:
Calendar
Notification:
Wednesday, February 21 2018
Finance
Upon Adjournment Room LSB-A
(2) in house calendar.
News:
Sponsors: D. Esgar | H. McKean / J. Tate | L. Garcia
Summary: The bill makes the following modifications to the existing 'Colorado Job Creation and Main Street Revitalization
Act':
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Adds a definition of a key term and streamlines and clarifies existing definitions;
Adds subheadings to subsections to promote greater clarity;
Extends the last income tax year for which the tax credit is available from 2019 to 2029;
Separates subsections dealing solely with residential structures from subsections dealing solely with
commercial structures to promote greater clarity;
Under the existing tax credit, the amount of the tax credit, measured by a percentage of the actual qualified
rehabilitation expenditures, is increased when the historic structure, whether commercial or residential, is located
in a disaster area. The bill also increases the amount of the tax credit when the structure is located in a rural
community. The bill prohibits a taxpayer from claiming the benefits offered for a structure in a disaster area or in
a rural community.
Authorizes the state historical society to promulgate rules as necessary to facilitate the certification of
qualified residential structures;
In connection with the reservation of tax credits for qualified commercial structures, changes the existing
requirements under which the Colorado office of economic opportunity (office) uses a lottery process to
determine the order in which it will review applications and plans received on the same day to a process under
which the office must date and timestamp each application and review a plan and application on the basis of the
order in which such documents were submitted;
Streamlines procedures the owner of a qualified commercial structure is to follow upon the completion of
rehabilitation of the structure to obtain a tax credit certificate;
For income tax years commencing on or after January 1, 2020 but prior to January 1, 2030, maintains the
aggregate limit on the amount of a tax credit certificate issued for any one qualified commercial structure at $1
million as for the 2016 through 2019 tax years;
For qualified commercial structures, regardless of the amount of estimated qualified rehabilitation
expenditures, the bill maintains the aggregate amount of all tax credits that may be reserved for each of the 2020
through 2029 calendar years in the same amount as for the 2017 through 2019 tax years, at $10 million, but
specifies that the aggregate reservation amount must be equally split between large and small projects;
Deletes existing provisions specifying the aggregate amount of tax credits that may be issued for particular
income tax years;
Deletes a reporting requirement that is part of existing law; and
Clarifies that certain requirements found in existing law are intended to apply only to tax credits issued for
qualified commercial structures.
(Note: This summary applies to this bill as introduced.)
Status: 2/2/2018 Introduced In House - Assigned to Finance
Fiscal Notes Status: Fiscal note currently unavailable
Analyze This Q1: Staff comment: Impact on City operations and rationale for position
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Comments: Strongly Support: Wed, February 14, 2018, by Tleeson@fcgov.com
(14-Feb-18) The “Colorado Job Creation and Main Street Revitalization Act” (HB 1190) provides tax credits for
historic rehabilitation projects. The credit applies for work on both the interior and exterior of properties that are at
least 50 years old and are locally designated by a Certified Local Government (CLG), or listed on the National
Register of Historic Places or State Register of Historic Properties. Fort Collins has benefitted greatly from the State
Tax Credit program: • Just under 1000 Fort Collins properties currently qualify for the program. • In the past five
years, Fort Collins properties have completed $1,759,119.00 in qualified rehabilitation expenditures, and have
received $360,664.00 in credits. • An average of two Fort Collins properties complete tax credit projects each year
Q3: Lobbyist Comment:
N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com
(11-Feb-18) This bill extends the Historic Preservation Tax Credit created in 2014 from 2019 until 2029. The amount
of the tax credit is increased if it is in a disaster or rural area. The tax credit can be used for commercial or residential
preservation.
Status History: Status History
Analyze This: Comments
SB18-001 Transportation Infrastructure Funding
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: R. Baumgardner | J. Cooke / 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, and the TRANs
have been fully repaid.
Section 8 of the bill requires the transportation commission (commission) to submit a ballot question to the
voters of the state at the November 2018 statewide election, which, if approved:
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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; and
Would, in conjunction with sections 3, 4, and 7, repeal current law, enacted by Senate Bill 17-267, that
requires the state treasurer to execute lease-purchase agreements of up to $1.88 billion for the purpose of funding
high-priority qualified federal aid transportation projects.
