Printed on 8/23/08
2. The price of gas is still too high
3. Economic Forecast
4. Upcoming Parades
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1. There continues to be deep concern about the real effect of SB 200; not just in Colorado but across the country.
SB 200, which the governor signed despite thousands of calls urging a veto, adds sexual orientation to the list of groups covered under civil rights legislation. Governor Ritter has given assurances that SB200 will not force businesses to accept clients that compromise their moral standards, but from what I learned when we debated this bill in the House I know he is completely wrong. That is the very purpose of this far-reaching legislation!
Another troubling part of this law is the censorship it imposes on printed materials. The section banning anything published that condemns homosexual behavior could be applied to anything, even the Bible. I don't expect anyone to force this conclusion soon, but the law is so open-ended that a judge could use this law to censor the BIble and any other published information he finds objectionable.
Finally, SB200 stripped away the people's constitutional right to review this bill at the ballot box. They included a "safety clause", declaring that it was necessary for the law to take effect immediately for the "preservation of the public peace, health, and safety." This removes the people's constitutional right to demand a vote on the legislation. In my opinion this abuse of the constitutional rules for lawmaking should on its own make this law illegal. We might see if any judge has the courage to agree.
2. Price of oil
For too long our national policies have allowed the production and refining capacity of oil to drop dangerously low. It is now coming back upon us with gas that few can afford, it threatens just about every sector of our economy and puts us at the mercy of nations who do not share our values and principles.
It is ironic that here in Colorado the oil and gas commission is considering even stricter standards that will drive the oil industry further away from Colorado. This is due to the legislation that I fought last year that allowed Governor Ritter to pack the commission with members who apparently don't understand the energy/price crisis we are facing.
We need an aggressive program to develop energy independence. I will be working toward that end.
Stay tuned...
3. The Legislative Council economic staff just released their quarterly economic report. Due to many factors, including the price of oil, the nation as a whole continues to show sluggish, if any, growth. The good news is that Colorado seems to be doing better than most of the country and Northern Colorado is somewhat stronger than other parts of the state. We are still seeing an increase in unemployment, but retail sales are slightly up and housing foreclosures are less than most counties in Larimer and more than most counties in Weld.
One of the reasons for the resiliency of Colorado's economy is our oil and gas industry. This is not the time to discourage the industry that is helping our state dodge much of the economic malaise our country is facing.
Another significant economic fact in the report is that estimated Referendum C dollars have grown to over 6.1 Billion dollars, and this legislature couldn't put a dime of it in a rainy day fund.
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4. Finally, my campaign is now well underway and this is the parade season. If you can, please join me at the parades coming up in the next couple of weeks:
July 4, Wellington
July 5, Red Feather Lakes
July 8, Estes Park
If you can help, give me a call at: 970-690-0232
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2. Property Tax Increase Ruled Unconstitutional
3. We Raised $1,700 for Windsor Relief Funds
4. Berthoud Day Parade
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1. Despite many calls for its veto, Governor Ritter signed Senate Bill 200 last week. His signature came only one day after Focus on the Family exposed SB 200, through a nationwide broadcast, as a heavy"handed policy that radically changes discrimination laws to protect every type of gender confusion. This law goes so far that it may allow anyone to use any public restroom regardless of their gender or their "perceived" gender.
The media has been virtually silent on this significant change.
Some have dubbed this the "bathroom bill" because of the changes it makes to the public accommodation section. I call it the Tim Gill bill because it's really a pay-off to him and his cronies who put this legislature in office. They spent multiple millions of dollars through 527's which are not subject to campaign finance limits. SB 200 is one of the worst bills this left-wing legislature has forced onto the people of Colorado.
2. On Friday, May 30, the courts threw out Governor Ritter's property tax increase. Originally called a mill levy freeze, it resulted in a $118 million dollar property tax increase for this year alone! It was enacted without the constitutionally required vote of the people. This was a major agenda item for Governor Ritter in 2007. He now must appeal the court decision or give the money back to the people, plus interest, as the constitution clearly specifies. I suspect he will choose the former.
3. I would like to commend the people of Windsor for their positive spirit and the great effort they have already put forth since the tornado on May 22nd. Great progress has already been made toward the rebuilding of Windsor. I see Windsor already becoming a stronger community through the challenges of this tragedy.
Care and concern for the people of Windsor has also spread across the entire state. As a small example of the generosity of the people of Colorado, this past Saturday Senator Renfroe and I were able to raise over $1,700 at the Republican State Convention for Windsor relief funds.
4. Please walk with me at the Berthoud Day Parade this Saturday. The parade starts at 11AM. We line up and decorate the float at 9:30AM on the East side of town. If you can help, please give me a call at: (970) 532-3070.
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2. Regulations and Fees for Private Higher Education
3. Sexual Orientation Bill for 2008
4. "Referendum C" on Steroids
5. Legislature Approves a Billion Dollars of Debt
6. The 2008 Session is Over
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1. In the final days of the legislature several of my bills and resolutions were approved. They included a resolution concerning healthy forests (HJR 1033), a bill setting up a fund for the State Forest Service to fight the bark beetle infestation (HB 1318) and SB 246, 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 discounting of gas, drugs and other "loss leader" sales.
2. SB 167 is a comprehensive bill giving the department of higher education a great deal of control over private institutions of 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 amendment died on essentially a party-line vote. SB 167 passed both houses
3. Senate Bill 200 is the latest in a long line of bills seeking to expand political correctness. SB 200 does this by adding sexual orientation to the list of groups covered under civil rights legislation. Sexual orientation is defined as: "A PERSON'S ORIENTATION TOWARD HETEROSEXUALITY, HOMOSEXUALITY, BISEXUALITY, OR TRANSGENDER STATUS OR ANOTHER PERSON'S PERCEPTION THEREOF." SB 200 prohibits any business from any such "discrimination". An example given in the debate: a wedding photographer, to conduct business in Colorado, will not be able to decline to shoot a "wedding" on the basis of sexual orientation of the couple. This bill also penalizes discrimination (or communication of discrimination) at any place of public accommodation " another way of saying any place where the public is free to come. We were able to force through an amendment exempting churches and other religious organizations, but the bill still applies to all other places of public accommodation. This is just the latest example of identity politics making government shove their agenda into public policy.
4. In State Affairs HCR 1014 was killed. This was the ballot question that would have permanently ended TABOR refunds and put government on an even bigger spending spree than they currently enjoy. Speaker Romanoffs HJR 1014 would have mandated that all TABOR refunds for the tax payers be rerouted to the State Education Fund. This scheme allows the General Assembly to replace money that they are constitutionally obligated to give to K-12 education with money taken from our TABOR refund checks. HJR 1014 was nothing more than Referendum C on steroids, a permanent tax increase disguised by words about education revealing nothing more than a legislature incapable of controlling it's impulse to spend other peoples money.
But wait, there's more... Romanoff is now trying to put this on the ballot through an initiative petition. Stay tuned, it may be back.
5. In the last two weeks the legislature put the state in about a billion dollars of debt. SB 206 authorized loans of about $400,000,000 for a new home for the Colorado Supreme Court. SB 233 then gave our state colleges and universities the authority to borrow another $400,000,000! These two measures will take over a billion dollars to repay. Neither of the measures will ask the people for a vote to approve these loans, which the constitution clearly requires.
6. I end on as positive a note as I can find: The 2008 session is over!
This legislature will not be able to create any more taxes, fees, or regulations for Colorado's citizens and businesses. Nor will they be setting any more 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 yet to be proven theory.
