So much that happens at the legislature happens in very small steps, but each step leads in a clear direction. Far too often that direction is for more government control of private businesses, individual citizens and families.

2009 Freedom Watch is my journal of those many steps that are taken in the committees which I serve on and the actions on the House floor.

It is a compilation of the good bills and the bad bills. Unfortunately, the good bills promoting healthy families, freedom and personal responsibility are rare and will seldom be found in a list of bills passed by the Colorado legislature in 2009.

Bills that take steps in the right direction, or bad bills that are defeated will be listed in bold typeface.

Here is my running commentary on the 2009 session, with the latest entry at the top of the page:

October

This addendum to the 2009 session is included because of an interim committee I am a part of. It is the "Health Care Task Force."

On October 19 the task force met to vote on several bills to be recommended to the next legislative session.

Many of these bills would increase costs for Colorado citizens and further regulate the medical industry, thus putting a system that is broken into further disrepair.

One bill I put my name on as a co-sponsor will further encourage the use of telemedicine with Medicaid patients. This is similar to a bill I successfully ran a couple of years ago with Senator Brophy.

Among the bills we considered which I disagree with is one mandating maternity coverage for all individual medical insurance plans (mandates always drive costs higher), and a resolution calling on Congress to establish a single-payer medical insurance system. Fortunately the single-payer resolution failed to move forward.

I opposed the resolution on the grounds that it will force all Colorado citizens into a medical insurance system that will inevitably find efficiencies through rationing, or explode the budget, or both. In addition, Congress does not have the Constitutional authority to impose this mandate on the citizens of our nation and Colorado should not encourage the Federal government to further erode the constitutional authority and rights of the states and the people.


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May

May 6 - On this final day of the session HB 1366 (discussed in the May 5 entries) passed, again, on a party-line vote.

The death penalty bill (HB 1274) came back to the Senate in the afternoon, which we debated for the rest of the afternoon. The House had put the death penalty ban back into the bill. By a 17-18 vote (all Republicans and four Democrats opposing) the bill died.

The session finally ended this evening. Left on the calendar to die were several Senate Memorials, which are similar to resolutions in that they are simply statements the Senate makes (and the House if it is a joint memorial). Among them was a memorial that I submitted calling on Congress to end the practice of earmarking (SJM09 006). All of the memorials were submitted by Republicans. It is unfortunate that in the final moments of this year's session were were once again shutdown with out even the opportunity for debate. However, after pushing the issue among the leadership I was recognized and allowed to move my memorial and it was passed as the final measure to be adopted by the Senate in this session.

May 5 - In third reading HB 1341 passed, continuing the licensing of psychiatric technicians. In previous years the Department of Regulatory Agencies recommended that this profession not be licensed. I argued that the national association for this profession has a robust certification system and that we should allow that system manage the profession in Colorado just like over 45 other states. Despite our arguments on the Republican side of the isle, HB 1341 passed.

On third reading HB 1343 passed, creating another commission, this one concerning early childhood and school readiness. HB 1246 also passed, creating another fee, this one for evaluating driving schools attended as the result of a court order because of a traffic violation.

HB 1366 is an incredibly bad bill up for second reading today. The bill removes a capitol gain tax exemption that, according to the fiscal note, will mean a $7,000,000 tax increase the first year and over $17,000,000 the next year and even more in following years.

The rationale is that thirteen years ago a similar tax exemption was ruled unconstitutional by the Supreme Court for a similar policy that was in North Carolina. Therefore it may follow that Colorado should re-evaluate our policy, but the only path the Colorado Constitution (Article X, Section 20) allows for such a tax increase is through a vote of the people.

An amendment was added to exempt smaller capitol gains increases from the bill, which rendered the resulting policy this bill will create as potentially unconstitutional policy as the original policy.

So, to cure a constitutional problem we have a bill that uses an unconstitutional method to create a policy as unconstitutional as the original policy. The only thing it really does is tax the people of Colorado another $17,000,000.

After much discussion and another trip to the Appropriations Committee, HB 1366 passed on a party-line vote.

SB 259 came back for final consideration. This is the School Finance Act. We, (Republicans), earnestly argued for some fiscal prudence, because the bill spends more money than we can afford. It will jeopardize the stability of the State Education Fund and we may not even be able to pay our bills in the next fiscal year. The bill passed on a party-line vote.

