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Home My WebLink About06/05/2006 Rl vrt A n dJ.1/JC~ STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Ave. June 5. 2006 6:30 p.m. APPROVAL OF AGENDA b) Staff Reports 1 Colorado Clean Air Act Type /1/ Outside Agency Reports 1 Regional Transportation Authority - Larry Schulz Type I Item 1. a) Item 2. Transportation Infrastructure Funding Alternatives (Cabela's) Type I Leader's Guide 2005 Summary Report/Mayor and City CounciVWheat Ridge, Colorado Work Session Typology WORK SESSION WORK SESSION WORK SESSION TYPE I TYPE II TYPE III PRE-REPORT DRAFT REPORTS BRIEFING Provide directIOn and Refine proposed reports and Bnef Mayor and CIty guidancc on major Issues before staff recommendations pnor to Council on major issucs, analysIs and report formal presentatIOn and upcoming opportumties preparation. action. and operatIOnal matters. TOPICS TOPICS TOPICS I Define the Problems l. Present Background 1 Present Background InformatIOn - 2. Identify Issues 2 RevIew and HighlIghts of 2. DISCUSS TOpICS Analysts and Options 3 EstablIsh Parameters 3. ReView and Refine 3. Explore City's Role or and GUIdelines Recommendations Need for ActIOn 4 Focus on Possible 4 FinalIze DeSired Goals 4 Focus on Overall Policy Outcomes and Outcomes Direction and GUidelines 5 Outline Process and 5 Outline Next Steps Possible Next Steps 6 DeCide Whether or Not Worth Pursuing Copyright ([) 2005 Lyle Sumek Associates, Inc. 05-MAR-53 Section XI - Page 1 STUDY SESSION Item 1. b) 1. Board of County Commissioners May 1, 2006 Jim Congrove DlStflcl No 1 J_ Kevin McCasky Dlstflct No 2 Dave Auburn Dlstflct No 3 The Honorable Jerry DiTullio Mayor, City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215-6713 Re Participation In a Regional Transportation Authority (RTA) Dear Mayor DiTullio, The Jefferson Transportation Advisory and Advocacy Group (JEFFTAAG) is a committee made up pnmanly of elected officials from the County and cities The purpose of JEFFTAAG is to address transportation issues In Jeffco The Committee has come to the realization that funding from the Feds or the State IS uncertain at best causing us to be concerned about being able to solve transportation Issues for our citizens The Board of County Commissioners feels that we need to take a proactive role In solving our own problems and our discussions have attempted to do just that Formation of an RT A has been identified as a means to generate significant dollars for current and ft.;ture needs for which no funding IS Identified Sales tax IS the pnmary source of funds for an RTA As an example, a 1/2 cent sales tax countywide generates about $31 million per year At our last meeting on April 12, JEFFTAAG unanimously agreed to move forward and have the cities conSider whether or not to participate in an RT A We would request that your council take up thiS matter and respond to us by June 10" so we can determine what course of action to take regarding the RT A - CQuncilor Larry Schulz is your representative on JEFFTAAG and may have bnefed your council about RT A s and how they are developed and function Attached IS a summary of how RT A's function for your Information If needed We look forward to heanng from you Sincerely, BOARD OF COUNTY COMMISSIONERS CJ-_~ Bce VZ pt attachmenV 100 Jefferson County Parkway Golden, Colorado 80419 (303) 279-6511 http.l/JeHco.us cc: Nanette Neelan, Deputy County Administrator Tim Carl, Director, Development and Transportation Valdis Zebauers, Director, Highways and Transportation Councilor Vicki Stack, Lakewood City Council, 480 S Allison Parkway, Lakewood, CO 80226 Councilor Tim Kauffman, City of Westminster, 4800 West 9200 Avenue, Westminster, CO 80031 Councilor Larry Schulz, City of Wheat Ridge, 7500 W 29th Avenue, Wheat Ridge, CO 80215-6713 Councilor Lorraine Anderson, Arvada City Council, 8101 Ralston Road, Arvada, CO 80002 Councilor Karen Oxman, Golden City Council, 911 - 10th Street, Golden, CO 80401 - Reqional Transportation Authoritv (RT Al Information What is an RTA? . A Regional Transportation Authority (RTA) is a combination of two or more local governments to address the transportation issues facing a community, county or region . In 2005, HB 1064 was passed, which authorized the "Regional Transportation Authority (RT A) Law" . RTA's are funded through either a sales tax (1% max), motor vehicle tax (up to $10) or visitor benefit tax (2% max) An RTA requires: . An intergovernmental agreement between cooperating entities . Public hearings . Voter approval RTA's are Successful in Colorado Pikes Peak Rural Transportation Authority . Formed in 2004 by voter approval . Serves EI Paso County, City of Colorado Springs, Manitou Springs and Green Mountain Falls-a rural, suburban and urban environment (500,000+ population) . Additional sales tax of 1% generates approximately $65 million annually for transportation projects . A total of 72 projects will be completed over the next 10 years (roadway construction and maintenance, new trails, new transit service) Gunnison Valley Regional Transportation Authority . Formed in 2002 by voter approval . Serves Gunnison County, City of Gunnison . Additional sales tax of 6% in County and 35% in City . Serves transit, tourist shuttles and expanded air service Roaring Fork Transportation Authority . In operation since 1983 as the Roaring Fork Transit Agency . Formed an RTA in 2000 by voter approval . Includes the communities of Aspen, Snowmass Village, Pitkin County, Basalt, a portion of Eagle County, Carbondale, Glenwood Springs and New Castle . Serves transit, trails and transportation planning needs for the region · Additional sales tax of" 4% Basalt, 7% Carbondale, 6% Glenwood Springs, 4% New Castle, .2% unincorporated Eagle County . Benefits of an RTA: · High priority transportation projects could be completed within the foreseeable future · A better transportation system would be developed in a much shorter time frame · New funding would supplement existing state and local funding pools for major projects, and Increase the number of new projects constructed · Local businesses would significantly benefit from an Improved transportation system · An RTA could be funded from several sources (sales tax, motor vehicle tax or visitor benefit tax) Why Consider An RTA?-Fundin~ Crisis · Current revenues at all levels of government-Federal, state and local, devoted to transportation, are clearly not sufficient to maintain or improve our highways, local roadways and transit. 1 The SAFETEA-LU Federal Transportation Highway Trust Fund is projected to be insolvent by Fiscal Year 2009 (source DRCOG and CDOT) 2 There will be a total Federal shortfall nationally for transportation funding of $1 Trillion over the next ten years (2005 to 2015) (source National Chamber Foundation, Future Highway and Public Transportation Finance Report, 2005) 3 DRCOG's Metro Vision 2030 Regional Transportation Plan has projected a $25 Billion shortfall in the Denver region for the next 25 years -see DRCOG Chart (source DRCOG) · With transportation problems faCing the County, political leaders and coalitions must realize that if these problems are not addressed today, then our quality of life. as well as the local economy, will suffer in the future · An RTA gives more power to local governments to generate needed revenues to use for projects that they want to see constructed now · Jefferson County has been receiving the lowest amount of TIP funding per capita in the DRCOG region than all other counties (based on VMT, lanes miles and population) Transportation Needs in Jefferson County The Countywide Transportation Plan (2002 Addendum) has identified over 100 roadway and interchange projects in need of completion through 2015 The vast majority of these projects have not received any funding and are many years away from completion 2 The Pikes Peak Rural Transportation Authority Transportation Funding Through the Pikes Peak Rural Transportation Authority (PPRTA) Craig Blewitt Transportation Planning Manager City of Colorado Springs JEFFTAAG: December 14.2005 .. Overview "That is a Rural Transportation Authority? The Colorado Springs area experience: . Unsuccessful 1 999 RTA translt ballot measure How the RT A proposal got started Vl'ho led the effort The R T A proposal and how It was decIded How the polItIcal campaIgn \vas run - The key messages; the election results Now that It'S approved, how's It workmg') . . . . . J The Pikes Peak Rural Transportation Authority Overview Continued Is an RTA right for other Colorado communities? · Necessary conditions · Keys to success · Q&A What is an RTA? · R T As are authorized by 1997 State legislation · ReqUIres participation by a combination of at least two governmental entIties (cities, towns, counties) · Created by voter approval · Can be funded through a sales tax (1 % max), motor vehicle registratIOn fee (up to $10), and/or visitor benefit tax (2% max) · Provides broad transportation improvements 4 :' The Pikes Peak Rural Transportation Authority RTA Statutory Requirements · Intergovernmental agreement among participating cities, towns, counties · PublIc hearings · V oter approval (majority of voters in RTA area) 5 The Colorado Springs Area Experience Approved by voters November 2004 (55% yes) Funding Method - 1 % sales tax for first 10 years - 0.45% sales tax thereafter Transportation Improvements - Road\vay capItal projects ($330 MIllion for 10 years) - Mamtenance: Double street overlay program - TransIt: 80% Increase m bus servIce 6 3 The Pikes Peak Rural Transportation Authority Unsuccessful 1999 RTA Transit Ballot Measure · Transit only · 0.3% sales tax initially, then 0.1 % · 3 ballot issues (RTA, tax, TABOR) · RTA narrowly failed; tax and TABOR failed by substantial margins 7 How it got started A lot of forces came together. . . . CItIzen agreement on the transportatIOn and traffic congestIon problem Appomted cltlzens' board ldentlfies specIfic lmmedlate transportahon needs Commumty leadershlp by non-government groups (Umted Way & Chamber of Commerce) Staff task force to develop an RTA proposal ===> Solid working relationships . . . 8 4 The Pikes Peak Rural Transportation Authority How it got started Citizen agreement on the problem . Traffic congestlOn at the top of concerns m CIty Budget Office cItIzen survey (3 years runnmg) . Colorado Sprmgs IdentIfied as the most congested CIty of Its size by TTI Urban MobIlIty Report (2 years runnmg) . TransportatlOn and traffic congestlOn IS the top commumty Issue In Umted Way survey for several years 9 How it got started Citizens' Transportation Advisory Board identifies $444 mIllion 111 immediate transportatIOn needs (capital projects, maintenance, transit) and recommends a sales tax to fund the improvements · Recognized that state fundmg not adequate to address local needs 10 5 The Pikes Peak Rural Transportation Authority How it got started Initiative and leadership provided by non- govemnlent community groups - Pikes Peak United Way and the Greater Colorado Springs Chamber of Commerce · Umted Way Leadership Summit · Chamber of Commerce TransportatIOn CommIttee · Pikes Peak Chapter of the Colorado Mobility CoalItion 11 Staff at Work . Small staff task force developed the ImtIal RTA proposal . LImlted number of actors - Two County. Dep. County AdmImstrator; TransportatIOn DIrector - Two CIty: Budget DIrector, TransportatIOn Plannmg Manager - Two PPACG. ExecutIve DIrector, TransportatIon DIrector 12 6 The Pikes Peak Rural Transportation Authority The RT A Proposal and How It Was Decided Initial proposal laid out key parameters - PartlcIpatmg governmental entItles - RTA Board of Dlrectors . Elected officIals . "Weak" Board - ballot to provIde certamty . 1 % Sales tax (first 10 years; 0 450;0 thereafter) . Capital pOrtIon sunsets after 10 years - How money lS spent . 55% capItal . 35% mamtenance . lO% transIt - AdmmIstratlOn and staffing (contracted out) 13 The RTA Proposal · Initial proposal presented to Joint City I County Meeting, January 2004 · Discussed by CT AB, Chamber of Commerce, Pikes Peak TransportatIOn Coalition · Reaffirmed at second Joint CIty I County Meeting WIth revIsions requested by Coalition and CT AB 14 7 The Pikes Peak Rural Transportation Authority The RTA Proposal · Capital projects specIfically listed · Mamtenance apportioned by population - Types ofmamtenance actIvItIes lIsted · Transit services to be determined by City of Colorado Springs - other cities eligible for service 15 The RT A Proposal Capital Proiect List · Projected revenues ($600M x 55% = S330M) · Projects prIoritized by City & County CItIzen boards - "A" LISt. 90% of revenues over 10 years - "B" List: Next 1 0% of revenues - "C" LISt: Revenues over projectIOn 16 8 The Pikes Peak Rural Transportation Authority The RTA Proposal Maintenance · $21 mIllion annually · ApportIOned by population · City of Colorado Springs - Double the street overlay program - Replace damaged curb & gutter - Bndge repaIr and mamtenance - Traffic sIgnal, SIgn and stnpmg replacement 17 The RTA Proposal TransIt System Improvements · S5 5 milhon per year increase · More Frequent Service · Modified Grid Bus Service - Quicker Bus Trips . Expanded Service Area · Express Routes From Outlying Areas (Park & RIde Lots) 18 9 The Pikes Peak Rural Transportation Authority The RTA Proposal Initially: Only City of Colorado Springs and El Paso County Other area governmental entities invited to join (after agreement over parameters) TransportatIOn Coalition actively encouraged partIcIpation 19 - The RTA Proposal Fmal' Colorado Spnngs, EI Paso County, Mamtou Spnngs and Green Mountam Falls Board of Directors' (3) Colorado Spnngs, (3) EI Paso County, (1) Manitou Spnngs, and (l) Green Mountain Falls Four prOYISlOnS added: - Cmzens AdvIsOl)' CommIttee - Annual audIt - Board Chalr only Colorado Spnngs or County I % cap on admmIstratlVe costs - Affirmed: I % sales tax, 10% tranSIt 20 / I The Pikes Peak Rural Transportation Authority Pikes Peak RTA Timeline 1. Exploratory Phase 21 - Exploratory Phase · February 2003 to February 2004 · Began public dialogue - Urging a regIonal approach · Research - CIty Budget analysIs to confim1 need - ComparatIve tax mformatlOn - Ballot InItIatIveS - natIonwIde - Past County/CIty efforts - Local TransportatIOn stats (needs, costs, operatIOns) 22 1 The Pikes Peak Rural Transportation Authority Options Explored ;~ Increase '~f;~ .'''''~~7}~~1 ~,.. .. . '$. ~t~:i~J~~{';' :.~~: - 23 CItIzens' TransportatlOn AdVIsory Board Pikes Peak Chapter of the Colorado Mobihty CoahtlOn City Council and County CommisslOners Manitou Spnngs & Green Mountam Falls Pikes Peak Transportation Coalition Building the Coalition . Pikes Peak Umted Way Chamber of Commerce . . . . . 24 The Pikes Peak Rural Transportation Authority Pikes Peak Transportation Coalition Participants . Pikes Peak United Way . Colorado Springs Chamber . Manitou Springs Chamber . Tri Lakes Chamber . Black Chamber . Hispanic Chamber . Korean Chamber . C.S. Downtown Partnership . The Voter's Network . C.S Apartment Association . Council of Neighbors and Organizations . Interagency Transition Teams Committee . Economic Development Corp. . Pikes Peak Association of Realtors . Housing and Building Association . University of Colorado C.S. . Pikes Peak Community College . Falcon ProCessional Dev. League . Community Intersections . Forum for Civic Advancement . Pikes Peak Chapter of the Colorado Mobilit) Coalition . Surface Transportation Advisory Coalition 25 How the Political Campaign was Run one COmmuni mdn,;", -VOices r-\~'~~ ~~ITT VtslQ..(Il> SIlR1H ~~~:.._._..._n ~~~:tt~-:::,::. '- 26 J The Pikes Peak Rural Transportation Authority Pikes Peak Transportation Coalition . March to August 2004 . Chair: Dan Stuart - Steering Corrunittee established for functional roles - CommunitylPublic RelatIons, Gov't Coordination, Fundraising, Coalition Building - Hired adntirustrative assistant . Public Education - Conducted 2nd Community Summit - Develop Mission Statement and estabhsh "brandmg" - Speakers Bureau presentations - Website, Handouts, flyers, posters, mailings . Coalition Building Expanding Coalition beyond Government and Busmess - "Invite your fnends and assoCIates" - Engage Professional Societies and OrganizatIons New Endorsements: Republicans and Democrats Developers and Sierra Club Pikes. Peak Trans.portatlon Coalnlon Steenng C onumttee - I __ _EiiiiE_ ~.=.:.- t= ....__ Pikes Peak Transportation Coalition (Continued) . Researched Campaign and Fundraising Approach - ID Benefits and Stakeholders - Began Education Fundralsmg - Interviewed Campaign Consultants - Establish wort.