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 commission must pledge to annually
allocate from legally available money under its control any money needed for payment of the notes until the notes are
fully repaid. Section 9 requires TRANs proceeds not otherwise pledged for TRANs payments to be credited to the
state highway fund.
On and after July 1, 2018, section 5 requires 10% of state sales and use tax net revenue to be credited to the
state highway fund and used first to make TRANs payments. Section 6 specifies that state sales and use tax net
revenue credited to the state highway fund that is not expended to make TRANs payments and TRANs net proceeds
credited to the state highway fund must be used only for qualified federal aid transportation projects that are included
in the strategic transportation project investment program of the department of transportation (CDOT) and designated
for tier 1 funding as 10-year development program projects on CDOT's development program project list. At least
25% of the TRANs net proceeds must be used for projects in counties with populations of 50,000 or less and at least
10% of the TRANs net proceeds must be used for transit purposes or transit-related capital improvements. Section 7
requires CDOT to include specified information about the state sales and use tax net revenue and TRANs net
proceeds in its annual report to the senate transportation committee and the house transportation and energy
committee.
(Note: This summary applies to this bill as introduced.)
Status: 1/23/2018 Senate Committee on Transportation Refer Amended to Finance
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Actively Monitor: Mon, January 22, 2018, by Mjackson@fcgov.com
(22-Jan-18) This is the opening proposal from the Republicans as to how to address the State's transportation
infrastructure needs. It is similar in many ways to some legislation proposed last year, and there are many provisions
for many people. This includes a mandatory set aside for transit, as well as for rural counties less than 50,000 in
population. It also mandates monies from the GF be set aside for transportation. The rub will be what has to happen
to pay for the investment. The bill specifies no new taxes or revenue sources, so the monies may have to come from
cuts elsewhere. The legislature may be reacting as well to the increase in state revenues as a result of the new federal
tax plan. This will likely evolve into a conversation about how to pay for transportation needs without sacrificing
higher education or other important priorities to the legislature. It will be an interesting debate for sure.
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Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Support: Mon, January 22, 2018, by Mjackson@fcgov.com
(22-Jan-18) Legislation to increase and provide for an ongoing, sustainable funding source for transportation
infrastructure directly supports City Council priorities (as of 2017), and relates to our strategic commitment to
Transportation. This bill also provides for transit funding which can benefit the City and NoCo region.
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com
(19-Jan-18) This bill will have a hard time in the House. However, we are hearing that there may be a negotiation on
transportation in the works - a bill may be introduced that would use some existing general fund (mainly new federal
reform tax dollars) and create a mechanism for a new funding stream (sales tax, gas tax, etc.).
Status History: Status History
Analyze This: Comments
SB18-003 Colorado Energy Office
Comment:
Position:
Calendar
Notification:
Wednesday, February 14 2018
SENATE APPROPRIATIONS COMMITTEE
8:30 AM SCR 357
(1) in senate calendar.
News:
Sponsors: R. Scott
Summary: Section 1 of the bill repeals the wind for schools grant program.
Section 2 repeals the renewable energy and energy efficiency for schools loan program.
Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air
quality control commission to support the increased use of woody biomass in bio-heating.
Section 4 removes the office's involvement in grants with the Colorado energy research institute for the
development of a central resource for building trade professionals.
Section 5 specifies that the director of the Colorado energy office is appointed by the governor, with the
consent of the senate.
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Section 6 :
Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote;
Amends the office's requirement to develop and encourage increased utilization of energy curricula, and
expands the collaborative groups to include the energy industry and executive departments; and
Repeals certain programs for which the office is responsible.
Section 7 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to
the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on
energy issues and opportunities.
Section 8 adds 4 years of funding for the innovative energy fund from the general fund and removes the
requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy
efficiency projects and policy development.
Section 9 repeals the office's authority to submit a proposal for credentialing photovoltaic installers.
Section 10 repeals the green building incentive pilot program.
Section 11 repeals the 'Colorado Clean Energy Finance Program Act'.
Section 12 removes the office's responsibility to maintain a list of solar installers, the requirement for a
builder to offer that list to customers, and the requirement for the office to offer training on solar installations.
Section 13 removes an obsolete section of law pertaining to a computer system for tracking the movement of
gasoline or special fuel in the state.
Section 14 removes the office as the administrator of the Colorado carbon fund special license plate.
