Monday, February 15, 2010

Half Way There

So, we are officially half way through the 2010 session and we are faring very well. Here is a quick recap of several major items.

  • Billboards: All "anti-regulation" legislation affecting billboards has been successfully shelved for 2010. We intend to work on these issues extensively through out the summer.
  • Eminent Domain: There has only been one major eminent domain bill that is making progress this year. All other bills have been successfully sidelined. The one bill, SB81 has been amended substantially. What originally started as a bill that would allow for prevailing party attorneys fees in condemnation cases has now morphed into a bill that facilitates condemnation settlement by allowing both parties to submit preferred offers and only if the courts determine that a settlement is outside of the range of both offers is there liability for attorney's fees. In those circumstances, fees are capped at $50K.
  • Anti-Trust: Our proactive bill to clarify the municipal exemption from anti-trust litigation is moving well. Is is scheduled to come out of committee and go before the Senate this week. No major road blocks are foreseen.
  • Retirement: The two major retirement bills, SB43 and SB63, have both passed out of committee favorably. The first, SB43, restricts "double-dipping", whereas the second makes major cost-saving changes to the current retirement system by changing the benefit structure for new employees hired after July 2011. Both are now before the Senate and we anticipate passage of both.
  • Land-Use/Impact Fees: We have fared very well this year on this front, successfully amending or stopping bills that would hamper our cities ability to regulate land use or utilize impact fees
  • Water: It has been a fairly quiet year for water bills this year. Our only major bill, which allows for a municipal/domestic preference in water rights during times of shortage is scheduled for committee this week and should go well. It was slow out of the gate so we will be sure to keep a close eye on this bill and keep you apprised of any changes.
So, what to expect for this week. It is a huge week this week, as budget numbers come out on Wednesday and will largely shape the remainder of the session. As soon as they are out we will let you know what they look like.

Please contact the ULCT with any questions you may have on local government issues (

Your ULCT Lobby Team