This legislature will also not be running any more measures that redefines the family, replaces the family with more government programs or strips away any more of the few remaining public policies that still support the notion of a free society. In a free society individuals are responsible for themselves and parents have the primary authority to raise their own children as they see best. In 2008 the Colorado General Assembly did not give much credence to these ideals, but I assure you I will continue to work for these principles of good government.
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1. Three Remarkable Resolutions
2. Picketing in Residential Areas
3. SB 106 moves forward, SJR 006 and SJR 009 Introduced
4. Second Amendment Hearing
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1. HJR 1023 and HJR 1024 were passed on Monday, the 14th. Both were honoring the servicemen in Iraq and Afghanistan who have lost their lives or are missing in action. It was a moving ceremony for those who most deserve our honor. On Friday, the 18th, one more resolution was passed, SJR 019. This resolution honored Jeanne Assam, who ended the shooting at New Life Church in Colorado Springs last December. Because of her courage many were protected from the killer's rampage. These resolutions were important moments when we put aside our sometimes contentious debates to recognize the courage and sacrifices of others.
2. On Friday the House spent two hours of impassioned debate concerning SB 192. This bill restricts picketing in residential areas. It requires picketers to keep moving, not stop and travel at least 300 feet in a route around a house that they are targeting in their picketing. This bill may not technically violate the First Amendment, 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. Now picketing in a residential area will be bigger and disrupt a neighborhood even more than it would without this law. None-the-less, the House passed SB 192.
3. SB 106, which removes a loophole in the law that allowed someone judged to be a sexual predator in another state to not have that information used in some Colorado custody cases. I am carrying this bill in the House. It passed Judiciary committee and awaits action in second reading. Two others measures of which I am the House sponsor were introduced in the Senate by Senator Schutheis. SCR 006 would require the state government to use English in conducting government business, with certain limited exceptions. SCR 009 would prevent cities from enforcing "sanctuary policies." I doubt that this legislature will allow these measures to move very far forward, but we are still doing what we can on these issues about which many Colorado citizens are very concerned.
4. The Republican Study Committee conducted a hearing on the Second Amendment on Friday. It was an informative two hours in which we examined the dynamics of the recent U.S. Supreme Court hearing on the D.C. hand gun ban. Our lead presenter was David Kopel, who had assisted in the oral arguments of the case. We also considered how this decision could affect Colorado law and what we might do in next year's session to uphold the Second Amendment in Colorado.
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1. House Removes Sales Tax Cap
2. Homeschool Day at the Capitol
3. My Pine Beetle Bill
4. Second Amendment Hearing
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1. SB 128, which passed the House, removes the statutory cap on sales tax rates. It will allow local jurisdictions to set whatever total sales tax rate that they choose. I have two problems with this bill. The first is the policy of completely removing a limit to local sales tax rates. The second is that it violates the TABOR amendment. To be clear, a local jurisdiction would still have to conduct a vote to raise a tax rate, but the Constitution does not give the legislature the authority to make the change in tax policy that SB 128 makes without a vote of the people as well.
2. Friday the 11th marked Colorado's annual Home School Day at the Capitol. House Joint Resolution 1022, which I sponsored in the House and which Senator Mitchell sponsored in the Senate not only recognizes the tremendous contributions of homeschool families to their children's education and the state's well being, but it also reaffirms that in the state of Colorado no teaching license will be required for homeschool parents. This is a significant point this year, as a California state court recently ruled that parents do need to be certified to teach at home in California. The California Supreme Court later vacated that ruling, but to reassure Colorado families it was important that the Colorado legislature reaffirm their support for home schooling as it exists today. HJR 1022 passed both the House and Senate on Friday.
3. This week HB 1318 went through the Appropriations committee and through second reading on the House floor. This is my bill to create a fund for the Colorado Forest Service to help deal with the bark beetle. I trust this bill will pass third reading soon and then on to the Senate.
4. This coming Friday, April 18, the Republican Study Committee of Colorado will conduct a hearing on the Second Amendment. We are looking into the possible impacts the U. S. Supreme Court will have on Colorado law when they rule on the District of Columbia hand gun laws. For more information go to: www.rscc.us.
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1. Colorado's Funeral Industry May Become the Most Regulated in the Nation
2. 500% Real Estate Fee Hike Killed in Finance Committee
3. Most Expensive Budget in Colorado History Passed Senate With Party-line Vote
4. Private Higher Ed Facing Significant Increase in Regulation
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1. In the latest example of unnecessary and expensive government, the House passed HB 1125, making Colorado's funeral industry, currently the least regulated, the most regulated in the nation. This legislation will make it increasingly difficult and expensive to operate a funeral home in Colorado. This regulation will increase the costs of funerals for all Coloradans, placing an even greater financial burdens on families that are in the midst of an already difficult time. Finally, this bill makes it very hard for many rural funeral directors to stay in business, potentially leaving many rural areas dependent on city funeral homes far away from their friends and families.
2. This week we had a victory in defeating HB 1340 in the Finance committee. This bill would have increased the residential Real Estate Document Fee by 500% in Colorado, harming an already damaged industry. The bill would have created an affordable housing fund, but it drove the cost of housing that much higher to pay for the fund.
3. This week the Long Bill passed out of the Senate on a near party-line vote - just like the vote in the House (the only Republican voting for the bill was a member of the Budget Committee.) Early in the process the Senate Republicans continued with my call for a small rainy day fund for the state, and at first they got the Democrats to agree! However, the Governor then stepped in and convinced the Democrats to remove it from the budget. So the final score is that this year we will spend over $19 Billion of Colorado taxpayer's money and not save one cent for the revenue shortfalls we are sure to see before our economy pulls out of this present economic slump.
4. This coming week SB 167 is expected to be heard in the House. This bill puts tight regulatory control on private higher education, including a requirement that religious institutions be authorized by the state in order to do business in Colorado. I will be trying to amend the worst parts out of the bill, but I expect it to be an uphill battle.
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1. My E-Verify Bill
2. Sunday Liquor Sales
3. Global Warming and Higher Electricity Costs
4. The Long Bill
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1. My bill providing employers with information concerning the Federal E-Verify system (SB 139), passed third reading in the House. It now goes back to the Senate for consideration of House amendments.
2. SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I voted against this bill 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.
3. 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.
4. The annual budget bill, called the "long bill" will be considered in the House this coming week. I will be trying to put some extra restraint on our spending. In light of the current economic downturns we are seeing nationally, I believe our state should start to prepare for the inevitable and reduce our spending immediately.
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1. My E-Verify Bill
2. Sunday Liquor Sales
3. Global Warming and Higher Electricity Costs
4. The Long Bill
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1. My bill providing employers with information concerning the Federal E-Verify system (SB 139), passed third reading in the House. It now goes back to the Senate for consideration of House amendments.
2. SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I voted against this bill 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.
3. 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.
4. The annual budget bill, called the "long bill" will be considered in the House this coming week. I will be trying to put some extra restraint on our spending. In light of the current economic downturns we are seeing nationally, I believe our state should start to prepare for the inevitable and reduce our spending immediately.
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1. My Bills
2. Seasonal Workers for Colorado Farms
3. Pastor's Day at the Capitol
4. Election Update
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1. My bill, the "Notify Employers of the E-verify Program", SB 139, is still waiting for the second reading in the House. I am told it should be considered next Monday.
HB 1318, concerning the bark beetle infestation, 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. Since another bill, which has already passed through the House, also creates the sales tax exemption, I am hopeful we will see both of the original components of my bill eventually become law. HB 1318 is now heading back to Appropriations for a fourth committee hearing.
