Printed on 6/20/08
First, SB 246 passed, opening the way for better discounts for prescription drugs in Colorado. I and Rep Jahn sponsored this bill in the House. It completes the work we started last year on modifying the Unfair Trade Practices Act to allow below cost discounting of gas, drugs and other "loss leader" sales.
The second positive note of the day is that we ended this year's session.
This legislature will not be able to add any more taxes, fees, or regulations onto the backs of Colorado's citizens and businesses. Nor will they be setting anymore policies that assumes the whole "global warming" debate is a settled issue and consequently demands we shut off our energy development and cripple our economy in deference to this unproven theory.
Finally, this legislature will also not be running any more measures that redefines the family, replaces the family with more government programs or strips away anymore of the few remaining public policies that still support the notions that in a free society individuals are responsible for themselves and parents have the primary responsibility to raise their own children as they see best.
May 5 - SB 233 passed third reading, authorizing the unconstitutional loans required to fulfill the priority list for colleges and universitites in HJR 1042, discussed in the May 2 entry for Freedom Watch.
In State Affairs HCR 1014 was killed. This was the "Referendum C on Steroids" ballot question that would have permanently ended TABOR refunds and put government on an even bigger spending spree than they are currently on. The Speaker had it killed because he could not find the 2/3 majority needed to pass the measure.
May 2 - In third reading the following bills passed:
SB 219, regulating massage therapists.
SB 200, expanding anti-discrimination laws to include sexual orientation (see discussion for May 1.)
SB 217, developing a plan to mandate medical insurance for all people in Colorado.
In the Finance committee HJR 1042 was approved, which is a priority list for capitol projects for our state colleges and universities. That is not a problem, but it is also assuming those schools get over $400,000,000 in loans for those projects, without the constitutionally required vote of the people.
May 1 - In second reading SB 200 was passed. This is a comprehensive bill expanding prohibitions against discrimination concerning sexual orientation. One amendment was allowed, providing some protection for churches against the public accommodation provisions of the bill. The bill still exerts many heavy handed controls over private citizens exercising their freedoms of association and commerce.
As an example that was given in the debate, a wedding photographer would be forced to take all photography jobs, regardless of the sexual orientation of the "couple."
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SB 60 puts an additional fee on auto insurance policies.
SB 184 creates a "clean energy finance program." This bill subsidizes renewable energy improvements for homeowners and adds additional regulations for those utilizing the program (which makes the project more expensive.) SB 184 passed by a virtual party-line vote.
HB 1407 adds additional burdens on insurance companies, which will drive up the cost of insurance policies again. This bill also passed by a virtual party-line vote.
April 29 - The following bills passed third reading:
SB 206 increases court fees by 37% in order to pay for a new Justice Center. The bill also authorizes the building which will cost over $500,000,000!
HB 1410 mandates colorectal cancer screening for medical insurance policies. The fiscal note for the bill says that this mandate will increase the cost of medical insurance for families more than $95 per year.
In State Affairs committee HCR 1014 was heard. This is the Speaker's bill which creatively ends all future TABOR tax refunds by pumping all excess dollars into the State Education Fund. It is Referendum C on steroids. This bill was laid over, as the Speaker probably does not have 2/3 of the House to pass this constitutional change.
April 28 - Twenty eight bills were considered and passed on third reading, including:
SB 193 guts the state requirement that contractors with the state verify the legal status of their employees. This provision was put in place during the 2006 regular session. This bill creates an alternative to the employers using the Federal E-verify program. The modest measures we have put in place to insure that the residents of Colorado are legal residents are being stripped away...
SB 143 dramatically increases the cost of special license plates by making the one time $50 fee an annual $50 fee.
SB 186 creates another license plate, this one promoting the governor's "Carbon Fund." For a more detailed description, my comments on this bill are listed on the page linked here.
April 25 - The torrent of bills is increasing during these last few days of the session. Thirty-seven bills were put on the second reading list and twelve bills were voted on and passed in third reading. Among the third reading bills were seven particularly bad bills. Those onerous bills are:
SB 214 increases fees on hospitals. The purpose of the fees is to pull down more Federal funds. An interesting scheme, but we the taxpayer still end up paying the bill.
SB 160 increases the income ceiling for families for Medicaid benefits for children. This gets back to the SCHIP debate Congress was embroiled in last fall. Medicaid, which was designed for the poor, is moving into subsidization of the middle class.
SB 165 creates one more advisory council.
SB 131 increases spending for the Old Age Pension Health and Medical Care Fund.
SB 57 puts one more mandate on private medical insurance policies. This one is to force all plans to provide hearing aid benefits for children. Like so many mandates, a useful benefit, but it drives the cost of medical insurance that much further away form families who cannot afford it.
SB 152 (passed on essentially a party-line vote) regulates one more profession, occupational therapists.
SB 51 creates a new fee and authorizes the increase on an existing fee. The fee increase has no limit, but the initial estimate is and increase from $75 to well over $1000! These fees are for boiler inspections and explosives permits.
April 24 - By a party-line vote HB 1356 passed third reading. This bill is concerning landlord and tenant relations. It is one sided, giving tenants more authority over the landlord/tenant relations. This bill will make it more difficult for landlords, which will ultimately drive up the cost of rental units, which ironically makes it worse for both the landlord and the tenant.
One bright note for liberty occurred in second reading. SB 104 was defeated on a division. This bill increased the penalty for violating the unlawful packaging of recorded materials to become a felony for 100 or more items. Here is the problem: unlawful packaging simply means it is a crime for not putting the name and address of the "manufacturer" and the name of the artist or performer on the packaging of the recorded item. I was the first to come to the mic to point out the unintended consequence of making it a felony to neglect to put ones address on 100 CDs. Several agreed and the bill was killed.
In the State Affairs Committee two concurrent resolutions were defeated by part-line votes. Both would have brought issues before the people for their approval. HCR 1006 would have asked the people to vote on the property tax increase that the legislature and the governor imposed upon the people last year (without a vote from the people.) HCR 1007 would have required full disclosure of all contributions to state political committees. Currently contributors of less than $20 are not reported to the Secretary of State. As a consequence the largest PACs, union controlled small donor committees have collected millions of dollars without any public disclosure of the contributors.
April 23 - Command and control. That is the theme of the this year's session and today is a clear example.
The following bills were a part of the third reading calendar. All of them passed:
SB 55 increased fees for stationary sources of air emissions and spends nearly two million dollars each year.
SB 153 regulates a new industry, home care agencies. The fees will extract over $800,000 from these agencies and slap a new regulatory burden on them as well. Home care for the aged and disabled will cost that much more.
SB 169 increases the fees for hard rock mining operations, oil shale operations and in situ uranium mining. The fees are not limited by anything except the unspecified costs the department incurs.
SB 167 is also discussed below. I used my entire ten minute allotment of time to explain the difficulties this bill will create for many organizations that are not really colleges, but SB 167 will put them in the same system as what we all recognize as colleges. This bill will not as much fix the problems that initially motivated the bill as it will create problems and dilemmas for many fine organizations across Colorado that provide useful training and instruction for many Colorado citizens.
April 22 - In House State Affairs committee SB 193 was passed. This bill removes the requirement that contractors with the state use the Federal E-verify program for checking the legal status of their employees. This requirement for state contractors to use the E-verify system was put in place during the regular session of 2006 (HB06 1343.) I opposed SB 193 because HB06 1343 was barely enough enforcement to insure that state contractors were determining the legal status of their employees. SB 193 waters the requirements down to no real effect at all.
