Printed on 1/12/12
10 - On this next to the last day most of the time was spent waiting for redistricting negotiations to occur. Unfortunately it was all for naught, as the Democrats and the Republican values are so different. The Democrats highest value is "competiveness." The Republicans highest value is keeping communities of interest intact. This includes keeping the Eastern Plains in one district and following county lines whenever possible. The Republican plan is designed to give Colorado's representatives the clearest mandate from their districts. For example, with one representative from the Eastern Plains, the wheat farmers and ranchers have a focused advocate in Congress, rather than two people who are most concerned with the greater populations in their respective districts. For the Democrats it is all about political advantage, trying to measure how many districts they can win as the hisest priority.
The rest of today was spent in final bill actions, including a heavy handed move on the Senate president at 9:00 PM, assigning 12 bills to certain doom by giving them two committees, with no chance for either hearings before time has run out to pass the bills. Senator Kopp, the Republican leader, wrote an official letter of protest over this action.
9 - Wow, what a day! This is the 118th day of the session. On third reading SB -270 passed, giving public safety officers special powers state-wide to stop motorists on certain roadways and solicit donations. It passed, 18-17.
SB-251 passed, eliminating limits on fees for firework and fire suppression programs.
HB-1195 passed, creating a new licensing program, this one for private investigator's. I will say that the bill had one redeeming aspect, the licensing program is voluntary, a unique concept for licensure.
On second reading SB-168, designed to set up a form of universal, government run, medical care for Colorado was defeated. The bill passed, on essentially a party-line vote, but the sponsor then ran an amendment to kill the bill, stating she did not want it to move forward without Republican support.
Finally, after a full day of committee and floor work, at 8:00 PM we tackled the redistricting bill. The Democrats ran their bill, and then filibustered their own bill! They intentianally ran the clock out till midnight, refusing to vote on their own bill. This was incredible. I can only presume they must not like it either. Once midnight arrived, the clock ran out for the Democrat bill to pass this session, as we needed two additional days for it to fully pass both houses.
This is the first time, to my knowledge, that a majority party filibustered their own bill past midnight, on the 118th day of the session, intentionally killing their own bill without a vote. And this was, in many ways, the most important bill of the session.
6 - Third reading was a refreshing change, as several good bills were considered, and passed, including:
SB-261, allowing more access to the publishing of Colorado's statutes,
HB-1005, eliminating the Ag Tax, put in place last year and,
HB-10093, giving farmers more flexibility in use of their farm equipment without being taxed at a commercial rate.
4 - Today started with a lot of strong issues. First up was a Senate resolution creating "Adolescent Sexual and Reproductive Health Month in Colorado." Unfortunately it read like a manifesto for the abortion industry. I was able to get an amendment acknowledging that abstinence is 100% effective, and another good amendment also passed, sending the resolution to crisis pregnancy centers around the state. The resolution passed with ten of us opposing.
SB-186, covered in yesterday's entry, passed third reading 18-17. Also passing was HB-1275, limiting how many minutes commercial diesel vehicles can be idled (no more than 5 minutes per hour). I opposed both bills.
HB-1254 passed second reading, requiring local schools to track bullying, and develop a bullying plan and a dress code for their schools. An amendment to define bullying as repeated incidents was defeated, as the sponsor wants a strict, zero tolerance attitude toward bullying. On a posiitive note, we did get an amendment on the bill to include political intimidation in schools as bullying. Overall, however, this bill creates too much paperwork, and too many "politically correct" notions in law.
SB-258 addresses a real problem we have for small food preparers who sell their products at farmer"s markets. Today they are supposed to abide by all commercial food preparers regulations and cannot make the food in their residential kitchen. However, instead of simply exempting them out, the bill creates a new set rules fees, and registration hoops to jump through.
3 - Two bills passed third reading, I am the sponsor of both bills, listed in yesterday's entry, HB-1095 and HB-1241.
In second reading SB-186 died on a division vote. This bill would replace the private bail bondsmen with a "pre-trial" style public bonding system. This bill grows the government at the expense of a private business and it sets more firmly in place a system that punishes the charged before they are convicted.
And then the committee of the whole report was amended, and 186 passed, 18-17.
In other action in second reading HB-1275, limiting the time commercial diesel vehicles can idle their engines passed.
2 - SB-244 passed third reading (see April 29 entry for the details of the bill). For the comments I made in debate, click here. The bill passed, but nine of us voted against SB-244.
In third reading HB-1296 passed, extending a "temporary" sales tax on cigarettes. This is in addition to the additional, heavy per-pack taxes on cigarettes.
In second reading two of my bills passed: HB-1241, simplifying a tax exemption for organizations like Habitat for Humanity and HB-1095, authorizing the Secretary of State to password protect online business record filings.
In Judiciary committee SB-261 was passed, increasing the options citizens have in copying and disturbting Colorado statutes. I ran a bill several years ago, allowing the distribution of up to 200 sections. SB-261 acknowledges that the statutes (but not the annotations) are public domain and should be available for anyone to publish. The only requirement, essentially, is that the copy be accurate.
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28- In HHS committee SB-196 was heard. This bill will make the over the counter cold remedy drugs that can be used to make methamphetamine a prescription only medication in Colorado. If this would fix the meth problem, it might be worth the compromise in liberty and the costs to citizens this would exact, but nobody says it can stop meth. The bill died on a 2-7 vote.
Again in HHS, SB-250 increases Medicaid caseload, again. This time increasing the qualification level for pregnant women from 133% to 185% of the federal poverty level. The bill passed, 7-2.
27 - In third reading SB-200, creating a "health care exchange," was passed with all Democrats supporting the bill and all Republicans voting against the bill. During the debate I read extensively from Federal Judge Roger Vinson's decision declaring Obamacare unconstitutional. Juge Vinson's points are many, but his main point is: "In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government."
HB-1291, the SIP bill discussed extensively in previous entries, passed the Senate with ten Republicans voting no (including myself).
In second reading SB-207, regulating roofing was considered. Two amendments were accepted, one I brought forth, exempting painting roofs from the roofer licensure requirement. The other amendment required E-verify to be used for all roofing companies. After the E-verify amendment was accepted the bill was killed by a voice vote. That means the majority leadership then wanted the bill killed, and killed it right there.
In HHS two bills passed, both repealing programs. SB-247 ends the Colorado Early Childhood Council Advisory Team, first created in 2007. SB-248 repeals the "Bedding Act," first created in 1941.
In Judiciary SB-243 passed, 8-1 (I was the lone vote against). This bill repeals a law put in place in 2006 that put a stiff fine against anyone forging identity documents (no less than $50,000). I remember my thoughts in 2006, when I supported the legislation. The penalty was so high that no one would dare forge the documents.
The reason given for SB-243 was: nobody has been charge with the crime, so it moist not be working. How about: the law is working because it has been a sufficient deterrent.
26 - In Judiciary SB-244 passed. This bill repeals the prohibition of adultery and the criminal offense of providing a facility for sexual acts. I voted against the bill primarily because of a concern for how this interacts with prostitution laws. Currently prostitution is illegal, pandering is illegal (arrainging for prostitution), and providing the facility for prostitution is illegal. SB-244 would make the facility component legal.
In second reading the HB-1291 passed, after two amendments were rejected. One would have inserted SB-236 into the bill, the other (my amendment) would have inserted SB-237 into the bill. Our argument was simple, save the people of Colorado $120-130 million by trimming out the most unnecessary parts of the HB-1291 SIP. They were truly modest compromises, but the majority stuck with their extreme, and extremely expensive plan, at a huge cost to the people of Colorado.
25 - Today the SIP bills were up for consideration. See the April 16 entry for an overall description of the SIP issue.
HB-1291, the most expensive option for Colorado, was brought up for second reading in the Senate. I strongly objected, because my bill, SB-237 and the other SIP bill, SB-236, were to be given their one (and probably only) public hearing this afternoon. I contended that the Senate needed all of the information before debating any of the measures on the Senate floor. After protesting the necesity for my request being granted, the majority leader (and sponsor of HB-1291) did lay the bill over to tomorrow.
In State Affairs Committee, in the afternoon, SB-236 and SB-237 were both heard, and killed, on a party-line vote. However, the testimony was powerful. My bill, the most modest change to the SIP, would probably save $120,000,000! Claims by Excel and the State Health Department that the EPA would reject the SIP if SB-237 were approved were effectively refuted by Mr. William Yeatman, from the Competitive Enterprise Institute, who flew out from Washington D.C. to testify on the bill.
Now, armed with this information I am ready to have the debate on the Senate floor concerning HB-1291.
In Judiciary committee, one more profession is being regulated, as private investigators will be licensed in Colorado.. The only good news is this bill makes the licensing voluntary, not mandatory.
20 - In Appropriations Committee my bill, SB-55, requiring basic information to be provided to citizens who must submit to electronic scanning systems, was killed. With the exception of the chairman, who supported the bill, the vote was party-line.
In third reading in the Senate the following bills were passed:
SB-127, increasing the child seatbelt laws, again. This time it will ban the use of most vehicles without shoulder harnesses from transporting a child who is required to have a child safety seat.
SB-177 provides more funding for Planned Parenthood, this time through a teen pregnancy and dropout prevention program.
SB-004 adds homelessness to the hate crimes laws, increasing penalties for crimes against the homeless.
HB-1145 increases background check requirements for child care facilities.
SB-192 increases the fee for a prescription drug monitoring program from $7.50 to $12.50. In all fairness, in committee it was reduced from allowing an unlimited fee, but still the increase is substantial.
19 - The re-districting issue continues to heat up. The general assembly is charged with redistricting every ten years. This time the Democrats and the Republicans said they would work together and therefore formed a committee to accomplish that goal. Unfortunately, when the two sides finally came out with their respective maps last week, the Republicans made small adjustments to existing districts, while the Democrats drew completely new districts, completely scrambling the map. Today is a public hearing for the redistricting committee, this time at the capitol. Ultimately it will be up to the Democrats to find a position that is not as extreem, or their extreem position will force this process out of the consitutional jurisdiction of the legislature and into the hands of the courts. The people will lose, and the system will have won.
18 - The in-state tuition bill passed the Senate in third reading, on a party-line vote. Need I say any more?
16 - This is Saturday, but the politics doesn't stop for weekends. Today I learned that some significant disinformation is being circulated about the SIP bill (State Implementation Plan for controlling haze) - SB-237, last week that I recently introduced and the overall direction I want our state to head in this area. The impression being given is that I am increasing the EPA's regulatory control of Colorado air quality issues. Nothing could be further from the truth. In fact, my bill is the exact opposite!
Several people from Senate District 15 have told me they received a phone call in the last few days from an organization telling them I am opposing another SIP bill that was introduced, and running one myself which puts a greater regulatory burden on Colorado. The only policy difference between the two bills is mine specifically removes the most unnecessary requirements, which should save electric utility rate payers over $20,000,000 a year. One of the citizens who talked to me gave me the phone number that came up on their caller ID with the call. It rings though to the Colorado Oil and Gas Association.
I don't mind honest debate on the issues, but lets work with the facts:
I have consistently spoken out against the heavy handed control that the EPA exerts over Colorado citizens in many ways. In 2008 I sponsored a bill to remove diesel emission testing in Weld, Larimer, and El Paso counties. This year I, along with Rep. Vaad and Sen. Renfroe sponsored a bill to remove Larimer and Weld counties from the gas vehicle testing program. We all want to ensure our air and water are clean, but these are programs that cost way more than they accomplish.
SB-237 modifies the SIP submitted by the Public Utilities Commission in January. The bill also calls for a clear and transparent examination of what the SIP will cost and what effect it will actually have on the haze in Colorado. I want the people to have all of the facts clearly presented in public testimony. The bill is scheduled for a hearing in State Affairs on April 25.
Issues like these SIP bills may seems remote, and just more political squabbling, but at the end of the day, we the people end up paying the bill. I will not back down from any issue, or group, that wants to saddle us with more unnecessary costs to our daily lives.
15 - Today the instate tuition for illegal immigrants bill was in second reading in the Senate. It passed on a party-line vote.
13 - In third reading a couple of the bills passed are noted: SB-206 exempts government agencies and self-help housing organizations (i.e. - Habitat For Humanity) from mortage loan regulation. HB-1182 increases fees for titling vehicles (only ten cents, but an increase nonetheless).
In HHS SB-227 was considered. This bill modifies the seatbelt laws in such a way that will effectively outlaw children, who must be in a child restraint system, from being transported in a vehicle that does not have shoulder strap restraints. Most vehicles are so equipped, but for those that do not have the shoulder restraint, it will not be legal for these children to be transported in these vehicles. The driving reason for the bill is to get $600,000 from the Federal government, which was withheld because of the current state statute. The bill passed on a party-line vote.
In Judiciary Committee HB-1211 was heard. HB-1211 limits the amount that can be paid for travel related expenses by state related entities. This comes out of the much publicized and far too extravagant golfing junket that Pinnacol Assurance board members were given. As I see the bill, it is a typical over-reaction to an exceptional problem. Included in the bill is a complete prohibition of paying travel expenses for a spouse. I agree with holding the line on expenses, but this is too much micro-management from the top down. After much discussion the bill was laid over.