HJR 1021 passed the Senate, concerning the support of telecommuting, which is fine. Unfortunately it included the words: "reducing carbon emissions that lead to global warming." The sponsor insisted that this language stay in the resolution. I went down and explained that I see no evidence to prove that carbon dioxide is creating global warming. Indeed, the evidence does not even show that global warming has been occurring in the last couple of years, when the percentage of carbon dioxide has been the highest in modern history.

May 4 - HB 1342 passed third reading, virtually party-line (except Sen. White). This bill eliminates the sales tax exemption for cigarettes. This may at first look like a fair policy toward these retail sales, but it is a new tax increase (in violation of TABOR without a vote of the people) and cigarettes are already heavily taxed at several levels.

The Senate passed Senate Resolution 015, creating the Colorado Senate Retention Initiative. Through the initiative individual senators are to contact the biggest businesses in their district, track their needs and ideas for business friendly policies and turn over that information to the Senate Majority Leader each year.

This is one more layer of bureaucracy for a general responsibility that we already have as senators for our respective districts, that chambers of commerce already work hard at and a primary responsibility of the Senate as a whole. If we are currently not creating legislation that is good for business, it is because we are not listening, not because we don't have the information before us.

SR 015 is the typical big government answer. We already know that personal business property tax, the Gallagher Amendment, and intrusive fees and regulations drive up the cost of doing business in Colorado. The best use of our time is to fix these problems, not to study the issues to death with even more reports.

Abolishing the death penalty was considered in second reading in the Senate (HB 1274). I argued against the bill, defending the death penalty on the grounds of its practical deterrence and the principle found in scripture. At the mic I quoted Genesis 6:9, which is the first mention in scripture of any civil government authority. It is, quite simply, the establishment of the death penalty. This is not vengeance, it is God given justice, as the final clause states: "because God made man in His image."

One amendment we tried to run would have sent the question to the people for a vote. That was rejected on party lines. A final amendment actually removed the death penalty ban from the bill, just leaving more funding for "cold case" murder investigations. We were able to muster enough votes and the amendment passed!

What was then left of the bill passed on a voice vote.

The cell phone ban (HB 1094) passed second reading, but only after it was amended to a secondary offense. That means you could not be pulled over for talking on your phone, but you could be cited if pulled over for another offense.

SB 296, concerning seat belt enforcement, was killed in the House Appropriations committee.


May 1 - In third reading the following bills were adopted:

HB 1267, re-establishing a Blaine amendment style policy that prohibits Colorado students from receiving any state scholarships if they choose to study for a career in the "clergy."

HB 1330, increasing the fees for feed lots.

HB 1320, increasing the fees for dairy operations. Increasing certain fees from $3 to $50 and other fees from $10 to $1600.

HB 1202, registering funeral homes and authorizing unspecified fees.

HB 1326, putting tighter restrictions on citizen's petition rights.

A resolution was passed that created a commission to study long-term solutions to our fiscal constraints on the state constitution. When we submitted an amendment to create party parity on the commission, it was rejected. Unless both parties have the ability to veto any policy recommended it will not find what common ground we may be able to find. This commission will end up recommending the views of the left. I am sure it will promote views like: get rid of TABOR, increase taxes, and grow more government.












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April

April 30 - In third reading SB 289 passed on a party line-vote. It is the next tax increase on tires. As it stands today, when an old tire is disposed of through a retailer tire dealer there is a $1.50 fee assessed. With this bill the "fee" is tacked onto the new tire, regardless of whether an old tire is disposed of, thus it is a tax, not a fee.

Next up on the third reading calendar was SB 296, making the seat belt law a primary offense, thus a driver can be pulled over and ticketed just for not waring a seatbelt. At the mic I called it extortion and more nanny government. The bill passed party-line with the exception of Sen. Carroll (D) who spoke passionately and effectively against the bill and then voted against the bill.

In second reading in the Senate HB 1267 passed (party-line), removing the language "pervasively sectarian" from Colorado statues, which the Federal courts declared unconstitutional, which is good. This was language which allowed the state to determine which private colleges were too religious for their students to receive state scholarship funds.