On the House floor, in second reading SB 167 was passed. This is a comprehensive bill giving the department of higher education a great deal of control over private higher education. I carried several amendments, trying to carve out some liberties for religious schools and put a cap on the fees they can charge all schools. All were defeated. The religious exemption died on essentially a party-line vote, I will argue against the bill before the final, third reading vote as well.
April 18 - After two hours of impassioned debate SB 192 passed third reading. This bill restricts picketing in residential areas. It requires picketers to keep moving, not stop and travel at least 300 feet in their route. This bill may not technically violate the First Amendment right to free speech, but it does seriously curb free speech. In addition I argued that it does not cure the problem the bill proponents are trying to fix. This bill does not prevent picketing, it just requires the picketers expand their vigil to include most of a city block.
April 17 - In third reading SB 029 passed, requiring more training for architects for Colorado licensing.
In second reading SB 192 passed. This limits picketing in residential areas. It is a clear removal of some freedoms of speech and I contend it will not lessen the impact on residential areas, but might increase the size of protests in residential areas. The bill requires protesters to only march past a home and not stop and stand. It also expands a protest to most of an entire block, rather than a single home on a block.
In State Affairs committee HCR 1005 was defeated on a party-line vote. This proposal was a very reasonable measure that would have lowered the signature requirement for citizen initiatives making statutory changes.
April 16 - In Finance committee HB 1387 was passed. This bill expands the Low-income Energy Assistance Funding program (LEAP.) The problem with this bill is it puts a band-aid on the problem and ignores the real problem that
April 15 - On this tax day the House passed HB 1368, a bill removing certain sales taxes for equipment used for the production of renewable energy electricity. I supported the bill because it created some tax relief, but I leave the description in plain type (indicating a step away from individual freedoms) because it only helped the big businesses and the language specifically excluded energy storage devices, that are essential for the small, off the grid energy producer. Amendments I proposed to correct that were all rejected.
April 14 - Today two resolutions were passed, HJR 1023 and HJR 1024. Both were honoring servicemen who have lost their lives or are missing inaction. It was a moving ceremony of honor for those who most deserve our honor.
April 11 - In third reading HB 1036 passed, which doubles the fines for several traffic violations in construction zones and authorizes the use of photo radar systems in road construction zones.
HB 1216 also passed third reading, creating a new program and a new fee for "consumer outreach and education" within the Department of Regulatory Agencies.
April 7 - In second reading today SB 128 came up. This bill removes the statutory cap on sales tax rates. In effect it will allow local jurisdictions to set what ever total sales tax rate that they choose. The problem is that it violates the TABOR amendment, which requires a vote of the people to change such tax policies. To be clear, a local jurisdiction would still have to conduct a vote to raise a tax rate, but giving them the authority to raise those rates is also not within the jurisdiction of the legislature without a vote of the people as well. SB 128 passed second reading.
April 2 - In the Finance committee (which lasted until 9:00PM) HB 1340 was killed. This bill would have increased the documentary fee on real estate transactions by 500% for residential sales (after a vote of the people.) The fee increase would have been used to establish an affordable housing fund. So the logic was: increase the cost of housing sales to help keep the cost of housing...
April 1 - In third reading SB 151 passed. It increases the regulation of car sales people, requiring a "prelicensing education program."
SB 129 also passed third reading. This bill takes a bit more authority away from local school boards, requiring all of them to develop nutrition programs for their districts. This is one more bill centralizing the control of the schools at the state level, rather than allowing the locally elected school boards to conduct the affairs of their district as they see best.
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March 26 - HB 1375 was heard in second reading today. There were almost 80 amendments. Debate lasted until 9:35 PM. I carried four amendments. The most important were three amendments that all attempted to set up a short term rainy day fund to help buffer against the looming recession that all economic indicators are pointing toward. The first amendment set aside $133 million, the next was $44 million and the final was $4.4 million (a one tenth of one percent reduction.) All amendments died. The final two I got a recored vote and they were divided right down party-lines. At least we had a clear debate on saving for the future or spending every dime.
Many good amendments were rejected. One quite notable amendment that was rejected specified that persons who are not legal residents shall not be given any higher education services that use state funds.
HB 1375 is spending every dime, with no saving for the future, no restraint in the face of troubling economic times. I cannot support this budget which is the largest bill in Colorado's history.
March 24 - Today the "long bill" was put on our desks in the House. This is the annual budget bill, HB 1375. This year we are, once again, spending at the maximum rate we can. The total in the budget, including capitol construction, is $19,172,211,820!
I have been calling for a rainy day fund to buffer us from the next economic downturn. That downturn is now upon us and we have no cushion to deal with the revenue shortfalls that we will see in the coming months and, possibly, years. I will, therefore, be working on amendments to cut the spending in this budget in order to set those dollars aside for the revenue shortfalls we are inevitably going to face before this downturn is corrected.
March 19 - HB 1013 creates a small amount of sales tax relief for PTA and PTO organizations and gives a simpler process for those organizations in sorting out when and how to collect tax on fund raisers like bake sales, etc. The Finance committee passed this bill on a vote of 10-1.
HB 1358 is similar to HB 1013, only it expands that simplicity and sales tax relief to all k-12 school organizations, both public and private. The Finance committee voted 6-5, passing the bill on to the Appropriations committee.
March 18 - SB 139, my bill, providing employers with information concerning the Federal E-Verify system, passed third reading in the House.
SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I put this in plain type (indicating a movement away from freedom) because of my concern that increasing the availability of alcohol sales invites increased access to a controlled drug that already causes much pain and destruction in our culture. In a libertarian sense, I will grant that this bill is an increase of freedom. However, in my judgement, Sunday sales of alcohol will be a step backward in the net effect on the people of Colorado.
HB 1164 passed third reading on a nearly party-line vote of 43-21 (four Republicans supported the bill, no Democrats voted against the bill.) This bill directs the Public Utilities Commission to give extra preference to large solar energy systems over other ways of producing electricity. It is good to encourage the use of solar energy, but this bill assumes that the global warming issue is fully established as solid science and we need to pay for expensive renewable energy systems just because they create less carbon dioxide.
The net result will be higher electricity costs for the people of Colorado and Colorado public policy will be buying into the still unproven theory that assumes:
1. Global warming is creating catastrophic effects on our planet.
2. These catastrophic effects from global warming are created by carbon dioxide made by human activity.
3. Restricting human induced carbon dioxide can mitigate these presumed catastrophes.
4. Third world economic growth will not cancel out any effect the U. S. might create by limiting our carbon dioxide emissions.
Accommodating the notion that we must severely limit our emissions of carbon dioxide will at best hobble our economic future. A worst case scenario would have catastrophic effects itself. In any event, to base public policy decisions on the assumption that carbon dioxide emissions must be sharply curtailed is a significant lapse in sound judgment that should be strongly resisted.
In the Finance committee a $25,000,000 subsidy of the motion picture film industry was defeated on a 5-6 vote (HB 1355.) Having a background in this industry, with regret I voted against the bill. I know that big film projects will not come without heavy subsidies, but I found no clear justification that this industry should be singled out to be given these large subsidies.
What we really need is lower tax burdens on all businesses, which will attract new business growth across all industries. This would be good for all Coloradans.
March 17 - In third reading SB 59 passed, creating another blank check for fees. This time it is for commercial driver's license tests. What was a fee limit of $100 in statue will now be set by the "department," once again removing the legislature's control of a fee.
SB 122, described in the March 13 entry, passed third reading.
March 13 - In second reading SB 122 passed. This bill prohibits a private business from limiting an employee from discussing wage information. This could be seen as allowing an employee the right to discuss their wages, but it is also another mandate on private businesses and not the business of state statute.