2. On Thursday, March 13, in State Affairs committee HB 1325 was given a public hearing. Thus bill would create a pilot program for the state of Colorado to help farmers recruit legal seasonal foreign workers. The opposition came from the extreme immigrant rights advocates who also condemned the current 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 am hopeful that we can find legal means to address our agricultural labor needs, but any form of amnesty is definitely the wrong direction. At this time I am supporting HB 1325.
3. The Pastors Day at the Capitol, featuring David Barton of Wallbuilders Ministry, was a very effective event. About 150 people came to this all day conference last Friday. Those who attended were inspired to be more effective leaders in the public square. I hope this becomes an annual event.
4. The campaign season has kicked in early this year. During this past week the Larimer county Republican party held a very successful Lincoln Day dinner and were a part of the popular St. Patrick's Day parade in Fort Collins.
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1. My E-verify Bill Passes House State Affairs
2. Compost and Abortion Rights
3. Registration for the Pastors Conference is Tuesday
4. Election Update
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1. Notify Employers of the E-verify Program, SB 139, passed the House State Affairs committee last Thursday, March 6. This bill, of which I am the House sponsor, will require the Department of Labor to notify employers of the Federal E-verify system. This system enables employers to instantly check the legal status of newly hired employees. The notice will be included in an e-mail newsletter the department already sends out to businesses across the state. SB 139 will now be heard by the House for second reading.
2. There were two measures that passed the House this past week that I opposed and argued against.
HB 1231 further regulated the fertilizer industry. Now we can have an official, state definition and control of what compost is. You would think we might run out of things to regulate...
On Friday, March 7, HJR 1009 was passed by the House. 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 publicly acknowledged. The problem, however, is that the treaty also calls for full access to "reproductive rights," which are code words for abortion rights. Despite the sponsors claim that this had nothing to do with abortion, I quoted the U.N.'s own description of the treaty. The United Nations website says: ...the Convention also devotes major attention to a most vital concern of women, namely their reproductive rights.
The resolution passed with all Democrats supporting and all but three Republicans opposing the resolution.
3. The Pastors Conference at the capitol, featuring David Barton of Wallbuilders Ministry, is Friday, March 14. This all day conference is free, but registration is required. The deadline for registering is Tuesday, March 11. If you are a pastor please consider attending. If not, pass this on to your church's leadership. For more information or to register go to: http://www.cofamily.org/pastorevent08.php.
4. This past week I was opposed, unopposed and then opposed again. My first Democrat opponent dropped out of the race earlier this week, but on Saturday the Democrats nominated another person to run against me next fall. It is interesting to note that both of these people are political science instructors at CSU.
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1. Two of My Bills Move Forward
2. 42 Bills Pass the House on Wednesday
3. My Nomination to Seek a Fourth Term
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1. Two of my bills, SB 68 and HB 1318 moved forward in the House this past week. SB 68 deals with telemedicine for Medicaid mental health services. The bill passed the House unamended and now moves on to the governors desk. HB 1318 creates a fund for mitigating the bark beetle infestation in state forests and it creates a sales tax exemption for bark beetle wood products. This bill was heard in the Appropriations committee, who forwarded the bill on to the Finance committee.
2. On Wednesday, February 27, 42 bills were voted on by the House and all passed, including HB 1107, which will require REAs and municipal utilities to set aside 2% of their revenues for funding 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 with a bare majority of 33-32 votes. In addition, the following bills were passed:
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.
Whereas most of the 42 bills voted on I did find reasons to support, I did not vote for any of the specific bills I have listed above which increases fees (taxes) and regulations for the people of Colorado.
3. On Saturday, March 1, I was unanimously nominated by the District 49 Republican Assembly to stand for reelection. It has been a great honor to represent the people of this district for the past six years and I look forward to the opportunity of asking the people if I can serve the final term I am allowed by the constitution. As with all of the campaigns I have conducted, I commit to run a positive campaign that focuses on issues, not personalities.
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1. Two of My Bills Are Approved in Committee
2. Comprehensive Tax Reform Bill Killed
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1. Two bills I am sponsoring were approved by the committees they were assigned to.
The first bill was HB 1318, presented to The House Agriculture committee on Tuesday, February 19, This bill will create a state sales tax exemption for lumber and lumber products that come from trees killed by the bark beetle infestation and it will create a fund for the state forest service to help deal with the bark beetle problem on state lands.
The second bill is SB 68, which clarifies in statute that Medicaid will allow telemedicine services for mental health treatment. This bill is designed to enable more cost efficient mental health services for the rural parts of our state. This bill passed the Health and Human Services Committee on Thursday, February 21.
2. A public hearing was held for HB 1245 in the House Finance committee on Wednesday, February 20. This bill was a comprehensive tax reform package that would have lowered the income tax rate from 4.63% to 4.60%, over a several year period would have reduced car registration fees to $10-30, it would have phased out many telephone and cable taxes and fees, removed a variety of vehicle fees that are really taxes, and ended the illegal property tax increase 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 was estimated to be about $20 million. The tax and fee reduction would have been several hundred million dollars.
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, and is far too focused on sustaining the ever growing government system. The sponsor of HB 1245 was Rep. Bruce.
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1. Bill to Increase Assessor's Authority to Audit Personal Business Property
2. Compensation for Unjust Imprisonment
3. Fee Increase Day in the House
4. Pastor's Day at the Capitol
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1. Far too often I have to report on the wrong direction this current legislature is taking. On Thursday, February 13, the right direction occurred with one bill in the Finance committee. HB 1258 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 an extensive hearing two Democrats were persuaded to oppose the bill and it was defeated.
2. For the last few weeks I have been working on a late bill for which I hope to get permission to run (late bills require approval from the House leadership.) The bill would provide a way to compensate someone who was unjustly imprisoned for a crime they did not commit, like in the Tim Masters case. Several states do have such laws in place. In my opinion there is no excuse for Colorado turning a blind eye to this injustice. It was reported in the Fort Collins paper that Senator Bacon is working on the same issue. When I learned of his interest, I went to him to see is we could work together and at this time I am hopeful that we will be able to bring some legislation forward. The big hurdle is finding the funds needed for this bill.
3. February 12 was the fee increase day. HB 1054 increases fees for wholesale food facilities. HB 1100 increases fees on birth certificates to pay for a new program (the fee is not in any way 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.
All of these fee increase bills sailed through the House.
4. David Barton of Wallbuilders Ministry, Pastor Rick Scarborough of Vision America and Joe Infranco of Alliance Defense Fund are the speakers scheduled for a special Pastor's Day at the Capitol on Friday, March 14. This all day event is free, but registration is required. It is open to all pastors and church leaders to attend. Pastor's Day at the Capitol, sponsored by Colorado Family Institute, was initiated by myself and four other Colorado legislators who attended David Barton's national conference for state legislators last October. If you are a pastor, or involved in church leadership, please consider attending. If not, pass this on to your church's leadership. For more information o to register go to: http://www.cofamily.org/pastorevent08.php.
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1. Medicaid Reform Bill Killed in Committee
2. Immigration Reform Bills Killed in Committee
3. Senate State Affairs to Consider Pro-life and Religious Liberty Bills
4. Pastor's Day at the Capitol
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1. 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 defeated on a party-line vote.
2. 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, 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. This 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.
3. Two bills of which I am the House sponsor will be heard in the Senate State Affairs committee on Monday, Feb. 11.
SB 95 is the Abortion Informed Consent and Ultrasound bill. Prior to performing an abortion, a physician would be required to inform the mother of her right to have an ultrasound prior to the abortion. She would be required to affirm in writing that she received this information which includes a list of places where this ultrasound could be performed at no cost. This bill also requires a waiting period after the woman receives the information before the abortion can be performed. It allows for a medical emergency exception.