-plan and budgets (fundralsmg targets) - Pollmg of registered voters . Reviewed IGA and Ballot Language and Recommended Additions - 55/35/1 0 1 % adrrun, Sunset, ClUzens overslght, Aud . Collaboration with City and County Elected Officials - Staff and PR Citizen Advisory Committees - Other Communilles that might joining the Coalition . Monitored Opposition J. The Pikes Peak Rural Transportation Authority Go with lA Campaign September to November 2004 Election Hl,-ed Local Campaign Consultant Estabhshed Issues Committee Accounting and repornng Bank <\ccount - PO. Bo). - BRE's Data and document management (thank you letter:;, conuctllsts, matenals) Fundralsmg - WeekJv updating of workplan and balance sheet One point of contact for budgets, accounting, check v,nung Obtain others' 'ask lists Send "ask letters from recognized industry leaders EDg3g\" largest benefiriaries with apprnpri<llf> ";l<::kf'r Held industry fundraismg events (EngmeenngIConstruction. Real estate/Bank:., Malor Emplovers) Campaign Methods - Print media and Letters to the Editor - Targeted maihngs - Walking neighborhoods - Honk-n-waves Yard signs - Bumper Magnets (NOT stickers) - Lapel Buttons - Billboards Pollmg - Conducted brushfire poll 2-weeks prior to election to confirm/modify messaging SAVETIME, ' IIoleYE Fundraising Fundraising Challenges PreSIdentIal and Senate Races CompetItIon WIth FasTracks (SImIlar mdustnes) Tax-averse votmg populatIOn = skeptIcal contributors Lmkmg Benefits to Stakeholders I~A!I The Pikes Peak Rural Transportation Authority Fundraising Comparisons Pikes Peak RT A "" of Checl# Cnecks iSECTOR 'Donations 1% 2iBANKS I $ 4,(1()() 37% 60CfTlZENS S 12,586 2% 3lCHAM8ERlEDC/ORGS S 1,125 12% 19DE'vElOPERS $ 83.720 30% 49;ENGINEER1NGfCONSTRUCnONISUPPLlERS, $212.950 8% 13,1NOUSTRY '$ 8.52D 2%' 3ilEGAL PRQFESS10N $ 1.700 1%, 2,LAt~DSCAPE/ARCHITECTS S 500 7%i 1 LREAL TORS '$ 27.850 100%' 162'TOTAl $352.951 F as Tracks '\0 CheCKS I:: CneCKS Donations $ 79.750 S 277,292 S 646610 $ 2G7,GG4 $ 913.441 $ 647.674 $ 33.025 $ 341.793 $ 3. 197,249 3"" 21 Banks 377!Cltlzens 14, ChamberJEDC 37' D~~lulJt:l:;' i22 EngrlCOnSlrlSuPPllers 131 Indust!)' 14 Legal Profession 46' Realtors 762 49% 2~,o S% 16% 17%. 2% 6% 100%. 1% 4% I' 0% '4% I' 60% 2% 0% I'. 0% 8% i 100% I I I I 0% I 2". " 9". '" 20% 29% 20% i , 1% 11% I 1 , i 100% ,IlU..CTOIlS .... " ~~~m~,"' -"' I.Crft'U's IDC........"">VEDCI<>RO~ r~'O<>t~ I.E_E(R~-..cIIOO<I$ I cl"'PLl-R:; )."""'i!rn.' I.LI'GA.,""l'HS'"", , la..ANOSGAf'E'''''''''rn:1S I I."E~~TO~ E"*CI"'EE.~"" TflUCT'OloVSUPPl,(1 " . ." '- ReanOl'5 11% \ Leg...1 Bank5.::ltllens Proless~n 2' 9.", 'cd":: 4 rt ^\ C'.mb<#lDC 2D~~~ 20'l0. . ~DMO"" ,~ EngrlConstr/S uPDlle~ 29.,. IElBanJo;s I.CltLzens :OChilm~,;E[l: , 10 Oe;elooers I !_Er'lgr.'"onslr,SuDDllers\ IV InouSlr) I I.Leoal Pl"JleSSlOr, ItlReaMo/O; , Fundraising was a Hair-raising Endeavor $4;):)00( $:b0Q(() "'Xl 000 S2?OOOC! Target !X>J 000 .' $tSO 000 .' $lOC.oo::i .' .' "".000 .' ~ 8 8 8 8 8 ~ ~ 8 ~ s , s s; ~ " ~ 0 '" ~ M ~ " . ~ ;; 32 J, In 2005, HB 1064 was passed, whIch authonzed the "Regional Transportation Authority (RTA) Law" . 3 Key provIsIons ofthe ne\\- HB 1064 whIch are dIfferent trom the Rural TransportatIon Authonty Law' I Local govenunents In the Denver regIOn can form RTA's, 2 A potentIal RTA IS reqUIred to JOIn WIth CDOT In an Intergovernmental Agreement for any project that IS on or Intersects WIth a state hIghway; 3 CDOT cannot supplant state funds WIth local RTA funds. RTA funds would be over and above state fundmg. 3 RTA Development Steps Should We Proceed to Explore the Creation of an RTA? City Council Feedback to JEFFfA.AG Interested cIties and county staff prepare prelImlnaT} list of projects and Identifv funding shortfalls :2 CIlles and coun!) form a CitIzen's Advisof\' Committee to gauge Interest. setrevie.... prioritIes and projects 3 DISCUSS wIth CDOT any projects on state highways 4 Cltzen s AdvIsory CommIttee and Cil\' Councils make recommendations Review Feedback and Determine ifRTA Should be Formed How Should We Proceed with an RTA? TransponalJon needs and pnonties are further addressed hy CItizen s AdvISOT\ Commillee, elected officials and local government technIcal staff ~ StafTworks WIllI CIlIzens and elected officials to develop an RTA Plan Proposal, prolect lists and tundlng OplJOI15 3 A task force or specIal working group IS formed to InItIate an RTA ballot proposal 4 DetaIled capIlal prolect lIsts and funding pnonlJes are finalIzed 5 An IGA hetween partlclpatrng governments and or CDOT is finalIzed (> An RTA coalition IS huIlt 10 generate support for ballot campaIgn Determine Support and Momentum for Ballot Proposal Should RTA Proposal go to Ballot? PolItIcal campaign IS Implemented :2 Voters are mobilIzed to generate large turnout and support 2 The Pikes Peak Rural Transportation Authority Key Messages 33 In Short - The Problem . Our Roadways Are Crowded and Less Safe (Rated # 1 - 'Worst Among Cities Our Size) Traffic Congestion Is the Number One Issue That Citizens "ant Fixed In Our Community If \\ e Do Nothing, Traffic Delays and Repair Costs Will Dramatically Increase In 1992, the Sales Tax Used for Transportation Ended- And We Haven't Been Able to Keep up "'ith Our Maintenance Costs Since Current Funding Levels \ViII Cover Only 10% of Community's Transportation ~eeds For the Next 10 Years 34 The Pikes Peak Rural Transportation Authority A Solution? . The R T A proposal IS a dIrect result of cIhzen mvolvement and mput - Project LIst was drafted by citIzen groups . The Project LIst IS on the ballot and spells out exactly how the capItal funds must be spent . CItlzen oversIght IS an Important part of the process . Current fundmg levels for maintenance and transIt to rem am the same - RTA funds are addItIOnal funds . Fundmg dedIcated to local needs - highest accIdent & most congested mtersectlOns to be fixed first . No more than 1 % to the RT A admmIstratIOn and current elected offiCIals on the board 35 United Way's 2004 Community Survey (Results That Pertain to the Transportation Issues) . The Smgle Most Important Issue or Problem That Needs to Be Addressed In Our Commumty? #l Traffic #5 Streets/Roads/I-hghv. ays . For ThIS Issue, Is It CntIcal to Address It Now? 63% Yes . Would You Support or Oppose a 1 Cent Sales Tax Increase DedIcated to Roads m EI Paso County? 65 % Strongly or Somewhat Support 36 , l' ------- The Pikes Peak Rural Transportation Authority Comparison Of Tax Revenue Ten Front Range Counties - Per Capita $550 $500 $450 $400 $350 $300 $360 is the Average of the 9 Other Counties $250 El Paso is arS190 lrl.(', .... ~~ -.: ::N"";r.~"C~ __~ ~t-- eo:: \CJ .=:~, _'_ ~'_ :,.. 0 e r- E ~ :c r..: _ CL"'Tp "'::::"'T Q.I =~!::;..,.~ ~ Q.I ~ "t::C"" ..c c ~f:; =N ~N .Sr:-.!:~ -=~ ,,=~ ~~ [,...;- '" e.-. .~..... _,..-, <..... __ ",_ ttO _N =;:::, _N':;l,{") .:t,l.(', . Propert)' Tax Per Capita. Sales Tax Per Capita. Other Taxes ~ 0.... ~ '" " .... 0.. . '" ~~ Source lnlormatlOfl based on 2003 10 COWlfV DaLa Booi. 37 Revenue Needed & Programmed for Local kfaintenance to 2015 50 I I 3001 250 200 150 100 o $ millions 38 The Pikes Peak Rural Transportation Authority What About the FEDS? I Most Federal & State Transportation Funds Are Earmarked for Federal and State Highways State I Federal Revenue for Local Capital Improvements to 2015 $ millions - . Need 2015 I . Programmed Local . Programmed Fed o Programmed State I 39 Proposal Enjoys Support from All Political Parties and Both City and County Voters Initial Ballot by Party & Location 80% 73% 60% 40% 20% 0% Unaff Rep City Dem ~ Favor . Oppose County 40 21 The Pikes Peak Rural Transportation Authority Voters Prefer Expanding Roads as Traffic Solution "When you think about the transportation problems within Colorado Springs and El Paso County, which of the following solutions for decreasing traffic congestion would be most desirable to you?" 30 251 20 15 101 5 0 Expand Roads Vel')' Strong First Choice Support for Bus Service Amon YOUD and Old Voters IJ 1st Choice! . 2nd Choice Bus Service Synch. New Roads Improve Traffic Lights Intersections 41 70%1 60%1 SO%l 40% At the End of the Survey, Support Increased to 660h (+40/0) I TotalYes66% ~ I Undecided (4%) Moved to Support the I I Proposal 30% 20% 10% 0% Favor Oppose Undecided 42 2 The Pikes Peak Rural Transportation Authority November 2004 Election Results · 339,640 Registered Voters · 208,586 Registered Votes . 114,561 (54.92%) Voted "YES" · 94,025 (45.08%) Voted "N 0" "Landslide by El Paso County Standards" SAVE TIME. SAVE LIVES. - It's Here - How's It Working? · City and County struggled at first to undertake work without new staff - All contracted out · Some political hagglmg over accountability to the voter - lmtlal m1cromanagmg of contracts - Grandstandmg at C1t1zens Adv1sory Comrmttee meetmgs · Now settling in 44 The Pikes Peak Rural Transportation Authority It's Here - How's It Working? · Capital project budget / program - 151 year c0l111mtted - Next four years programmed · Maintenance - Asphalt producers rampmg up - Trucks have R T A logo · Transit - FIrst serVIce Improvements later thIS year - 80% serVIce Improvements by 2007 45 Is an RT A Right for Other Communities? Legitimate need for transportatIOn Improvements - Near cnSIS COndItIOn Commumty agreement on the problem Defined lIst of pro] ects & specIfic Improvements WIdespread commumty support Groups wIllIng to work, and work together Governments motIvated to cooperate Necessarv Conditions . . . . . . 