11 - The budget debate dominated the Senate last week, culminating in the final (third reading) vote today, Monday morning. A series of bills were bundled together to comprise the final, negotiated product. I supported most of the bills, but did vote against the Long Bill (the actual budget bill.)
In many ways the budget debate in Washington D.C., that we have all been watching has been somewhat parallel to our process here in Denver. The Republicans control the House, the Democrats have everything else. People across the political spectrum are starting to demand we live within our means, forcing the big government advocates to finally compromise some of their programs and budgets
8 - Today the Senate considered the budget package of bills in second reading, including the long bill. There is much to be said of this package of bills, some of which is disussed on April 5, and some of which I will discuss in my comments for the third reading vote on next Monday. Two details on the long bill amendments l note here:
An amendment was offered (which I co-sponsored) prohibiting funding for any provider of abortion services. The amendment failed, which is not surprising, but the vote was stark. Twelve Republicans co-sponsored the bill and we were the only ones who voted for the bill. Not a single Democrat supported the bill, even though the amendment simply reflects Article V, section 50 of the Colorado constitution.
Another amendment requiring the enforcement of the current concealed carry law, including college campuses, was defeated on a party-line vote...
I introduced SB-237, concerning the SIP (State Implementation Plan) for controlling haze. This bill modifies the SIP submitted by the Public Utilities Commission in January. The bill also calls for a clear and transparent examination of what the SIP will cost and what effect it will actually have on the haze in Colorado. I want the people to have all of the facts clearly presented in public testimony.
7 - Today was Homeschool Day at the Capitol. Well over 1500 people showed up, and despite a forecast for cloudy skies and possible rain, it was a beautiful spring day with light sunshine and comfortable temeratures. The morning activities were held at the Pillar of Fire Church, just down the street from the capitol. The church was packed out with people standing, sitting on the floor, and waiting outside. Dr. Mike Farris, from Home School Defense Association spoke about our liberties and the Parental Rights Amendment. An effective, dramatic reenactment of Patrick Henry's famous speech was given. During the noon rally Sen. Renfroe was given the Statesman of the Year award.
Little action was taken in the Senate, as the budget bill debate will be held tomorrow.
5 - AM - The good news is: little has happened in the Senate in the past few days, for everything has ground to a halt for the budget, which is not yet agreed upon for introduction. The Senate Republicans are working on some initial assumptions with the Senate Democrats. The budget will then, theoretically, have a generally agreed upon starting point. Being in the minority, I see wisdom to these negotiations. The alternative is for the majority party in the Senate to write their own bill and the majority party in the House to then pass their own bill, and drag out the negotiation process to occur after both houses vote on their separate versions, which may take more time than our deadlines for this session allows (we end by May 11.)
The agreement we are looking at includes no use of fee-based cash funds and no new taxes. It restores the 4% reserve (currently reduced, at 2%), eliminates the ag tax (part of last year's "dirty dozen" tax increaese), and restores much of the vendor fee for retail businesses (about $40,000,000.)
The bad news: Despite some minor structural changes to this year's budget, the major structural changes are still not on the table. The biggest cost driver, Medicaid (which is up 40% in this budget!) is still on automatic pilot. The over all budget will still grow, unlike the characterization that it is a "billion dollars" less. Given the political realites, I am not sure we can expect much better at this point in the process.
PM - New infromation... An agreement on the starting point for the budget has been reached. It should be introduced today. In addition to the above mentioned details, the software tax will be repealed after July 2012. Tomorrow we should be able to consider the long bill. (If everything holds together that long.)
6 - Today we are in caucus over the long bill. This year we are including all of the bills encompassing the agreements to balance the budget that were reached earlier this week, including the school finance bill. It is a daunting task to understand the whole package. There are many pieces, of which many have been moving around a bit (as new estimates of their effects have continued to come in.)
Overall the revenues estimated for next year are about the same as this year. Budget cuts are coming for many departments because some other programs are still growing through forces we cannot easily alter. Medicaid, most notably, is the largest program that is completely on "automatic pilot." In addition, last year Federal stimulus dollars propped up higher ed and k-12 public schools by hundreds of millions of dollars. For this coming budget year we do not have these Federal dollars and must find state funds to backfill the short fall.
Short of structural changes to the state budget, like reorganizing Medicaid, all that we have left is to simply tighten up everywhere possible.
In terms of the general fund, Medicaid is still growing by about $500,000,000. For public education, because other sources of funding are shrinking, or going away, the k-12 line item is $331,000,000 higher in the general fund, but still the overall effect is a $250,000,000 cut over last year.
The general fund will end up $176,000,000 higher than last year, at $7,013,000,000 (rounding to the nearest million.)
The overall budget ends up at $19,254,000,000, reflecting a reduction of $658,000,000.
This budget is the best I have seen down here, and it may get us through another twelve months, but it does not contain the structural changes we need for the long-term. At this point I am not sure if I am going to support it or not.
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This afternoon was a busy time in both houses. In the House the civil union bill was in Judiciary. The final fate of this bill was decided today. I attended a prayer vigil for its defeat at noon. After many hours of testimony the civil union bill, which essentially would have redefined marriage, was defeated, on a party-line vote.
In the Senate SB-200 was heard. This bill creates a state sponsored medical insurance exchange. The sponsors are calling it a "free market" solution, so why does it take a new government program to "free" the market?
The committee room was packed with both sides. One observation during the hearing: The chair for the meeting, Sen. Newell, told several witnesses "you know the drill." That is because those people have been here many times. They are regulars around here. They are also all in favor of the bill. By contrast, several who have obviously not been here before are all opposing the bill. Hmm...
In the end, the bill came down to passing on a party-line vote, but not before an amendment was introduced, originally from the House sponsor, that would probably kill the bill. This bill passes today, but seems destined to not make it into law.
A small victory, but, in HHS, SB-192 continues a system to track controlled substance prescription drugs. It is a necessary program which I support. However, the bill took the fee limit of $7.50 for the program and removed all caps, inviting any cost of the fee the department chooses. With a great deal of negotiation I was able to amend the bill to a greater limit, but a limit nonetheless of $12.
30 - SB-206 will exempt nonprofit groups who create low income housing opportunities (like Habitat for Humanity) from mortgage licensing requirements. This will save nonprofits a great deal of expense and trouble by keeping them out of the mortgage loan bureaucracy. The bill passed HHS.
At noon, on the West Steps of the Capitol, a rally was held in memory of David Hartley, who was killed by thugs on the Texas/Mexico border six months ago. Mexican authorities have not found/returned his body or charged anyone with the crime. His widow, Tiffany, and several others made a courageous stand for justice. Justice for the resolution of his tragic murder and justice through better protection of U.S. citizens in the future. Several dozen people and many members of the press attended the rally. After the rally I brought Tiffany and a few others to the governor's office so they could deliver a written letter to the governor.
25 - At the request of a few legislators, including myself, a hearing was held to determine if the state implementation plan for controlling haze was meeting its legal requirements. This also gave a limited opportunity to revisit the efficacy of this overall mandate to shutdown coal fired power plants and replace them with gas fired power plants. Some estimate the plan will ultimately cost electric rate payers a billion dollars. In the hearing one citizen from Loveland pointed out that for all of this cost it will end up (according to the government's own report) reducing haze by a factor a little less than what can even be perceived by the average observer!
24 - SB-172, creating civil unions for same-sex and different-sex couples passed out of the Senate with all of the Democrats as sponsor or co-sponsors.
As a review, here were my observations of this bill when it passed Judiciary Committee on March 7: This bill creates civil unions in Colorado, for both homosexual and heterosexual couples. The Colorado Constitution specifically defines marriage as being between one man and one woman only. SB-172 creates civil unions which mirror marriage in Colorado law in every respect. The only differences between marriage and civil unions that the sponsor could cite was: 1. The bill creates a commission to study the tax differences between civil unions and marriage. 2. Civil unions are not accepted by many other states. and 3. Federal law does not accept civil unions as an alternative to marriage.
The hearing was held in the Old Supreme Court Chambers, as about 200 people showed up for the hearing. The proponents were primarily same-sex couples asking for their relationships to be treated as normal, acceptable relationships in law and practice.
Additionally, The Anti-Defamation League called this a civil rights issue. The League of Women Voters stated that it is a matter of equality of opportunity for all. One proponent of the bill blasted Focus on the Family for encouraging homosexuals to resist homosexuality. The Colorado Latino Forum strongly endorsed the bill as a civil rights issue.
Opponents of the bill focused on several points, including the moral standard of marriage, as established by God, and the sociological problems with replacing the institution of marriage with a hybrid of marriage and civil unions. Others pointed out that it defies the state constitution, by creating a new form of marriage, with a different term (civil unions).
After several hours of articulate testimony from citizens in Larimer and Weld counties, in favor of HB-1082, the Agriculture Committee defeated the bill. This bill, of which I am a co-prime sponsor would have eliminated Larimer and Weld Counties from the gas vehicle emissions testing program. The vote was party-line.
23 - HB-1258 passed, taking the decision making process away from locally elected coroners.
With every Democrat sponsoring the bill, SB-172, creating civil unions in Colorado, passed second reading. Further discussion on this bill can be found in March 7 entry.
22 - HB-1258, requiring a record of recent pregnancy on a death certificate passed third reading. This is a reasonable point of record, but it is significant that a handful of Democrats, notably those who are strong pro-abortion, voted against this record requirement.
18 - My bill, SB-55 was almost killed in Appropriations. An amendment I had prepared to satisfy the concerns of several senators was rejected on a 5-5 vote (all Democrats except the chairman voted no.0 That left the bill with a "poison pill" amendment the Majority Leader had put on the bill on the floor, which made the bill completely unworkable. The chairman then puled the bill from the table, giving me time to try to find another vote.
16 - In Judiciary HB-1258 will force all county coroners to conduct forensic autopsies for several causes of death. Currently coroners (elected officials) have the discretion to decide when an autopsy is needed. This bill will also not allow any discretion if the family does not wish for an autopsy to be conducted on their loved ones. The bill is one more regulation that takes authority from local elected officials, drives more costs for those local governments and removes all discretion from many situations where families are opposed to an autopsy. The bill passed, 7-2.
11 - In second reading HB-1069 passed, putting one more mandate on school districts. This time it is a mandated number of hours of physical activity each week for students. Recently one of my district's school superintendents noted that they have to abide by 400 mandates. This is one more that should be the decision of the local school board.
10 - In the Senate HHS we had a joint meeting with the House Health Committee to listen to Seth Mnookin, author of "The Panic Virus", a book defending the use of vaccinations and discrediting claims that vaccinations cause autism, or most other health risks. I put this in normal type, indicating it is a risk to our freedoms, as the argument given carries an implicit concept that parents may in the future be forced to have their children vaccinated against their will.
I also use normal type as the presentation was decidedly one-sided. Mr. Mnookin took great pains to argue for vaccinations and gave very little credence to the concerns many have with vaccinations. There is much more to this debate that could not be fully explored in the time allotted for this hearing. I have been exploring this subject for enough years to know the author's arguments were more colored by his conclusions than an objective look at all of the available facts.
Here are a couple of examples of my concerns with Mr. Mnookin's presentation:
I asked what information he had on studies of the effect of vaccinations on the incidence of asthma (which has increased by 300% in the past few decades). His answer was not very direct, and sounded more like a justification than a scientific report.
He stated that mercury is no longer found in pediatric vaccinations in this country. That is no entirely true, as inactive influenza is still preserved with a mercury compound.
HB-1033 passed Senate HHS, eliminating a little bit of red tape for reporting requirements for the insurance industry.
HB-1181 passed HHS. This bill codifies Department of Human Services child fatality review teams. The reason I mention it here is an amendment I suggested for second reading. These investigations are always within the departments, with a veil of secrecy surrounding the issues, due to confidentiality requirements. Unfortunately this leads to many doubting the integrity of the process.
My suggestion is to put two members of the legislature on the review teams. They would have the same confidentiality requirements, but at least the departments would have some outside accountability and members of the General Assembly would gain valuable insight into the dynamics of the system. I was assured by the sponsor, Sen. Newell, that she would come up with a way to make this a part of HB-1181.
This is an process I have been waiting for several years to find a way to put in place. Maybe this is the moment!
9 - Two bills today to highlight, both are steps forward.
In HHS HB-1101 passed, eliminating the licensing requirement for community clinics. These clinics are similar to doctors' offices, which are not licensed, but currently are required to be licensed, just like hospitals. This is one regulation that is finally being repealed!
In State Affairs HB-1095 passed (my first bill to pass in State Affairs in a long while). This bill establishes a password protection for changing business records on the Secretary of State's online registration system. It seems unbelievable, but today anybody can go into the system and change any business record in the system. Identity theft is a big concern, HB-1095 eliminates a way the unscrupulous have used to defraud legitimate businesses in Colorado.