March 13 - In State Affairs committee HB 1325 was given a public hearing. The bill would create a pilot program for the state of Colorado to help farmers recruit legal foreign workers. The opposition came from the extreme immigrant rights advocates who also condemned the Federal H-2A temporary worker program. Their solution, generally speaking, is to put in place an amnesty and/or open border policy. Testimony took longer than the time we had and the bill was pulled from the table until the next meeting. I mention this bill, with no bold type, because of the testimony from labor and immigrant rights that were calling for nothing less than amnesty for illegal immigrants.
March 11 - Similar to my bill, HB 1318, HB 1269 passed third reading. HB 1269 creates a sales tax exemption for wood products that come from the beetle killed wood harvested from Colorado's forests.
(note: on March 12 my bill, HB 1318 passed through Finance, but to get it passed I had to remove the sales tax exemption. It still creates a fund, with voluntary contributions, to help the State Forest Service address the bark beetle infestation.
March 10 - SB 108 grants certain hunting and fishing licenses to purple heart recipients without any fee. The bill passed third reading in the House.
March 7 - HJR 1009 was considered by the House today. The resolution is calling for the U.S. Senate to ratify the U.N. Convention on the elimination of All Forms of Discrimination Against Women. Much in this treaty is laudable, as I stated at the mic today. The problem, however, is that the treaty also calls for full access to "reproductive rights," which are code words for abortion rights. I also pointed this out at the mic by simply quoting the U.N.'s own description of the treaty. The resolution passed with all Democrats supporting and all but three Republicans opposing the resolution.
March 5 - In third reading HB 1319 and 1170 passed (the particulars of these bills are discussed in the previous day.)
SB 014 also passed third reading. This bill streamlines the fine system for toll enforcement for E-470. The problem, which Rep. Bruce pointed out, is it circumvents certain due process systems for the citizen being able to go before a judge for a fine that they contest.
HB 1134 was passed by the House after accepting Senate amendments. This bill fixes a wrinkle in the law that forces an heir of a dental practice to immediately sell that business. The bill creates a reasonable time period to sell the business. The law does not allow anyone but dentists to own a dental practice. HB 1134 cured an unintended consequence of that law.
March 4 - In third reading HB 1231 passed, further regulating the fertilizer industry, including the control of the creation of "compost."
In third reading HB 1234 reduced the fees and regulation requirements for ambulatory surgical centers.
In second reading HB 1319 increased the regulations on factory built homes and HB 1170 increased the fees and regulations for electricians.
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February 27 - Today is the deadline for House bills to be sent out of the House. Forty-two bills were voted on in third reading. All of the bills passed. Among the bills passed were:
HB 1103, significantly increasing the fees for regulating amusement rides,
SB 34, increasing the regulation of and, ultimately, the cost for assisted living facilities and other group homes by allowing counties to require new homes to have a transportation plan for their residents,
HB 1243, requiring railroads to have a specific type of walkways in rail yards,
HB 1276, requiring all employers to have certain accommodations for nursing mothers and,
SB 37, eliminating limits for certain hazardous waste fees.
When HB 1297 came up I went to the mic to speak against it. This bill is a supplemental appropriation to fund the increased security in the capital building. I made it clear to the members that this will be our only vote on the high security measures put in place last summer. This includes locking all doors except two that have metal detectors on several state troopers. My concerns were that it wastes taxpayer's money and time and it is an offense to the people of Colorado to not let them into the building without first electronically "frisking" them. In our rush to be "safe" we risk becoming a police state.
After a spirited debate for about a half an hour, the bill passed with 20 votes against.
HB 1107 is a remarkable bill that is discussed in the Feb. 26 entry. It passed on a 33-32 vote.
Among these 42 bills were a few small points of light. HB 1261 created a sales tax exemption for aircraft that are bought in Colorado, but not then housed in Colorado. HB 1171 created a small amount of tax relief for the first sale of heavy equipment. My bill, SB 68 passed 64-1. This bill clarifies in statute that the best practice of telemedicine delivery of services can be utilized for Medicaid mental health services.
February 26 - HB 1107 will require REAs and municipal utilities to set aside 2% of their revenues to energy efficiency programs. This amounts to a 2% tax on these energy suppliers, which will cost at least eight million dollars for the customers of these rural utilities. HB 1107 passed second reading.
SB 37 passed second reading, eliminating limits for certain hazardous waste fees.
HB 1276 passed second reading. This bill is one more mandate on employers, requiring them to accommodate nursing mothers to have enough breaks to express milk.
February 25 - In third reading HB 1249 passed the House. This bill imposes fees for 911 phone services in Colorado for phone cards and internet phone systems. The problem is it is applying those fees to phone cards and internet phone systems that are not necessarily used in the state turns this fee into a tax. A tax increase requires a vote of the people.
February 21 - A new category for regulation is being created with HB 1058. This bill requires athlete agents to be registered with the state. In the committee hearing, as stated by Rep. Rose, no specific problem has ever been reported to have occurred. None-the-less, the rush to regulate overwhelmed any sense of limited government restraint and the bill passed second reading.
State Affairs committee passed HB 1329. This bill requires county clerks to send out a first-class mailing to all inactive voters before a mail ballot election. Aside from the expense this imposes on the county clerks, that is not a problem. However, the troubling aspect is that after the first-class mailing, which is asking for the voter to respond to the clerk to be put back on the active list, if the voter does not respond (and the notification letter is not returned as undeliverable) A BALLOT IS STILL SENT TO THAT ADDRESS. This will result in many thousands of ballots sent out to addresses for which there is no evidence from at least the past two years that the listed voter still lives there.
HB 1326 is meant to clarify who should receive public benefits in compliance with the restrictions on public benefits that HB06S 1023 put in place. HB 1023, from the special session in 2006, was intended to prohibit public benefits for illegal aliens. The problems are in the exceptions and unclear details in that law. HB 1326 would have prevented non-profit groups from keeping two sets of books, one for public funds and one for private funds, to demonstrate their not using public funds for those who cannot prove they are legally in the state. HB 1326 was killed on a party-line vote.
February 20 - Rep. Douglas Bruce presented HB 1245 to the House Finance committee today.
HB 1245 was a comprehensive tax reform package that would have lowered the income tax rate from 4.63% to 4.60%, and over a several year period reduce car registration fees to $10-30, phase out telecom taxes and fees, remove a variety of vehicle fees that are really taxes, and end the illegal property tax the legislature imposed on the people of Colorado in 2007.
95% of the revenue reductions created by these tax and fees reductions would have been offset by the elimination of many current income tax credits.
The net cost to the state for the removal of all of these fees and taxes is estimated to be about $20 million.
The Finance committee killed the bill on a party-line vote.
This was a brilliant plan that could have eliminated a broad spectrum of nuisance taxes and fees and make our tax system simpler and fairer. Unfortunately this flies in the face of the established government system and this legislature, which I have observed has very little commitment to individual liberty, is far too focused on sustaining the ever growing government system.
February 19 - The House Agriculture committee passed, by unanimous vote, HB 1318, creating a state sales tax exemption for lumber and lumber products that came from trees killed by the bark beetle infestation. I am the sponsor of this bill.
February 18 - SB 003 passed third reading by essentially a party-line vote.
February 15 - SB 003 expands the funding for a Medicaid family planning program. The concern many have with this bill is the recipient of some of these funds is Planned Parenthood, yet the sponsor insists that no funds will indirectly go for abortion services. The Colorado constitution prohibits any state funds be directly or indirectly used for abortion services. I see a clear indirect funding for abortion services. The bill passed second reading.