Section 15 makes conforming amendments.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2018 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Monitor: Mon, January 22, 2018, by jphelan@fcgov.com
(22-Jan-18) Generally negative effect on the breadth of scope for the Colorado Energy Office. Potentially negative
effect on potential program interactions from Fort Collins Utilities. Likely negative effect on energy efficiency and
renewable energy options for Poudre School District, one of Fort Collins key accounts.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Monitor: Mon, January 22, 2018, by jphelan@fcgov.com
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(22-Jan-18) Not aligned with Energy Policy.
Q3: Lobbyist Comment:
N/A: Thu, January 18, 2018, by jennifer.cassell@gmail.com
(18-Jan-18) The CEO supports the bill and Colorado Conservation is neutral. The bill passed out of Senate Ag
Committee on 1/18 on a 9-2 vote. The two Senators who voted no did so because of their concerns with nuclear
energy. A substantial amendment passed that requires the CEO to go to the JBC each year to request appropriations
rather than allow 4 year funding cycles.
Status History: Status History
Analyze This: Comments
SB18-007 Affordable Housing Tax Credit
Comment:
Position:
Calendar
Notification:
Wednesday, February 14 2018
SENATE APPROPRIATIONS COMMITTEE
8:30 AM SCR 357
(2) in senate calendar.
News:
Sponsors: J. Tate | L. Guzman / C. Duran | J. Becker
Summary: The bill changes the name of the existing low-income housing tax credit to the affordable housing tax credit. This
change is reflected in sections 1 and 3 of the bill.
Section 2 extends the period during which the Colorado housing and finance authority may allocate
affordable housing tax credits from December 31, 2019, to December 31, 2024.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2018 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com
(17-Jan-18) More important then the name change, this bill extends State tax credits for another 5 years. The State
tax credit pairs with federal tax credits as an important funding source for new and rehabilitated rental housing for
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households making no more than 60 % AMI. Most of the new affordable rental projects currently under construction
in Fort Collins are using tax credit financing.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com
(17-Jan-18) Tax credit financing will help the City increase inventory of affordable housing which is in alignment
with City Plan, the City's Strategic Plan and the Affordable Housing Strategic Plan.
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by edbowditch@aol.com
(19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses.
Q3: Lobbyist Comment:
N/A: Fri, January 19, 2018, by edbowditch@aol.com
(19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses.
Status History: Status History
Analyze This: Comments
SB18-009 Allow Electric Utility Customers Install Energy Storage Equipment
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: S. Fenberg | K. Priola / F. Winter | P. Lawrence
Summary: The bill declares that consumers of electricity have a right to install, interconnect, and use energy storage systems on
their property, and that this will enhance the reliability and efficiency of the electric grid, save money, and reduce the
need for additional electric generation facilities.
The bill directs the Colorado public utilities commission to adopt rules governing the installation,
interconnection, and use of customer-sited energy storage systems.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Status: 2/13/2018 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Monitor: Mon, January 22, 2018, by jphelan@fcgov.com
(22-Jan-18) Unlikely impact on Utilities operations. Bill includes exclusion for municipal utilities.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Monitor: Mon, January 22, 2018, by jphelan@fcgov.com
(22-Jan-18) Aligned with intent of Energy Policy.
Status History: Status History
Analyze This: Comments
SB18-019 Expanded Duration For Colorado Water Resources And Power Development Authority
Revolving Loans
Comment:
Position:
Calendar
Notification:
Thursday, February 15 2018
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
News:
Sponsors: K. Donovan | D. Coram / C. Hansen | J. Arndt
Summary: Water Resources Review Committee. Pursuant to the federal clean water act and the federal 'Safe Water Drinking
Act', the Colorado water resources and power development authority (authority) makes loans under its water
pollution control revolving fund and its drinking water revolving fund. Under state law, the duration of any water
pollution control loan made by the authority must not exceed 20 years after project completion; however, the federal
clean water act now allows for loans up to the lesser of 30 years or the projected useful life of the project, as
determined by the state. The bill removes the 20-year limitation on water pollution control loans and authorizes the
authority to make loans in compliance with the clean water act and the 'Safe Water Drinking Act'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 2/12/2018 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee
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of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Support: Wed, January 24, 2018, by Cwebb@fcgov.com
(24-Jan-18) These funds can be utilized by the City to fund water and wastewater projects. Providing a 30 year
payback period would not have any negative impacts on the City and would most likely help smaller communities
fund needed water and wastewater infrastructure projects.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Support: Wed, January 24, 2018, by Cwebb@fcgov.com
(24-Jan-18) Aligns with ensuring stable utility rates and with appropriately managing assets.