7 - In second reading HB-1069 was discussed, requiring certain levels of physical activity in schools. An admirable goal, but it is not the domain of the legislature. The bill was laid over to tomorrow, but its support in many corners is still evident, hence my listing it in plain face font.
Judiciary Committee considered SB-172 today. This bill creates civil unions in Colorado, for both homosexual and heterosexual couples. The Colorado Constitution specifically defines marriage as being between one man and one woman only. SB-172 creates civil unions which mirror marriage in Colorado law in every respect. The only differences between marriage and civil unions that the sponsor could cite was: 1. The bill creates a commission to study the tax differences between civil unions and marriage. 2. Civil unions are not accepted by many other states. and 3. Federal law does not accept civil unions as an alternative to marriage.
The hearing was held in the Old Supreme Court Chambers, as about 200 people showed up for the hearing. The proponents were primarily same-sex couples asking for their relationships to be treated as normal, acceptable relationships in law and practice.
Additionally, The Anti-Defamation League called this a civil rights issue. The League of Women Voters stated that it is a matter of equality of opportunity for all. One proponent of the bill blasted Focus on the Family for encouraging homosexuals to resist homosexuality. The Colorado Latino Forum strongly endorsed the bill as a civil rights issue.
Opponents of the bill focused on several points, including the moral standard of marriage, as established by God, and the sociological problems with replacing the institution of marriage with a hybrid of marriage and civil unions. Others pointed out that it defies the state constitution, by creating a new form of marriage, with a different term (civil unions).
After several hours of testimony the committee voted to approve SB-172 by a vote of 6-3 (I voted no).
3 - In HHS SB-171 was considered. This expands an existing teen pregnancy prevention program. When the program was first brought before the legislature some years ago, it was clearly presented as a program that did not encourage abortions. I voted for that bill in 2006. However, in the sunset review of this program, given on February 9, one of the organizations urging us to continue and expand this program was Planned Parenthood, who said they hope to work with this program in the future.
Today I asked the sponsor and other witnesses if abortion referrals ever come from the program. They insisted that abortion referrals were not a part of the program, but at the same time one of the witnesses said they did not know what individual referrals were made.
Additionally, the program was prohibited from using any general fund dollars and now the recommendation is to allow general fund dollars for its administration. Here we go again, another new program for the general fund, and in this case a program that has worked well without general funds. Even as happened at the sunset review hearing, an amendment to maintain the prohibition on use of general fund dollars was defeated on a party-line vote (I supported the amendment.)
Color me skeptical that this program will continue to be a primarily abstinence based program that is off-line from the general fund budget. In fact, in the sunset review hearing testimony it was stated the department already devotes at least 2/5ths of an FTE to the program and the person from the department who directs "reproductive rights" issues already has some involvement with abortion services for some pregnancies other than for the life of the mother, as Article Five, Section Fifty of the Colorado Constitution prohibits.
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24 - A small victory: Last week I reported in my weekly legislative update that SB - 164 included back-filling the general fund with dollars from the Domestic Abuse Program Fund, which includes money from an income tax checkoff for domestic abuse programs. Today the Joint Budget Committee asked for permission to go back and change that. They will not actually reduce the amount, but they will specifically carve out the tax checkoff funds. This helps the bill, but does not fully cure the problems of the bill.
In HHS SB-171 was considered, creating a database of people accused of elder abuse, or, in the words of the bill, mistreatment of at-risk adults by caretakers. I say accused, as they do not have to be convicted of the crime they are accused of committing. Instead, the department is to make its own judgement, based on a standard lower than criminal convictions: "preponderance of evidence."
Additionally, the database is supposed to cost $441,000 for the first year alone. Since the bill only requires a list of names to be available to the public, any cost for this database is not justified. The bill was laid over to let the sponsor work on amendments.
Final bill in HHS is HB-1105. This bill essentially doubles the penalties for assault on emergency medical care providers, with some compulsory sentencing as well. the bill passed, 6-2.
23 - In HHS SB-128 was heard. It mandates that child-only medical insurance policies be guarantee-issue for all children, regardless of pre-exisiting conditions. The argument of the proponents is that since Obamacare will require guarantee-issue for all in 2014, and for some policies today, this new mandate will not drive up premium costs at all. The costs are going up already, because of Obamacare.
I found it quite discouraging that the insurance industry is asking for this mandate. In testimony their representative, Mr. Price, said they are assuming Obamacare is the law of the land and are trying to work within that reality. However, there also seems to be another reality: when the government creates mandates for all, they then can all increase their rates together. Their complicity with the mandates helps their bottom line.
My major concern with this bill is that it is one more prop to support Obamacare and, even if the courts throw out Obamacare (which two Federal judges have already done), it will still be in state statute. At a bare minimum, Obamacare's viability is questionable. Our laws should recognize that reality and not legislate it into fact with our own state laws.
Guarantee-issue for medical insurance is great for the person who needs it, but if it prices everybody else out of the market, no one wins. Without the prop of Obamacare, SB-128 will drive up premium prices. Ultimately SB-128 is one more step down the road to full government control and rationing of medical care.
SB-128 passed HHS. I was the only dissenting vote.
21 - SCR-001 passed third reading, 25-9, with all Democrats supporting the measure and nine Republicans, myself included, voting against. See the Feb. 18 discussion for more details on the measure.
SB-034 passed third reading, expanding the list of mandatory reporting professionals, again. SB-043 passed, requiring pharmaceutical companies to submit a plan to the state of Colorado for the safe disposal of used needles. An admirable goal, but in testimony it became obvious that this bill will not change anything, except to make more paperwork for businesses.
18 - In second reading SCR-001 was considered. This bill ratchets up the voting majority requirement for constitutional changes. Currently it takes a majority (50%) to approve any constitutional change. This measure would increase it to 60%, except for repealing any amendment approved prior to 2013. Those measures could be repealed with a simple majority. I, and several other Republicans, spoke against and voted against the bill, but it did pass second reading today.
One final observation: it takes a 2/3 majority to pass a referred measure, so it will take a few Republican votes to get it passed. The sponsors apparently have those votes, hence they will call this a bipartisan effort. However, all legislative opposition is on the Republican side of the isle.
17 - SB-88 passed HHS today, reauthorizing the direct entry midwife program in Colorado. I put this in bold, as this is allowing midwives to continue to practice in Colorado, and it slightly expands their scope of practice.
SB-169, concerning regulation of physical therapists, also adds a new regulated profession in Colorado: physical therapist assistants. The bill passed, 7-2.
16 - The big issue for me today is my bill, SB-122, in Judiciary Committee. This bill would fix an inequity in the process of foreclosure sales. Today a junior lien holder can buy out the bid winner of a foreclosure sale for essentially the price of the winning bid. This invites a lot of gaming of the system, as a shrewd investor can buy a junior lien and force the bid winner to buy them out, usually with a high premium added (usually thousands of dollars). SB-122 cures this problem, nearly all of the groups in this industry supports the bill. Nonetheless, the bill was killed on a party-line vote.
15 - In HHS SB-114 was considered, continuing a prescription drug monitoring program that tracks the use of controlled substances. This is a current program that helps keep track of how many drugs are given to individual patients. I see no problem with allowing this program to continue. The problem is with the fee, currently fixed at no more than $7.50. SB-114 removes the cap and allows the department to charge whatever they think it should cost. Removing such legislative authority is one more step in ramping up the cost of government. The legislature, now more than ever, should not be abdicating their control over the cost of government. The bill passed, 7-2.
SB-125 increases the nursing home provider fee from $7.50 per day, per private pay bed, plus inflation to $12. It passed 5-3.
14 - In third reading SB-164 passed on a party-line vote. This bill takes about $100,000,000 from various funds to the general fund, to balance the budget. There are several problems with this bill. First, it takes money from many funds that were funded by specific fees for that fund's purpose only. The legislature should never take those funds any more than they should step outside and literally hold-up local citizens to help balance the budget. Second, there is a gratuitous slap at the new Secretary of State, taking $4,000,000 from his budget, which was funded by the fees on Colorado businesses, for the purpose of running the Secretary of State offices. Third, these various funds should be decided individually, even as was done back in 2003 and 2004. It is not appropriate to require the legislature to make this decision for all funds in one vote.
In Judiciary Committee SB-72 was heard, increasing the standards and penalties for violating employment anti-discrimination law in Colorado. Bottom line: this bill will cost jobs, as it increases the regulations and expenses for employment in Colorado. My pledge to the people of District 15 was to make jobs the top priority. I voted no, but the bill passed 5-4, on a party-line vote.
SB-68 expands the ability of citizens to sue for deceptive trade practices. The law requires a proof that the practice creates a significant public impact. This bill removes that standard. If someone is defrauded by a business, unfair trade practices are not the only remedy they have in the courts, they can sue for damages, both real and punitive. This bill invites much more litigation. It passed on a party-line vote.
In State Affairs Committee two of my bills were heard: SB-56, eliminating the use tax for out of state sales in Colorado and SB-121, directing all severance taxes collected beyond $100,000,000 to the general fund, a fund to provide property tax relief, and repay much of the money the legislature has taken from the Department of Natural Resources' water projects fund ($60,000,000). Both were defeated on a party-line vote, which is standard for the State Affairs Committee.
11 - Negative supplementals were considered in second reading today. The bills are, for the most part, making small reductions in departments, trimming back some personnel costs by 1%, removing some vehicle leasing costs, etc. Those bills were not in question. However, two issues were troubling. Sen. Morse, the Majority Leader brought two amendments that look like cheap political shots at the Secretary of State and Attorney General, trimming both of their budgets back. Both measures passed on, essentially, party-line votes. The other controversy was over a bill raiding ten cash funds. Many Western Slope senators opposed the bill because of money coming from severance taxes. I opposed the bill because of the bundling of disparate funds in one bill, some are a legitimate source of revenue for the general fund, but others are taken from fees designated for specific purposes.
10 - The big topic in HHS today was SB-40, mandating coaches receive training on concussions and are held to statutory standards for handling suspected concussions on the playing field for students, ages 11-19. A very strong case was made for the significance of managing concussions in sports. The weaker side of the debate was concerning the necessity for a state law dictating this process. None-the-less, the bill passed, 7-2. i and Sen. Mitchell voted against the bill.
A small step forward, with SB-103 passing HHS, repealing the Benefit Design Advisory Committee. It is just a cleanup in the statute, as the committee has not met since 2007. I and Sen. Foster are the co-prime sponsors for the bill. One less page for the statute books..
9 - In HHS committee a sunset review of the Teen Pregnancy and Dropout Prevention Program was heard. This has been two programs in Mesa and Montrose Counties that we have been assured have been effective in preventing pregnancy among teens. When the program was first brought before the legislature some years ago, it was clearly presented as a program that did not encourage abortions. I voted for that bill in 2006. However, today one of the organizations urging us to continue and expand this program was Planned Parenthood, who said they hope to work with this program in the future.
Additionally, the program was prohibited from using any general fund dollars and now the recommendation is to allow general fund dollars for its administration. Here we go again, another new program for the general fund, and in this case a program that has worked well without general funds. An amendment to maintain the prohibition on use of general fund dollars was defeated on a party-line vote (I supported the amendment.)
Color me skeptical that this program will continue to be a primarily abstinence based program that is off-line from the general fund budget. In fact, in testimony it was stated the department already devotes at least 2/5ths of an FTE to the program and the person from the department who directs "reproductive rights" issues already has some involvement with abortion services for some pregnancies other than for the life of the mother, as Article Five, Section Fifty of the Colorado Constitution prohibits.
SB-42 was considered in HHS. This bill would flip the organ donor provision on Colorado drivers licenses from opt-in to opt-out. As important and laudable as organ donations are, everyone who has talked to me (and many people have brought it to my attention) are adamantly opposed to this bill. Voluntary participation is one thing, requiring citizens to make this decision with their drivers license application is another thing. For a variety of reasons, including the sponsor's request, SB-42 was killed.
SB-008 passed HHS, expanding the Medicaid caseload for children. It passed, but I voted against it, for two reasons. First, we have increased Medicaid about 50% in the past few years, more increases are not even possible, given our current budget limitations. Secondly, the argument given for the bill was that the expansion simply allowed children covered CBHP (commonly called "chip-plus") to be covered y Medicaid. The argument is that it is less expensive under Medicaid. Here is the catch: for years I have been told by the experts down here that CBHP is much more cost effective than Medicaid for covering children. Now we have a bill before us expanding Medicaid and Medicaid magically becomes less costly than CBHP. The numbers don't make sense and I see no clear-sut rationale to expand the caseload for Medicaid again.
7 - In Judiciary committee SB-004 was considered. This bill adds crimes against the homeless to the list of hate crimes. Essentially it means that if a crime is committed against someone who is in a protected class (in this case the homeless) the penalties are increased. Hate crimes create a two tiered system of justice. I opposed this bill, but it passed on a party-line vote.