February 13 - HB 1258 was heard in the House Finance committee with three and a half hours of testimony. This bill would have expanded the authority of county assessors to use private auditors for auditing personal business property reporting. It also expanded their scope of authority over businesses by allowing the auditors to look back two years in the audits. After the extensive hearing, the bill was postponed indefinitely.
February 12 - All of the fee increases covered in the second reading on Feb. 11 passed third reading.
February 11 - In second reading this was the fee increase day. HB 1054 increases fees for wholesale food facilities. HB 1100 increases fees on birth certificates (the fee is not related to the cost of issuing of birth certificates.) HB 1038 removes much of the legislature's oversight on fees for assisted living centers, opening the way for the department to set the fees about as high as they want. HB 1038 is a blank check for the Board of Health that will drive up the cost for assisted living patients.
In the Senate two bills I was the House sponsor of were killed in State Affairs. SB 112, Preservation Of The Exercise Of Religion and SB 095, Abortion Informed Consent And Ultrasound were both killed on a party-line vote.
February 7 - Just like the Friday Night Massacre of the immigration issue bills during the special session of July in 2006 that were all lined up and defeated by party-line-votes , so too, today all of the Republican bills concerning this important issue were lined up and killed with no Democrat supporting any of the bills.
The people of Colorado have been very clear in their desire to see the illegal immigration problem brought under control. Today's swift action to kill all three of these bills shows that the majority party still doesn't get it. By an overwhelming majority that cuts across party lines, the people of Colorado are demanding solutions. This legislature is still incapable of providing those real solutions.
HB 1184 would have made it illegal to be in Colorado illegally. It would have required police to arrest anyone who they have probable cause to believe they are using a forged driver's license or are in the country illegally. HB 1184 was killed with no Democrat supporting the bill.
HB 1039 would have required a photo ID to register to vote. The ACLU, League of Women Voters and Common Cause all stated that they believe a utility bill is all the identification a person should need to register to vote. The bill was defeated on a party-line vote.
HB 1177 requires proof of citizenship to register to vote. The bill specifies the documents that would be required for the proof. Once again, the ACLU, League of Women Voters, Common Cause, etc. stepped up to oppose the bill. The bill was defeated on a party-line-vote.
February 6 - HB 1171 eliminates a taxing of a tax that exists for leasing of large trucks. It is a small item, but none-the-less a small step forward in eliminating an unreasonable tax burden.
February 5 - HB 1163 was killed in Finance committee on another party-line vote, save one (Representative Kafalas - D) who supported the bill. This bill would have allowed fire departments to not be forced into urban renewal tax giveaways. The argument for the bill was these tax gimmicks cost the fire departments revenue they cannot afford unless they seek even higher taxes from the people.
February 4 - In Health and Human Services Committee HB 1124 was killed. This was the Medicaid reform bill I was carrying. I had 19 house co-sponsors. It would have given our older citizens more choices in their medical care and saved the state money. With the exception of one Democrat who supported the bill (Rep. Stafford), it was a party-line vote.
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In the Finance committee my educational tax credit bill was killed. In short, it would have created a $1000 property tax credit for students being educated in privately funded educational systems. It was structured in a way that saved the state money, gave parents more choices, and encouraged all formats of education in Colorado.
January 29 - In second reading HB 1189 was considered. The bill gives a little more statutory support for limiting state employees ability to strike. The problem is it is very little support and all amendments to strengthen it were rejected. This is one of those bills that looks like it does something, but it is not much more than window dressing. I am supporting the bill, but just barely.
In Transportation committee HB 1133, a bill I sponsored, was killed. This was a bill trying to open up a little freedom from a costly regulation that yields little public benefit. The bill would have exempted diesel vehicles in Larimer, Weld and El Paso counties from annual emissions inspections. Between the fees and inspection costs, it takes $70 - $80 each year for each vehicle. The test only measures smoke particulates, unlike the more extensive gas emission tests, which have been suspended in those counties. In addition, I was told over 99% of all vehicles pass the test. This is an excessive regulation that should be eliminated for at least these three counties.
January 24 - The House voted to censure Representative Douglas Bruce by a vote of 62 for and one against. I was the dissenting vote.
Whereas the vote to censure Representative Bruce is not a direct action affecting our freedoms, I believe some observations concerning my vote on that resolution is appropriate for this blog. At a minimum the censure from the House does reflect on the attitudes in this legislature, which does have a direct bearing on our freedoms.
It would seem logical that since this was the first censure in the 131 year history of the state, it must indicate that Representative Bruce's action was by far the worst impropriety shown on the House floor. By my observation, in the brief six sessions of which I have been a part, Representative Bruce's action was not that unique. I have seen, or been aware of several incidents that were at least as compromising to the decorum and integrity of the Colorado House of Representatives. It is unfortunate, but quite predictable, that there will be less than sterling moments when 65 representatives work at a fever pitch for several months on issues about which they are very passionate.
I do not condone any of those failures, but just because one of them was recorded on tape, and that particular member was much more well-known, does not justify making it the only censurable act by a member in 131 years.
What Representative Bruce did was wrong, and demonstrated poor judgement. I would have supported a rebuke, but to use the word censure is to use the strongest word of condemnation that a legislative body can employ. This is, in my opinion, way out of proportion and leaves us little latitude in dealing with the next time a member does something wrong.
Censure should be reserved for egregious actions done with malice or that are repeated or that cause significant damage. In my judgment none of these standards were met and therefore I did not support a resolution censuring Representative Bruce.
January 23 - HB 1098 repeals a fee for special parking passes issued to people with disabilities. The fee has actually not been charged recently, but this bill will get the fee structure off of the books as well.
In Finance HB 1033 was heard. The final vote will be held later, but its passage is probable. This bill extends the historic preservation income tax credit. The testimony clearly established that this credit creates an unequal field for fixing up private homes and businesses. It helps some people fix up their homes, while the rest of us help foot their bills and pay for all of the costs of fixing up our homes. The argument for this program is it helps fix up old buildings and restore communities. That is so, but it really boils down to the question of whether it is a government responsibility to fix up private property, or the job of the individual owners.
January 21 - HB 1020 passed third reading on a party-line vote.
January 18 - In second reading HB 1020 was passed. It changes the rules for settlement costs of lawsuits. The net effect will probably be an increase of lawsuit costs. Higher tort costs are detrimental to every sector of the economy and therefore the well being and liberties of everyone.
January 16 - In the Finance committee HB 1077 and HB 1078 were both heard. They both replaced the funds that were raided from the State Veterans Trust Fund back in 2003. It is good that we are finally returning this money to the State Veterans Trust Fund. This discussion on this page is given because there were two significant differences between the bills.
One bill took the money from the General Fund, within the 6 % constitutional spending limit, which is where the money was taken from originally. The other bill creatively funded the transfer outside of the spending limit, allowing that much more to be spent elsewhere (over 2 million dollars.)
The other significant fact is the bill that stayed within the spending limit (a Republican sponsored bill) was killed. The other bill (sponsored by a Democrat) was passed.
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2008 Freedom Watch
Home / The Issues / 2008 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.
2008 Freedom Watch is my journal of those many steps that are taken in the committees which I serve on and the actions on the House floor.
It is a compilation of the good bills and the bad bills. 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 2008.
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 2008 session, with the latest entry at the top of the page:
2008 Freedom Watch is my journal of those many steps that are taken in the committees which I serve on and the actions on the House floor.
It is a compilation of the good bills and the bad bills. 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 2008.
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 2008 session, with the latest entry at the top of the page:
May
Two positive items to end on.First, SB 246 passed, opening the way for better discounts for prescription drugs in Colorado. I and Rep Jahn sponsored this bill in the House. It completes the work we started last year on modifying the Unfair Trade Practices Act to allow below cost discounting of gas, drugs and other "loss leader" sales.