46 The Pikes Peak Rural Transportation Authority Factors Influencing Voting Results How Did We Stack Up? ../ Traffic Congestion "Crisis" ../ Sponsorship By Business Community ../ Sponsorship By Key Elected ../ Fundraising Over $1 M ../ Recent Initiative Experience ../ Support From Environmental Groups ../ Multiple Transit Modes . Existing Transit Working - Questions? Craig Blewitt, AI CP cb lewitt@springsgOY.COill ../ Benefits Distributed - Regional ../ Sunset Provision Of 10yrs ../ Extensive Participation In Development Of Solution ../ General Election ../ Consultant With Initiative Campaign Experience ../ Use Of Direct Mail And TV Ads . Lack Of Effective Opposition 47 2 City of Wheat Ridge Office of the Deputy City Manager Memorandum STUDY SESSION Item 2. June 5. 2006 ~ ~", ~ FROM Mayor and City Council Randy Young, City Manage7-\' ~ ( . Patrick Goff, Deputy City Manager .-1 ~ . TO. THROUGH DATE May 31,2006 SUBJECT Transportation Infrastructure Funding Alternatives Attached IS a memorandum, dated May 22,2006, from the City Attorney's Office proViding a bnef descnptlon of certificates of partiCipatIOn (COPs). Staff is proposing the use of COPs as an additIOnal funding source to pay for transportation Improvements throughout the City. Staff will proVide a more detailed explanation at the study sessior of the use of COPs for the necessary pubhc Improvements for the Cabela's project. Randy Funk of Sherman & Howard (formerly of Gorsuch Klrgls), Alex Brown ofUBS Financial, Randy Young and Patrick Goff will be available for further diSCUSSIOn and questIOns. ~. MURRAY DA'-lL . ,. ...." KUs;;:C......,Ii;;:NM~15Tk:R RI;:NAUD LLP . 2401 15th Street SUlte 200 Denver Colorado 30:::0::: Phone 30349366-0 Fa-x .303 ...-- 0965 MEMORANDUM TO: Randy Young FROM: Gerald E. Dahl, Debra S Kalish, City Attorney's Office DATE: May 22, 2006 RE: Certificates of Participation, Basic Process Information As discussed in an earlier memorandum, certificates of participation ("COPs") are essentially lease-purchase agreements that are structured much like bond transactions. Colorado courts have found that COPs, because they are long-term leases subject to annual appropriations, do not constitute debt and are not subject to the election requirements of TABOR. COPs are used frequently and have become a viable municipal financing tool in financing projects with a viable reuse For example, if a city hall is financed with COPs and the annual appropriation is not approved, the trustee would be aware that the building could fairly easily be "redeveloped" as an office building and in that manner the investors could recoup their investments The proceeds from COPs are generally thought of as being used for a first use, such as financing the construction of a public building The Lakewood and Aurora city halls and the Webb Building were all financed with COPs Lakewood has also used COPs to finance its recreational facilities in public parks But COPs can also be used for a "second" use, much like using the proceeds from a second mortgage on a home to finance a child's college education For example, a city hall could be essentially refinanced with COPs and the proceeds used for another city project, such as an interchange The structure of the deal is generally either an outright conveyance or a long-term ground lease The term of the lease usually exceeds the term of the COPs by some reasonable number of years. For example, if the COPs are issued for 20 years, the term of the lease-purchase might be as much as 30 years This allows investors to recoup their investment in the situation in which the city fails to make the annual appropriation and provides a cushion for re-renting the property in that event. The documents needed for COPs may include . An outright conveyance or long-term ground lease Certificates of Participation, Basic Process Information May 22, 2006 Page 2 of 2 . A lease-purchase agreement . An indenture of trust . A disclosure document · Bond insurance - which can help lower the interest rate on the COPs Bond counsel is used to approve the documents and give an opinion regarding the tax exempt status of the COPs Underwriters are also frequently used to help structure the deal Once the deal is structured appropriately, the documents are presented to City Council for its approval. Because these are financial instruments related to a long-term installment purchase contract, rental or leasehold agreement, Section 12 9 of the City Charter requires they be approved by ordinance Disbursement of the funds are then made through the trustee. ,*UBS Investment Bank FBS SECURITIES LLC Municipal Securities Group 370 17th Street, Suite 4100 Denver, CO 80202 303/820-5129 Fax 303/820-5161 Memo June 5, 2006 to Mayor and City Council cc Randy Young from Alex Brown subject Proposed COP Issue Overview The nature of the transaction presented to CounCil for its consideration is typically referred to as a sale-leaseback or a lease-leaseback structure Under this arrangement, the financial value of an eXisting asset is transferred to another party for financial consideration, In the form of an upfront payment equal to the asset's value This approach is often used by local governments when the improvement is not compatible with a lease-purchase contract In this case, the improvements are transportation related and situated within and a public right-of-way A basic requirement under any lease purchase transaction IS that the Improvements can be repossessed In the event of lease nonpayment Because the Improvements are within the public right-of-way, this is not a practical enforcement mechanism for transportation related Improvements This type of financing is very similar to and often compared to a home equity loan The baSIS of the borrOWing is the value of an existing asset which can be used as collateral to secure a long term loan The proceeds of the loan are then used for another purpose The value of the asset used In the transaction is equal to the value of the project funded with the loan proceeds Therefore, the repayment costs IS equal to the value or cost of the Improvement which It is ultimate purpose of the transaction Repayment Obligation Under the plan before the Council, there are two aspects aSSOCiated with the responSibility or liability for the loan repayment First, the City will have the legal liability for repayment of the borrOWing No speCifiC tax will be pledged nor will the Council be authorized to Increase any tax In order to meet repayment reqUirements The Council will have the ability to use and apply any legally available funds for the purpose of meeting loan requirements. The second conSideration IS the intended source of repayment which are funds of the Long's Peak Metro District The City's borrOWing has been structured in such a UBS Investment Bank is a business group of UBS AG UBS Securities llC is a subsidiary of UBS AG '* DB S ~nav;ktment Page 2 of3 way that the District will be capable of transferring to the City each year amounts equal to annual debt service requirements The graph below compares the annual debt service requirements under the borrowing to the surplus revenues of the District available for reimbursing the City for these payments Projections of the available revenue are based on the developer's estimate of retail sales activity, which may be somewhat conservative Debt Service vs. Available Revenue :',SuC,:,,;O( --;-otdIISurplucA~= -DF DfS =C'-yr iOmo': ~,ooc uou 150u,00C ~ --- 1 000,000 soc uo:..: 2008 :C'C 2U'L .'C14 ::016 .'(~n:; Li)Li: 202.;: 202L 202" Debt Service vs. Available Revenue L 500 GOO -T8''',:'<;lI'plu~A!;jr, :: JP [II~ '; il d:l0lt 1 sca IIUD ~ ---- 2,nuo Q()U '0<:0000 son I)UU 2208 20C9 201 ..!U 1 ill,,,: L'r':: 2014 -'~''1 .!