4 - The Senate adhered to their position on HJR-1007, the budget setting resolution we battled over last Monday (January 31.) This was another round of debate over the spend more or live within our means issue. In the end the Democrats had their way, but not without our making the point that they want to spend more and we want to live within our means.
Ronal Reagan's 100 birthday is this Sunday, February 6. Today the Senate passed a resolution honoring this great patriot. However, not until the Democrats proposed an amendment talking about his promoting amnesty in 1986 and tax increases he backed in Washington and Sacramento (as governor of California.) Their attempt to color his legacy with these less than conservative policies was stoutly beat back by several Republican senators at the well. Ultimately the resolution passed, without any amendment.
3 - In HHS SB-043 will require drug companies to create a system for taking back used needles, in order to get the needles out of waste disposal systems, which is a risk to people who handle waste disposal. This is a problem, but in testimony it became clear that the industry is already doing what they can to take back the needles. Additionally, compliance by consumers to the programs are less than 40%. This is just one more government mandate that at best will do nothing more than require more paperwork for medical businesses and at worst be the first in a series of legislation that will strictly control the private use of needles. The bill passed, 6-3.
The next bill in HHS was SB-034, adding one more group of professionals to the mandatory child abuse reporting group. This time it is people who work with the WIC Supplemental Nutrition Program. They will now will join the long list of professionals who we do not trust to make their own judgement as to when it is appropriate to report a suspected problem. The bill passed, but not with my vote.
Next up in HHS is SB-019, which would remove a prohibition on small employers reimbursing employees for medical insurance costs, when the employer does not offer medical insurance. This prohibition seems crazy and one would think we would never prohibit an employer from providing help of any kind to their employees to obtain medical insurance, but that is how the statute reads. In this case HHS passed this common sense bill.
As a final action for the day my Medicaid reform bill, SB-006, was killed by HHS. This bill would have created an optional program for older Coloradans on Medicaid that would give them more autonomy in their medical decisions and could save the state's general fund millions of dollars. Another free market reform shot down in a Senate committee.
2 - In HHS the governor's appointment for director of Public Health and Environment, Dr. Chris Urbina, was interviewed for Senate confirmation. He is eminently qualified for the position, but in testimony his attitude toward CO2 and it's presumed effect on global warming, which drives much of his department's policies, was troubling. Sen. Mitchell and I tried to determine if he was open to both sides of the global warming debate. The point on which I pressed him concerned CO2. Does he call it a pollutant, or was he open to consider and balance public policy with the other side of the debate as well? This is a fundamental point that flips a lot of switches which will increase regulatory control and put in place a wide range of repressive economic policies. In the end he admitted his mind was made up. In his opinion CO2 is a pollutant and therefore I can only conclude his policies will b one sided on this highly controversial issue. With such extreme views, I could not support his confirmation.
1 - The Senate was closed, due to the severe cold and snow. For the day, in the senate, our liberties were not compromised.
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In HHS SB-36 was considered. It would release property owners from most liability if they allow mountain bikers to ride on their land. This is similar to the liability ski resorts, farmers with corn maizes, and owners of mountain property with hiking trails currently enjoy. It will free up the concerns of many property owners who would like to accommodate mountain bikers, but do not want to end up in court over their generosity. The trial lawyers opposed the bill and it died in committee on a party-line vote.
28 - Today I discovered a little noticed item in this week's news reports. According to the Denver Post and the Loveland Reporter Herald, Governor Hickenlooper is finally coming out with some specifics on his financial policies. In an AP story they quote him: "Some way we have to get a fair way of taxing everyone evenly. Maybe a value added tax" Wow! For all of his business friendly speeches, this is over the top.
27 - In HHS a sunset bill was considered for the Electronic Prescription Drug Monitoring Program. One recommendation from the Department of Regulatory Agencies was to remove the surcharge cap of $7.50 to pay for the program. This is typical of recent state policies, where fees of all descriptions are no longer limited and far too often then grow at an extraordinary pace. The Pharmacy Board, who administers the program, had no reason for removing the cap, other than they want the ability to raise as much as they think they need, whenever they think they need it.
My amendment to keep the cap in place was defeated on a party-line vote, so the authority to increase taxing and spending continues.
Today I was quite disappointed to learn that the Colorado Association of Commerce and Industry (CACI) is opposing HB-1025, repealing the hospital bed tax. I am the Senate sponsor for this bill. The bed tax was put in place to help expand Medicaid, which has rocketed up 50% in the past few years, costing our general fund an additional $600,000,000, on top of the $2-300,000,000 the bed tax is costing Colorado citizens. The total cost increase amounts to over 1.2 billion dollars. CACI is choosing to keep the taxing and spending ramped up to levels we cannot afford.
26 - The Senate approved the governor's appointment of the executive director of The Department of Labor and Employment, Ellen Golombek. The vote was essentially party-line (Sen. White being the only exception). The problem is not a question of her expertise, but rather, her extensive background in leading labor and related organizations that have extreme policies and objectives. These include high profile positions with Planned Parenthood and America Votes, Director of Government Affairs for SEIU (a very liberal, political activist public employee union) and President of Colorado AFL-CIO.
Here we go again, the bureaucracy is starting to grow, again. In HHS we had a sunset review for regulation of physical therapists. However, a rather extensive amendment to the bill draft included regulating another profession, physical therapist assistants (PTAs). It should also be noted that DORA (Department of Regulatory Affairs) rejected the regulation of PTAs for this legislation.
An attempt to remove the PTA regulation was not successful, and I therefore could not support this legislation for renewing the physical therapists' regulation system.
Two developments on the concealed carry permit database (which is referred to as CHP -concealed handgun permit) came up today.
First, I received a response from the director of the CBI to my letter asking how the CBI justifies the inclusion of this database into the Colorado Crime Information Center (CCIC). My initial letter is covered in greater detail in the January 18 entry.
Director Sloan's response was essentially to retract what he said in committee last week and imply that any criteria other than a name will not allow access to the concealed carry permit database, sort-of.
His exact words are: "In response to your question during my presentation to the Joint Judiciary Committee on January 18, 2011, I noted that law enforcement normally queries the CHP database using name and date of birth. That response was somewhat misleading in that in most cases law enforcement is not directly querying the CHP database using that criteria. They are instead searching all of the databases in CCIC with name and further identifying criteria (date of birth). In essence, when said query hits the CHP database, the only criteria that would trigger a response would be the "name based search. ' The date of birth identifier would only come into consideration if there were more than one person in the database with the same name. Additionally, I have been advised that if a law enforcement officer were to query CCIC by other criteria (date of birth, address, driver's license, etc.), those queries would not qualify for searching of the CHP database."
Did you get the process here? The law says searchable by name only, but the system it is embedded in provides the name through a number of other data points and then searches that database with the name (usually). Or, is he saying that without the name on the front end, there is no access to the CHP database? I am not sure what is being described.
If anyone has had an experience of a peace officer knowing they had a CCW permit before giving the officer their name, I would like to hear about it.
Okay, now for the second development today. During a confirmation hearing I asked the newly appointed director to the Department of Public Safety, Jim Davis, what he thought of the concealed carry permit database. His answer was not very supportive of the current system. He said he thinks that if the database is to have any real value it needs to be complete and accurate. That would require mandatory reporting from all counties, or none at all.
25 - A small observation at this point. The Senate is starting very slowly this year. Much is due to a requirement for departments to give general reports to committees of reference in the first 15 days of the session. This leaves little time for the mischief of too much legislation, at least in the first couple of weeks, hence I note this in bold, as our liberties have not been threatened much (yet).
19 - My bill (SB-056) to eliminate use tax for out of state sales was assigned by the senate president to the State Affairs Committee. This is known as the "killer committee." When a bill is assigned to that committee that is not clearly within the subject area of state, military, and veteran affairs, it was probably sent there to be killed on a party-line vote. I find it quite disappointing to see such heavy-handed partisan politics so early in this session. None-the-less, I will present the best case I can to the committee to get rid of this use(less) tax.
In HHS a sunset review of the Direct Entry Midwife program was heard and the draft of the bill continuing the program was approved. I was designated as a co-prime sponsor, with Senator Carroll. With additional authorities granted to the direct entry midwives, this is a small step forward for freedom for the citizens of Colorado.
18 - In a joint hearing of the House and Senate Judiciary Committees we heard briefings from several department heads. Two points covered troubled me. From the Office of the Alternate Defense Counsel they spoke of a pilot program in Mesa County that is being promoted to "educate" judges and others in the Judiciary Department to drop subjective criteria in their decision making process and only use "scientific" information. First on the list of subjective criteria we should abandon was "religion", followed by other sources from whence we derive our values. I have a degree in social science, and I know far too well how subjective that "science" is. Justice must come from our shared values and the timeless truths that every discipline, particularly religion, has given us. Unfortunately, at least in one pilot program of our Judicial system, social science is being held up as the supreme value for justice.
The other troubling point was given by Ron Sloan, Director of the Colorado Bureau of Investigation. In answer to a question I posed, he said the statewide concealed carry permit database is searchable by a wide range of data queries, such as date of birth, drivers license number, address, etc.. The law states: "...any database operated by a state agency that includes permittees shall be searchable only by name." -CRS 18-12-206(3) (a)
As I read it, the CBI database is operating in violation of the law. I will bring this to the attention of Director Sloan and report back his response.
17 - Today is a holiday, Martin Luther King Day, so there were no official legislative events. However, the RSCC held a dinner, with Former U.S. Senator Bill Armstrong. We had about 30 legislators attend and Senator Armstrong gave an inspiring speech urging us to hold fast to the conservative principles of limited government.
14 - The Supreme Court Chief Justice addressed the General Assembly. Compared to past speeches I have heard from the previous Chief Justice, his was refreshing, as he did not spend his time asking for more money. Of course, in previous years we already gave them the money, through increased court fees and they are already spending it (nearly a half-billion dollars) on a new judicial building.
Today's speech centered on the administration of the judicial department, and a generous amount of time on the principles of justice and the rule of law.
13 - The governor gave his state of the state address. His speech was short on specifics, but the tone was commendable. He called for a "sustainable fiscal path", "direct, pragmatic discussions", regulatory impact statements on all legislation to measure regulatory burden, and "hard work, honesty, and integrity." I look forward to working toward these goals for all of the citizens of Colorado.
Subjects I would have liked to hear in his speech include ways to promote the top industry in our state, oil and gas (which he used to be a part of), lowering tax burdens for all of Colorado, honoring the dignity of life and the institution of marriage, and promoting educational choice.
Understanding the political terrain down here, I know it is very unrealistic to expect a governor from his political party to embrace all of these principles of good government, but still..
This afternoon the Health committees heard from the Department of Health and the department that administers Medicaid. We learned that Medicaid costs and caseload have grown by about 50% over the past five years. We also learned that their intention is to grow the caseload as much as they can, to try to get everyone they can into the government support systems for medical care.
The Health Department warned that if the Federal government tightens up on their clean air standards (again), much more of Colorado will be stuck in their emissions control areas.
12 - Today the session began. All was pomp and ceremony, with no legislative actions that substantially affect policy. I report this paragraph in bold, as I am hopeful that there will be positive steps taken this year for freedom. However, the speeches from the leadership of both parties may give some hint of things to come.
Senate President Shaffer led with a call for more funding for education, particularly higher education, including a special mention of the first bill assigned this year (SB-1), which he said will create a new fund for higher education. He praised past incentives and mandates, citing last years increased renewable energy mandate as an example of the policies he considers good for Colorado.
Republican leader, Mike Kopp called for a firm commitment to controlling taxes and streamlining regulations to help businesses thrive and create more jobs for Colorado citizens.
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2011 Freedom Watch
Home / The Issues / 2011 Session
So much that happens at the legislature happens in very small steps, but each step leads in a clear direction. Far too often that direction is for more government control of private businesses, individual citizens, and families.
2011 Freedom Watch is my journal of those many steps that are taken every day during the legislative session.
It is a compilation of the good bills, the bad bills, and any other actions of note. Unfortunately, the good bills promoting healthy families, freedom and personal responsibility are rare and will seldom be found in a list of bills passed by the Colorado legislature in 2011.
Bills that take steps in the right direction, or bad bills that are defeated will be listed in bold typeface.
Here is my running commentary on the 2011 session, with the latest entry at the top of the page:
2011 Freedom Watch is my journal of those many steps that are taken every day during the legislative session.
It is a compilation of the good bills, the bad bills, and any other actions of note. Unfortunately, the good bills promoting healthy families, freedom and personal responsibility are rare and will seldom be found in a list of bills passed by the Colorado legislature in 2011.
Bills that take steps in the right direction, or bad bills that are defeated will be listed in bold typeface.
Here is my running commentary on the 2011 session, with the latest entry at the top of the page:
May
11 - Last day! My final bill, SB-88, the midwife bill, finally passed both houses in its final version.10 - On this next to the last day most of the time was spent waiting for redistricting negotiations to occur. Unfortunately it was all for naught, as the Democrats and the Republican values are so different. The Democrats highest value is "competiveness." The Republicans highest value is keeping communities of interest intact. This includes keeping the Eastern Plains in one district and following county lines whenever possible. The Republican plan is designed to give Colorado's representatives the clearest mandate from their districts. For example, with one representative from the Eastern Plains, the wheat farmers and ranchers have a focused advocate in Congress, rather than two people who are most concerned with the greater populations in their respective districts. For the Democrats it is all about political advantage, trying to measure how many districts they can win as the hisest priority.