SB 112 is the Preservation Of The Exercise Of Religion bill. This bill is similar to laws that have been enacted in fifteen other states. It restricts a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that the application of the burden to the person is both essential to furthering a compelling governmental interest and is the least restrictive means of doing so.
4. David Barton of Wallbuilders Ministry, Pastor Rick Scarborough of Vision America and Joe Infranco of Alliance Defense Fund are the speakers scheduled for a special Pastor's Day at the Capitol on Friday, March 14. This all day event is free, but registration is required. It is open to all pastors and church leaders to attend. This event, sponsored by Colorado Family Institute, was initiated by myself and four other legislators who attended David Barton's national conference for state legislators last October. If you are a pastor, or involved in church leadership, consider attending. If not, pass this on to your churh's leadership. To register go to: http://www.cofamily.org/pastorevent08.php.
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1. Motorized Ban on Public Lands in Colorado
2. My Bills in Committee
3. Resignation in the House
4. Caucuses on Feb. 5
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1. On Wednesday HB 1069 passed the House. It reverses Colorados policy on back country travel by banning motorized vehicles on all public lands, trails or roads that do not have signs that specifically allow those vehicles. The bill also adds strict enforcement procedures. Through HB 1069 all motorcycles, snowmobiles, ATVs and 4-wheel vehicles are banned from all public lands unless signs are posted which allow a vehicle on any particular road or trail. The only exceptions are for government use or with a government issued permit. The bill's passage was virtually a party-line vote
2. My bills eliminating Larimer, Weld and El Paso counties from the diesel emission program area (HB 1133) and esstablishing a $1000 property tax credit for students who move from a publicly funded school to a privately funded school (HB 1081) were both killed in committee hearings this week. The only votes supporting the bills were cast by Republicans.
3. The assistant majority leader, Rep. Michael Garcia resigned his seat on Friday. Thursday afternoon a report was circulating of inappropriate behavior in front of a female lobbyist a few weeks ago. By Friday morning he had submitted his resignation.
Mike Garcia was a fair and hard working member of the House. It is unfortunate that his career in the House should end in such a tragic way.
4. Next Tuesday, February 5, is caucus night for Colorado. Please go to your local precinct caucus. If you are in my house district (District 49) I would appreciate your support in any way you can. I do not know of any other Republican candidates running for this office, but the general election already seems to be in high gear. Just this past week my Democrat opponents supporters sent out a flurry of letters to local papers.
I find it dissapointing that these letters are strong attack pieces. As with all of the campaigns I have conducted, I will take the highest road I can. I request that anyone who chooses to support me in their private conversations or letters to the editor refrain from negative attacks on my opponent. For the District 49 race I want to see a respectful debate of the issues facing the people of District 49.
* To find the caucus locations in Larimer county go to: http://www.co.larimer.co.us/elections/caucus.htm
* If you need to find your precinct number in Larimer county, please visit the Larimer County Website http://www.co.larimer.co.us/elections/voter_inquiry.cfm
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1. Educational Tax credits
2. Diesel Emissions Testing
3. Censure in the House
4. 2008 voting system
5. Caucuses on Feb. 5
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1. The educational tax credit bill I am carrying (HB 1081) will be heard in the Finance committee on Wednesday, January 30. It creates a $1000 property tax credit for families whose children move from a public to a privately funded education system, creates a tax credit for contributions to educational scholarship organizations and sets up a fund that will eventually provide property tax credits for families whose children are already in a privately funded educational system.
2. HB 1133 will be heard in the Transportation committee on Tuesday, January 29. This bill which I am carrying will modify the area for the diesel emission testing program. It removes Larimer, Weld and El Paso counties. Gas emissions testing has already been eliminated for these counties, but diesel vehicles are covered in a different part of the statutes and must be dealt with separately. Since only a fraction of a percent of the vehicles tested ever fail the test, the annual tests are very expensive ($80 in Loveland!) and federal law does not require the testing, it only makes sense to get rid of this nuisance regulation and the consequent $10 annual registration fee charged to all diesel vehicle owners.
3. On Thursday, January 24, the House voted to censure Representative Douglas Bruce by a vote of 62 for and one against. I was the dissenting vote.
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 in the House, 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 the resolution censuring Representative Bruce.
4. This past week the House passed HB 1155, which will help to untangle the issue of certifying voting equipment for the 2008 election. Due to several factors many of the voting machines in the state have been decertified, thus jeopardizing the 2008 election. Many county clerks are calling for an all mail ballot election to deal with the problem. I have several concerns an all mail ballot election, including the wholesale mailing of ballots to the last known address of all active voters, of which thousands of those ballots could possible not end up in the hands of the intended voter. An all mail ballot election also eliminates election day, and early voting options.
I am pleased to report that here at the capitol the governor and most of the legislature are also not in favor an all mail ballot system for 2008.
We will have more legislation on this critical issue and I assure you that I will continue to fight for elections that include early and election day voting with paper ballots that we can all have confidence in.
5. Don't forget, caucuses are early this year, on Tuesday, February 5th.
* To find the caucus locations in Larimer county go to: http://www.co.larimer.co.us/elections/caucus.htm
* If you need to find your precinct number in Larimer county, please visit the Larimer County Website: http://www.co.larimer.co.us/elections/voter_inquiry.cfm
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1. A Slow Start
2. My Bills
3. Representative Bruce
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1. This years legislative session has gotten off to a slower start than last year. The hot issues are not coming up very quickly. Last year our first Second Reading floor action contained the big union bill and we ended the year with the second largest tax increase in the states history (without a vote from the people.) This year the most controversial bill so far has been a technical change concerning lawsuit settlement costs.
The governors opening speech was also significantly scaled back from the aggressive agenda he put forward last year. I suspect the majority party is not quite as anxious to push their agenda very hard in this election year.
I am certain, however, that there is still much to come and I will report on those issues in the coming weeks.
2. The bills I have introduced are:
HB 1081, establishing an educational property tax credit system for non-public education,
HB 1133, eliminating annual diesel emission testing requirements for Larimer, Weld and El Paso counties,
HB 1124, creating an optional Medicaid program for older Coloradans.
Two Senate bills I am the prime House sponsor of are:
SB 068, concerning telemedicine Medicaid for mental health,
SB 083 concerning the verification of the work eligibility status of new employees.
3. One focal point of these first few days has been the arrival of our newest member, Douglas Bruce. Much has been made of the incident that occurred during opening prayer and I will not add more to that discussion here. I will pay more attention to his substantive contributions to this years legislative process.
Rep. Bruce has, in a respectful manner, challenged the way safety clauses are used on the majority of bills run in the legislature. He is running amendments to remove the safety clause from any bill that does not meet the constitutional requirements for safety clauses. It has already caused much debate on what it means to uphold the state constitution, rather than find ways to work around it, as all three branches of our government are far too prone to do.
He is also seen by most as the preeminent authority on the TABOR amendment. This is the year many are going to try to put in place a means to strip TABOR from our constitution. I am confident Representative Bruce will be an invaluable watchdog over that process.
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Legislative Reports
Home / The Issues / 2008 Session
- June 22, 2008
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- April 20, 2008
- April 13, 2008
- April 6, 2008
- March 29, 2008
- March 23, 2008
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- February 24, 2008
- February 16, 2008
- February 10, 2008
- February 2, 2008
- January 25,2008
- January 20, 2008
June 22, 2008
1. More about Senate Bill 2002. The price of gas is still too high
3. Economic Forecast
4. Upcoming Parades
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1. There continues to be deep concern about the real effect of SB 200; not just in Colorado but across the country.