The second positive note of the day is that we ended this year's session.
This legislature will not be able to add any more taxes, fees, or regulations onto the backs of Colorado's citizens and businesses. Nor will they be setting anymore policies that assumes the whole "global warming" debate is a settled issue and consequently demands we shut off our energy development and cripple our economy in deference to this unproven theory.
Finally, this legislature will also not be running any more measures that redefines the family, replaces the family with more government programs or strips away anymore of the few remaining public policies that still support the notions that in a free society individuals are responsible for themselves and parents have the primary responsibility to raise their own children as they see best.
May 5 - SB 233 passed third reading, authorizing the unconstitutional loans required to fulfill the priority list for colleges and universitites in HJR 1042, discussed in the May 2 entry for Freedom Watch.
In State Affairs HCR 1014 was killed. This was the "Referendum C on Steroids" ballot question that would have permanently ended TABOR refunds and put government on an even bigger spending spree than they are currently on. The Speaker had it killed because he could not find the 2/3 majority needed to pass the measure.
May 2 - In third reading the following bills passed:
SB 219, regulating massage therapists.
SB 200, expanding anti-discrimination laws to include sexual orientation (see discussion for May 1.)
SB 217, developing a plan to mandate medical insurance for all people in Colorado.
In the Finance committee HJR 1042 was approved, which is a priority list for capitol projects for our state colleges and universities. That is not a problem, but it is also assuming those schools get over $400,000,000 in loans for those projects, without the constitutionally required vote of the people.
May 1 - In second reading SB 200 was passed. This is a comprehensive bill expanding prohibitions against discrimination concerning sexual orientation. One amendment was allowed, providing some protection for churches against the public accommodation provisions of the bill. The bill still exerts many heavy handed controls over private citizens exercising their freedoms of association and commerce.
As an example that was given in the debate, a wedding photographer would be forced to take all photography jobs, regardless of the sexual orientation of the "couple."
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April
April 30 - Nineteen bills were considered on third reading today. Nineteen bills passed. Including:SB 60 puts an additional fee on auto insurance policies.
SB 184 creates a "clean energy finance program." This bill subsidizes renewable energy improvements for homeowners and adds additional regulations for those utilizing the program (which makes the project more expensive.) SB 184 passed by a virtual party-line vote.
HB 1407 adds additional burdens on insurance companies, which will drive up the cost of insurance policies again. This bill also passed by a virtual party-line vote.
April 29 - The following bills passed third reading:
SB 206 increases court fees by 37% in order to pay for a new Justice Center. The bill also authorizes the building which will cost over $500,000,000!
HB 1410 mandates colorectal cancer screening for medical insurance policies. The fiscal note for the bill says that this mandate will increase the cost of medical insurance for families more than $95 per year.
In State Affairs committee HCR 1014 was heard. This is the Speaker's bill which creatively ends all future TABOR tax refunds by pumping all excess dollars into the State Education Fund. It is Referendum C on steroids. This bill was laid over, as the Speaker probably does not have 2/3 of the House to pass this constitutional change.
April 28 - Twenty eight bills were considered and passed on third reading, including:
SB 193 guts the state requirement that contractors with the state verify the legal status of their employees. This provision was put in place during the 2006 regular session. This bill creates an alternative to the employers using the Federal E-verify program. The modest measures we have put in place to insure that the residents of Colorado are legal residents are being stripped away...
SB 143 dramatically increases the cost of special license plates by making the one time $50 fee an annual $50 fee.
SB 186 creates another license plate, this one promoting the governor's "Carbon Fund." For a more detailed description, my comments on this bill are listed on the page linked here.
April 25 - The torrent of bills is increasing during these last few days of the session. Thirty-seven bills were put on the second reading list and twelve bills were voted on and passed in third reading. Among the third reading bills were seven particularly bad bills. Those onerous bills are:
SB 214 increases fees on hospitals. The purpose of the fees is to pull down more Federal funds. An interesting scheme, but we the taxpayer still end up paying the bill.
SB 160 increases the income ceiling for families for Medicaid benefits for children. This gets back to the SCHIP debate Congress was embroiled in last fall. Medicaid, which was designed for the poor, is moving into subsidization of the middle class.
SB 165 creates one more advisory council.
SB 131 increases spending for the Old Age Pension Health and Medical Care Fund.
SB 57 puts one more mandate on private medical insurance policies. This one is to force all plans to provide hearing aid benefits for children. Like so many mandates, a useful benefit, but it drives the cost of medical insurance that much further away form families who cannot afford it.
SB 152 (passed on essentially a party-line vote) regulates one more profession, occupational therapists.
SB 51 creates a new fee and authorizes the increase on an existing fee. The fee increase has no limit, but the initial estimate is and increase from $75 to well over $1000! These fees are for boiler inspections and explosives permits.
April 24 - By a party-line vote HB 1356 passed third reading. This bill is concerning landlord and tenant relations. It is one sided, giving tenants more authority over the landlord/tenant relations. This bill will make it more difficult for landlords, which will ultimately drive up the cost of rental units, which ironically makes it worse for both the landlord and the tenant.
One bright note for liberty occurred in second reading. SB 104 was defeated on a division. This bill increased the penalty for violating the unlawful packaging of recorded materials to become a felony for 100 or more items. Here is the problem: unlawful packaging simply means it is a crime for not putting the name and address of the "manufacturer" and the name of the artist or performer on the packaging of the recorded item. I was the first to come to the mic to point out the unintended consequence of making it a felony to neglect to put ones address on 100 CDs. Several agreed and the bill was killed.
In the State Affairs Committee two concurrent resolutions were defeated by part-line votes. Both would have brought issues before the people for their approval. HCR 1006 would have asked the people to vote on the property tax increase that the legislature and the governor imposed upon the people last year (without a vote from the people.) HCR 1007 would have required full disclosure of all contributions to state political committees. Currently contributors of less than $20 are not reported to the Secretary of State. As a consequence the largest PACs, union controlled small donor committees have collected millions of dollars without any public disclosure of the contributors.
April 23 - Command and control. That is the theme of the this year's session and today is a clear example.
The following bills were a part of the third reading calendar. All of them passed:
SB 55 increased fees for stationary sources of air emissions and spends nearly two million dollars each year.
SB 153 regulates a new industry, home care agencies. The fees will extract over $800,000 from these agencies and slap a new regulatory burden on them as well. Home care for the aged and disabled will cost that much more.
SB 169 increases the fees for hard rock mining operations, oil shale operations and in situ uranium mining. The fees are not limited by anything except the unspecified costs the department incurs.
SB 167 is also discussed below. I used my entire ten minute allotment of time to explain the difficulties this bill will create for many organizations that are not really colleges, but SB 167 will put them in the same system as what we all recognize as colleges. This bill will not as much fix the problems that initially motivated the bill as it will create problems and dilemmas for many fine organizations across Colorado that provide useful training and instruction for many Colorado citizens.
April 22 - In House State Affairs committee SB 193 was passed. This bill removes the requirement that contractors with the state use the Federal E-verify program for checking the legal status of their employees. This requirement for state contractors to use the E-verify system was put in place during the regular session of 2006 (HB06 1343.) I opposed SB 193 because HB06 1343 was barely enough enforcement to insure that state contractors were determining the legal status of their employees. SB 193 waters the requirements down to no real effect at all.
On the House floor, in second reading SB 167 was passed. This is a comprehensive bill giving the department of higher education a great deal of control over private higher education. I carried several amendments, trying to carve out some liberties for religious schools and put a cap on the fees they can charge all schools. All were defeated. The religious exemption died on essentially a party-line vote, I will argue against the bill before the final, third reading vote as well.