The rest of today was spent in final bill actions, including a heavy handed move on the Senate president at 9:00 PM, assigning 12 bills to certain doom by giving them two committees, with no chance for either hearings before time has run out to pass the bills. Senator Kopp, the Republican leader, wrote an official letter of protest over this action.
9 - Wow, what a day! This is the 118th day of the session. On third reading SB -270 passed, giving public safety officers special powers state-wide to stop motorists on certain roadways and solicit donations. It passed, 18-17.
SB-251 passed, eliminating limits on fees for firework and fire suppression programs.
HB-1195 passed, creating a new licensing program, this one for private investigator's. I will say that the bill had one redeeming aspect, the licensing program is voluntary, a unique concept for licensure.
On second reading SB-168, designed to set up a form of universal, government run, medical care for Colorado was defeated. The bill passed, on essentially a party-line vote, but the sponsor then ran an amendment to kill the bill, stating she did not want it to move forward without Republican support.
Finally, after a full day of committee and floor work, at 8:00 PM we tackled the redistricting bill. The Democrats ran their bill, and then filibustered their own bill! They intentianally ran the clock out till midnight, refusing to vote on their own bill. This was incredible. I can only presume they must not like it either. Once midnight arrived, the clock ran out for the Democrat bill to pass this session, as we needed two additional days for it to fully pass both houses.
This is the first time, to my knowledge, that a majority party filibustered their own bill past midnight, on the 118th day of the session, intentionally killing their own bill without a vote. And this was, in many ways, the most important bill of the session.
6 - Third reading was a refreshing change, as several good bills were considered, and passed, including:
SB-261, allowing more access to the publishing of Colorado's statutes,
HB-1005, eliminating the Ag Tax, put in place last year and,
HB-10093, giving farmers more flexibility in use of their farm equipment without being taxed at a commercial rate.
4 - Today started with a lot of strong issues. First up was a Senate resolution creating "Adolescent Sexual and Reproductive Health Month in Colorado." Unfortunately it read like a manifesto for the abortion industry. I was able to get an amendment acknowledging that abstinence is 100% effective, and another good amendment also passed, sending the resolution to crisis pregnancy centers around the state. The resolution passed with ten of us opposing.
SB-186, covered in yesterday's entry, passed third reading 18-17. Also passing was HB-1275, limiting how many minutes commercial diesel vehicles can be idled (no more than 5 minutes per hour). I opposed both bills.
HB-1254 passed second reading, requiring local schools to track bullying, and develop a bullying plan and a dress code for their schools. An amendment to define bullying as repeated incidents was defeated, as the sponsor wants a strict, zero tolerance attitude toward bullying. On a posiitive note, we did get an amendment on the bill to include political intimidation in schools as bullying. Overall, however, this bill creates too much paperwork, and too many "politically correct" notions in law.
SB-258 addresses a real problem we have for small food preparers who sell their products at farmer"s markets. Today they are supposed to abide by all commercial food preparers regulations and cannot make the food in their residential kitchen. However, instead of simply exempting them out, the bill creates a new set rules fees, and registration hoops to jump through.
3 - Two bills passed third reading, I am the sponsor of both bills, listed in yesterday's entry, HB-1095 and HB-1241.
In second reading SB-186 died on a division vote. This bill would replace the private bail bondsmen with a "pre-trial" style public bonding system. This bill grows the government at the expense of a private business and it sets more firmly in place a system that punishes the charged before they are convicted.
And then the committee of the whole report was amended, and 186 passed, 18-17.
In other action in second reading HB-1275, limiting the time commercial diesel vehicles can idle their engines passed.
2 - SB-244 passed third reading (see April 29 entry for the details of the bill). For the comments I made in debate, click here. The bill passed, but nine of us voted against SB-244.
In third reading HB-1296 passed, extending a "temporary" sales tax on cigarettes. This is in addition to the additional, heavy per-pack taxes on cigarettes.
In second reading two of my bills passed: HB-1241, simplifying a tax exemption for organizations like Habitat for Humanity and HB-1095, authorizing the Secretary of State to password protect online business record filings.
In Judiciary committee SB-261 was passed, increasing the options citizens have in copying and disturbting Colorado statutes. I ran a bill several years ago, allowing the distribution of up to 200 sections. SB-261 acknowledges that the statutes (but not the annotations) are public domain and should be available for anyone to publish. The only requirement, essentially, is that the copy be accurate.
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April
29- I call SB-244 the brothel bill, for it eliminates the section of Colorado law (CRS18-7-208) that prohibits providing a facility for unmarried sexual activity. The sponsor's claim, and the bill's title says this is all about crimes that include marital status as an element of the crime. It is true that marital status is a factor, but this bill also removes the law that specifically prohibits providing a facility for sexual activity outside of marriage. SB-244 passed second reading.28- In HHS committee SB-196 was heard. This bill will make the over the counter cold remedy drugs that can be used to make methamphetamine a prescription only medication in Colorado. If this would fix the meth problem, it might be worth the compromise in liberty and the costs to citizens this would exact, but nobody says it can stop meth. The bill died on a 2-7 vote.
Again in HHS, SB-250 increases Medicaid caseload, again. This time increasing the qualification level for pregnant women from 133% to 185% of the federal poverty level. The bill passed, 7-2.
27 - In third reading SB-200, creating a "health care exchange," was passed with all Democrats supporting the bill and all Republicans voting against the bill. During the debate I read extensively from Federal Judge Roger Vinson's decision declaring Obamacare unconstitutional. Juge Vinson's points are many, but his main point is: "In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government."
HB-1291, the SIP bill discussed extensively in previous entries, passed the Senate with ten Republicans voting no (including myself).
In second reading SB-207, regulating roofing was considered. Two amendments were accepted, one I brought forth, exempting painting roofs from the roofer licensure requirement. The other amendment required E-verify to be used for all roofing companies. After the E-verify amendment was accepted the bill was killed by a voice vote. That means the majority leadership then wanted the bill killed, and killed it right there.
In HHS two bills passed, both repealing programs. SB-247 ends the Colorado Early Childhood Council Advisory Team, first created in 2007. SB-248 repeals the "Bedding Act," first created in 1941.
In Judiciary SB-243 passed, 8-1 (I was the lone vote against). This bill repeals a law put in place in 2006 that put a stiff fine against anyone forging identity documents (no less than $50,000). I remember my thoughts in 2006, when I supported the legislation. The penalty was so high that no one would dare forge the documents.
The reason given for SB-243 was: nobody has been charge with the crime, so it moist not be working. How about: the law is working because it has been a sufficient deterrent.
26 - In Judiciary SB-244 passed. This bill repeals the prohibition of adultery and the criminal offense of providing a facility for sexual acts. I voted against the bill primarily because of a concern for how this interacts with prostitution laws. Currently prostitution is illegal, pandering is illegal (arrainging for prostitution), and providing the facility for prostitution is illegal. SB-244 would make the facility component legal.
In second reading the HB-1291 passed, after two amendments were rejected. One would have inserted SB-236 into the bill, the other (my amendment) would have inserted SB-237 into the bill. Our argument was simple, save the people of Colorado $120-130 million by trimming out the most unnecessary parts of the HB-1291 SIP. They were truly modest compromises, but the majority stuck with their extreme, and extremely expensive plan, at a huge cost to the people of Colorado.
25 - Today the SIP bills were up for consideration. See the April 16 entry for an overall description of the SIP issue.
HB-1291, the most expensive option for Colorado, was brought up for second reading in the Senate. I strongly objected, because my bill, SB-237 and the other SIP bill, SB-236, were to be given their one (and probably only) public hearing this afternoon. I contended that the Senate needed all of the information before debating any of the measures on the Senate floor. After protesting the necesity for my request being granted, the majority leader (and sponsor of HB-1291) did lay the bill over to tomorrow.
In State Affairs Committee, in the afternoon, SB-236 and SB-237 were both heard, and killed, on a party-line vote. However, the testimony was powerful. My bill, the most modest change to the SIP, would probably save $120,000,000! Claims by Excel and the State Health Department that the EPA would reject the SIP if SB-237 were approved were effectively refuted by Mr. William Yeatman, from the Competitive Enterprise Institute, who flew out from Washington D.C. to testify on the bill.
Now, armed with this information I am ready to have the debate on the Senate floor concerning HB-1291.
In Judiciary committee, one more profession is being regulated, as private investigators will be licensed in Colorado.. The only good news is this bill makes the licensing voluntary, not mandatory.
20 - In Appropriations Committee my bill, SB-55, requiring basic information to be provided to citizens who must submit to electronic scanning systems, was killed. With the exception of the chairman, who supported the bill, the vote was party-line.
In third reading in the Senate the following bills were passed:
SB-127, increasing the child seatbelt laws, again. This time it will ban the use of most vehicles without shoulder harnesses from transporting a child who is required to have a child safety seat.
SB-177 provides more funding for Planned Parenthood, this time through a teen pregnancy and dropout prevention program.
SB-004 adds homelessness to the hate crimes laws, increasing penalties for crimes against the homeless.
HB-1145 increases background check requirements for child care facilities.
SB-192 increases the fee for a prescription drug monitoring program from $7.50 to $12.50. In all fairness, in committee it was reduced from allowing an unlimited fee, but still the increase is substantial.
19 - The re-districting issue continues to heat up. The general assembly is charged with redistricting every ten years. This time the Democrats and the Republicans said they would work together and therefore formed a committee to accomplish that goal. Unfortunately, when the two sides finally came out with their respective maps last week, the Republicans made small adjustments to existing districts, while the Democrats drew completely new districts, completely scrambling the map. Today is a public hearing for the redistricting committee, this time at the capitol. Ultimately it will be up to the Democrats to find a position that is not as extreem, or their extreem position will force this process out of the consitutional jurisdiction of the legislature and into the hands of the courts. The people will lose, and the system will have won.
18 - The in-state tuition bill passed the Senate in third reading, on a party-line vote. Need I say any more?
16 - This is Saturday, but the politics doesn't stop for weekends. Today I learned that some significant disinformation is being circulated about the SIP bill (State Implementation Plan for controlling haze) - SB-237, last week that I recently introduced and the overall direction I want our state to head in this area. The impression being given is that I am increasing the EPA's regulatory control of Colorado air quality issues. Nothing could be further from the truth. In fact, my bill is the exact opposite!
Several people from Senate District 15 have told me they received a phone call in the last few days from an organization telling them I am opposing another SIP bill that was introduced, and running one myself which puts a greater regulatory burden on Colorado. The only policy difference between the two bills is mine specifically removes the most unnecessary requirements, which should save electric utility rate payers over $20,000,000 a year. One of the citizens who talked to me gave me the phone number that came up on their caller ID with the call. It rings though to the Colorado Oil and Gas Association.
I don't mind honest debate on the issues, but lets work with the facts:
I have consistently spoken out against the heavy handed control that the EPA exerts over Colorado citizens in many ways. In 2008 I sponsored a bill to remove diesel emission testing in Weld, Larimer, and El Paso counties. This year I, along with Rep. Vaad and Sen. Renfroe sponsored a bill to remove Larimer and Weld counties from the gas vehicle testing program. We all want to ensure our air and water are clean, but these are programs that cost way more than they accomplish.
SB-237 modifies the SIP submitted by the Public Utilities Commission in January. The bill also calls for a clear and transparent examination of what the SIP will cost and what effect it will actually have on the haze in Colorado. I want the people to have all of the facts clearly presented in public testimony. The bill is scheduled for a hearing in State Affairs on April 25.
Issues like these SIP bills may seems remote, and just more political squabbling, but at the end of the day, we the people end up paying the bill. I will not back down from any issue, or group, that wants to saddle us with more unnecessary costs to our daily lives.
15 - Today the instate tuition for illegal immigrants bill was in second reading in the Senate. It passed on a party-line vote.
13 - In third reading a couple of the bills passed are noted: SB-206 exempts government agencies and self-help housing organizations (i.e. - Habitat For Humanity) from mortage loan regulation. HB-1182 increases fees for titling vehicles (only ten cents, but an increase nonetheless).
In HHS SB-227 was considered. This bill modifies the seatbelt laws in such a way that will effectively outlaw children, who must be in a child restraint system, from being transported in a vehicle that does not have shoulder strap restraints. Most vehicles are so equipped, but for those that do not have the shoulder restraint, it will not be legal for these children to be transported in these vehicles. The driving reason for the bill is to get $600,000 from the Federal government, which was withheld because of the current state statute. The bill passed on a party-line vote.