()h 2C'7 2::,8 20':1 ,-_L l021 ~r;L:o' Impact on Total Debt Costs One pOSitive consequence from thiS arrangement IS the decrease In total debt service expenditures for the various public improvements required for thiS proJect. Because the City has a much higher grade credit rating than the District, ItS cost of funds is substantially below the Interest rate paid by the District for ItS borrOWings The bar chart below compares total debt service costs over the term of all debt Issued first assuming all funds are borrowed by the District and, second, uSing the combined structure that Includes a City borrowing The lower interest expense reduces total debt repayment from project related revenues by $5 2mm UBS Investment Bank is a business group of UBS AG UBS Securities lLC is a subsidiary of UBS AG *UBS Investment Bank Page 3 of 3 Aggregate Debt Service 25000000 D 20000000 lS 000 000 10,000 000 5 000 000 2006 At.B lOP', Annual debt payments vary by the option selected as shown below Annual Debt Service Comparison 11.20U,OOU lJh 2, 'ir t>..mor, -':OPs 15,: t\.moc' -:::Ur t 1800,000 L 11 UOO,OOO 1600,000 1400,000 1200, UOO lu 2007 2010 2013 2ulb 201Y 20)' )u25 2028 20<1 2034 2037 Safeguards for the City The financing can be designed to include certain safeguards for the benefit of the City First, the borrOWing would not be consummated until clear eVidence IS available demonstrating that the developers are proceeding with the construction of retail facilities The City's financing will not be done on a prospective baSIS, it will follow a pOint In time when the developers have made a commitment to proceed with construction of the retail facilities Second, the proceeds of the City's financing will be used for transportation improvements which will have value to the community even If the retail project fails to reach completion The value will be in the form of transportation Improvements to an existing intersection Impacted by congestion and current Inadequate design features Third, even after the transaction is completed, there will be a right for the City to collapse the financing If the project IS halted or suspended prior to expenditure of some or all of the borrowing proceeds. It is anticipated that the District or the developer would be liable to the City for proceeds spent from the borrowing UBS Investment Bank is a business group of UBS AG UBS Securities lLC is a subsidiary of UBS AG 1_ 0 nlid -'\. .,nue EM" ':)I)I:;ell'Ji 2,;;"::1,,.,111 ;: " i '< ii Y.! ~ Mod" .lC.E..,C . ,,:t!\ l..."dir~36$. _ .tAt" 3liC '."J"i'!'O _ "O\o~gl!el(\ \'j(\e~,ng _ caeel;> D',e _ 1.7C' 3Z~(\ -\00'- Rar"\;~ _ S..,!3 Olan~n(\ _ 1.7C' Sl"I 5e InlefC\"lange U~'~l"-=: ,;,,:r...., t,,,,," ,..,.....0".'.'."".".... ",. ,..w'''''''' ...,..,,, ,"- ..l;. m ,i 4 ~ 'f.I li~'M Apple ",,!lad Centel 32nd Ave )<' .. ~ -, ~1 m ,~ 4 ":l '. rr. .~ I> ~ a ~1 Ploposed .i.ction cost Segl eg.lfion ,~ '. \ , City Sales City District District Waived Tota\ Tax == 3.0% Share Share P\F Tax Tax & p\F During Payment of 1 .00/0 1.20/0 1 .40/0 0.80/0 3.60/0 Sa\es Tax & P\F Bonds After Sa\es Tax Bonds 2.00/0 o .00/0 1 .50/0 1.00/0 3.50/0 Expire After P\F Bonds 3.00/0 o .00/0 o .00/0 o .00/0 3.00/0 Expire Longs Peak District Local Tax & PlF Rates pro' ect f\nanc\n $'\73.6 MUllon - lota\ proiect $42. ~ Million - cabela's $4.5 Million - wneat Ridge $4.3 Million - laxable Bonds $76.3 Million - laX E.xetnpt Bonds \ c\t'j sa\es ,aX'" 30/0 ~O/o ~O/o $46.2 Million - plf l~ .4%) $30. ~ Million - Cit'; sales I axl ~ .2% ) ~ % ~ $46.4 Million - otner Sources $~4.4 Million _ Phased Improvements $~3.0 Milflon - COOl $~O.O Million - Jefferson CounW $9.0 Million _ federal Government Lv Project Financing $76.3 Million - Tax Exempt Bonds $46.2 Million - PIF (1.40/0) $30.1 Million $20.0 Million - Sales Tax (1.20~) $10.0 Million - Excess PIF & Sales Tax Bond Revenue Excess 555 \ \ \...0 \~ o \~ ''tw \ \ \ '- Citv Re"e ue 1.4% p\F 1.2% CS" coP aonds aonds 1en1"\ 40 Years 25 Years ~ 5 '(ears CitV sef'/iCes & pr\ocipa\ $46.0 M $20.0 M $~O.O M cannibalization oebt se{'\/\ce $2.8M $~.5M $950 K \nterest 5.5% 5.5% 4.5% Certificates of Participation [- l III ----1 Gr,"lmcJ T CJSC ."f fJciI itics Lessor (TBD) ~ lra....t.' -\!!l"t.:t.'IllL'lIt ti'r 1.t....dUtl.... Trust Indenture \ C0i Fun ;, rrustcc . \ )1 11,)11'\ I 'I,j' 1'1, . , ('crtIJlcalc Purchascf'; Basic A~reements Gf()und Lease - City leases existing City-owned facilities to Lessor Lease Agreement - Lessor leases facilities back to City under annual appropriation lease agreement 1 rust Indenture - Right of Lessor to receive payments from City assigned to Trustee Certi ficate Purchase Agreement - Undivided interest in right to payments under Lease Agreement sold 1ll Certificate Purchasers Disclosure Document - To disclose terms and risks 645396 J BUS_RE ~~ tlt 0'1 S-ES;;(o IV cD!S!O 6 /vo7E:S '\ '\ l c: ') " '-1-'/ " ,,'f ~ \.. \ Cl$ \ (I "\ \ \ ~!JA J\jl)f) X,i Cl2i~ '1 1\ BtS!::-,JJ/ )(11/\J L) "1 1~l1i~1 C Ix(- H \ kE- I kfJA I iJ E-A fJ I LA j(J(>'1 j 1<;1 12L~ ( kAlc uL, I/A \lV( Cf\litll(I~A I Jc:jLH,L! 1)1 T~LL( U -,] E )L)2V\ OA H L J , (2 -"i AJ 01 ($, }J k I AI7~' II S~cIL \~IA Iv X tIc vJ!\ LI) ~ A / ,r:: v ' /1 n I I 1 I ., ---, ~L.----/\ P LJ v\j iJ F Iv I Ill) G iSD \~- J 0~ LeA- ) PevfO'8t ,ji" G&~)~cI (ch..), '::::\"11\."','\01 ! \j 'leX Iv \i'-'<- <.1, C c IV1~! (Il '-' (-J)~vktl n '\'--V\~', __! ')-zrJt-y;c~ I )J07 ,?) fl- ((v G T v ilk s, -(l {LeA YeI / Iv G, ili'''l( Vfl I ~,Jc+-- '--" ~\' ~It-U" j cc " '- "u I 7 () ST U Iff' -~-'S)6q ~ 0'Y'-J ~J.,,,J~ C\l\ C~.D-::n~ (\ 0 ~!'v yC-!' :1Rc\ CC'-v'~fJ'-\, I~TA I I '\ \ I' j k-- ' / - I., !) , ,L:n 11 -: .,: / f I) ;--t'_n , \ '--h i "',1 l. m+ LQ Iv\ /f--cn ( 0 YVYl --'P 1'-1' L, 'v - \.( :' I "~v Y I -v I _)', C .J i \, J ,- '1':.:'./ '~, ~-\1Y-y \ 0C:D. 'e 'J-.,,--cv,h 1 It- I>G~ R C \ ,-(,,-,, Vw \' r'. G/\-\'--~, /.''V'Ci clruj':r {~ ~. I rU (~HVY~'"~\ ,'"' ) \ \ J .' - J I H'., t' (-~ 'I iLQ '~'0 '2. - Yi'~: ~J,...-" v c.-'l- c-, ' I~ ,/, , i -, -j \c"-- \ ;', \ \ '. . , , "" n V i -- \ ~ I-\( I JL '''2:'' \.}J - I U I) I Li.,y '~~I' v\ 1', : ~-----: WJ;/) J _ -'4., ,'LA-" G I rev"< L dr";~ r!lJ '1, A-\~ _ wi' 70cf ~.~ , -- ()\,c\ ~~\I\1 ~ l'v\ ~\'j 0 City of Wheat Ridge Office of the Mayor & City Council Memorandum TO: Mayor & City Council FROM: Deputy City Manager Patnck Goff; Pam Anderson, City Clerk DATE: May 25, 2006 SUBJECT: FYI: Colorado Clean Indoor Air Act Attached please find fact sheets and overview for the implementation of the Colorado Clean Air Act 2006 which will go into effect on July 1, 2006. A draft ordinance will be coming before City Council for Wheat Ridge code compliance With the act. A copy of the legislation is also attached. For more information, please visit www.smokefreecolorado org pa:pa Declares that the purpose of the act is to preserve and improve the health, comfort, and environment of Colorado residents limiting exposure to tobacco smoke. Requires Indoor Areas to be Smoke-Free Including but not limited to: . Public places and buildings such as elevators, restrooms, theaters, museums, libraries, schools, educational institutions, retirement facilities and nursing homes . Lobbies, reception areas, hallways, and any other common-use areas . Any place of employment not exempted . Restaurants, bars, limited gaming facilities, billiard or pool halls, bowling alleys, grocery stores, and any food service establishment . Indoor sports arenas, gymnasiums, and auditoriums . Health care facilities, hospitals, health care clinics, doctor's offices, and child day-care facilities . No less than 75% of hotel or motel sleeping Quarters rented to guests . Jury waiting and deliberation rooms, courtrooms, and public meetings . Government-owned mass transportation of any kind Entryway . Entryways of establishments covered by this law must be smoke-free. . "Entryway" means the outside of the front or main doorway leading into a building. Entryway also includes the area of a public or private property within a specified radiUS outside of the doorway The specified radius shall be determined by the local authority or, if the local authority has not acted, the specified radius shall be 15 feet. . A local authority may specify a radius of less than 15 feet for the area included within an entryway Exemptions . Private homes, residences, and automobiles unless being used for child care or day care. . Limousines under private hire . Up to 25% of rented hotel or motel rooms . Retail tobacco businesses . An establishment that met the definition of a "cigar-tobacco bar," as of December 31,2005 . The outdoor area of any business, eXCluding entryways as described above . The retail floor plan of casinos . Fully enclosed and independently ventilated airport smoking concessions at Denver International Airport . Employers with three or fewer employees who do not allow access to the public . A private, non-residential building on a farm or ranch that 'has an annual gross income of less than $500,000 -over- Penalties A violation of this law is a Class 2 Petty Offense. . It IS unlawful for a person who owns, manages, operates. or otherwise controls the use of a premises subject to this law to violate any provisions of this law. . It is unlawful for a person to smoke in an area where smoking is prohibited by this law. . 1st violation within a calendar year - $200 fine . 2nd violation within a calendar year - $300 fine . 