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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 10/14/2004 -C- LEGISLATIVE REVIEW COMMITTEE Meeting Summary October 14,2004 Legislative Review Committee present:Marty Thaw,Eric Hamrick Staff present:Darin Atteberry,Diane Jones,Ron Phillips,Carrie Daggett,Mark Radtke The meeting was called to order by Councilmember Hamrick at 8:05 a.m. MEETING SUMMARY The meeting summary for the October 14,2004 Legislative Review Committee meeting was approved as written. 2005 LEGISLATIVE POLICY AGENDA Mark Radtke led the Committee through the recommended changes in the Legislative Policy Agenda.New wording includes specifying ozone as a pollutant requiring state and regional action;support for legislation that restricts non-certified wood stoves and fireplaces;addition of the 2006 International Fire Code as an acceptable statewide fire code;and expanding a transportation statement to urge increases in federal funding for transportation.The policy statement supporting felony penalties for impersonating a police officer was deleted,as that law was enacted by the 2004 legislature.The Committee approved all of the changes. Discussion revolved around the suggested addition of a policy statement supporting a law to grant confidentiality to conversations between police officers and members of a police peer support team.Mr.Radtke explained the proposal by Fort Collins police psychologist Dr.Dan Dworkin has been refined to exclude the confidentiality protection for such disclosure as child abuse,commission of a felony,or situations where the officer is part of the investigation or was a witness to the event.The protection has been endorsed by Fort Collins Police Chief Dennis Harrison. Councilmember Hamrick asked about the need for such a protection.Mr.Radtke said the bill was prompted by action in other states where lawyers have gained information about what was said in such sessions.Committee members agreed to include the policy statement that supports the concept of confidentiality for peer counseling sessions. Specifics of any bill will be reviewed by the Committee to decide whether the bill should be amended. Committee members were asked to submit any changes they wish to propose within the next two weeks.The Policy Agenda will come before the next meeting of the Legislative Review Committee for final approval at their November meeting,and forwarded to City Council on November 16 for adoption. INTERIM COMMITTEE BILLS Among the bills put forward by legislative interim committees,Mr.Radtke brought forward a bill regarding the elimination of business personal property tax for the Committee’s information.The bill would eliminate SS°o of business personal property taxes in 2005,and continue the reduction at 3°o a year thereafter.Diane Jones testified against the bill at the interim committee hearing,and told the Committee business personal property tax elimination would take more than $4 million out of the City budget. Mr.Radtke reported Representative Hall’s bill to limit landlord liability is expected to return in the 2005 session.Darin Atteberry testified against a similar bill in the 2004 session and said the bill would interfere with the current community discussion over problem rentals.He said it will be important to defeat this bill. BALLOT ISSUE Committee members discussed the suggestion that City Council take a position on Amendment 37 that appears on the November state ballot.The ballot issue would set minimum requirements for the generation of renewable energy by utilities in Colorado and give the Public Utilities Commission the power to regulate renewal energy.Carrie Daggett reported that the proposed statute would infringe on the City’s constitutional powers and would likely be challenged in court if passed.Councilmember Tharp noted there are plusses for encouraging alternative sources of energy but questioned if that should be done by example rather than regulation.She expressed her concern for turning over an aspect of our municipal utility to the control of the PUC.Councilmember Hamrick said he supports the concept,but this ballot measure is not the way to go.He added his concern for the intrusion of the PUC into our municipal electric service. FUTURE MEETINGS The Committee agreed to alter the date of its next meeting,currently scheduled for the Veteran’s Day holiday.Staff will work with Committee members to find an acceptable date. The meeting was adjourned at 9:05 a.m. r ( Summary:Draft 2005 Legislative Policy Agenda changes 10/14/04 Page 6,Air Quality,amend statement #2, “Support legislation that encourages regional planning efforts for regional issues that cannot be solved through city action in isolation,e.g.the brown cloud d ozone.” This addition highlights ozone because we are currently in non-attainment. Page 8,Air Quality,wood smoke,amend statement #1 Support legislation and regulation that reduce wood smoke emissions and that restrict installation of non-certified wood stoves and fireplaces. Adds wording to the policy statement that is already included in the introductory paragraph of the wood smoke section. Page 18,Fire Protection,amend statement #1 Support legislation adopting a State fire code,the code of choice being either the Uniform Fire ode (1997 or later)or t e 2006 International Fire Code,which establish a State minimum standard for fire code enforcement in existing and newly constructed structures.Permit local option of municipalities to impose more restrictive standards. The International Fire Code is becoming the code of choice for cities and counties throughout the state. Page 25,Police Services,delete statement #8 Support legislation that increases the penalty for impersonating a police officer from a misdemeanor to a felony. This law was passed by the 2004 General Assembly. Page 25,Police Services,add statement #9 Support legislation that authorizes law enforcement peer support team members’“privileged communication”status that is not admiss ble in judicial administrative arbitration or other adjudicatory proceedings This statement would support a bill authored by Fort Collins Police psychologist Dan Dworkin and Loveland Police psychologist Jack Digliani.The new law would give privileged communication status to conversations between police officers and law enforcement peer counseling team members.Peer counselors are fellow officers trained and certified by a police department to provide emotional support in formal sessions.Peer counseling is used by officers to deal with the trauma of a critical incident or to discuss job and family related issues.It has been found to be an effective method to relieve the stress and burdens of police work.To be effective, the conversations must be held in confidence.The proposed legislation would not protect officers from any admission of felony conduct,criminal intent,family abuse or from testi~’ing about any case in which they are involved as a police officer or a witness.