In Judiciary Committee HB-1211 was heard. HB-1211 limits the amount that can be paid for travel related expenses by state related entities. This comes out of the much publicized and far too extravagant golfing junket that Pinnacol Assurance board members were given. As I see the bill, it is a typical over-reaction to an exceptional problem. Included in the bill is a complete prohibition of paying travel expenses for a spouse. I agree with holding the line on expenses, but this is too much micro-management from the top down. After much discussion the bill was laid over.
11 - The budget debate dominated the Senate last week, culminating in the final (third reading) vote today, Monday morning. A series of bills were bundled together to comprise the final, negotiated product. I supported most of the bills, but did vote against the Long Bill (the actual budget bill.)
In many ways the budget debate in Washington D.C., that we have all been watching has been somewhat parallel to our process here in Denver. The Republicans control the House, the Democrats have everything else. People across the political spectrum are starting to demand we live within our means, forcing the big government advocates to finally compromise some of their programs and budgets
8 - Today the Senate considered the budget package of bills in second reading, including the long bill. There is much to be said of this package of bills, some of which is disussed on April 5, and some of which I will discuss in my comments for the third reading vote on next Monday. Two details on the long bill amendments l note here:
An amendment was offered (which I co-sponsored) prohibiting funding for any provider of abortion services. The amendment failed, which is not surprising, but the vote was stark. Twelve Republicans co-sponsored the bill and we were the only ones who voted for the bill. Not a single Democrat supported the bill, even though the amendment simply reflects Article V, section 50 of the Colorado constitution.
Another amendment requiring the enforcement of the current concealed carry law, including college campuses, was defeated on a party-line vote...
I introduced SB-237, concerning the SIP (State Implementation Plan) for controlling haze. This bill modifies the SIP submitted by the Public Utilities Commission in January. The bill also calls for a clear and transparent examination of what the SIP will cost and what effect it will actually have on the haze in Colorado. I want the people to have all of the facts clearly presented in public testimony.
7 - Today was Homeschool Day at the Capitol. Well over 1500 people showed up, and despite a forecast for cloudy skies and possible rain, it was a beautiful spring day with light sunshine and comfortable temeratures. The morning activities were held at the Pillar of Fire Church, just down the street from the capitol. The church was packed out with people standing, sitting on the floor, and waiting outside. Dr. Mike Farris, from Home School Defense Association spoke about our liberties and the Parental Rights Amendment. An effective, dramatic reenactment of Patrick Henry's famous speech was given. During the noon rally Sen. Renfroe was given the Statesman of the Year award.
Little action was taken in the Senate, as the budget bill debate will be held tomorrow.
5 - AM - The good news is: little has happened in the Senate in the past few days, for everything has ground to a halt for the budget, which is not yet agreed upon for introduction. The Senate Republicans are working on some initial assumptions with the Senate Democrats. The budget will then, theoretically, have a generally agreed upon starting point. Being in the minority, I see wisdom to these negotiations. The alternative is for the majority party in the Senate to write their own bill and the majority party in the House to then pass their own bill, and drag out the negotiation process to occur after both houses vote on their separate versions, which may take more time than our deadlines for this session allows (we end by May 11.)
The agreement we are looking at includes no use of fee-based cash funds and no new taxes. It restores the 4% reserve (currently reduced, at 2%), eliminates the ag tax (part of last year's "dirty dozen" tax increaese), and restores much of the vendor fee for retail businesses (about $40,000,000.)
The bad news: Despite some minor structural changes to this year's budget, the major structural changes are still not on the table. The biggest cost driver, Medicaid (which is up 40% in this budget!) is still on automatic pilot. The over all budget will still grow, unlike the characterization that it is a "billion dollars" less. Given the political realites, I am not sure we can expect much better at this point in the process.
PM - New infromation... An agreement on the starting point for the budget has been reached. It should be introduced today. In addition to the above mentioned details, the software tax will be repealed after July 2012. Tomorrow we should be able to consider the long bill. (If everything holds together that long.)
6 - Today we are in caucus over the long bill. This year we are including all of the bills encompassing the agreements to balance the budget that were reached earlier this week, including the school finance bill. It is a daunting task to understand the whole package. There are many pieces, of which many have been moving around a bit (as new estimates of their effects have continued to come in.)
Overall the revenues estimated for next year are about the same as this year. Budget cuts are coming for many departments because some other programs are still growing through forces we cannot easily alter. Medicaid, most notably, is the largest program that is completely on "automatic pilot." In addition, last year Federal stimulus dollars propped up higher ed and k-12 public schools by hundreds of millions of dollars. For this coming budget year we do not have these Federal dollars and must find state funds to backfill the short fall.
Short of structural changes to the state budget, like reorganizing Medicaid, all that we have left is to simply tighten up everywhere possible.
In terms of the general fund, Medicaid is still growing by about $500,000,000. For public education, because other sources of funding are shrinking, or going away, the k-12 line item is $331,000,000 higher in the general fund, but still the overall effect is a $250,000,000 cut over last year.
The general fund will end up $176,000,000 higher than last year, at $7,013,000,000 (rounding to the nearest million.)
The overall budget ends up at $19,254,000,000, reflecting a reduction of $658,000,000.
This budget is the best I have seen down here, and it may get us through another twelve months, but it does not contain the structural changes we need for the long-term. At this point I am not sure if I am going to support it or not.
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March
31 - In Senate Finance one of my bills, HB-1241, was defeated, sort of. It failed on a 3-3 party-line vote. One Democrat, the chairman, was absent. This means the bill can be brought up again, but for now the bill is dead in the water. This bill fixed a problem low-income housing providers, such as Habitat for Humanity have. If they hold raw land for future projects, they are charged property tax, if they don't work through a local government housing authority. HB-1241 streamlines the regulations for non-profits like Habitat and helps them become more efficient in their private effort to build low income housing.This afternoon was a busy time in both houses. In the House the civil union bill was in Judiciary. The final fate of this bill was decided today. I attended a prayer vigil for its defeat at noon. After many hours of testimony the civil union bill, which essentially would have redefined marriage, was defeated, on a party-line vote.
In the Senate SB-200 was heard. This bill creates a state sponsored medical insurance exchange. The sponsors are calling it a "free market" solution, so why does it take a new government program to "free" the market?
The committee room was packed with both sides. One observation during the hearing: The chair for the meeting, Sen. Newell, told several witnesses "you know the drill." That is because those people have been here many times. They are regulars around here. They are also all in favor of the bill. By contrast, several who have obviously not been here before are all opposing the bill. Hmm...
In the end, the bill came down to passing on a party-line vote, but not before an amendment was introduced, originally from the House sponsor, that would probably kill the bill. This bill passes today, but seems destined to not make it into law.
A small victory, but, in HHS, SB-192 continues a system to track controlled substance prescription drugs. It is a necessary program which I support. However, the bill took the fee limit of $7.50 for the program and removed all caps, inviting any cost of the fee the department chooses. With a great deal of negotiation I was able to amend the bill to a greater limit, but a limit nonetheless of $12.
30 - SB-206 will exempt nonprofit groups who create low income housing opportunities (like Habitat for Humanity) from mortgage licensing requirements. This will save nonprofits a great deal of expense and trouble by keeping them out of the mortgage loan bureaucracy. The bill passed HHS.
At noon, on the West Steps of the Capitol, a rally was held in memory of David Hartley, who was killed by thugs on the Texas/Mexico border six months ago. Mexican authorities have not found/returned his body or charged anyone with the crime. His widow, Tiffany, and several others made a courageous stand for justice. Justice for the resolution of his tragic murder and justice through better protection of U.S. citizens in the future. Several dozen people and many members of the press attended the rally. After the rally I brought Tiffany and a few others to the governor's office so they could deliver a written letter to the governor.
25 - At the request of a few legislators, including myself, a hearing was held to determine if the state implementation plan for controlling haze was meeting its legal requirements. This also gave a limited opportunity to revisit the efficacy of this overall mandate to shutdown coal fired power plants and replace them with gas fired power plants. Some estimate the plan will ultimately cost electric rate payers a billion dollars. In the hearing one citizen from Loveland pointed out that for all of this cost it will end up (according to the government's own report) reducing haze by a factor a little less than what can even be perceived by the average observer!
24 - SB-172, creating civil unions for same-sex and different-sex couples passed out of the Senate with all of the Democrats as sponsor or co-sponsors.
As a review, here were my observations of this bill when it passed Judiciary Committee on March 7: This bill creates civil unions in Colorado, for both homosexual and heterosexual couples. The Colorado Constitution specifically defines marriage as being between one man and one woman only. SB-172 creates civil unions which mirror marriage in Colorado law in every respect. The only differences between marriage and civil unions that the sponsor could cite was: 1. The bill creates a commission to study the tax differences between civil unions and marriage. 2. Civil unions are not accepted by many other states. and 3. Federal law does not accept civil unions as an alternative to marriage.
The hearing was held in the Old Supreme Court Chambers, as about 200 people showed up for the hearing. The proponents were primarily same-sex couples asking for their relationships to be treated as normal, acceptable relationships in law and practice.
Additionally, The Anti-Defamation League called this a civil rights issue. The League of Women Voters stated that it is a matter of equality of opportunity for all. One proponent of the bill blasted Focus on the Family for encouraging homosexuals to resist homosexuality. The Colorado Latino Forum strongly endorsed the bill as a civil rights issue.
Opponents of the bill focused on several points, including the moral standard of marriage, as established by God, and the sociological problems with replacing the institution of marriage with a hybrid of marriage and civil unions. Others pointed out that it defies the state constitution, by creating a new form of marriage, with a different term (civil unions).
After several hours of articulate testimony from citizens in Larimer and Weld counties, in favor of HB-1082, the Agriculture Committee defeated the bill. This bill, of which I am a co-prime sponsor would have eliminated Larimer and Weld Counties from the gas vehicle emissions testing program. The vote was party-line.
23 - HB-1258 passed, taking the decision making process away from locally elected coroners.
With every Democrat sponsoring the bill, SB-172, creating civil unions in Colorado, passed second reading. Further discussion on this bill can be found in March 7 entry.
22 - HB-1258, requiring a record of recent pregnancy on a death certificate passed third reading. This is a reasonable point of record, but it is significant that a handful of Democrats, notably those who are strong pro-abortion, voted against this record requirement.
18 - My bill, SB-55 was almost killed in Appropriations. An amendment I had prepared to satisfy the concerns of several senators was rejected on a 5-5 vote (all Democrats except the chairman voted no.0 That left the bill with a "poison pill" amendment the Majority Leader had put on the bill on the floor, which made the bill completely unworkable. The chairman then puled the bill from the table, giving me time to try to find another vote.
16 - In Judiciary HB-1258 will force all county coroners to conduct forensic autopsies for several causes of death. Currently coroners (elected officials) have the discretion to decide when an autopsy is needed. This bill will also not allow any discretion if the family does not wish for an autopsy to be conducted on their loved ones. The bill is one more regulation that takes authority from local elected officials, drives more costs for those local governments and removes all discretion from many situations where families are opposed to an autopsy. The bill passed, 7-2.
11 - In second reading HB-1069 passed, putting one more mandate on school districts. This time it is a mandated number of hours of physical activity each week for students. Recently one of my district's school superintendents noted that they have to abide by 400 mandates. This is one more that should be the decision of the local school board.
10 - In the Senate HHS we had a joint meeting with the House Health Committee to listen to Seth Mnookin, author of "The Panic Virus", a book defending the use of vaccinations and discrediting claims that vaccinations cause autism, or most other health risks. I put this in normal type, indicating it is a risk to our freedoms, as the argument given carries an implicit concept that parents may in the future be forced to have their children vaccinated against their will.
I also use normal type as the presentation was decidedly one-sided. Mr. Mnookin took great pains to argue for vaccinations and gave very little credence to the concerns many have with vaccinations. There is much more to this debate that could not be fully explored in the time allotted for this hearing. I have been exploring this subject for enough years to know the author's arguments were more colored by his conclusions than an objective look at all of the available facts.
Here are a couple of examples of my concerns with Mr. Mnookin's presentation:
I asked what information he had on studies of the effect of vaccinations on the incidence of asthma (which has increased by 300% in the past few decades). His answer was not very direct, and sounded more like a justification than a scientific report.
He stated that mercury is no longer found in pediatric vaccinations in this country. That is no entirely true, as inactive influenza is still preserved with a mercury compound.
HB-1033 passed Senate HHS, eliminating a little bit of red tape for reporting requirements for the insurance industry.
HB-1181 passed HHS. This bill codifies Department of Human Services child fatality review teams. The reason I mention it here is an amendment I suggested for second reading. These investigations are always within the departments, with a veil of secrecy surrounding the issues, due to confidentiality requirements. Unfortunately this leads to many doubting the integrity of the process.
My suggestion is to put two members of the legislature on the review teams. They would have the same confidentiality requirements, but at least the departments would have some outside accountability and members of the General Assembly would gain valuable insight into the dynamics of the system. I was assured by the sponsor, Sen. Newell, that she would come up with a way to make this a part of HB-1181.
This is an process I have been waiting for several years to find a way to put in place. Maybe this is the moment!