Status History: Status History
Analyze This: Comments
SB18-041 Authorize Water Use Incidental Sand And Gravel Mines
Comment:
Position:
Calendar
Notification:
Thursday, February 15 2018
GENERAL ORDERS - SECOND READING OF BILLS
(2) in house calendar.
News:
Sponsors: D. Coram | R. Baumgardner / L. Saine | J. Arndt
Summary: Water Resources Review Committee. Current law requires operators of sand and gravel open mines that expose
groundwater to the atmosphere to obtain a well permit and either: A replacement plan approved by the ground water
commission for designated groundwater; or a plan for augmentation approved by the water court or a plan of
substitute supply approved by the state engineer for tributary groundwater. The bill specifies that the replacement
plan (in section 1 of the bill) or the plan of substitute supply (in section 2 ) and the permit may authorize uses of
water incidental to open mining for sand and gravel, including specifically (among other things) the mitigation of
impacts from mining and dewatering.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status: 2/12/2018 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee
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of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com
(30-Jan-18) There is little to no impact on the Fort Collins Water Resources Division from this bill, which authorizes
the State Engineer to approve uses of water incidental to mining operations in the well permits and substitute water
supply plans.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com
(30-Jan-18) This bill appears to align with the City's 2018 Legislative Policy Agenda by "Supports expanding the
authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental
regulatory programs."
Status History: Status History
Analyze This: Comments
SB18-045 Repeal Architectural Paint Stewardship Act
Comment:
Position: Oppose
Calendar
Notification:
Wednesday, February 14 2018
SENATE APPROPRIATIONS COMMITTEE
8:30 AM SCR 357
(4) in senate calendar.
News:
Sponsors: K. Lundberg / K. Ransom
Summary: The bill repeals the 'Architectural Paint Stewardship Act', which act requires architectural paint producers to create
paint stewardship programs for the recycling of architectural paint and to fund the paint stewardship programs by
charging assessments on retailers and distributors, who are then required to add the amount of the assessments to the
purchase price of containers of architectural paint sold in Colorado.
(Note: This summary applies to this bill as introduced.)
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Status: 2/14/2018 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Oppose: Fri, January 19, 2018, by sgordon@fcgov.com
(19-Jan-18) The Paint Care program adopted in 2015 benefits the City of Fort Collins financially by saving the City
approximately $82,000 per year - the program pays disposal costs for paint collected at the Fort Collins community
recycling center and at public Household Hazardous Waste collection events held twice a year.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Oppose: Fri, January 19, 2018, by sgordon@fcgov.com
(19-Jan-18) By diverting paint from landfill disposal, the Paint Care program helps Fort Collins reach adopted goals
for zero waste in the community by 2030. Because Paint Care gives citizens excellent options for environmentally
safe paint disposal, it helps Fort Collins achieve its Strategic Plan (Objective 4.8), which defines Fort Collins'
commitment to protecting water quality.
Q3: Lobbyist Comment:
N/A: Thu, January 18, 2018, by jennifer.cassell@gmail.com
(18-Jan-18) This bill is not likely to pass.
Status History: Status History
Analyze This: Comments
SB18-047 Repeal Tax Credits Innovative Vehicles
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: V. Marble / L. Saine
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, 2019.
For the 2018-19 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
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tax credits to the highway users tax fund.
(Note: This summary applies to this bill as introduced.)
Status: 2/6/2018 Senate Committee on Finance Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Status History: Status History
Analyze This: Comments
SB18-066 Extend Operation Of State Lottery Division
Comment:
Position: Support
Calendar
Notification:
Wednesday, February 14 2018
SENATE APPROPRIATIONS COMMITTEE
8:30 AM SCR 357
(5) in senate calendar.