SB 200, which the governor signed despite thousands of calls urging a veto, adds sexual orientation to the list of groups covered under civil rights legislation. Governor Ritter has given assurances that SB200 will not force businesses to accept clients that compromise their moral standards, but from what I learned when we debated this bill in the House I know he is completely wrong. That is the very purpose of this far-reaching legislation!
Another troubling part of this law is the censorship it imposes on printed materials. The section banning anything published that condemns homosexual behavior could be applied to anything, even the Bible. I don't expect anyone to force this conclusion soon, but the law is so open-ended that a judge could use this law to censor the BIble and any other published information he finds objectionable.
Finally, SB200 stripped away the people's constitutional right to review this bill at the ballot box. They included a "safety clause", declaring that it was necessary for the law to take effect immediately for the "preservation of the public peace, health, and safety." This removes the people's constitutional right to demand a vote on the legislation. In my opinion this abuse of the constitutional rules for lawmaking should on its own make this law illegal. We might see if any judge has the courage to agree.
2. Price of oil
For too long our national policies have allowed the production and refining capacity of oil to drop dangerously low. It is now coming back upon us with gas that few can afford, it threatens just about every sector of our economy and puts us at the mercy of nations who do not share our values and principles.
It is ironic that here in Colorado the oil and gas commission is considering even stricter standards that will drive the oil industry further away from Colorado. This is due to the legislation that I fought last year that allowed Governor Ritter to pack the commission with members who apparently don't understand the energy/price crisis we are facing.
We need an aggressive program to develop energy independence. I will be working toward that end.
Stay tuned...
3. The Legislative Council economic staff just released their quarterly economic report. Due to many factors, including the price of oil, the nation as a whole continues to show sluggish, if any, growth. The good news is that Colorado seems to be doing better than most of the country and Northern Colorado is somewhat stronger than other parts of the state. We are still seeing an increase in unemployment, but retail sales are slightly up and housing foreclosures are less than most counties in Larimer and more than most counties in Weld.
One of the reasons for the resiliency of Colorado's economy is our oil and gas industry. This is not the time to discourage the industry that is helping our state dodge much of the economic malaise our country is facing.
Another significant economic fact in the report is that estimated Referendum C dollars have grown to over 6.1 Billion dollars, and this legislature couldn't put a dime of it in a rainy day fund.
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4. Finally, my campaign is now well underway and this is the parade season. If you can, please join me at the parades coming up in the next couple of weeks:
July 4, Wellington
July 5, Red Feather Lakes
July 8, Estes Park
If you can help, give me a call at: 970-690-0232
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June 1, 2008
1. Ritter Signs SB 2002. Property Tax Increase Ruled Unconstitutional
3. We Raised $1,700 for Windsor Relief Funds
4. Berthoud Day Parade
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1. Despite many calls for its veto, Governor Ritter signed Senate Bill 200 last week. His signature came only one day after Focus on the Family exposed SB 200, through a nationwide broadcast, as a heavy"handed policy that radically changes discrimination laws to protect every type of gender confusion. This law goes so far that it may allow anyone to use any public restroom regardless of their gender or their "perceived" gender.
The media has been virtually silent on this significant change.
Some have dubbed this the "bathroom bill" because of the changes it makes to the public accommodation section. I call it the Tim Gill bill because it's really a pay-off to him and his cronies who put this legislature in office. They spent multiple millions of dollars through 527's which are not subject to campaign finance limits. SB 200 is one of the worst bills this left-wing legislature has forced onto the people of Colorado.
2. On Friday, May 30, the courts threw out Governor Ritter's property tax increase. Originally called a mill levy freeze, it resulted in a $118 million dollar property tax increase for this year alone! It was enacted without the constitutionally required vote of the people. This was a major agenda item for Governor Ritter in 2007. He now must appeal the court decision or give the money back to the people, plus interest, as the constitution clearly specifies. I suspect he will choose the former.
3. I would like to commend the people of Windsor for their positive spirit and the great effort they have already put forth since the tornado on May 22nd. Great progress has already been made toward the rebuilding of Windsor. I see Windsor already becoming a stronger community through the challenges of this tragedy.
Care and concern for the people of Windsor has also spread across the entire state. As a small example of the generosity of the people of Colorado, this past Saturday Senator Renfroe and I were able to raise over $1,700 at the Republican State Convention for Windsor relief funds.
4. Please walk with me at the Berthoud Day Parade this Saturday. The parade starts at 11AM. We line up and decorate the float at 9:30AM on the East side of town. If you can help, please give me a call at: (970) 532-3070.
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May 8, 2008
1. My Legislative Success2. Regulations and Fees for Private Higher Education
3. Sexual Orientation Bill for 2008
4. "Referendum C" on Steroids
5. Legislature Approves a Billion Dollars of Debt
6. The 2008 Session is Over
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1. In the final days of the legislature several of my bills and resolutions were approved. They included a resolution concerning healthy forests (HJR 1033), a bill setting up a fund for the State Forest Service to fight the bark beetle infestation (HB 1318) and SB 246, 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 discounting of gas, drugs and other "loss leader" sales.
2. SB 167 is a comprehensive bill giving the department of higher education a great deal of control over private institutions of 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 amendment died on essentially a party-line vote. SB 167 passed both houses
3. Senate Bill 200 is the latest in a long line of bills seeking to expand political correctness. SB 200 does this by adding sexual orientation to the list of groups covered under civil rights legislation. Sexual orientation is defined as: "A PERSON'S ORIENTATION TOWARD HETEROSEXUALITY, HOMOSEXUALITY, BISEXUALITY, OR TRANSGENDER STATUS OR ANOTHER PERSON'S PERCEPTION THEREOF." SB 200 prohibits any business from any such "discrimination". An example given in the debate: a wedding photographer, to conduct business in Colorado, will not be able to decline to shoot a "wedding" on the basis of sexual orientation of the couple. This bill also penalizes discrimination (or communication of discrimination) at any place of public accommodation " another way of saying any place where the public is free to come. We were able to force through an amendment exempting churches and other religious organizations, but the bill still applies to all other places of public accommodation. This is just the latest example of identity politics making government shove their agenda into public policy.
4. In State Affairs HCR 1014 was killed. This was the ballot question that would have permanently ended TABOR refunds and put government on an even bigger spending spree than they currently enjoy. Speaker Romanoffs HJR 1014 would have mandated that all TABOR refunds for the tax payers be rerouted to the State Education Fund. This scheme allows the General Assembly to replace money that they are constitutionally obligated to give to K-12 education with money taken from our TABOR refund checks. HJR 1014 was nothing more than Referendum C on steroids, a permanent tax increase disguised by words about education revealing nothing more than a legislature incapable of controlling it's impulse to spend other peoples money.
But wait, there's more... Romanoff is now trying to put this on the ballot through an initiative petition. Stay tuned, it may be back.
5. In the last two weeks the legislature put the state in about a billion dollars of debt. SB 206 authorized loans of about $400,000,000 for a new home for the Colorado Supreme Court. SB 233 then gave our state colleges and universities the authority to borrow another $400,000,000! These two measures will take over a billion dollars to repay. Neither of the measures will ask the people for a vote to approve these loans, which the constitution clearly requires.
6. I end on as positive a note as I can find: The 2008 session is over!
This legislature will not be able to create any more taxes, fees, or regulations for Colorado's citizens and businesses. Nor will they be setting any more 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 yet to be proven theory.
