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LEGISLATIVE REVIEW COMMITTEE
Meeting Summary
February 2,2006
Legislative Review Committee present:Doug Hutchinson,Ben Manvel,Kelly Ohlson
Staff present:Darin Atteberry,Steve Roy,Wendy Williams,Ron Phillips,Mark Radtke
The meeting was called to order by Mayor Hutchinson at 8:05 a.m.
MEETING SUMMARY
The meeting summary for the January 19,2006 Legislative Review Committee meeting
was approved as corrected.
NEW BILLS
Mr.Radtke provided a summary of several new bills.HB 1173 would ban state and local
taxation of telephone calls made over the internet.Known as Voice over Internet
Protocol the calls would not be treated the same as cellular or land-line telephone calls.
The City position is to oppose the bill,which was pulled from Committee consideration
earlier this week.
The ban on indoor smoking bill has been sent to the full House for consideration.HB
1175 was amended to exempt casinos from the ban and several other groups are pushing
for exemptions.The bill continues to allow cities to enforce more stringent ordinances.
Steve Roy said that would cause a problem only for Fort Collins’limitations on private
clubs,which are less stringent than the bill’s limitations.
The Committee discussed SB 52 which would allow counties to exceed the current cap
on sales tax by a half-cent if the tax were devoted to open space.Councilmember
Manvel said the ability to the County to gain voter approval for additional open space
funding would be a boost to the City’s open space program.A concern he noted is the
apparent insistence by the governor’s office that there be placed a 10%cap on the amount
of money used for maintenance.CML Board member Ron Phillips said it is likely CML
will oppose the bill because it sees sales tax as primarily a municipal revenue source and
property tax primarily a county revenue source.There is concern that all this really
would do is allow counties to get another half-cent of sales tax for their general fund.
The Committee did not take a position on SB 52.
The Committee affirmed the oppose positions against FIB 1208 and SB 169.The former
requires local governments to pay at least 250o above the fair market value of properties
taken by eminent domain.SB 169 eliminates “blight”as a definition allowing the
creation of an urban renewal authority leaving only the more restrictive “slum”
definition.It severely reduces an urban renewal authority’s ability to use eminent domain.
Councilmember Ohlson said the reason these types of bills were coming forward are the
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abuses of the urban renewal concept by several cities.He said some of the issues that
curb the use of urban renewal to the original concept would be a good idea.Mr.Roy
noted there have been reforms,and the City was a party to a reform bill last year that put
limits on the use of urban renewal authorities in greenfield situations.
The Committee was disappointed to hear that SB 18 will be postponed indefinitely in
Senate Finance Committee next week.Mr.Radtke said extensive negotiations with
Colorado Counties,Inc.failed to budge CCI from their position of requiring county
consent for any extension of a DDA.This erosion of municipal authority over the Tif is
unacceptable from the cities and CML standpoint.Mr.Radtke said the sponsor was
asked to kill the bill as success was in doubt with CCI working to amend or kill it.
The sponsor of HB 1159 has asked the City to assist in writing clarifying amendments to
the bill.Mr.Roy asked the Committee for permission to proceed.The Committee said
since we support the bill it would be to our advantage to assist with amendments.
The Committee also gave approval to using the services of the City Attorney’s Office to
assist local legislators or CML by proposing language for state legislation on a case by
case basis whenever,in the judgment of the City Attorney,it would be beneficial to the
City to do so and time and circumstances permit
Mr.Roy brought forward a discussion of SB 156.He said the bill would declare that fees
are not “fees”unless they are for services not normally provided by local government.
Fees falling outside that definition would be required to face a TABOR vote for approval.
Mr.Roy noted among the many faults of the bill,it pre-empts home rule authority over
fee setting.The Committee provided a position of “enthusiastic opposition”to the bill.
ILLEGAL IMMIGRATION BILLS
Mr.Radtke submitted a summary of General Assembly bills dealing with illegal
immigrant issues that contained City department comments on the impact of the
legislation
Mayor Hutchinson was excused from the meeting at 9:05 a.m.
The meeting was adjourned at 9:22 a.m.