9 - Two bills today to highlight, both are steps forward.
In HHS HB-1101 passed, eliminating the licensing requirement for community clinics. These clinics are similar to doctors' offices, which are not licensed, but currently are required to be licensed, just like hospitals. This is one regulation that is finally being repealed!
In State Affairs HB-1095 passed (my first bill to pass in State Affairs in a long while). This bill establishes a password protection for changing business records on the Secretary of State's online registration system. It seems unbelievable, but today anybody can go into the system and change any business record in the system. Identity theft is a big concern, HB-1095 eliminates a way the unscrupulous have used to defraud legitimate businesses in Colorado.
7 - In second reading HB-1069 was discussed, requiring certain levels of physical activity in schools. An admirable goal, but it is not the domain of the legislature. The bill was laid over to tomorrow, but its support in many corners is still evident, hence my listing it in plain face font.
Judiciary Committee considered SB-172 today. This bill creates civil unions in Colorado, for both homosexual and heterosexual couples. The Colorado Constitution specifically defines marriage as being between one man and one woman only. SB-172 creates civil unions which mirror marriage in Colorado law in every respect. The only differences between marriage and civil unions that the sponsor could cite was: 1. The bill creates a commission to study the tax differences between civil unions and marriage. 2. Civil unions are not accepted by many other states. and 3. Federal law does not accept civil unions as an alternative to marriage.
The hearing was held in the Old Supreme Court Chambers, as about 200 people showed up for the hearing. The proponents were primarily same-sex couples asking for their relationships to be treated as normal, acceptable relationships in law and practice.
Additionally, The Anti-Defamation League called this a civil rights issue. The League of Women Voters stated that it is a matter of equality of opportunity for all. One proponent of the bill blasted Focus on the Family for encouraging homosexuals to resist homosexuality. The Colorado Latino Forum strongly endorsed the bill as a civil rights issue.
Opponents of the bill focused on several points, including the moral standard of marriage, as established by God, and the sociological problems with replacing the institution of marriage with a hybrid of marriage and civil unions. Others pointed out that it defies the state constitution, by creating a new form of marriage, with a different term (civil unions).
After several hours of testimony the committee voted to approve SB-172 by a vote of 6-3 (I voted no).
3 - In HHS SB-171 was considered. This expands an existing teen pregnancy prevention program. When the program was first brought before the legislature some years ago, it was clearly presented as a program that did not encourage abortions. I voted for that bill in 2006. However, in the sunset review of this program, given on February 9, one of the organizations urging us to continue and expand this program was Planned Parenthood, who said they hope to work with this program in the future.
Today I asked the sponsor and other witnesses if abortion referrals ever come from the program. They insisted that abortion referrals were not a part of the program, but at the same time one of the witnesses said they did not know what individual referrals were made.
Additionally, the program was prohibited from using any general fund dollars and now the recommendation is to allow general fund dollars for its administration. Here we go again, another new program for the general fund, and in this case a program that has worked well without general funds. Even as happened at the sunset review hearing, an amendment to maintain the prohibition on use of general fund dollars was defeated on a party-line vote (I supported the amendment.)
Color me skeptical that this program will continue to be a primarily abstinence based program that is off-line from the general fund budget. In fact, in the sunset review hearing testimony it was stated the department already devotes at least 2/5ths of an FTE to the program and the person from the department who directs "reproductive rights" issues already has some involvement with abortion services for some pregnancies other than for the life of the mother, as Article Five, Section Fifty of the Colorado Constitution prohibits.
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February
28 - Raw political power. That is what we saw today on the Senate floor. Concern was expressed over the handling of the committee hearing for a governor's appointment to the Pinnacol Assurance board. A motion was made to remand the appointment consideration back to committee to complete gathering the information needed to vote on the appointment. It was, with a recommendation from the majority leader to vote no, defeated. The same happened to a motion to lay the vote over until Friday, to allow members to learn more for themselves. Unfortunately, even in these process matters, party-line votes overwhelmed deliberate consideration of appointments.24 - A small victory: Last week I reported in my weekly legislative update that SB - 164 included back-filling the general fund with dollars from the Domestic Abuse Program Fund, which includes money from an income tax checkoff for domestic abuse programs. Today the Joint Budget Committee asked for permission to go back and change that. They will not actually reduce the amount, but they will specifically carve out the tax checkoff funds. This helps the bill, but does not fully cure the problems of the bill.
In HHS SB-171 was considered, creating a database of people accused of elder abuse, or, in the words of the bill, mistreatment of at-risk adults by caretakers. I say accused, as they do not have to be convicted of the crime they are accused of committing. Instead, the department is to make its own judgement, based on a standard lower than criminal convictions: "preponderance of evidence."
Additionally, the database is supposed to cost $441,000 for the first year alone. Since the bill only requires a list of names to be available to the public, any cost for this database is not justified. The bill was laid over to let the sponsor work on amendments.
Final bill in HHS is HB-1105. This bill essentially doubles the penalties for assault on emergency medical care providers, with some compulsory sentencing as well. the bill passed, 6-2.
23 - In HHS SB-128 was heard. It mandates that child-only medical insurance policies be guarantee-issue for all children, regardless of pre-exisiting conditions. The argument of the proponents is that since Obamacare will require guarantee-issue for all in 2014, and for some policies today, this new mandate will not drive up premium costs at all. The costs are going up already, because of Obamacare.
I found it quite discouraging that the insurance industry is asking for this mandate. In testimony their representative, Mr. Price, said they are assuming Obamacare is the law of the land and are trying to work within that reality. However, there also seems to be another reality: when the government creates mandates for all, they then can all increase their rates together. Their complicity with the mandates helps their bottom line.
My major concern with this bill is that it is one more prop to support Obamacare and, even if the courts throw out Obamacare (which two Federal judges have already done), it will still be in state statute. At a bare minimum, Obamacare's viability is questionable. Our laws should recognize that reality and not legislate it into fact with our own state laws.
Guarantee-issue for medical insurance is great for the person who needs it, but if it prices everybody else out of the market, no one wins. Without the prop of Obamacare, SB-128 will drive up premium prices. Ultimately SB-128 is one more step down the road to full government control and rationing of medical care.
SB-128 passed HHS. I was the only dissenting vote.
21 - SCR-001 passed third reading, 25-9, with all Democrats supporting the measure and nine Republicans, myself included, voting against. See the Feb. 18 discussion for more details on the measure.
SB-034 passed third reading, expanding the list of mandatory reporting professionals, again. SB-043 passed, requiring pharmaceutical companies to submit a plan to the state of Colorado for the safe disposal of used needles. An admirable goal, but in testimony it became obvious that this bill will not change anything, except to make more paperwork for businesses.
18 - In second reading SCR-001 was considered. This bill ratchets up the voting majority requirement for constitutional changes. Currently it takes a majority (50%) to approve any constitutional change. This measure would increase it to 60%, except for repealing any amendment approved prior to 2013. Those measures could be repealed with a simple majority. I, and several other Republicans, spoke against and voted against the bill, but it did pass second reading today.
One final observation: it takes a 2/3 majority to pass a referred measure, so it will take a few Republican votes to get it passed. The sponsors apparently have those votes, hence they will call this a bipartisan effort. However, all legislative opposition is on the Republican side of the isle.
17 - SB-88 passed HHS today, reauthorizing the direct entry midwife program in Colorado. I put this in bold, as this is allowing midwives to continue to practice in Colorado, and it slightly expands their scope of practice.
SB-169, concerning regulation of physical therapists, also adds a new regulated profession in Colorado: physical therapist assistants. The bill passed, 7-2.
16 - The big issue for me today is my bill, SB-122, in Judiciary Committee. This bill would fix an inequity in the process of foreclosure sales. Today a junior lien holder can buy out the bid winner of a foreclosure sale for essentially the price of the winning bid. This invites a lot of gaming of the system, as a shrewd investor can buy a junior lien and force the bid winner to buy them out, usually with a high premium added (usually thousands of dollars). SB-122 cures this problem, nearly all of the groups in this industry supports the bill. Nonetheless, the bill was killed on a party-line vote.
15 - In HHS SB-114 was considered, continuing a prescription drug monitoring program that tracks the use of controlled substances. This is a current program that helps keep track of how many drugs are given to individual patients. I see no problem with allowing this program to continue. The problem is with the fee, currently fixed at no more than $7.50. SB-114 removes the cap and allows the department to charge whatever they think it should cost. Removing such legislative authority is one more step in ramping up the cost of government. The legislature, now more than ever, should not be abdicating their control over the cost of government. The bill passed, 7-2.
SB-125 increases the nursing home provider fee from $7.50 per day, per private pay bed, plus inflation to $12. It passed 5-3.
14 - In third reading SB-164 passed on a party-line vote. This bill takes about $100,000,000 from various funds to the general fund, to balance the budget. There are several problems with this bill. First, it takes money from many funds that were funded by specific fees for that fund's purpose only. The legislature should never take those funds any more than they should step outside and literally hold-up local citizens to help balance the budget. Second, there is a gratuitous slap at the new Secretary of State, taking $4,000,000 from his budget, which was funded by the fees on Colorado businesses, for the purpose of running the Secretary of State offices. Third, these various funds should be decided individually, even as was done back in 2003 and 2004. It is not appropriate to require the legislature to make this decision for all funds in one vote.
In Judiciary Committee SB-72 was heard, increasing the standards and penalties for violating employment anti-discrimination law in Colorado. Bottom line: this bill will cost jobs, as it increases the regulations and expenses for employment in Colorado. My pledge to the people of District 15 was to make jobs the top priority. I voted no, but the bill passed 5-4, on a party-line vote.
SB-68 expands the ability of citizens to sue for deceptive trade practices. The law requires a proof that the practice creates a significant public impact. This bill removes that standard. If someone is defrauded by a business, unfair trade practices are not the only remedy they have in the courts, they can sue for damages, both real and punitive. This bill invites much more litigation. It passed on a party-line vote.
In State Affairs Committee two of my bills were heard: SB-56, eliminating the use tax for out of state sales in Colorado and SB-121, directing all severance taxes collected beyond $100,000,000 to the general fund, a fund to provide property tax relief, and repay much of the money the legislature has taken from the Department of Natural Resources' water projects fund ($60,000,000). Both were defeated on a party-line vote, which is standard for the State Affairs Committee.
11 - Negative supplementals were considered in second reading today. The bills are, for the most part, making small reductions in departments, trimming back some personnel costs by 1%, removing some vehicle leasing costs, etc. Those bills were not in question. However, two issues were troubling. Sen. Morse, the Majority Leader brought two amendments that look like cheap political shots at the Secretary of State and Attorney General, trimming both of their budgets back. Both measures passed on, essentially, party-line votes. The other controversy was over a bill raiding ten cash funds. Many Western Slope senators opposed the bill because of money coming from severance taxes. I opposed the bill because of the bundling of disparate funds in one bill, some are a legitimate source of revenue for the general fund, but others are taken from fees designated for specific purposes.
10 - The big topic in HHS today was SB-40, mandating coaches receive training on concussions and are held to statutory standards for handling suspected concussions on the playing field for students, ages 11-19. A very strong case was made for the significance of managing concussions in sports. The weaker side of the debate was concerning the necessity for a state law dictating this process. None-the-less, the bill passed, 7-2. i and Sen. Mitchell voted against the bill.
A small step forward, with SB-103 passing HHS, repealing the Benefit Design Advisory Committee. It is just a cleanup in the statute, as the committee has not met since 2007. I and Sen. Foster are the co-prime sponsors for the bill. One less page for the statute books..
9 - In HHS committee a sunset review of the Teen Pregnancy and Dropout Prevention Program was heard. This has been two programs in Mesa and Montrose Counties that we have been assured have been effective in preventing pregnancy among teens. When the program was first brought before the legislature some years ago, it was clearly presented as a program that did not encourage abortions. I voted for that bill in 2006. However, today one of the organizations urging us to continue and expand this program was Planned Parenthood, who said they hope to work with this program in the future.
Additionally, the program was prohibited from using any general fund dollars and now the recommendation is to allow general fund dollars for its administration. Here we go again, another new program for the general fund, and in this case a program that has worked well without general funds. An amendment to maintain the prohibition on use of general fund dollars was defeated on a party-line vote (I supported the amendment.)
Color me skeptical that this program will continue to be a primarily abstinence based program that is off-line from the general fund budget. In fact, in testimony it was stated the department already devotes at least 2/5ths of an FTE to the program and the person from the department who directs "reproductive rights" issues already has some involvement with abortion services for some pregnancies other than for the life of the mother, as Article Five, Section Fifty of the Colorado Constitution prohibits.
SB-42 was considered in HHS. This bill would flip the organ donor provision on Colorado drivers licenses from opt-in to opt-out. As important and laudable as organ donations are, everyone who has talked to me (and many people have brought it to my attention) are adamantly opposed to this bill. Voluntary participation is one thing, requiring citizens to make this decision with their drivers license application is another thing. For a variety of reasons, including the sponsor's request, SB-42 was killed.