News:
Sponsors: J. Sonnenberg | L. Garcia / J. Arndt | C. Wist
Summary: The bill repeals the scheduled termination on July 1, 2024, of the state lottery division (division) in the department of
revenue, the effect of which is to permanently establish the division.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2018 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q3: Lobbyist Comment:
N/A: Mon, January 29, 2018, by jennifer.cassell@gmail.com
(29-Jan-18) This bill extends the Lottery Division until 2039. Interesting enough it is the division itself that expires
(the entity that administers the lottery) and not the actual lottery itself (that's enshrined in the constitution). GOCO
does 5 year planning grants so they want to extend the sunset this year so they can have some long term assurance
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when they do their next set of five-year planning grants.
Status History: Status History
Analyze This: Comments
SB18-139 Statewide Regulation Of Products With Nicotine
Comment:
Position:
Calendar
Notification:
Wednesday, February 21 2018
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
2:00 PM SCR 354
(1) in senate calendar.
News:
Sponsors: J. Cooke / J. Singer
Summary: Sections 2 through 4 of the bill establish a licensure requirement for retailers who sell cigarettes, tobacco products,
or nicotine products (products). Beginning January 1, 2019, it is illegal for any person doing business in the state to
sell or offer for sale products without first obtaining a license as a retailer from the division of liquor enforcement in
the department of revenue (division). A retailer with more than one location is required to have a separate license for
each location.
The division will establish the license application and is required to grant a license to an applicant if it meets
the statutory requirements. There is no fee for a license and the license is valid until it is surrendered or revoked. A
retailer is required to conspicuously display the license. Section 1 permits money that is appropriated to the division
from the tobacco education programs fund to be used for the licensure of retailers, and it increases the required
annual appropriation from the fund from $300,000 to $1 million.
Section 6 prohibits an entity from receiving a grant for tobacco education, prevention, and cessation if any
money would be used to:
Advocate for a local government to impose a license requirement, fee, or tax on a retailer or impose a tax on
tobacco products in any manner; or
Support a statewide ballot measure that would impose a local license requirement, fee, or tax on a retailer or
impose any type of tax on cigarettes or tobacco products.
An entity is likewise prohibited from using a grant award to supplant other money that is in turn used for these
prohibited purposes. Any prior grant that was to be used for these prohibited purposes must instead be used for
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tobacco education, prevention, or cessation.
Under current law, an amount equal to 27% of gross cigarette sales are distributed to cities and counties in the
state, but to be eligible for this distribution a city and county must not impose a fee, license, or tax on any person as a
condition for engaging in the business of selling cigarettes or impose a tax on cigarettes. Section 8 expands the
condition for receiving state money to include the same prohibitions for other tobacco products and nicotine products
and it establishes another condition that a local government must not ban any person from selling cigarettes, other
tobacco products, or nicotine products for any period of time.
(Note: This summary applies to this bill as introduced.)
Status: 1/29/2018 Introduced In Senate - Assigned to Business, Labor, & Technology
Fiscal Notes Status: Fiscal note currently unavailable
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Oppose: Wed, February 14, 2018, by rrogers@fcgov.com
(14-Feb-18) The bill will impact the City's ability to collect sales tax on non-cigarette tobacco products or reduce
funding from the state and have a negative impact on City revenue.
Q3: Lobbyist Comment:
N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com
(11-Feb-18) Local governments that separately regulate nicotine will no longer get a local share back from state
revenue. CML opposes.
Status History: Status History
Analyze This: Comments
SB18-143 Parks And Wildlife Measures To Increase Revenue
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors: S. Fenberg | D. Coram / J. Arndt | J. Wilson
Summary: Section 1 adds a nonstatutory short title.
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Section 2 of the bill makes legislative findings.
Section 3 adds 'preference point' to the documents listed under the definition of 'license'.
Sections 4 and 12 add 'sponsorships', 'contributions', and 'donations' to the list of money transfers that the
parks and wildlife commission (commission) is authorized to receive and expend.
Sections 5 and 9 change the name of the wildlife management public education advisory council to the
wildlife council.
Section 6 raises the amount of residential and nonresidential license fees, stamp fees, and surcharges for
certain hunting and fishing activities. Section 6 also: Authorizes the commission to apply a consumer price index
adjustment to hunting and fishing fees; establishes an annual residential youth fishing fee; and, together with section
7 , moves a reference to the state migratory waterfowl stamp fee amount.
Section 7 also allows the division of parks and wildlife (division) to grant up to 25% of the money derived
from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American
waterfowl management plan.