April 18 - After two hours of impassioned debate SB 192 passed third reading. This bill restricts picketing in residential areas. It requires picketers to keep moving, not stop and travel at least 300 feet in their route. This bill may not technically violate the First Amendment right to free speech, but it does seriously curb free speech. In addition I argued that it does not cure the problem the bill proponents are trying to fix. This bill does not prevent picketing, it just requires the picketers expand their vigil to include most of a city block.
April 17 - In third reading SB 029 passed, requiring more training for architects for Colorado licensing.
In second reading SB 192 passed. This limits picketing in residential areas. It is a clear removal of some freedoms of speech and I contend it will not lessen the impact on residential areas, but might increase the size of protests in residential areas. The bill requires protesters to only march past a home and not stop and stand. It also expands a protest to most of an entire block, rather than a single home on a block.
In State Affairs committee HCR 1005 was defeated on a party-line vote. This proposal was a very reasonable measure that would have lowered the signature requirement for citizen initiatives making statutory changes.
April 16 - In Finance committee HB 1387 was passed. This bill expands the Low-income Energy Assistance Funding program (LEAP.) The problem with this bill is it puts a band-aid on the problem and ignores the real problem that
April 15 - On this tax day the House passed HB 1368, a bill removing certain sales taxes for equipment used for the production of renewable energy electricity. I supported the bill because it created some tax relief, but I leave the description in plain type (indicating a step away from individual freedoms) because it only helped the big businesses and the language specifically excluded energy storage devices, that are essential for the small, off the grid energy producer. Amendments I proposed to correct that were all rejected.
April 14 - Today two resolutions were passed, HJR 1023 and HJR 1024. Both were honoring servicemen who have lost their lives or are missing inaction. It was a moving ceremony of honor for those who most deserve our honor.
April 11 - In third reading HB 1036 passed, which doubles the fines for several traffic violations in construction zones and authorizes the use of photo radar systems in road construction zones.
HB 1216 also passed third reading, creating a new program and a new fee for "consumer outreach and education" within the Department of Regulatory Agencies.
April 7 - In second reading today SB 128 came up. This bill removes the statutory cap on sales tax rates. In effect it will allow local jurisdictions to set what ever total sales tax rate that they choose. The problem is that it violates the TABOR amendment, which requires a vote of the people to change such tax policies. To be clear, a local jurisdiction would still have to conduct a vote to raise a tax rate, but giving them the authority to raise those rates is also not within the jurisdiction of the legislature without a vote of the people as well. SB 128 passed second reading.
April 2 - In the Finance committee (which lasted until 9:00PM) HB 1340 was killed. This bill would have increased the documentary fee on real estate transactions by 500% for residential sales (after a vote of the people.) The fee increase would have been used to establish an affordable housing fund. So the logic was: increase the cost of housing sales to help keep the cost of housing...
April 1 - In third reading SB 151 passed. It increases the regulation of car sales people, requiring a "prelicensing education program."
SB 129 also passed third reading. This bill takes a bit more authority away from local school boards, requiring all of them to develop nutrition programs for their districts. This is one more bill centralizing the control of the schools at the state level, rather than allowing the locally elected school boards to conduct the affairs of their district as they see best.
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March
March 31 - In Third reading HB 1123 passed. This bill moves the regulation in Colorado of funeral homes from the least regulated to the most regulated in the nation. The principle complaints I have are: 1. This excessive explosion of regulations is a severe erosion of liberties for these businesses. 2. This will drive up the costs of funerals in Colorado, creating an injustice for all Colorado families.March 26 - HB 1375 was heard in second reading today. There were almost 80 amendments. Debate lasted until 9:35 PM. I carried four amendments. The most important were three amendments that all attempted to set up a short term rainy day fund to help buffer against the looming recession that all economic indicators are pointing toward. The first amendment set aside $133 million, the next was $44 million and the final was $4.4 million (a one tenth of one percent reduction.) All amendments died. The final two I got a recored vote and they were divided right down party-lines. At least we had a clear debate on saving for the future or spending every dime.
Many good amendments were rejected. One quite notable amendment that was rejected specified that persons who are not legal residents shall not be given any higher education services that use state funds.
HB 1375 is spending every dime, with no saving for the future, no restraint in the face of troubling economic times. I cannot support this budget which is the largest bill in Colorado's history.
March 24 - Today the "long bill" was put on our desks in the House. This is the annual budget bill, HB 1375. This year we are, once again, spending at the maximum rate we can. The total in the budget, including capitol construction, is $19,172,211,820!
I have been calling for a rainy day fund to buffer us from the next economic downturn. That downturn is now upon us and we have no cushion to deal with the revenue shortfalls that we will see in the coming months and, possibly, years. I will, therefore, be working on amendments to cut the spending in this budget in order to set those dollars aside for the revenue shortfalls we are inevitably going to face before this downturn is corrected.
March 19 - HB 1013 creates a small amount of sales tax relief for PTA and PTO organizations and gives a simpler process for those organizations in sorting out when and how to collect tax on fund raisers like bake sales, etc. The Finance committee passed this bill on a vote of 10-1.
HB 1358 is similar to HB 1013, only it expands that simplicity and sales tax relief to all k-12 school organizations, both public and private. The Finance committee voted 6-5, passing the bill on to the Appropriations committee.
March 18 - SB 139, my bill, providing employers with information concerning the Federal E-Verify system, passed third reading in the House.
SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I put this in plain type (indicating a movement away from freedom) because of my concern that increasing the availability of alcohol sales invites increased access to a controlled drug that already causes much pain and destruction in our culture. In a libertarian sense, I will grant that this bill is an increase of freedom. However, in my judgement, Sunday sales of alcohol will be a step backward in the net effect on the people of Colorado.
HB 1164 passed third reading on a nearly party-line vote of 43-21 (four Republicans supported the bill, no Democrats voted against the bill.) This bill directs the Public Utilities Commission to give extra preference to large solar energy systems over other ways of producing electricity. It is good to encourage the use of solar energy, but this bill assumes that the global warming issue is fully established as solid science and we need to pay for expensive renewable energy systems just because they create less carbon dioxide.
The net result will be higher electricity costs for the people of Colorado and Colorado public policy will be buying into the still unproven theory that assumes:
1. Global warming is creating catastrophic effects on our planet.
2. These catastrophic effects from global warming are created by carbon dioxide made by human activity.
3. Restricting human induced carbon dioxide can mitigate these presumed catastrophes.
4. Third world economic growth will not cancel out any effect the U. S. might create by limiting our carbon dioxide emissions.
Accommodating the notion that we must severely limit our emissions of carbon dioxide will at best hobble our economic future. A worst case scenario would have catastrophic effects itself. In any event, to base public policy decisions on the assumption that carbon dioxide emissions must be sharply curtailed is a significant lapse in sound judgment that should be strongly resisted.
In the Finance committee a $25,000,000 subsidy of the motion picture film industry was defeated on a 5-6 vote (HB 1355.) Having a background in this industry, with regret I voted against the bill. I know that big film projects will not come without heavy subsidies, but I found no clear justification that this industry should be singled out to be given these large subsidies.
What we really need is lower tax burdens on all businesses, which will attract new business growth across all industries. This would be good for all Coloradans.
March 17 - In third reading SB 59 passed, creating another blank check for fees. This time it is for commercial driver's license tests. What was a fee limit of $100 in statue will now be set by the "department," once again removing the legislature's control of a fee.
SB 122, described in the March 13 entry, passed third reading.
