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LEGISLATIVE REVIEW COMMITTEE
Meeting Summary
May 16,2002
Legislative Review Committee Present:Ray Martinez,Marty Tharp,Eric Hamrick
Staff John Fischbach,Diane Jones,Ron Phillips,Carrie Daggett,Tom Vosburg,Mark
Radtke
The meeting was called to order at 8:08 a.m.
MEETING SUMMARY
The meeting summary for the April 25,2002,Legislative Review Committee meeting
was approved as written.
REVIEW OF 2002 LEGISLATIVE SESSION
A review of session began with a discussion of land use issues.No bills dealing with
planning and land use made it through the General Assembly.Tom Vosburg expressed
disappointment,as several positive measures were proposed such as SB 102 that would
have given us the ability to levy school impact fees.On the other hand,he noted a
number of negative bills failed including a “partial takings”bill.
Diane Jones noted the actions of school lobbyists put them in conflict with municipalities
over HB 1343 that would have barred local governments from imposing off-site impact
fees on school districts.The Committee decided to discuss the issue with Poudre School
District representatives at a future liaison meeting.
Further restrictions on the use of photo radar are contained in RB 1400.Mark Radtke
explained the final of version of the bill restricts the use of photo speed radar to
residential streets with a top speed limit of 35 mph.A city employee will have to staff
the van,but staffing by a uniformed police officer will not be required.Red-light camera
rules are not changed.John Fischbach said the Fort Collins Police are looking into
whether it is viable to continue the program.He said the greatest benefit of the program
is to slow traffic in areas with higher speed limits,speeds that can cause greater injuries.
BIB 1404 has been sent to the Governor.Mr.R.adtke said the bill will require a criminal
conviction before criminal property can be seized and forfeited in major crime cases.
The proceeds will be split with half going to the local government involved for public
safety uses and half to drug and alcohol abuse programs.Mr.Fischbach noted an
unintended consequence of the law may be delay forfeitures for months or years,causing
property to decay.
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Mayor Martinez asked about RB 1070’s final wording and enforcement provisions.Mr.
Radtke said the bill requires child safety seat for children aged four and five and less than
55 inches tall.Enforcement will be handled as seat belt enforcement is now conducted.
Mr.Radtke reported that SB 32 has passed.A conference committee reached a
compromise that states the life of an existing Downtown Development Authority is
extended five years.Mayor Martinez asked if City Council action is needed to
implement the extension.Mr.Radtke said he believes it is automatic and Carrie Daggett
will secure a legal opinion from the City Attorney’s office.Mr.Fischbach said the
extension could mean an additional $10 million for the DDA to invest in downtown
improvements.
Councilmember Hamrick noted RB 1173 doesn’t give universities any tools beyond what
they already have to deal with students who riot.The bill requires a one-year academic
suspension of students convicted of rioting.Mr.Hamrick noted schools can already do
that and can do that without there being a conviction.
SB 156 is on its way to the Governor.Mr.Radtke said the final form of the bill allows
donation of water rights to the Colorado Water Conservation Board for use to maintain or
improve river flows.Councilmember Tharp asked who will decide how far the water
will flow in the river and how it impacts other water rights.Ms.Daggett noted water
courts would have to approve the use and will protect other water users interests.
Mr.Radtke reported SB 74 died in House committee action.The bill would have added
sexual orientation and gender identity to the list of protected classes in employment non
discrimination law.
Councilmember Tharp raised the question of whether the City may want to support such
issues as SB 173,SB 216 and SB 178 in the fhture.The bills deal with expanding
worker’s compensation awards and requiring health benefits to be paid by city
contractors.Councilmember Hamrick said it seems only fair to have contractors that do
business with the city providing health benefits for their employees.
Ms.Jones told the Committee that staff will be updating the Legislative Policy Agenda
during the summer months and will bring a draft to the Committee next fill.
Mayor Martinez asked staff to look into the possibility of putting this legislative
information on CD or other readily accessible form for Ibture reference.
Future Committee meetings were discussed with the view of canceling summer meeting
dates.Councilmember Hamrick asked that the Committee meet if a special session of the
legislature is convened.The Committee agreed to cancel its June 13,2002 meeting.
The Committee adjourned at 8:55 a.m.
The next scheduled meeting of the Legislative Review Committee is 8:00 a.m.,Thursday,
July 11,2002 in the City Manager’s Conference Room.