To: Honorable Mayor and Members of Town Council
From: Kristin Read, Assistant Town Manager
Title
Update: Legislative Update
Body
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Executive Summary
The 2020 regular session of the Colorado General Assembly is about one-quarter through. With assistance from the Colorado Municipal League (CML) and other sources, staff monitors legislative activity that is of municipal interest during each year’s legislative session.
Staff does not take a position on any legislation unless so directed by Council. Staff presents summaries of potential bills of interest below for Council’s information and/or action. Additionally, attached (Attachment A) is a list of all of the legislation CML is following thus far this legislative session. If Council is interested in additional information on any of these - or any other - bills, staff will provide such information in a future update.
Discussion
NEW ITEMS FOR DISCUSSION
Fee for municipal water customers
SB 153 would charge customers of municipal water utilities a fee, paid to the State, to pay for water infrastructure projects. Castle Rock Water Director Mark Marlowe said this fee would be roughly $12 per customer per year, or almost a 1% rate increase, resulting in $264,000 being sent to the State. Staff recommends opposing this bill in its current form, as it is not equitable to water providers that have been responsible with resources like Castle Rock Water has been. The Colorado Water Congress has also opposed this bill and plans to ask the sponsor to discuss alternative options for funding the proposal.
Colorado Rights Act
HB 1287 would allow people to sue for alleged violations of the Colorado Constitution, subjecting municipalities to “a much broader range of damage and attorney fee claims for state constitutional violations,” per CML. Further, the bill removes the qualified immunity defense for municipal officials - particularly, police officers - meaning far more claims and lawsuits are likely to occur resulting in higher settlements, damages awards and attorney fee payouts. Staff recommends opposing this bill. Municipalities are already subject to liability when sued for civil rights violations under federal law in what are often called Sec. 1983 actions.
UPDATES ON PAST DISCUSSIONS
Public option healthcare
To date, no 2020 legislation has been introduced related to this item. Staff will continue monitoring the issue and will bring any bills introduced to Council’s attention.
FPPA contribution increase
HB 1044, which would require increases to the Town’s contributions toward the Fire and Police Pension Association - under which CRFD members are covered - was due to be heard in House Appropriations on Valentines Day. CML is opposing the bill unless it is amended due to the financial requirements it would impose on municipalities.
A Legislative Council Staff revised fiscal note says this would increase costs for the City of Aurora by $1.7 million annually at full implementation, not accounting for salary increases or new hires. Aurora has 424 Fire civil service FTEs for 2020 compared to 94 for CRFD, to provide a rough idea of what the financial implications could be for the Town. (Like in Castle Rock, Aurora’s police officers do not receive pensions through FPPA.)
Transportation funding
SB 044, which would have credited revenue from the State’s sales and use tax to the Highway Users Tax Fund, where 18% is allocated to municipalities, has been indefinitely postponed. CML had supported this bill.
Attachments
Attachment A: CML-Followed Legislation as of February 13