March 13 - In second reading SB 122 passed. This bill prohibits a private business from limiting an employee from discussing wage information. This could be seen as allowing an employee the right to discuss their wages, but it is also another mandate on private businesses and not the business of state statute.
March 13 - In State Affairs committee HB 1325 was given a public hearing. The bill would create a pilot program for the state of Colorado to help farmers recruit legal foreign workers. The opposition came from the extreme immigrant rights advocates who also condemned the Federal H-2A temporary worker program. Their solution, generally speaking, is to put in place an amnesty and/or open border policy. Testimony took longer than the time we had and the bill was pulled from the table until the next meeting. I mention this bill, with no bold type, because of the testimony from labor and immigrant rights that were calling for nothing less than amnesty for illegal immigrants.
March 11 - Similar to my bill, HB 1318, HB 1269 passed third reading. HB 1269 creates a sales tax exemption for wood products that come from the beetle killed wood harvested from Colorado's forests.
(note: on March 12 my bill, HB 1318 passed through Finance, but to get it passed I had to remove the sales tax exemption. It still creates a fund, with voluntary contributions, to help the State Forest Service address the bark beetle infestation.
March 10 - SB 108 grants certain hunting and fishing licenses to purple heart recipients without any fee. The bill passed third reading in the House.
March 7 - HJR 1009 was considered by the House today. The resolution is calling for the U.S. Senate to ratify the U.N. Convention on the elimination of All Forms of Discrimination Against Women. Much in this treaty is laudable, as I stated at the mic today. The problem, however, is that the treaty also calls for full access to "reproductive rights," which are code words for abortion rights. I also pointed this out at the mic by simply quoting the U.N.'s own description of the treaty. The resolution passed with all Democrats supporting and all but three Republicans opposing the resolution.
March 5 - In third reading HB 1319 and 1170 passed (the particulars of these bills are discussed in the previous day.)
SB 014 also passed third reading. This bill streamlines the fine system for toll enforcement for E-470. The problem, which Rep. Bruce pointed out, is it circumvents certain due process systems for the citizen being able to go before a judge for a fine that they contest.
HB 1134 was passed by the House after accepting Senate amendments. This bill fixes a wrinkle in the law that forces an heir of a dental practice to immediately sell that business. The bill creates a reasonable time period to sell the business. The law does not allow anyone but dentists to own a dental practice. HB 1134 cured an unintended consequence of that law.
March 4 - In third reading HB 1231 passed, further regulating the fertilizer industry, including the control of the creation of "compost."
In third reading HB 1234 reduced the fees and regulation requirements for ambulatory surgical centers.
In second reading HB 1319 increased the regulations on factory built homes and HB 1170 increased the fees and regulations for electricians.
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February
February 28 - In State Affairs, after long testimony, HB 1323, was defeated. This bill would have required contractors with the state to create extensive apprentice programs and create a great deal of additional paperwork to work for the state. It would have driven up the cost of contract work done for the state.February 27 - Today is the deadline for House bills to be sent out of the House. Forty-two bills were voted on in third reading. All of the bills passed. Among the bills passed were:
HB 1103, significantly increasing the fees for regulating amusement rides,
SB 34, increasing the regulation of and, ultimately, the cost for assisted living facilities and other group homes by allowing counties to require new homes to have a transportation plan for their residents,
HB 1243, requiring railroads to have a specific type of walkways in rail yards,
HB 1276, requiring all employers to have certain accommodations for nursing mothers and,
SB 37, eliminating limits for certain hazardous waste fees.
When HB 1297 came up I went to the mic to speak against it. This bill is a supplemental appropriation to fund the increased security in the capital building. I made it clear to the members that this will be our only vote on the high security measures put in place last summer. This includes locking all doors except two that have metal detectors on several state troopers. My concerns were that it wastes taxpayer's money and time and it is an offense to the people of Colorado to not let them into the building without first electronically "frisking" them. In our rush to be "safe" we risk becoming a police state.
After a spirited debate for about a half an hour, the bill passed with 20 votes against.
HB 1107 is a remarkable bill that is discussed in the Feb. 26 entry. It passed on a 33-32 vote.
Among these 42 bills were a few small points of light. HB 1261 created a sales tax exemption for aircraft that are bought in Colorado, but not then housed in Colorado. HB 1171 created a small amount of tax relief for the first sale of heavy equipment. My bill, SB 68 passed 64-1. This bill clarifies in statute that the best practice of telemedicine delivery of services can be utilized for Medicaid mental health services.
February 26 - HB 1107 will require REAs and municipal utilities to set aside 2% of their revenues to energy efficiency programs. This amounts to a 2% tax on these energy suppliers, which will cost at least eight million dollars for the customers of these rural utilities. HB 1107 passed second reading.
SB 37 passed second reading, eliminating limits for certain hazardous waste fees.
HB 1276 passed second reading. This bill is one more mandate on employers, requiring them to accommodate nursing mothers to have enough breaks to express milk.
February 25 - In third reading HB 1249 passed the House. This bill imposes fees for 911 phone services in Colorado for phone cards and internet phone systems. The problem is it is applying those fees to phone cards and internet phone systems that are not necessarily used in the state turns this fee into a tax. A tax increase requires a vote of the people.
February 21 - A new category for regulation is being created with HB 1058. This bill requires athlete agents to be registered with the state. In the committee hearing, as stated by Rep. Rose, no specific problem has ever been reported to have occurred. None-the-less, the rush to regulate overwhelmed any sense of limited government restraint and the bill passed second reading.
State Affairs committee passed HB 1329. This bill requires county clerks to send out a first-class mailing to all inactive voters before a mail ballot election. Aside from the expense this imposes on the county clerks, that is not a problem. However, the troubling aspect is that after the first-class mailing, which is asking for the voter to respond to the clerk to be put back on the active list, if the voter does not respond (and the notification letter is not returned as undeliverable) A BALLOT IS STILL SENT TO THAT ADDRESS. This will result in many thousands of ballots sent out to addresses for which there is no evidence from at least the past two years that the listed voter still lives there.
HB 1326 is meant to clarify who should receive public benefits in compliance with the restrictions on public benefits that HB06S 1023 put in place. HB 1023, from the special session in 2006, was intended to prohibit public benefits for illegal aliens. The problems are in the exceptions and unclear details in that law. HB 1326 would have prevented non-profit groups from keeping two sets of books, one for public funds and one for private funds, to demonstrate their not using public funds for those who cannot prove they are legally in the state. HB 1326 was killed on a party-line vote.
February 20 - Rep. Douglas Bruce presented HB 1245 to the House Finance committee today.
HB 1245 was a comprehensive tax reform package that would have lowered the income tax rate from 4.63% to 4.60%, and over a several year period reduce car registration fees to $10-30, phase out telecom taxes and fees, remove a variety of vehicle fees that are really taxes, and end the illegal property tax the legislature imposed on the people of Colorado in 2007.
95% of the revenue reductions created by these tax and fees reductions would have been offset by the elimination of many current income tax credits.
The net cost to the state for the removal of all of these fees and taxes is estimated to be about $20 million.
The Finance committee killed the bill on a party-line vote.
This was a brilliant plan that could have eliminated a broad spectrum of nuisance taxes and fees and make our tax system simpler and fairer. Unfortunately this flies in the face of the established government system and this legislature, which I have observed has very little commitment to individual liberty, is far too focused on sustaining the ever growing government system.
February 19 - The House Agriculture committee passed, by unanimous vote, HB 1318, creating a state sales tax exemption for lumber and lumber products that came from trees killed by the bark beetle infestation. I am the sponsor of this bill.