3rd violation within a calendar year - $500 fine Each day of a continuing violation shall be deemed a separate violation. Enforcement . This law will be enforced by local authorities. For a copy of the law, go to: www.SmokeFreeColorado.org Cigar-Tobacco Bar Exemption The Colorado Clean Indoor Air Act exempts "Cigar-Tobacco Bars" from the smoking restrictions. A Cigar-Tobacco Bar is defined as: . "'Cigar-Tobacco Bar' means a bar that, in the calendar year ending December 31,2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31,2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition, regardless of sales figures." The law goes on to say: . "A cigar-tobacco bar shall not expand its size or change its location from the size and location In whIch it existed as of December 31, 2005." . In any calendar year after December 31,2005, a bar that fails to generate at least 5% of its total annual gross income or $50,000 in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "Cigar-Tobacco Bar" and shall not thereafter be Included in the definition regardless of sales figures. ... _..__.h_."..._ ..h._ ...h_... _. ...__.. .hU' ..h_ --."-- Key points: . To be included in the definition of a "cigar-tobacco bar," a business must have met this definition as of December 31, 2005 . Sales from vending machines do not count toward the 5% total annual income or $50,000 threshold. . An establishment cannot change their license just to fit under this definition. .___..........._.....___....._n...._...........___......._.. For a copy of the law, go to: www.SmokeFreeColorado.org NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. o ---.-/" -- ~ ~~ - HOUSE BILL 06-1175 BY REPRESENT A TIVE(S) May M and Pommer, Larson, Balmer, Benefield, Berens, Boyd, Carroll T., Frangas, Hall, Lmdstrom, McCluskey, McGihon, Riesberg, Soper, Stengel, SullIvan, Todd, VIgll, Borodkm, Plant, Coleman, Green, Marshall, MerrIfield, and Romanoff; also SENA TOR(S) Grossman and Evans, Fltz-Gerald, Groff, Johnson, Tupa, Wmdels, Gordon, Shaffer, VeIga, and WIllIams. CONCERNING ENACTMENT OF THE "COLORADO CLEAN INDOOR AIR ACT", AND, IN CONNECTlO"i THEREWITH, PROHIBITING SMOK1NG IN INDOOR ENCLOSED AREAS, INCLUDING PLACES OF EMPLOYMENT. Be it enacted by the General Assembly of the State of Colorado. SECTION 1. ArtIcle 14 of tltle 25, Colorado RevIsed Statutes, IS amended BY THE ADDITION OF A NEW PART to read: PART 2 COLORADO CLEAN INDOOR AIR ACT 25-14-201. Short title. THIS PART 2 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO CLEAN INDOOR AIR ACT". 25-]4-202. Legislative declaration. THE GENERAL ASSEMBLY Capilallellers Indicale new material added 10 exisling Slalules. dashes Ihrough words indicale delelions from exisllng slalUles and such malerial nol pari of acl. HEREBY FlNDS AND DETERMINES THAT IT IS IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE TO PROTECT NONSMOKERS FROM INVOLUNTARY EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE IN MOST INDOOR AREAS OPEN TO THE PUBLIC, PUBLIC MEETINGS, FOOD SERVICE ESTABLISHMENTS, AND PLACES OF EMPLOYMENT. THE GENERAL ASSEMBLY FURTHER FINDS AND DETERMINES THAT A BALANCE SHOULD BE STRUCK BETWEEN THE HEALTH CONCERNS OF NONCONSUMERS OF TOBACCO PRODUCTS AND THE NEED TO MINIMIZE UNWARRANTED GOVERNMENTAL INTRUSION INTO, AND REGULATION OF, PRIV ATE SPHERES OF CONDUCT AND CHOICE WITH RESPECT TO THE USE OR NONUSE OF TOBACCO PRODUCTS IN CERTAIN DESIGNATED PUBLIC AREAS AND IN PRIVATE PLACES. THEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE PURPOSE OF THIS PART 2 IS TO PRESERVE A."lD IMPROVE THE HEALTH, COMFORT, AND ENVIRONMENT OF THE PEOPLE OF THIS STATE BY LIMITING EXPOSURE TO TOBACCO SMOKE. 25-14-203. Definitions. As USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES ( \) "AIRPORT SMOKING CONCESSION" MEANS A BAR OR REST A URANT, OR BOTH, IN A PUBLIC AlRPORTWITH REGULARLY SCHEDULED DOMESTIC AND INTERNATIONAL COMMERCIAL PASSENGER FLIGHTS, IN WHICH BAR OR RESTAURANT SMOKlNG IS ALLOWED IN A FULLY ENCLOSED AND INDEPENDENTLY VENTILATED AREA BY THE TERMS OF THE CONCESSION. (2) "AUDITORIUM" MEANS THE PART OF A PUBLIC BUILDING WHERE AN AUDIENCE GATHERS TO ATTEND A PERFORMANCE, AND INCLUDES ANY CORRIDORS, HALL WAYS, OR LOBBIES ADJACENT THERETO (3) "BAR" MEANS ANY INDOOR AREA THAT IS OPERATED AND LICENSED UNDER ARTICLE 47 OF TITLE \2, C.R.S , PRIMARlLY FOR THE SALE AND SERVICE OF ALCOHOL BEVERAGES FOR ON-PREMISES CONSUMPTION AND WHERE THE SERVICE OF FOOD IS SECONDARY TO THE CONSUMPTION OF SUCH BEVERAGES. (4) "CIGAR-TOBACCO BAR" MEANS A BAR THAT, IN THE CALENDAR YEAR ENDING DECEMBER 31, 2005, GENERATED AT LEAST FIVE PERCENT OR MORE OF ITS TOT AL ANNUAL GROSS INCOME OR FIFTY THOUSAND DOLLARS IN ANNUAL SALES FROM THE ON-SITE SALE OF TOBACCO PRODUCTS AND THE RENT AL OF ON-SITE HUMIDORS, NOT INCLUDING ANY SALES FROM VENDING MACHINES. IN ANY CALENDAR YEAR AFTER DECEMBER 3\, 2005, A BAR PAGE 2-HOUSE BILL 06-1175 THAT FAlLS TO GENERATE AT LEAST FIVE PERCENT OF ITS TOTAL ANNUAL GROSS INCOME OR FIFTY THOUSAND DOLLARS IN ANNUAL SALES FROM THE ON-SITE SALE OF TOBACCO PRODUCTS AND THE RENTAL OF ON-SITE HUMIDORS SHALL NOT BE DEFINED AS A "CIGAR-TOBACCO BAR" AND SHALL NOT THEREAFTER BE INCLUDED IN THE DEFINITION REGARDLESS OF SALES FIGURES. (5) (a) "EMPLOYEE" MEANS ANY PERSON WHO: (1) PERFORMS ANY TYPE OF WORK FOR BENEFIT OF ANOTHER IN CONSIDERA TION OF DIRECT OR INDIRECT WAGES OR PROFIT; OR (II) PROVIDES UNCOMPENSATED WORK OR SERVICES TO A BUSINESS OR NONPROFIT ENTITY. (b) "EMPLOYEE" iNCLUDES EVERY PERSON DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (5), REGARDLESS OF WHETHER SUCH PERSON IS REFERRED TO AS AN EMPLOYEE, CONTRACTOR, INDEPENDENT CONTRACTOR, OR VOLUNTEER OR BY ANY OTHER DESIGNA nON OR TITLE. (6) "EMPLOYER" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, CORPORATION, OR NONPROFIT ENTITY THAT EMPLOYS ONE OR MORE PERSONS. "EMPLOYER" INCLUDES, WITHOUT LIMITA TION, THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT; ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN,ORINSTRUMENT ALITY THEREOF,ORAN'r OTHER POLITICAL SUBDIVISION OF THE STATE, SPECIAL DISTRICT, AUTHORITY, COMMISSION, OR AGENCY, OR ANY OTHER SEPARATE CORPORA TE INSTRUMENTALITY OR UNIT OF ST A TE OR LOCAL GOVERNMENT (7) "ENTRYWA Y" MEANS THE OUTSIDE OF THE FRONT OR MAIN DOORWAY LEADING INTO A BUILDING OR FACILITY THAT IS NOT EXEMPTED FROM THIS PART 2 UNDER SECTION 25-14-205 "ENTRYWA Y" ALSO INCLUDES THE AREA OF PUBLIC OR PRIVATE PROPERTY WITHIN A SPECIFIED RADIUS OUTSIDE OF THE DOOR WAY THE SPECIFIED RADIUS SHALL BE DETERMINED BY THE LOCAL AUTHORITY OR, IF THE LOCAL AUTHORITY HAS NOT ACTED, THE SPECIFIED RADIUS SHALL BE FIFTEEN FEET. (8) "ENVIRONMENTAL TOBACCO SMOKE", "ETS",OR "SECONDHAND SMOKE" MEANS THE COMPLEX MIXTURE FORMED FROM THE ESCAPING SMOKE OF A BURNING TOBACCO PRODUCT, ALSO KNOWN AS "SIDESTREAM SMOKE", PAGE 3-HOUSE BILL 06-1175 AND SMOKE EXHALED BY THE SMOKER. (9) "FOOD SERVICE ESTABLISHMENT" MEANS ANY INDOOR AREA OR PORTION THEREOF IN WHICH THE PRlNCIPAL BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES CONSUMPTION. THE TERM INCLUDES, WITHOUT LIMIT A TION, RESTAURANTS, CAFETERIAS, COFFEE SHOPS, DINERS, SANDWICH SHOPS, AND SHORT -ORDER CAFES. (10) "INDOOR AREA" MEANS ANY ENCLOSED AREA OR PORTION THEREOF THE OPENING OF WINDOWS OR DOORS, OR THE TEMPORARY REMOV AL OF WALL PANELS, DOES NOT CONVERT AN INDOOR AREA INTO AN OUTDOOR AREA. (11) "LOCAL AUTHORlTY" MEANS A COUNTY, CITY AND COUNTY, CITY, OR TOWN (12) "PLACE OF EMPLOYMENT" MEANS ANY INDOOR AREA OR PORTION THEREOF UNDER THE CONTROL OF AN EMPLOYER IN WHICH EMPLOYEES OF THE EMPLOYER PERFORM SERVICES FOR, OR ON BEHALF OF, THE EMPLOYER. (13) "PUBLIC BUILDING" MEANS ANY BUILDING OWNED OR OPERA TED BY (a) THE STATE, INCLUDING THE LEGISLATIVE, EXECUTIVE, AND JUDIClAL BRANCHES OF ST ATE GOVERNMENT; (b) ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, OR INSTRUMENT ALlTY THEREOF, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, A SPECIAL DlSTRlCT, AN AUTHORITY, A COMMISSION, OR AN AGENCY, OR (c) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF STATE OR LOCAL GOVERNMENT. (14) "PUBLIC MEETING" MEANS ANY MEETING OPEN TO THE PUBLIC PURSUANT TO PART 4 OF ARTICLE 6 OF TITLE 24, CR.S., ORANY OTHER LAW OF THIS ST ATE. (15) "SMOKE-FREE WORK AREA" MEANS AN INDOOR AREA IN A PLACE PAGE 4-HOUSE BILL 06-1175 OF EMPLOYMENT WHERE SMOKING IS PROHIBITED UNDER THIS PART 2. (16) "SMOKING" MEANS THE BURNING OF A LIGHTED CIGARETTE, CIGAR, PIPE, OR ANY OTHER MATTER OR SUBSTANCE THAT CONTAINS TOBACCO. (17) "TOBACCO" MEANS CIGARETTES, CIGARS, CHEROOTS, STOGIES, AND PERlQUES, GRANULATED, PLUG CUT, CRIMP CUT, READY RUBBED, AND OTHER SMOKING TOBACCO, SNUFF AND SNUFF FLOUR; CA VENDlSH; PLUG AND TWIST TOBACCO, FINE-CUT AND OTHER CHEWING TOBACCO; SHORTS, REFUSE SCRAPS, CLIPPINGS, CUTTINGS, AND SWEEPINGS OF TOBACCO; AND OTHER KINDS AND FORMS OF TOBACCO, PREPARED IN SUCH MANNER AS TO BE SUITABLE FOR CHEWING OR FOR SMOKING IN A CIGARETTE, PIPE, OR OTHERWISE, OR BOTH FOR CHEWING AND SMOKING. "TOBACCO" ALSO INCLUDES CLOVES AND ANY OTHER PLANT MATTER OR PRODUCT THAT IS PACKAGED FOR SMOKING (18) "TOBACCO BUSI"lESS" MEANS A SOLE PROPRlETORSHIP, CORPORA TlON, PARTNERSHIP, OR OTHER ENTERPRlSE ENGAGED PRlMARlL Y IN THE SALE, MANUFACTURE, OR PROMOTION OF TOBACCO, TOBACCO PRODUCTS, OR SMOKING DEVICES OR ACCESSORlES, EITHER AT WHOLESALE OR RETAIL, AND IN WHICH THE SALE, MANUFACTURE, OR PROMOTION OF OTHER PRODUCTS IS MEREL Y INCIDENTAL. (19) "WOlU- AREA" MEANS AN AREA IN A PLACE OF EMPLOYMENT WHERE ONE OR MORE EMPLOYEES ARE ROUTINELY ASSIGNED AND PERFORM SERVICES FOR OR ON BEHALF OF THEIR EMPLOYER. 