This legislature will also not be running any more measures that redefines the family, replaces the family with more government programs or strips away any more of the few remaining public policies that still support the notion of a free society. In a free society individuals are responsible for themselves and parents have the primary authority to raise their own children as they see best. In 2008 the Colorado General Assembly did not give much credence to these ideals, but I assure you I will continue to work for these principles of good government.
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April 20, 2008
Topics:1. Three Remarkable Resolutions
2. Picketing in Residential Areas
3. SB 106 moves forward, SJR 006 and SJR 009 Introduced
4. Second Amendment Hearing
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1. HJR 1023 and HJR 1024 were passed on Monday, the 14th. Both were honoring the servicemen in Iraq and Afghanistan who have lost their lives or are missing in action. It was a moving ceremony for those who most deserve our honor. On Friday, the 18th, one more resolution was passed, SJR 019. This resolution honored Jeanne Assam, who ended the shooting at New Life Church in Colorado Springs last December. Because of her courage many were protected from the killer's rampage. These resolutions were important moments when we put aside our sometimes contentious debates to recognize the courage and sacrifices of others.
2. On Friday the House spent two hours of impassioned debate concerning SB 192. This bill restricts picketing in residential areas. It requires picketers to keep moving, not stop and travel at least 300 feet in a route around a house that they are targeting in their picketing. This bill may not technically violate the First Amendment, 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. Now picketing in a residential area will be bigger and disrupt a neighborhood even more than it would without this law. None-the-less, the House passed SB 192.
3. SB 106, which removes a loophole in the law that allowed someone judged to be a sexual predator in another state to not have that information used in some Colorado custody cases. I am carrying this bill in the House. It passed Judiciary committee and awaits action in second reading. Two others measures of which I am the House sponsor were introduced in the Senate by Senator Schutheis. SCR 006 would require the state government to use English in conducting government business, with certain limited exceptions. SCR 009 would prevent cities from enforcing "sanctuary policies." I doubt that this legislature will allow these measures to move very far forward, but we are still doing what we can on these issues about which many Colorado citizens are very concerned.
4. The Republican Study Committee conducted a hearing on the Second Amendment on Friday. It was an informative two hours in which we examined the dynamics of the recent U.S. Supreme Court hearing on the D.C. hand gun ban. Our lead presenter was David Kopel, who had assisted in the oral arguments of the case. We also considered how this decision could affect Colorado law and what we might do in next year's session to uphold the Second Amendment in Colorado.
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April 13, 2008
Topics:1. House Removes Sales Tax Cap
2. Homeschool Day at the Capitol
3. My Pine Beetle Bill
4. Second Amendment Hearing
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1. SB 128, which passed the House, removes the statutory cap on sales tax rates. It will allow local jurisdictions to set whatever total sales tax rate that they choose. I have two problems with this bill. The first is the policy of completely removing a limit to local sales tax rates. The second is that it violates the TABOR amendment. To be clear, a local jurisdiction would still have to conduct a vote to raise a tax rate, but the Constitution does not give the legislature the authority to make the change in tax policy that SB 128 makes without a vote of the people as well.
2. Friday the 11th marked Colorado's annual Home School Day at the Capitol. House Joint Resolution 1022, which I sponsored in the House and which Senator Mitchell sponsored in the Senate not only recognizes the tremendous contributions of homeschool families to their children's education and the state's well being, but it also reaffirms that in the state of Colorado no teaching license will be required for homeschool parents. This is a significant point this year, as a California state court recently ruled that parents do need to be certified to teach at home in California. The California Supreme Court later vacated that ruling, but to reassure Colorado families it was important that the Colorado legislature reaffirm their support for home schooling as it exists today. HJR 1022 passed both the House and Senate on Friday.
3. This week HB 1318 went through the Appropriations committee and through second reading on the House floor. This is my bill to create a fund for the Colorado Forest Service to help deal with the bark beetle. I trust this bill will pass third reading soon and then on to the Senate.
4. This coming Friday, April 18, the Republican Study Committee of Colorado will conduct a hearing on the Second Amendment. We are looking into the possible impacts the U. S. Supreme Court will have on Colorado law when they rule on the District of Columbia hand gun laws. For more information go to: www.rscc.us.
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April 6, 2008
Topics:1. Colorado's Funeral Industry May Become the Most Regulated in the Nation
2. 500% Real Estate Fee Hike Killed in Finance Committee
3. Most Expensive Budget in Colorado History Passed Senate With Party-line Vote
4. Private Higher Ed Facing Significant Increase in Regulation
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1. In the latest example of unnecessary and expensive government, the House passed HB 1125, making Colorado's funeral industry, currently the least regulated, the most regulated in the nation. This legislation will make it increasingly difficult and expensive to operate a funeral home in Colorado. This regulation will increase the costs of funerals for all Coloradans, placing an even greater financial burdens on families that are in the midst of an already difficult time. Finally, this bill makes it very hard for many rural funeral directors to stay in business, potentially leaving many rural areas dependent on city funeral homes far away from their friends and families.
2. This week we had a victory in defeating HB 1340 in the Finance committee. This bill would have increased the residential Real Estate Document Fee by 500% in Colorado, harming an already damaged industry. The bill would have created an affordable housing fund, but it drove the cost of housing that much higher to pay for the fund.
3. This week the Long Bill passed out of the Senate on a near party-line vote - just like the vote in the House (the only Republican voting for the bill was a member of the Budget Committee.) Early in the process the Senate Republicans continued with my call for a small rainy day fund for the state, and at first they got the Democrats to agree! However, the Governor then stepped in and convinced the Democrats to remove it from the budget. So the final score is that this year we will spend over $19 Billion of Colorado taxpayer's money and not save one cent for the revenue shortfalls we are sure to see before our economy pulls out of this present economic slump.
4. This coming week SB 167 is expected to be heard in the House. This bill puts tight regulatory control on private higher education, including a requirement that religious institutions be authorized by the state in order to do business in Colorado. I will be trying to amend the worst parts out of the bill, but I expect it to be an uphill battle.
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March 29, 2008
Topics:1. My E-Verify Bill
2. Sunday Liquor Sales
3. Global Warming and Higher Electricity Costs
4. The Long Bill
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1. My bill providing employers with information concerning the Federal E-Verify system (SB 139), passed third reading in the House. It now goes back to the Senate for consideration of House amendments.
2. SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I voted against this bill 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.
3. 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.
4. The annual budget bill, called the "long bill" will be considered in the House this coming week. I will be trying to put some extra restraint on our spending. In light of the current economic downturns we are seeing nationally, I believe our state should start to prepare for the inevitable and reduce our spending immediately.
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March 23, 2008
Topics:1. My E-Verify Bill
2. Sunday Liquor Sales
3. Global Warming and Higher Electricity Costs
4. The Long Bill
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1. My bill providing employers with information concerning the Federal E-Verify system (SB 139), passed third reading in the House. It now goes back to the Senate for consideration of House amendments.
2. SB 82 passed third reading, 42-20. This is the Sunday sales of liquor bill. I voted against this bill 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.
3. 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.
4. The annual budget bill, called the "long bill" will be considered in the House this coming week. I will be trying to put some extra restraint on our spending. In light of the current economic downturns we are seeing nationally, I believe our state should start to prepare for the inevitable and reduce our spending immediately.
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March 16, 2008
Topics:1. My Bills
2. Seasonal Workers for Colorado Farms
3. Pastor's Day at the Capitol
4. Election Update
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1. My bill, the "Notify Employers of the E-verify Program", SB 139, is still waiting for the second reading in the House. I am told it should be considered next Monday.