February 18 - SB 003 passed third reading by essentially a party-line vote.
February 15 - SB 003 expands the funding for a Medicaid family planning program. The concern many have with this bill is the recipient of some of these funds is Planned Parenthood, yet the sponsor insists that no funds will indirectly go for abortion services. The Colorado constitution prohibits any state funds be directly or indirectly used for abortion services. I see a clear indirect funding for abortion services. The bill passed second reading.
February 13 - HB 1258 was heard in the House Finance committee with three and a half hours of testimony. This bill would have expanded the authority of county assessors to use private auditors for auditing personal business property reporting. It also expanded their scope of authority over businesses by allowing the auditors to look back two years in the audits. After the extensive hearing, the bill was postponed indefinitely.
February 12 - All of the fee increases covered in the second reading on Feb. 11 passed third reading.
February 11 - In second reading this was the fee increase day. HB 1054 increases fees for wholesale food facilities. HB 1100 increases fees on birth certificates (the fee is not related to the cost of issuing of birth certificates.) HB 1038 removes much of the legislature's oversight on fees for assisted living centers, opening the way for the department to set the fees about as high as they want. HB 1038 is a blank check for the Board of Health that will drive up the cost for assisted living patients.
In the Senate two bills I was the House sponsor of were killed in State Affairs. SB 112, Preservation Of The Exercise Of Religion and SB 095, Abortion Informed Consent And Ultrasound were both killed on a party-line vote.
February 7 - Just like the Friday Night Massacre of the immigration issue bills during the special session of July in 2006 that were all lined up and defeated by party-line-votes , so too, today all of the Republican bills concerning this important issue were lined up and killed with no Democrat supporting any of the bills.
The people of Colorado have been very clear in their desire to see the illegal immigration problem brought under control. Today's swift action to kill all three of these bills shows that the majority party still doesn't get it. By an overwhelming majority that cuts across party lines, the people of Colorado are demanding solutions. This legislature is still incapable of providing those real solutions.
HB 1184 would have made it illegal to be in Colorado illegally. It would have required police to arrest anyone who they have probable cause to believe they are using a forged driver's license or are in the country illegally. HB 1184 was killed with no Democrat supporting the bill.
HB 1039 would have required a photo ID to register to vote. The ACLU, League of Women Voters and Common Cause all stated that they believe a utility bill is all the identification a person should need to register to vote. The bill was defeated on a party-line vote.
HB 1177 requires proof of citizenship to register to vote. The bill specifies the documents that would be required for the proof. Once again, the ACLU, League of Women Voters, Common Cause, etc. stepped up to oppose the bill. The bill was defeated on a party-line-vote.
February 6 - HB 1171 eliminates a taxing of a tax that exists for leasing of large trucks. It is a small item, but none-the-less a small step forward in eliminating an unreasonable tax burden.
February 5 - HB 1163 was killed in Finance committee on another party-line vote, save one (Representative Kafalas - D) who supported the bill. This bill would have allowed fire departments to not be forced into urban renewal tax giveaways. The argument for the bill was these tax gimmicks cost the fire departments revenue they cannot afford unless they seek even higher taxes from the people.
February 4 - In Health and Human Services Committee HB 1124 was killed. This was the Medicaid reform bill I was carrying. I had 19 house co-sponsors. It would have given our older citizens more choices in their medical care and saved the state money. With the exception of one Democrat who supported the bill (Rep. Stafford), it was a party-line vote.
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January
January 30 - HB 1069 passed third reading. This bill prohibits operating motorized vehicles on public lands unless it is specifically posted it allow the vehicles. This is a huge change in public policy on public lands, particularly in the mountainous areas of Colorado.In the Finance committee my educational tax credit bill was killed. In short, it would have created a $1000 property tax credit for students being educated in privately funded educational systems. It was structured in a way that saved the state money, gave parents more choices, and encouraged all formats of education in Colorado.
January 29 - In second reading HB 1189 was considered. The bill gives a little more statutory support for limiting state employees ability to strike. The problem is it is very little support and all amendments to strengthen it were rejected. This is one of those bills that looks like it does something, but it is not much more than window dressing. I am supporting the bill, but just barely.
In Transportation committee HB 1133, a bill I sponsored, was killed. This was a bill trying to open up a little freedom from a costly regulation that yields little public benefit. The bill would have exempted diesel vehicles in Larimer, Weld and El Paso counties from annual emissions inspections. Between the fees and inspection costs, it takes $70 - $80 each year for each vehicle. The test only measures smoke particulates, unlike the more extensive gas emission tests, which have been suspended in those counties. In addition, I was told over 99% of all vehicles pass the test. This is an excessive regulation that should be eliminated for at least these three counties.
January 24 - The House voted to censure Representative Douglas Bruce by a vote of 62 for and one against. I was the dissenting vote.
Whereas the vote to censure Representative Bruce is not a direct action affecting our freedoms, I believe some observations concerning my vote on that resolution is appropriate for this blog. At a minimum the censure from the House does reflect on the attitudes in this legislature, which does have a direct bearing on our freedoms.
It would seem logical that since this was the first censure in the 131 year history of the state, it must indicate that Representative Bruce's action was by far the worst impropriety shown on the House floor. By my observation, in the brief six sessions of which I have been a part, Representative Bruce's action was not that unique. I have seen, or been aware of several incidents that were at least as compromising to the decorum and integrity of the Colorado House of Representatives. It is unfortunate, but quite predictable, that there will be less than sterling moments when 65 representatives work at a fever pitch for several months on issues about which they are very passionate.
I do not condone any of those failures, but just because one of them was recorded on tape, and that particular member was much more well-known, does not justify making it the only censurable act by a member in 131 years.
What Representative Bruce did was wrong, and demonstrated poor judgement. I would have supported a rebuke, but to use the word censure is to use the strongest word of condemnation that a legislative body can employ. This is, in my opinion, way out of proportion and leaves us little latitude in dealing with the next time a member does something wrong.
Censure should be reserved for egregious actions done with malice or that are repeated or that cause significant damage. In my judgment none of these standards were met and therefore I did not support a resolution censuring Representative Bruce.
January 23 - HB 1098 repeals a fee for special parking passes issued to people with disabilities. The fee has actually not been charged recently, but this bill will get the fee structure off of the books as well.
In Finance HB 1033 was heard. The final vote will be held later, but its passage is probable. This bill extends the historic preservation income tax credit. The testimony clearly established that this credit creates an unequal field for fixing up private homes and businesses. It helps some people fix up their homes, while the rest of us help foot their bills and pay for all of the costs of fixing up our homes. The argument for this program is it helps fix up old buildings and restore communities. That is so, but it really boils down to the question of whether it is a government responsibility to fix up private property, or the job of the individual owners.
January 21 - HB 1020 passed third reading on a party-line vote.
January 18 - In second reading HB 1020 was passed. It changes the rules for settlement costs of lawsuits. The net effect will probably be an increase of lawsuit costs. Higher tort costs are detrimental to every sector of the economy and therefore the well being and liberties of everyone.
January 16 - In the Finance committee HB 1077 and HB 1078 were both heard. They both replaced the funds that were raided from the State Veterans Trust Fund back in 2003. It is good that we are finally returning this money to the State Veterans Trust Fund. This discussion on this page is given because there were two significant differences between the bills.
One bill took the money from the General Fund, within the 6 % constitutional spending limit, which is where the money was taken from originally. The other bill creatively funded the transfer outside of the spending limit, allowing that much more to be spent elsewhere (over 2 million dollars.)
The other significant fact is the bill that stayed within the spending limit (a Republican sponsored bill) was killed. The other bill (sponsored by a Democrat) was passed.
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