HomeMy WebLinkAboutMinutes - Legislative Review Committee - 05/12/2004 -(F’
LEGISLATIVE REVIEW COMMITTEE
Meeting Summary
May 12,2004
Legislative Review Committee present:Ray Martinez,Marty Tharp,Eric Hamrick
Staff present:Diane Jones,Ron Phillips,Carrie Daggett,Mark Radtke
The meeting was called to order at 8:32 a.m.
MEETING SUMMARY
The meeting summary for the April 14,2004 Legislative Review Committee meeting was
approved as written.
2004 SESSION
The 2004 session of the General Assembly concluded on May 5.
The legislature passed HB 1021.The bill lowers the BAC for DUI to .08,gives cities the
authority to permit alcohol tastings at retail outlets,and allows diners to transport
partially consumed bottles of wine.The Committee discussed the tastings section.
Councilmember Tharp asked if liquor stores will come to us?The bill does not mandate
tastings,but allows cities to pass an ordinance permitting tastings.
Limitations on condemnation authority are included in HB 1203.The bill limits urban
renewal authorities from transferring condemned property to third party,private
ownership.Mayor Martinez asked how the bill will affect Fort Collins.Councilmember
Tharp asked if the bill might impede urban renewal work along North College Avenue.
Mark Radtke said the bill provides several exceptions to the prohibition,including a hold
out property owner that could jeopardize a project.He didn’t believe the law will
prohibit Fort Collins from moving forward with the types of urban renewal projects it is
considering.Ron Phillips explained another portion of 1203 that prohibits a city from
condemning land outside its city limits for open space purposes grows out of a Telluride
case where that city is trying to preserve its scenic entrance.Carrie Daggett noted the
wording in that section leaves room for interpretation on exactly what uses of
condemnation are prohibit beyond the city limits.She said there may be a court
challenge to that section.
Both retailers and local government will benefit from the passage of HB 1237.The bill
allows the state Department of Revenue to certify a list that matches addresses with
taxing districts.A retailer will be held harmless for incorrectly collecting sales tax if he
has collected what the list calls for.Councilmember Tharp endorsed the idea and said it
will be incumbent on the City to keep its data current on the list.Mr.Radtke said City
Council soon will be asked to pass an ordinance that holds retailers harmless if they use
of the list.
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The Committee heard that the Health Department has agreed to study the effectiveness of
using the vehicle emissions inspection program to meet ozone pollution standards.Fort
Collins held talks with the Department as part of the process surrounding legislative
approval of HB 1435.The bill enacts the state’s ozone mitigation plan.
A quick summary of the session was given by Mr.Radtke.
The Committee discussed the failure of the legislature to approve a ballot issue to fix the
state’s fiscal crisis.Mr.Phillips said the Big Horn Center is working on a petition that
would ask voters to change both TABOR and Amendment 23.That amendment would
remove the ratchet effect,create a rainy day fund and address local government issues.
Councilmember Tharp asked staff to prepare an analysis of ballot proposals that will
appear on petitions that will be in circulation for the November election.
CACHE LA POUDRE HERITAGE ACT
The Committee received a draft copy of the “Cache Ia Poudre River National Heritage
Area Technical Amendments Act of 2004.”The bill would end the impasse over the
appointment of the Cache Ia Poudre Corridor Commission by delegating those duties to a
non-profit organization.City Council has asked our congressional delegation to support
the bill in the 108th Congress.
CLEAR ACT
Mr.Radtke reported there is no change in status for either the House or Senate version of
the federal CLEAR Act (H.R.2671 and S.1906).
Councilmember Tharp asked that staff research new federal legislation known as the
SOLVE Act,that changes immigration law.(H.R.4262 and 5.2381)
FUTURE MEETINGS
The Committee cancelled its meeting scheduled for June 9.
The meeting was adjourned at 9:17 a.m.