HB 1318, concerning the bark beetle infestation, 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. Since another bill, which has already passed through the House, also creates the sales tax exemption, I am hopeful we will see both of the original components of my bill eventually become law. HB 1318 is now heading back to Appropriations for a fourth committee hearing.
2. On Thursday, March 13, in State Affairs committee HB 1325 was given a public hearing. Thus bill would create a pilot program for the state of Colorado to help farmers recruit legal seasonal foreign workers. The opposition came from the extreme immigrant rights advocates who also condemned the current 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 am hopeful that we can find legal means to address our agricultural labor needs, but any form of amnesty is definitely the wrong direction. At this time I am supporting HB 1325.
3. The Pastors Day at the Capitol, featuring David Barton of Wallbuilders Ministry, was a very effective event. About 150 people came to this all day conference last Friday. Those who attended were inspired to be more effective leaders in the public square. I hope this becomes an annual event.
4. The campaign season has kicked in early this year. During this past week the Larimer county Republican party held a very successful Lincoln Day dinner and were a part of the popular St. Patrick's Day parade in Fort Collins.
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March 10, 2008
Topics:1. My E-verify Bill Passes House State Affairs
2. Compost and Abortion Rights
3. Registration for the Pastors Conference is Tuesday
4. Election Update
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1. Notify Employers of the E-verify Program, SB 139, passed the House State Affairs committee last Thursday, March 6. This bill, of which I am the House sponsor, will require the Department of Labor to notify employers of the Federal E-verify system. This system enables employers to instantly check the legal status of newly hired employees. The notice will be included in an e-mail newsletter the department already sends out to businesses across the state. SB 139 will now be heard by the House for second reading.
2. There were two measures that passed the House this past week that I opposed and argued against.
HB 1231 further regulated the fertilizer industry. Now we can have an official, state definition and control of what compost is. You would think we might run out of things to regulate...
On Friday, March 7, HJR 1009 was passed by the House. 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 publicly acknowledged. The problem, however, is that the treaty also calls for full access to "reproductive rights," which are code words for abortion rights. Despite the sponsors claim that this had nothing to do with abortion, I quoted the U.N.'s own description of the treaty. The United Nations website says: ...the Convention also devotes major attention to a most vital concern of women, namely their reproductive rights.
The resolution passed with all Democrats supporting and all but three Republicans opposing the resolution.
3. The Pastors Conference at the capitol, featuring David Barton of Wallbuilders Ministry, is Friday, March 14. This all day conference is free, but registration is required. The deadline for registering is Tuesday, March 11. If you are a pastor please consider attending. If not, pass this on to your church's leadership. For more information or to register go to: http://www.cofamily.org/pastorevent08.php.
4. This past week I was opposed, unopposed and then opposed again. My first Democrat opponent dropped out of the race earlier this week, but on Saturday the Democrats nominated another person to run against me next fall. It is interesting to note that both of these people are political science instructors at CSU.
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March 2, 2008
Topics:1. Two of My Bills Move Forward
2. 42 Bills Pass the House on Wednesday
3. My Nomination to Seek a Fourth Term
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1. Two of my bills, SB 68 and HB 1318 moved forward in the House this past week. SB 68 deals with telemedicine for Medicaid mental health services. The bill passed the House unamended and now moves on to the governors desk. HB 1318 creates a fund for mitigating the bark beetle infestation in state forests and it creates a sales tax exemption for bark beetle wood products. This bill was heard in the Appropriations committee, who forwarded the bill on to the Finance committee.
2. On Wednesday, February 27, 42 bills were voted on by the House and all passed, including HB 1107, which will require REAs and municipal utilities to set aside 2% of their revenues for funding 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 with a bare majority of 33-32 votes. In addition, the following bills were passed:
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.
Whereas most of the 42 bills voted on I did find reasons to support, I did not vote for any of the specific bills I have listed above which increases fees (taxes) and regulations for the people of Colorado.
3. On Saturday, March 1, I was unanimously nominated by the District 49 Republican Assembly to stand for reelection. It has been a great honor to represent the people of this district for the past six years and I look forward to the opportunity of asking the people if I can serve the final term I am allowed by the constitution. As with all of the campaigns I have conducted, I commit to run a positive campaign that focuses on issues, not personalities.
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February 24, 2008
Topics:1. Two of My Bills Are Approved in Committee
2. Comprehensive Tax Reform Bill Killed
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1. Two bills I am sponsoring were approved by the committees they were assigned to.
The first bill was HB 1318, presented to The House Agriculture committee on Tuesday, February 19, This bill will create a state sales tax exemption for lumber and lumber products that come from trees killed by the bark beetle infestation and it will create a fund for the state forest service to help deal with the bark beetle problem on state lands.
The second bill is SB 68, which clarifies in statute that Medicaid will allow telemedicine services for mental health treatment. This bill is designed to enable more cost efficient mental health services for the rural parts of our state. This bill passed the Health and Human Services Committee on Thursday, February 21.
2. A public hearing was held for HB 1245 in the House Finance committee on Wednesday, February 20. This bill was a comprehensive tax reform package that would have lowered the income tax rate from 4.63% to 4.60%, over a several year period would have reduced car registration fees to $10-30, it would have phased out many telephone and cable taxes and fees, removed a variety of vehicle fees that are really taxes, and ended the illegal property tax increase 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 was estimated to be about $20 million. The tax and fee reduction would have been several hundred million dollars.
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, and is far too focused on sustaining the ever growing government system. The sponsor of HB 1245 was Rep. Bruce.
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February 16, 2008
Topics:1. Bill to Increase Assessor's Authority to Audit Personal Business Property
2. Compensation for Unjust Imprisonment
3. Fee Increase Day in the House
4. Pastor's Day at the Capitol
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1. Far too often I have to report on the wrong direction this current legislature is taking. On Thursday, February 13, the right direction occurred with one bill in the Finance committee. HB 1258 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 an extensive hearing two Democrats were persuaded to oppose the bill and it was defeated.
2. For the last few weeks I have been working on a late bill for which I hope to get permission to run (late bills require approval from the House leadership.) The bill would provide a way to compensate someone who was unjustly imprisoned for a crime they did not commit, like in the Tim Masters case. Several states do have such laws in place. In my opinion there is no excuse for Colorado turning a blind eye to this injustice. It was reported in the Fort Collins paper that Senator Bacon is working on the same issue. When I learned of his interest, I went to him to see is we could work together and at this time I am hopeful that we will be able to bring some legislation forward. The big hurdle is finding the funds needed for this bill.
3. February 12 was the fee increase day. HB 1054 increases fees for wholesale food facilities. HB 1100 increases fees on birth certificates to pay for a new program (the fee is not in any way 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.
All of these fee increase bills sailed through the House.
4. David Barton of Wallbuilders Ministry, Pastor Rick Scarborough of Vision America and Joe Infranco of Alliance Defense Fund are the speakers scheduled for a special Pastor's Day at the Capitol on Friday, March 14. This all day event is free, but registration is required. It is open to all pastors and church leaders to attend. Pastor's Day at the Capitol, sponsored by Colorado Family Institute, was initiated by myself and four other Colorado legislators who attended David Barton's national conference for state legislators last October. If you are a pastor, or involved in church leadership, please consider attending. If not, pass this on to your church's leadership. For more information o to register go to: http://www.cofamily.org/pastorevent08.php.
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February 10, 2008
Topics:1. Medicaid Reform Bill Killed in Committee
2. Immigration Reform Bills Killed in Committee
3. Senate State Affairs to Consider Pro-life and Religious Liberty Bills
4. Pastor's Day at the Capitol
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1. 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 defeated on a party-line vote.
2. 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, 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. This 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.