25-14-204. General smoking restrictions. (I) EXCEPT AS PROVIDED IN SECTION 25-14-205. AND IN ORDER TO REDUCE THE LEVELS OF EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY INDOOR AREA, INCLUDING, BUT NOT LIMITED TO (a) PUBLIC MEETING PLACES; (b) ELEVATORS; (c) GOVER.\lMENT-OWNED OR -OPERATED MEANS OF MASS TRANSPORTATION, INCLUDING, BUT NOT LIMITED TO, BUSES, VANS, AND PAGE 5-HOUSE BILL 06-1175 TRAlNS; (d) T AXlCABS AND LlMOUSINES; (e) GROCERY STORES, (f) GYMNASIUMS; (g) JURY WAITING AND DELIBERATION ROOMS, (h) COURTROOMS; (i) CHILD DAY CARE FACILITIES; (j) HEALTH CARE FACILITIES INCLUDING HOSPITALS, HEALTH CARE CLINICS, DOCTOR'S OFFICES, AND OTHER HEALTH CARE RELA TED FACILITIES, (k) (I) ANY PLACE OF EMPLOYMENT THA T IS NOT EXEMPTED. (II) IN THE CASE OF EMPLOYERS WHO OWN FACILITIES OTHERWISE EXEMPTED FROM THIS PART 2, EACH SUCH EMPLOYER SHALL PROVIDE A SMOKE-FREE WORK AREA FOR EACH EMPLOYEE REQUESTING NOT TO HAVE TO BREATHE ENVIRONMENTAL TOBACCO SMOKE. EVERY EMPLOYEE SHALL HA VE A RlGHT TO WORK IN AN AREA FREE OF ENVIRONMENTAL TOBACCO SMOKE. (I) FOOD SERVICE ESTABLISHMENTS; (m) BARS; (n) LIMITED GAMING FACILITIES AND ANY OTHER FACILITIES IN WHICH ANY GAMING OR GAMBLING ACTIVITY IS CONDUCTED; (0) INDOOR SPORTS ARENAS; (p) RESTROOMS, LOBBIES, HALL WAYS, AND OTHER COMMON AREAS IN PUBLIC AND PRlVATE BUILDINGS, CONDOMINIUMS, AND OTHER MULTIPLE-UNIT RESIDENTIAL FACILITIES; (q) RESTROOMS, LOBBIES, HALL WAYS, AND OTHER COMMON AREAS PAGE 6-HOUSE BILL 06-1175 ~ IN HOTELS AND MOTELS, AND IN AT LEAST SEVENTY-FIVE PERCENT OF THE SLEEPING QUARTERS WITHIN A HOTEL OR MOTEL THAT ARE RENTED TO GUESTS; (r) BOWLING ALLEYS; (s) BILLIARD OR POOL HALLS; (t) FACILITIES IN WHICH GAMES OF CHANCE ARE CONDUCTED; (u) THE COMMON AREAS OF RETIREMENT FACILITIES, PUBLICLY O\VNED HOUSING FACILITIES, AND NURSING HOMES, NOT INCLUDING ANY RESIDENT'S PRlVA TE RESIDENTIAL QUARTERS; (v) PUBLIC BUILDINGS; (w) AUDITORlA; (x) THEATERS; (y) MUSEUMS; (z) LIBRARlES, (aa) To THE EXTENT NOT OTHERWISE PROVIDED IN SECTION 25-14-] 03 5, PUBLIC AND NONPUBLlC SCHOOLS, (bb) OTHER EDUCATIONAL AND VOCATIONAL INSTITUTIONS, AND (cc) THE ENTRYWA YS OF ALL BUILDINGS AND FACILITIES LISTED IN PARAGRAPHS (a) TO (bb) OF THIS SUBSECTION (]) (2) A CIGAR-TOBACCO BAR SHALL 'JOT EXPAND ITS SIZE OR CHANGE ITS LOCATION FROM THE SlZE AND LOCATION IN WHICH IT EXlSTED AS OF DECEMBER 3],2005 A CIGAR- TOBACCO BAR SHALL DISPLA Y SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE AND AT LEAST FOUR INCHES BY SIX INCHES IN SlZE ST A TING "SMOKING ALLOWED CHILDREN UNDER EIGHTEEN YEARS OF AGE MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN." 25-14-205. Exceptions to smoking restrictions. (I) THIS PART 2 PAGE 7-HOUSE BILL 06-1175 SHALL NOT APPLY TO: (a) PRIVATE HOMES, PRIVATE RESIDENCES, AND PRIVATE AUTOMOBILES; EXCEPT THAT THIS PART 2 SHALL APPLY IF ANY SUCH HOME , RESIDENCE, OR VEHICLE IS BEING USED FOR CHILD CARE OR DA Y CARE OR IF A PRIVATE VEHICLE IS BEING USED FOR THE PUBLIC TRANSPORTATION OF CHILDREN OR AS PART OF HEALTH CARE OR DA Y CARE TRANSPORTATION, (b) LIMOUSINES UNDER PRIV ATE lURE; (c) A HOTEL OR MOTEL ROOM RENTED TO ONE OR MORE GUESTS IF THE TOTAL PERCENTAGE OF SUCH HOTEL OR MOTEL ROOMS IN SUCH HOTEL OR MOTEL DOES NOT EXCEED TWENTY-FIVE PERCENT; (d) ANY RETAIL TOBACCO BUSINESS; (e) A CIGAR-TOBACCO BAR; (t) AN AIRPORT SMOKING CONCESSION, (g) THE OUTDOOR AREA OF ANY BUSINESS; (h) A PLACE OF EMPLOYMENT THA T IS NOT OPEN TO THE PUBLIC AND THA T IS UNDER THE CONTROL OF AN EMPLOYER THAT EMPLOYS THREE OR FEWER EMPLOYEES, (I) A PRIV ATE, NONRESIDENTIAL BUILDING ON A FARM OR RANCH. AS DEFINED IN SECTION 39-1-1 02, CR.S., THAT HAS ANNUAL GROSS INCOME OF LESS THAN FIVE HUNDRED THOUSAND DOLLARS, OR U) THE RETAIL FLOOR PLAN, AS DEFINED IN SECTION 12-47.1-509, C R.S., OF A LICENSED CASINO 25-14-206. Optional prohibitions. (1) THE OWNER OR MANAGER OF ANY PLACE NOT SPEClFICALL Y LISTED IN SECTION 25-14-204, INCLUDING A PLACE OTHERWISE EXEMPTED UNDER SECTION 25-14-205, MAY POST SIGNS PROHIBITING SMOKING OR PROVIDING SMOKING AND NONSMOKING AREAS. SUCH POSTING SHALL HA VE THE EFFECT OF INCLUDING SUCH PLACE, OR THE DESIGNATED NONSMOKING PORTION THEREOF, IN THE PLACES WHERE SMOKING IS PROHIBITED OR RESTRICTED PURSUANT TO THIS PART 2. PAGE 8-HOUSE BILL 06-1175 (2) IF THE OWNER OR MANAGER OF A PLACE NOT SPECIFICALLY LISTED IN SECTION 25-]4-204, INCLUDING A PLACE OTHERWISE EXEMPTED UNDER SECTION 25-]4-205, IS AN EMPLOYER AND RECEIVES A REQUEST FROM AN EMPLOYEE TO CREATE A SMOKE-FREE WORK AREA AS CONTEMPLATED BY SECTION 25-14-204 (I) (k) (II), THE OWNER OR MANAGER SHALL POST A SIGN OR SIGNS IN THE SMOKE-FREE WORK AREA AS PROVIDED IN SUBSECTION (]) OF THIS SECTION. 25-14-207. Other applicable regulations of smoking - local counterpart regulations authorized. (I) THIS PART 2 SHALL NOT BE INTERPRETED OR CONSTRUED TO PERMIT SMOKlNG WHERE IT IS OTHERWISE RESTRICTED BY ANY OTHER APPLICABLE LAW. (2)(a) A LOCAL AUTHORITY MAY, PURSUANT TO ARTICLE ]60FTITLE 3], C.R.S , A MUNICIPAL HOME RULE CHARTER, OR ARTICLE] 5 OF TITLE 30, C.R.S., ENACT, ADOPT, AND ENFORCE SMOKlNG REGULATIONS THAT COVER THE SAME SUBJECT MATTER AS THE VARIOUS PROVISIONS OF THIS PART 2 No LOCAL AUTHORITY MAY ADOPT ANY LOCAL REGULATION OF SMOKlNG THA T IS LESS STRINGENT THAN THE PROVISIONS OF THIS PART 2; EXCEPT THA T A LOCAL AUTHORITY MAY SPECIFY A RADIUS OF LESS THAN FIFTEEN FEET FOR THE AREA INCLUDED WITHIN AN ENTRYWA I' (b) THE MUNICIPAL COURTS OR THEIR EQUIVALENT IN ANY CITY, CITY AND COUNTY, OR TOWN HAVE JURISDICTION OVER VIOLATIONS OF SMOKlNG REGULATIONS ENACTED BY ANY CITY, CITy AND COUNTY, OR TOWN UNDER THIS SECTION 25-14-208. Unlawful acts - penalty - disposition of fines and surcharges. (I) IT IS UNLAWFUL FOR A PERSON WHO OWNS, MANAGES, OPERATES, OR OTHERWISE CONTROLS THE USE OF A PREMISES SUBJECT TO THIS PART 2 TO VIOLATE ANY PROVISION OF THIS PART 2. (2) IT IS UNLAWFUL FOR A PERSON TO SMOKE IN AN AREA WHERE SMOKlNG IS PROHIBITED PURSUANT TO THIS PART 2 (3) A PERSON WHO VIOLATES THIS PART 2 IS GUILTY OF A CLASS 2 PETTY OFFENSE AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS FOR A FIRST VIOLATION WITHIN A CALENDAR YEAR, A FINE NOT TO EXCEED THREE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A CALENDAR YEAR, AND A FINE PAGE 9-HOUSE BILL 06-1175 NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH ADDITIONAL VIOLATION WITHIN A CALENDAR YEAR. EACH DAY OF A CONTINUING VIOLATION SHALL BE DEEMED A SEPARATE VIOLATION (4) ALL JUDGES, CLERKS OF A COURT OF RECORD, OR OTHER OFFICERS IMPOSING OR RECEIVING FINES COLLECTED PURSUANT TO OR AS A RESULT OF A CONVICTION OF ANY PERSONS FOR A VIOLATION OF ANY PROVISION OF THIS PART 2 SHALL TRANSMIT ALL SUCH MONEYS SO COLLECTED IN THE FOLLOWI:-.IG MANNER: (a) SEVENTY-FIVE PERCENT OF ANY SUCH FINE FOR A VIOLATION OCCURRING WITHIN THE CORPORATE LIMITS OF A CITY, TOWN, OR CITY AND COUNTY SHALL BE TRANSMITTED TO THE TREASURER OR CHIEF FINANCIAL OFFICER OF SAID CITY, TOWN, OR CITY AND COUNTY, AND THE REMAINING TWENTY -FIVE PERCENT SHALL BE TRANSMlTTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE GENERAL FUND. (b) SEVENTY -FIVE PERCENT OF ANY FINE FOR A VIOLA TIO:--i OCCU RRING OUTSIDE THE CORPORATE LlMITS OF A CITY OR TmVN SHALL BE TRANSMITTED TO THE TREASURER OF THE COUNTY IN WHICH THE CITI OR TOWN IS LOCATED, AND THE REMAINING TWENTY -FIVE PERCENT SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE GENERAL FUND 25-14-209. Severability. IF ANY PROVISION OF THIS PART 2 OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMST ANCE IS HELD INV ALlD, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLlCA TIO:--iS OF THIS PART 2 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALlD PROVISION OR APPLICA TlON, AND TO THIS END THE PROVISIONS OF THIS PART 2 ARE DECLARED TO BE SEVERABLE. SECTION 2. Repeal. 25-14-101, Colorado ReVised Statutes, IS repealed as follows. 25-14-101. Legislative declaration. Tile gellc,al a;''''''i,Lly l.c,,,by d"c1a,,:.;, that tlll~ "wok-HIe uf tuLa""o 01 ally vtl,,,[ plaht 01 ",,,cd ulIJe, C."lt<'lIH c.ul,d,t,OH5 I" a wattc.1 ofpubl,c. C.OIlC.CIlJ and tl,at w OIJ(., to protec.t th" puLl,,, l,,,alll,, 5afdy, "ad ",dfalC. ,t I" H(."'~"alY to c.olIt,ol "u,,1'5wokwe III c.cl taw put.\;" plac.e;" PAGE 1 O-HOUSE BILL 06-1175 SECTION 3. Repeal. 25- I 4- I 02, Colorado Revised Statutes, is repealed as follows. 