SB-008 passed HHS, expanding the Medicaid caseload for children. It passed, but I voted against it, for two reasons. First, we have increased Medicaid about 50% in the past few years, more increases are not even possible, given our current budget limitations. Secondly, the argument given for the bill was that the expansion simply allowed children covered CBHP (commonly called "chip-plus") to be covered y Medicaid. The argument is that it is less expensive under Medicaid. Here is the catch: for years I have been told by the experts down here that CBHP is much more cost effective than Medicaid for covering children. Now we have a bill before us expanding Medicaid and Medicaid magically becomes less costly than CBHP. The numbers don't make sense and I see no clear-sut rationale to expand the caseload for Medicaid again.
7 - In Judiciary committee SB-004 was considered. This bill adds crimes against the homeless to the list of hate crimes. Essentially it means that if a crime is committed against someone who is in a protected class (in this case the homeless) the penalties are increased. Hate crimes create a two tiered system of justice. I opposed this bill, but it passed on a party-line vote.
4 - The Senate adhered to their position on HJR-1007, the budget setting resolution we battled over last Monday (January 31.) This was another round of debate over the spend more or live within our means issue. In the end the Democrats had their way, but not without our making the point that they want to spend more and we want to live within our means.
Ronal Reagan's 100 birthday is this Sunday, February 6. Today the Senate passed a resolution honoring this great patriot. However, not until the Democrats proposed an amendment talking about his promoting amnesty in 1986 and tax increases he backed in Washington and Sacramento (as governor of California.) Their attempt to color his legacy with these less than conservative policies was stoutly beat back by several Republican senators at the well. Ultimately the resolution passed, without any amendment.
3 - In HHS SB-043 will require drug companies to create a system for taking back used needles, in order to get the needles out of waste disposal systems, which is a risk to people who handle waste disposal. This is a problem, but in testimony it became clear that the industry is already doing what they can to take back the needles. Additionally, compliance by consumers to the programs are less than 40%. This is just one more government mandate that at best will do nothing more than require more paperwork for medical businesses and at worst be the first in a series of legislation that will strictly control the private use of needles. The bill passed, 6-3.
The next bill in HHS was SB-034, adding one more group of professionals to the mandatory child abuse reporting group. This time it is people who work with the WIC Supplemental Nutrition Program. They will now will join the long list of professionals who we do not trust to make their own judgement as to when it is appropriate to report a suspected problem. The bill passed, but not with my vote.
Next up in HHS is SB-019, which would remove a prohibition on small employers reimbursing employees for medical insurance costs, when the employer does not offer medical insurance. This prohibition seems crazy and one would think we would never prohibit an employer from providing help of any kind to their employees to obtain medical insurance, but that is how the statute reads. In this case HHS passed this common sense bill.
As a final action for the day my Medicaid reform bill, SB-006, was killed by HHS. This bill would have created an optional program for older Coloradans on Medicaid that would give them more autonomy in their medical decisions and could save the state's general fund millions of dollars. Another free market reform shot down in a Senate committee.
2 - In HHS the governor's appointment for director of Public Health and Environment, Dr. Chris Urbina, was interviewed for Senate confirmation. He is eminently qualified for the position, but in testimony his attitude toward CO2 and it's presumed effect on global warming, which drives much of his department's policies, was troubling. Sen. Mitchell and I tried to determine if he was open to both sides of the global warming debate. The point on which I pressed him concerned CO2. Does he call it a pollutant, or was he open to consider and balance public policy with the other side of the debate as well? This is a fundamental point that flips a lot of switches which will increase regulatory control and put in place a wide range of repressive economic policies. In the end he admitted his mind was made up. In his opinion CO2 is a pollutant and therefore I can only conclude his policies will b one sided on this highly controversial issue. With such extreme views, I could not support his confirmation.
1 - The Senate was closed, due to the severe cold and snow. For the day, in the senate, our liberties were not compromised.
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January
31 - The annual resolution estimating the general fund revenues for next year came our way. The House set the number at $6.898 billion. Majority Leader Morse offered an amendment to increase the estimate to $7.093 billion. The question is spend at the max or live within our means. The resolution was also compromised with the amendment by specifying where any excess dollars would be spent. I have never seen this added to this annual resolution before and hope we never see it again. The resolution passed on a party-line vote.In HHS SB-36 was considered. It would release property owners from most liability if they allow mountain bikers to ride on their land. This is similar to the liability ski resorts, farmers with corn maizes, and owners of mountain property with hiking trails currently enjoy. It will free up the concerns of many property owners who would like to accommodate mountain bikers, but do not want to end up in court over their generosity. The trial lawyers opposed the bill and it died in committee on a party-line vote.
28 - Today I discovered a little noticed item in this week's news reports. According to the Denver Post and the Loveland Reporter Herald, Governor Hickenlooper is finally coming out with some specifics on his financial policies. In an AP story they quote him: "Some way we have to get a fair way of taxing everyone evenly. Maybe a value added tax" Wow! For all of his business friendly speeches, this is over the top.
27 - In HHS a sunset bill was considered for the Electronic Prescription Drug Monitoring Program. One recommendation from the Department of Regulatory Agencies was to remove the surcharge cap of $7.50 to pay for the program. This is typical of recent state policies, where fees of all descriptions are no longer limited and far too often then grow at an extraordinary pace. The Pharmacy Board, who administers the program, had no reason for removing the cap, other than they want the ability to raise as much as they think they need, whenever they think they need it.
My amendment to keep the cap in place was defeated on a party-line vote, so the authority to increase taxing and spending continues.
Today I was quite disappointed to learn that the Colorado Association of Commerce and Industry (CACI) is opposing HB-1025, repealing the hospital bed tax. I am the Senate sponsor for this bill. The bed tax was put in place to help expand Medicaid, which has rocketed up 50% in the past few years, costing our general fund an additional $600,000,000, on top of the $2-300,000,000 the bed tax is costing Colorado citizens. The total cost increase amounts to over 1.2 billion dollars. CACI is choosing to keep the taxing and spending ramped up to levels we cannot afford.
26 - The Senate approved the governor's appointment of the executive director of The Department of Labor and Employment, Ellen Golombek. The vote was essentially party-line (Sen. White being the only exception). The problem is not a question of her expertise, but rather, her extensive background in leading labor and related organizations that have extreme policies and objectives. These include high profile positions with Planned Parenthood and America Votes, Director of Government Affairs for SEIU (a very liberal, political activist public employee union) and President of Colorado AFL-CIO.
Here we go again, the bureaucracy is starting to grow, again. In HHS we had a sunset review for regulation of physical therapists. However, a rather extensive amendment to the bill draft included regulating another profession, physical therapist assistants (PTAs). It should also be noted that DORA (Department of Regulatory Affairs) rejected the regulation of PTAs for this legislation.
An attempt to remove the PTA regulation was not successful, and I therefore could not support this legislation for renewing the physical therapists' regulation system.
Two developments on the concealed carry permit database (which is referred to as CHP -concealed handgun permit) came up today.
First, I received a response from the director of the CBI to my letter asking how the CBI justifies the inclusion of this database into the Colorado Crime Information Center (CCIC). My initial letter is covered in greater detail in the January 18 entry.
Director Sloan's response was essentially to retract what he said in committee last week and imply that any criteria other than a name will not allow access to the concealed carry permit database, sort-of.
His exact words are: "In response to your question during my presentation to the Joint Judiciary Committee on January 18, 2011, I noted that law enforcement normally queries the CHP database using name and date of birth. That response was somewhat misleading in that in most cases law enforcement is not directly querying the CHP database using that criteria. They are instead searching all of the databases in CCIC with name and further identifying criteria (date of birth). In essence, when said query hits the CHP database, the only criteria that would trigger a response would be the "name based search. ' The date of birth identifier would only come into consideration if there were more than one person in the database with the same name. Additionally, I have been advised that if a law enforcement officer were to query CCIC by other criteria (date of birth, address, driver's license, etc.), those queries would not qualify for searching of the CHP database."
Did you get the process here? The law says searchable by name only, but the system it is embedded in provides the name through a number of other data points and then searches that database with the name (usually). Or, is he saying that without the name on the front end, there is no access to the CHP database? I am not sure what is being described.
If anyone has had an experience of a peace officer knowing they had a CCW permit before giving the officer their name, I would like to hear about it.
Okay, now for the second development today. During a confirmation hearing I asked the newly appointed director to the Department of Public Safety, Jim Davis, what he thought of the concealed carry permit database. His answer was not very supportive of the current system. He said he thinks that if the database is to have any real value it needs to be complete and accurate. That would require mandatory reporting from all counties, or none at all.
25 - A small observation at this point. The Senate is starting very slowly this year. Much is due to a requirement for departments to give general reports to committees of reference in the first 15 days of the session. This leaves little time for the mischief of too much legislation, at least in the first couple of weeks, hence I note this in bold, as our liberties have not been threatened much (yet).
19 - My bill (SB-056) to eliminate use tax for out of state sales was assigned by the senate president to the State Affairs Committee. This is known as the "killer committee." When a bill is assigned to that committee that is not clearly within the subject area of state, military, and veteran affairs, it was probably sent there to be killed on a party-line vote. I find it quite disappointing to see such heavy-handed partisan politics so early in this session. None-the-less, I will present the best case I can to the committee to get rid of this use(less) tax.
In HHS a sunset review of the Direct Entry Midwife program was heard and the draft of the bill continuing the program was approved. I was designated as a co-prime sponsor, with Senator Carroll. With additional authorities granted to the direct entry midwives, this is a small step forward for freedom for the citizens of Colorado.
18 - In a joint hearing of the House and Senate Judiciary Committees we heard briefings from several department heads. Two points covered troubled me. From the Office of the Alternate Defense Counsel they spoke of a pilot program in Mesa County that is being promoted to "educate" judges and others in the Judiciary Department to drop subjective criteria in their decision making process and only use "scientific" information. First on the list of subjective criteria we should abandon was "religion", followed by other sources from whence we derive our values. I have a degree in social science, and I know far too well how subjective that "science" is. Justice must come from our shared values and the timeless truths that every discipline, particularly religion, has given us. Unfortunately, at least in one pilot program of our Judicial system, social science is being held up as the supreme value for justice.
The other troubling point was given by Ron Sloan, Director of the Colorado Bureau of Investigation. In answer to a question I posed, he said the statewide concealed carry permit database is searchable by a wide range of data queries, such as date of birth, drivers license number, address, etc.. The law states: "...any database operated by a state agency that includes permittees shall be searchable only by name." -CRS 18-12-206(3) (a)
As I read it, the CBI database is operating in violation of the law. I will bring this to the attention of Director Sloan and report back his response.
17 - Today is a holiday, Martin Luther King Day, so there were no official legislative events. However, the RSCC held a dinner, with Former U.S. Senator Bill Armstrong. We had about 30 legislators attend and Senator Armstrong gave an inspiring speech urging us to hold fast to the conservative principles of limited government.
14 - The Supreme Court Chief Justice addressed the General Assembly. Compared to past speeches I have heard from the previous Chief Justice, his was refreshing, as he did not spend his time asking for more money. Of course, in previous years we already gave them the money, through increased court fees and they are already spending it (nearly a half-billion dollars) on a new judicial building.
Today's speech centered on the administration of the judicial department, and a generous amount of time on the principles of justice and the rule of law.
13 - The governor gave his state of the state address. His speech was short on specifics, but the tone was commendable. He called for a "sustainable fiscal path", "direct, pragmatic discussions", regulatory impact statements on all legislation to measure regulatory burden, and "hard work, honesty, and integrity." I look forward to working toward these goals for all of the citizens of Colorado.
Subjects I would have liked to hear in his speech include ways to promote the top industry in our state, oil and gas (which he used to be a part of), lowering tax burdens for all of Colorado, honoring the dignity of life and the institution of marriage, and promoting educational choice.
Understanding the political terrain down here, I know it is very unrealistic to expect a governor from his political party to embrace all of these principles of good government, but still..
This afternoon the Health committees heard from the Department of Health and the department that administers Medicaid. We learned that Medicaid costs and caseload have grown by about 50% over the past five years. We also learned that their intention is to grow the caseload as much as they can, to try to get everyone they can into the government support systems for medical care.
The Health Department warned that if the Federal government tightens up on their clean air standards (again), much more of Colorado will be stuck in their emissions control areas.
12 - Today the session began. All was pomp and ceremony, with no legislative actions that substantially affect policy. I report this paragraph in bold, as I am hopeful that there will be positive steps taken this year for freedom. However, the speeches from the leadership of both parties may give some hint of things to come.
Senate President Shaffer led with a call for more funding for education, particularly higher education, including a special mention of the first bill assigned this year (SB-1), which he said will create a new fund for higher education. He praised past incentives and mandates, citing last years increased renewable energy mandate as an example of the policies he considers good for Colorado.
Republican leader, Mike Kopp called for a firm commitment to controlling taxes and streamlining regulations to help businesses thrive and create more jobs for Colorado citizens.
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