3. Two bills of which I am the House sponsor will be heard in the Senate State Affairs committee on Monday, Feb. 11.
SB 95 is the Abortion Informed Consent and Ultrasound bill. Prior to performing an abortion, a physician would be required to inform the mother of her right to have an ultrasound prior to the abortion. She would be required to affirm in writing that she received this information which includes a list of places where this ultrasound could be performed at no cost. This bill also requires a waiting period after the woman receives the information before the abortion can be performed. It allows for a medical emergency exception.
SB 112 is the Preservation Of The Exercise Of Religion bill. This bill is similar to laws that have been enacted in fifteen other states. It restricts a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that the application of the burden to the person is both essential to furthering a compelling governmental interest and is the least restrictive means of doing so.
4. David Barton of Wallbuilders Ministry, Pastor Rick Scarborough of Vision America and Joe Infranco of Alliance Defense Fund are the speakers scheduled for a special Pastor's Day at the Capitol on Friday, March 14. This all day event is free, but registration is required. It is open to all pastors and church leaders to attend. This event, sponsored by Colorado Family Institute, was initiated by myself and four other legislators who attended David Barton's national conference for state legislators last October. If you are a pastor, or involved in church leadership, consider attending. If not, pass this on to your churh's leadership. To register go to: http://www.cofamily.org/pastorevent08.php.
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February 2, 2008
Topics:1. Motorized Ban on Public Lands in Colorado
2. My Bills in Committee
3. Resignation in the House
4. Caucuses on Feb. 5
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1. On Wednesday HB 1069 passed the House. It reverses Colorados policy on back country travel by banning motorized vehicles on all public lands, trails or roads that do not have signs that specifically allow those vehicles. The bill also adds strict enforcement procedures. Through HB 1069 all motorcycles, snowmobiles, ATVs and 4-wheel vehicles are banned from all public lands unless signs are posted which allow a vehicle on any particular road or trail. The only exceptions are for government use or with a government issued permit. The bill's passage was virtually a party-line vote
2. My bills eliminating Larimer, Weld and El Paso counties from the diesel emission program area (HB 1133) and esstablishing a $1000 property tax credit for students who move from a publicly funded school to a privately funded school (HB 1081) were both killed in committee hearings this week. The only votes supporting the bills were cast by Republicans.
3. The assistant majority leader, Rep. Michael Garcia resigned his seat on Friday. Thursday afternoon a report was circulating of inappropriate behavior in front of a female lobbyist a few weeks ago. By Friday morning he had submitted his resignation.
Mike Garcia was a fair and hard working member of the House. It is unfortunate that his career in the House should end in such a tragic way.
4. Next Tuesday, February 5, is caucus night for Colorado. Please go to your local precinct caucus. If you are in my house district (District 49) I would appreciate your support in any way you can. I do not know of any other Republican candidates running for this office, but the general election already seems to be in high gear. Just this past week my Democrat opponents supporters sent out a flurry of letters to local papers.
I find it dissapointing that these letters are strong attack pieces. As with all of the campaigns I have conducted, I will take the highest road I can. I request that anyone who chooses to support me in their private conversations or letters to the editor refrain from negative attacks on my opponent. For the District 49 race I want to see a respectful debate of the issues facing the people of District 49.
* To find the caucus locations in Larimer county go to: http://www.co.larimer.co.us/elections/caucus.htm
* If you need to find your precinct number in Larimer county, please visit the Larimer County Website http://www.co.larimer.co.us/elections/voter_inquiry.cfm
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January 25,2008
Topics:1. Educational Tax credits
2. Diesel Emissions Testing
3. Censure in the House
4. 2008 voting system
5. Caucuses on Feb. 5
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1. The educational tax credit bill I am carrying (HB 1081) will be heard in the Finance committee on Wednesday, January 30. It creates a $1000 property tax credit for families whose children move from a public to a privately funded education system, creates a tax credit for contributions to educational scholarship organizations and sets up a fund that will eventually provide property tax credits for families whose children are already in a privately funded educational system.
2. HB 1133 will be heard in the Transportation committee on Tuesday, January 29. This bill which I am carrying will modify the area for the diesel emission testing program. It removes Larimer, Weld and El Paso counties. Gas emissions testing has already been eliminated for these counties, but diesel vehicles are covered in a different part of the statutes and must be dealt with separately. Since only a fraction of a percent of the vehicles tested ever fail the test, the annual tests are very expensive ($80 in Loveland!) and federal law does not require the testing, it only makes sense to get rid of this nuisance regulation and the consequent $10 annual registration fee charged to all diesel vehicle owners.
3. On Thursday, January 24, the House voted to censure Representative Douglas Bruce by a vote of 62 for and one against. I was the dissenting vote.
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 in the House, 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 the resolution censuring Representative Bruce.
4. This past week the House passed HB 1155, which will help to untangle the issue of certifying voting equipment for the 2008 election. Due to several factors many of the voting machines in the state have been decertified, thus jeopardizing the 2008 election. Many county clerks are calling for an all mail ballot election to deal with the problem. I have several concerns an all mail ballot election, including the wholesale mailing of ballots to the last known address of all active voters, of which thousands of those ballots could possible not end up in the hands of the intended voter. An all mail ballot election also eliminates election day, and early voting options.
I am pleased to report that here at the capitol the governor and most of the legislature are also not in favor an all mail ballot system for 2008.
We will have more legislation on this critical issue and I assure you that I will continue to fight for elections that include early and election day voting with paper ballots that we can all have confidence in.
5. Don't forget, caucuses are early this year, on Tuesday, February 5th.
* To find the caucus locations in Larimer county go to: http://www.co.larimer.co.us/elections/caucus.htm
* If you need to find your precinct number in Larimer county, please visit the Larimer County Website: http://www.co.larimer.co.us/elections/voter_inquiry.cfm
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January 20, 2008
Topics:1. A Slow Start
2. My Bills
3. Representative Bruce
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1. This years legislative session has gotten off to a slower start than last year. The hot issues are not coming up very quickly. Last year our first Second Reading floor action contained the big union bill and we ended the year with the second largest tax increase in the states history (without a vote from the people.) This year the most controversial bill so far has been a technical change concerning lawsuit settlement costs.
The governors opening speech was also significantly scaled back from the aggressive agenda he put forward last year. I suspect the majority party is not quite as anxious to push their agenda very hard in this election year.
I am certain, however, that there is still much to come and I will report on those issues in the coming weeks.
2. The bills I have introduced are:
HB 1081, establishing an educational property tax credit system for non-public education,
HB 1133, eliminating annual diesel emission testing requirements for Larimer, Weld and El Paso counties,
HB 1124, creating an optional Medicaid program for older Coloradans.
Two Senate bills I am the prime House sponsor of are:
SB 068, concerning telemedicine Medicaid for mental health,
SB 083 concerning the verification of the work eligibility status of new employees.
3. One focal point of these first few days has been the arrival of our newest member, Douglas Bruce. Much has been made of the incident that occurred during opening prayer and I will not add more to that discussion here. I will pay more attention to his substantive contributions to this years legislative process.
Rep. Bruce has, in a respectful manner, challenged the way safety clauses are used on the majority of bills run in the legislature. He is running amendments to remove the safety clause from any bill that does not meet the constitutional requirements for safety clauses. It has already caused much debate on what it means to uphold the state constitution, rather than find ways to work around it, as all three branches of our government are far too prone to do.
He is also seen by most as the preeminent authority on the TABOR amendment. This is the year many are going to try to put in place a means to strip TABOR from our constitution. I am confident Representative Bruce will be an invaluable watchdog over that process.
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