Section 8 authorizes the commission to establish by rule a special licensing program for young adult hunters
and anglers.
Section 10 requires the division to prepare reports on increased licensing fees and to present the reports to the
agricultural committees in the house of representatives and the senate.
Section 11 removes the restriction on the commission's ability to raise or lower park fees and charges only if
the commission reasonably anticipates that the annual revenues from the fees and charges will not increase by more
than 20% above the annual amount earned from fees and charges as they existed on July 1, 2011. Section 11 also
establishes a maximum fee increase that the commission may impose by rule for park passes in any one year as a
one-dollar increase for a daily park pass and a $10 increase for an annual park pass.
Section 13 removes the $200,000 limitation on the amount that may be held in the stores revolving fund,
which fund is maintained for acquiring stock for warehousing and distributing supplies for retail sales to visitors, and
requires that the fund be continuously appropriated.
Section 14 removes the $5 cap on the fee that the division may charge a person to replace a lost or destroyed
pass or registration. The fee may be set by the commission by rule in an amount up to 50% of the cost of the original
pass or registration.
Section 15 removes a requirement that an aspen leaf annual park pass be affixed to the vehicle for which the
pass was issued.
Section 16 directs the commission to determine, by rule, how the columbine annual park pass will be
displayed to enter a state park or recreation area.
(Note: This summary applies to this bill as introduced.)
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Status: 2/13/2018 Senate Committee on Finance Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q1: Staff comment: Impact on City operations and rationale for position
Strongly Support: Wed, February 14, 2018, by jstokes@fcgov.com
(14-Feb-18) The City's LPA supports restoring CPW fees to at least 2005 levels. This bill increases hunting and
fishing license fees and allows CPW to index the fees to the rate of inflation. This is much needed bill and will help
CPW increase its effectiveness as a City of Fort Collins partner.
Q2: Alignment with City Legislative Policy Agenda or other adopted policies
Yes: Wed, February 14, 2018, by jstokes@fcgov.com
(14-Feb-18) As noted, aligns with the City's LPA.
Q3: Lobbyist Comment:
N/A: Mon, February 12, 2018, by edbowditch@aol.com
(12-Feb-18) This bill is an attempt to stabilize the long-term funding for the Division of Parks and Wildlife. A similar
bill passed the House in 2017, but died in the Senate.
Status History: Status History
Analyze This: Comments
SB18-148 Medical Benefits After State Employee Work-related Death
Comment:
Position:
Calendar
Notification:
Wednesday, February 14 2018
THIRD READING OF BILLS - FINAL PASSAGE
(2) in senate calendar.
News: Trooper Cody Donahue honored, ahead of bill to extend insurance to families of fallen officers
Sponsors: B. Martinez Humenik | D. Moreno / P. Lawrence | T. Exum
Summary: A state employee (employee) is eligible for benefits through the 'State Employee Group Benefits Act' (act) if the
employee works or is on paid leave one or more regularly scheduled full workdays in a month. When an employee
dies, the benefits provided to the employee and any dependents of the employee through the act end at the end of the
month in which the employee died.
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The bill specifies that dependents of an employee who dies in a work-related death are automatically
qualified for the continuation of dental or medical benefits through the act for 12 months from the end of the month
in which the work-related death occurred, so long as the dependents had dental or medical benefits pursuant to the act
at the time of the employee's work-related death. The dental or medical benefits allowed to dependents shall be the
same coverage that the dependents were enrolled in at the time of the employee's work-related death.
The state agency that employs an employee at the time of his or her work-related death is required to pay the
cost of providing dental or medical benefits on behalf of the employee's dependents for the 12-month period.
The director of the department of personnel or the director's designee may promulgate rules necessary to
implement the dental or medical benefit coverage continuation.
(Note: This summary applies to this bill as introduced.)
Status: 2/14/2018 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Analyze This
Comments:
Q3: Lobbyist Comment:
N/A: Mon, February 12, 2018, by Ed Bowditch (edbowditch@aol.com)
(12-Feb-18) This bill will continue medical benefits for a spouse or dependent of a state employee who dies in a job-
related death. The coverage would continue for 12 months from the end of the month in which the death occurred.
There have been 6 work-related deaths in 4 state agencies in the last 5 years.
Status History: Status History
Analyze This: Comments