25-14-102. Definitions. As u~Gd III th,~ al tide, uJlks~ tI,e COl1h~AI otl,el "" Ise I Gqul! G5. (2) ''PaLI,c plac," II 11.. all" ally cliclv~cd, llidOvl alGa us..d Ly lhc gCh"al publ,,, 01 S(.,' Iil!5 a" a pIa" of ~Vlk- illdudill!5, bul not llIlllkd tv, I G"laul"lIb, lelad Mvl C.", Otl.GI COli 1111I;;1 (.;<11 ..sla!JI,~hlll..Jlt~, gv n;illlllClIlal of[;GG", ~altlllg I 001l~ vf healdl Gal.. plofcss;vnah, publIC GOlIYCjaIlC"S, "duG<1lI0Ilal facdltl"", ho"pltals, IlUl SIIl!5 1,0IIl(.S, Zlud,tuIIUII''', a,'liaS, aSS<;IiILly aliJ Ill..Ctlng 10011'-", alld IGSt IVVI1b, bul th~ 1..111, JOG" not [1l..luJe clldo""d vfh..,,, vccuPI..d "AclusI ,dy Ly ",llvkGI ", G,GII tllough sudl O[[;C"S Ilia) L.. Vls,tcd by 110IISIlIO"'.., ". (J) "SIlIOk-lIl!5" llIG,,"S ttc ..allyHI!5 vf a I.gLtGd pip", LgLlcd ..Ibal, VI lighted GlgdJ GLtG vf allY k-lIld alid lIl..ludGS lhG Ilglllh'b of" l-Jl]-'G, Clgal, 01 Glg,,1 GLtc of allY k,lid. SECTION 4. Repeal. 25-14-103, Colorado ReVised Statutes, IS repealed as follows. 25-14-103. Smoking prohibited in certain public places. ( I ) C,-e(.j.lt as vt],eI \\; I:S.. ]-'1 VY Id"d III nil" suL"..etloll (I), Slllvk-lllb IS plUlllb,tGd Iii ti,e follo~ 111g vuLiIe pla..cs. (a) [1<;, alvl S, 1111.1"GUIII~, gallc'l"~, "lid I;L""I-.5 vf all Y GstaLIISlu11Gllt JOlllg LU""lC."" '" IlII It.. !;;GllG! aJ publ,,-, (b) (1) All Lvsp,lal dG, alol" alld GVll,dOl sand ",hcl G Y (.I '-VIllbu"t;Lk ,,1.1]-']-'11"" VI lIlakllab a,G "lvled "lId ~IIGI..YGI flatIullablc IlljUlJ" 01 !;;a!',,~ VI VAyg,," I" stO! Gd 01 III uk III tlIGI,o!'pJtal. III addllloli to tLG SpGdf.e ploh;bltll)Jl!, plUhded III tlds ~ubplhaglaph (I), hospitals ~Lall. (A) Allo... all pab..lll", pllvl tv GketlY(. adllllSSIVll, lv ..I,vo~.. to Lc. III a IIO SllIOk-lIl!;; pallGllt I VOlll alld, w IldI p05,,~L"', "CGOllUIIOd"k Sudl '''ljuG"l, PAGE II-HOUSE BILL 06-1175 (D) Plvlliblt clllplvy"..s f,olll ~1ll0klllb lJ1 pat;"llt IOvlll!., (C) RCydlle that VlSltOI~ vlAaLlI d"PI"S!. applova! fWIll all pat,,,"ts Iii a patl"llt 100111 pllvl to ~llloklllb' (II) All al(.M; of a 110~pitaI hot speCifically Ic.feded to In tIlls pal agl aph (b) shall h" ,,01l51dell;;d "11IOkille a.ea!. ullk,,!. pO~kd oll.el \\ ISC. (III) NotlLlhf; III tlus seGbvll ~l.allp.ol.ilJlt a ho"p.lal [Will bawLlLlg !.wuk,hg 011 all VI pal t of .t!. PI"III1~(.!.. (IV) No vtlld ...!.tuGt.vJIS pWVld(.d III tIlls alt.d(. sI.all apply to hO"fhtals 11","seJ pW5ua1lt to altld(. 3 of tillS tltk v. l.old.llg a valid "C:I tIf';c.at, of c.olllplldllC.c: pw ~uallt to S'GtIVll 25-1.5-103 (1) (a) (II). ( )". d c. H altlllg .00Ll'" all 1I1,-dll.g I ovw~ 10GatGd III all bUIIJmgs v'" llc.d 01 op~lakJ by t1., ,xeeutiV' aIld JuJlclal b.aLld,,,s of gOv'"UII'ut of the ~tate of Cvlol adv 01 allY pvldn::al subJI v 1!.1011 tln.-."vf cx""pt III aj cas desleLlatc:d fo. SlllOLllb, Cd) A.ly bUlldUlg uscd VI d'Slb"(.d pWllallly fOI tl.(. pl11po;>\.. of c....hiblllhg allY wOtlOllplC.tul c, ~tagc: JWlIIa, Icetul e, IiluS,(.al lee.taI, vi othel Sl1c.h P\..I fOllllalic.e "IIChC. v(.1 OPOI to tIle pabllc, cxcept that, ulllcss otllGI''''ISC. p10}.;01kJ 0)' 10",11 olJlllaLlcc 01 Icbulatloh, ~lllOklllg slIall bc allv(\\..d III all aI\..a c.vwlllullly IckllGd to a~ a lobby If sud. Ivbhy I!. I c."sollably ""palakd r. VIIl tin, ~pc:datOI al Ga aliJ III dcs,eliakJ ~eatJlIg aI c.as of WO'llle plGtUI\.. t!l"akl~ "II",,, '\..Iltllallvll b a(kquatc to !ldll"..G tl,c pdlpO;>C" vf tIll!. a,t,\..k. TIllS pI OlliJ.,ItIUII appl,C!. abo tu ".lclvs"d "(iVI tlllg (11 ella~. (e) PU01I" Dall!.poJtalIVII "hide!. \\ l,ch opeh to t\.(. publiC, c...."ept III d\..!.,b"atcd ~lllOkllle al \..a!.. (n Rcpeakd. (2) R(.!.taulaJIb !llld tiiv\..JIlS al" nut "u0JCGI tv tll(. spG"ific Plv!.iJ.,II;OIl5 vf thi!. al bdc, but I (."taw all IS aLld ta v "III" ,11 C ,,"\..ouwgcd, wl'\"II"v", po""ible, tv !."aIIlUII;>IIIOkGI" III all alGa away f.olll sll.oke.s. AllY pubh,- place (\!.<.I' food IS sold 01 "CI vcd alld III wlllcll lleltllCl a s1l10kwg llul a 1l01l"llluklllg al ca IS d""lb"atcd shall post a Sibil III a eOh!.pletlOaS place PAGE 12-HOUSE BILL 06-1175 at 01 llISld( It:, (nlIall"C lIldl"atw1;5 ~1l\;;theI 01 IIVt PIO~ISIOM, ha~' b"cn uladC fVI UVH"'HOkd!.. (J) Tht V\NUcr, lllauagCI, 01 ally pVl"VI1 III .::haIgc of a vubh" v1J"e "vC",[;e;d III "ub"CdIVU (I) aftllls """liOll !.hall cOllllUIslllokIll" tlI'OLlghoLlt "ael, vubJI" place. by postIng 5JgHS \'Il,id, dcally dC!.l"hate. HOIl!>lllOkIllg alld, ~I,oe V,OVldcd, !.lllOklIlg aleas. SuGh !.lghS sl,all be. <'XphClt a:l1d "vllsp,,,aous, bulll" \NVI dllIg, !>IZ', GOIOl, deslgu, alld vlacc of vO"tlll" 511.111 be at tI,G dl"",GtlUll oftbG v\NIIG!, Wal,a,,"" VI pG!!>Vll 111 dWlg". (4) TI10"G 111 "haIgc. of vf[;""s aud GVlIuuCI"lal dtabhslllHellt!. tl,at flJ 0 vide; vlllplv pllCJll [UI tIle gCI1GlaI puLlIc aI<; dJl;'OUla"Gd to d""I"l1ate UOllS111Uklllb .'1., e<1" that .'1., e pby 5IG"II)' ""1'''' atcJ [I alu tIIG \N 01 ~uug ell' 110""I,,"tS wI,GIC Otl,'l "Illploye(s "JlIok,. EVelY effod !.I,all be Illadetv 1'.0 v Id" <1 !."palak alea fo, IIVllS1110k",,, III clHploycG louugc:s alld GautcJJa!.. SECTION 5. Repeal. 25- I 4-103.7, Colorado RevIsed Statutes, IS repealed as follows. 25-14-103.7. Control of smoking in state legislative buildings. (I) except as pi 0, ,cicd III su\:iS""liOll (2) of tIllS satloll, ,,11l0k111g 15 VlUh;l11kd III all "tat" kglslalIV" bu,ldlugS. (2) TI,Glcglslat"" GOulle.! G,,,akd by ""dJlJ,,2-3-JOI, C.R.S, VI It!. d""'1:;lle(. (a) May I.k51ellalc .11(.1" JJJ k1:;I"I"tl\' L,udd"lgS wLuG "lllukJJJg I!. P'-lllllth:.d, (b) Shall G01151d"l v,oposals to .(.du,I1:;l1ate allY .'1., (a dC51guatcd as a "JJJokJJJe <11<'<1 VUl"U<111t tv pa,aelavll (a) of tillS "ub"cdIVll (2), (c) Sllall <-"taLI,sI. a ,,"lvklllg vvLey fOl of[;,,(. !.pa"e ~Itlllll lc:t;,,,lat, \ C 'uUllJlIlgS, alld (d) Sl,all ,-"Sui <. that "Ie"" .'1.1 C voskd that ,,1--.'1.11) dC5Iellate 1101l"JJJvk'hg add "Iuok,hg .11 cas. (J) Nvt\N ltll"laudll1" the pJU "SlOb!> of tIll!> "e(lIOI1, til<- conti 01 01 11ll1l1"lJOll vf "u,okJJle III tile v..LalIlLels, allkv..balllbv..l", eVlIUUJttec IVVIH" of PAGE 13-HOUSE BILL 06-1175 thc 5cuatc alld thc housc vf I C1'I ",,,Clltatl vC5, a.ud vff..cc SPaCC 1\.ss,eu",d to 1\.ud vceup,ed Ly l",gl"latols :shall be eov"ukd Ly tllc 1'WvlSIVU" of !.Cetloll 2-2-404 (1.5), C.R.S (4) As u""d m tlus 5"et;ou, unless the COlltCxt OtllCI VVi"" IeyUuC5 (a) "Leglslat,ve 1,U,IJIl1e" IU{,all" all)' buildlllg wl'lGL IS owl1ed 01 op",akJ 1,y t]IC j"g'5IatlV" b,aueh and wlud, I" UUdG, tll" dued,ol1 Zll1d "ol1twl of "ueL bwud1. (b) "SulOk;ue" sl,all IIdve tl,c "alu" lu"allll1g as sct falth u, S"dlvll 25-14-102 (J). SECTION 6. Repeal. 25-14-104, Colorado ReVIsed Statutes, IS repealed as follows: 25-14-104. Optional prohibition. TIl\~ Owl1~1 v, Il,aJJabGI of a pu'ul,e plae" vii,,,,, tl'al1 vuC "p"",[;edlly PlOy ,ded III ""d;vu 25-14-] OJ (I) lIlay pc"t, at lu" d,,,{,,d,OU, ",gl1" plo]libltlug Smok-,l1g 01 pl0, ,dllle "ll,okJul:S a'ld uvusIuokUlg al ea". Sud, pu5t,"g "I,all Lavc tile effect of ll,dl1du'b "u,-h publIc pla"c u, t],e publIc plac~" \I(; he, '- sllIoLug IS p,ol,ibltcd 01 ,dtlleted pl1."uaut tv ",-d,Ou 25-14-IOJ (I) SECTION 7. Repeal. 25-]4-105, Colorado ReVIsed Statutes, IS repealed as follows' 25-14-105. Local regulations. Notlll"/;; III till" a, t,,,1e s!.all PI'" "lit al,y to \1(;11, Cll), 01 "ity aud COl1l1t), 1101 ally COuul) \\'ltllIll tl,e l.lluuCOlpolatcd alCdS tliGcor, f,vlll ,,,,gul,itlllg slllokll,g, aud 5ucll cOunty, tO~II, CIty, 01 ",ty dlld eOuuty I" hCl,-by ""pI e551y autl,Olll,-J to aJvpt VJ Jlllau";CS embody Ulg Sl1,-I, ,,,gulatlvuS. \\l,e,,, SU..lI 1 (gulatl\)tb alC advptcd Ou tile Ivedllcvd as autl,OllLcJ lu tillS "",d,Cu. tL(; Iv(;al, cgulat,ou" sl,all "vuU 01 to t!.C ,,"kIll vf auy u,,-OUS;StClICY 1,-.1",,(11 tI,CUl a"J till" a,t."k SECTION 8. Repeal. 2-2-404 (1.5), Colorado ReVIsed Statutes, IS repealed as follows' 2-2-404. Legislative rules. (1.5) SUICk-JUg, ul tLG "tak Gapitcl al1d othCllcgl"lat. vG bl1llJllle" "I'dll 1,<. /;;0 v ","cd by SCdICu25-14-1 OJ 7, CR.S., c::xe"pt tl,at tl,e. :se.ual<- allJ ti,e 110u"G of lCP,GSClltat.vCS cad, I,a" t!.c PAGE 14-HOUSE BILL 06-1175 "AduSIVC authollty to adopt l\:lks 01 jOhlt wks, 01 bod" ~vv(llljhg the cOlltJol 0, l"lUtaho" vf swolu"e;" tll",,, 1l:,,,p((.t. ~c d,awLas, clllk"!.a"m.:,s, CVllUlllttC." ,0vwS, al,d off.c", "paGe assIgned to a"J vGcup;c.d b:~, leg,slato,;" SECTION 9. Effective date - applicability. ThIs act shall take effect July 1, 2006, and shall apply to acts occumng on or after said date SECTION 10. Safety clause. The general assembly hereby finds, PAGE IS-HOUSE BILL 06-1175 determmes, and declares that this act IS necessary for the lITUnedlate preservation of the public peace, health, and safety Andrew Romanoff SPEAKER OF THE HOUSE OF REPRESENT A TIVES Joan Fltz-Gerald PRESIDENT OF THE SENATE Manlyn Eddms CHIEF CLERK OF THE HOUSE OF REPRESENT A TIVES Karen Goldman SECRETARY OF THE SENATE APPROVED Bill Owens GOVERNOR OF THE STATE OF COLORADO PAGE 16-HOUSE BILL 06-1175