However, the bill then slaps on another standard which creates a new standard for what private education is too religious. I attempted to remove the new standard that prohibits scholarships if the student is working toward a "clergy" career. The amendment failed by a narrow margin.

HB 1204 also passed second reading, creating more mandates for medical insurance policies in Colorado. This is a list of eight preventative services, such as immunizations, cancer screening and alcohol misuse counseling. It will drive up policy costs, again.

HB 1266 passed, repealing the loss of driving privileges as a penalty for certain crimes.

HB 1202 starts the funeral industry down the regulation road. It passed second reading.

One of the big bills on this second reading calendar is HB 1326. It makes citizen petitions for ballot initiatives much more difficult. It passed.

SB 219 came back from the House and it was amended to authorize dropping the reserve to 0%! That is the very edge of bankruptcy and we will probably be in the red the very next day when the monthly payroll checks are cut (July 1). When I confronted the JBC about this problem they had no answer. My final words at the mic: "I am totally baffled." SB 219 passed, again.

SB 3 came back from the House with an accelerated implementation schedule. The gas powered vehicles in most of Larimer (including Estes Park) and Weld counties will be forced into the emissions testing program and the classic car license plates will be restricted to 1975 or earlier vehicles only. It passed an a party-line vote.

April 29 - In third reading HB 1119 passed, creates the Rural Youth and Substance Abuse Prevention and Treatment Program and funds it with new sur-charges on DUI related convictions.

SB 289 passed second reading, levying a $1.50 "fee" (but it acts like a tax) on every new tire sold. It is used for waste tire disposal (the fee currently is imposed on the waste tire when it is disposed of).

SB 296 passed second reading, making failure to use seat belts a primary offense, allowing a person to be stopped just on the suspicion of not having a seat belt on.

April 28 - In third reading several bills passed (none failed):

HB 1026 regulates the sale and operation of "low-power self-propelled vehicles." Dealers must be licensed, seed limits are set in place, insurance is required, etc...

By a party-line vote HB 1170 will require unemployment benefits for workers in a labor lockout during a labor dispute with the employer.

HB 1015 will allow primary elections to be cancelled when there are no contested races and allow clerks to conduct primary elections by mail only.

HB 1244 deregulates intrastate trucking. It is refreshing to see at least one regulation going away.

SB 291 passed third reading by a strict party-line vote. See yesterday's discussion for the details on this very bad bill.

SB 294 makes up for the motor carrier deregulation bill by further regulating the taxicab industry.

SB 50 is a simple bill allowing members of the Gaming Commission to have a member who lives in the county where gaming occurs, by Sen. Scheffel that passed the Senate unanimously. Then the governor vetoed the bill and a veto override failed on essentially a party-line (three Democrat supported the override).

April 27 - In third reading SB 85 was up for a vote, but the majority leader moved to push it back to appropriations committee because of an interim committee cost of about $30k. The sponsor, Sen Scheffel, had an amendment to remove the cost, but the Senate, by a virtual party-line vote (Sen. White was the only exception) sent the bill to Appropriations, probably killing this bill that would have eventually phased out most business personal property taxes.

SB 244 passed third reading, driving up the cost of private medical insurance, again.

SB 241 passed third reading, allowing DNA be taken when someone is arrested, rather than the current practice, when someone is convicted. A procedure is provided for destroying the DNA sample, but only after the citizen is adjudicated innocent and satisfies a considerable application process. This is not a defense of our Fourth amendment right to be secure in our person, it is a violation of our constitutional rights.

In second reading HB 1015 passed, allowing county clerks to cancel uncontested primary elections and conduct all primaries as mail ballot only elections.

In second reading SB 291 was considered. This bill strips away the ability of local districts to re-TABOR their property tax levels (re-instate the local district revenue limits). The property tax increase the legislature forced on the districts (which the Colorado Supreme Court upheld this year) who had previously de-TABORed, will not be allowed to vote on changing that decision. Senator Mitchell called this a "double-cross" of the voters. I agree.

7:30 P.M. - Senator Mitchell has been at the mic. for well over an hour, proclaiming the wrongs of SB 291. His concern with the bill has prompted a one man filibuster. It underscores the significance of this double-cross of the people and local districts in Colorado.

8:30 P.M. - Senator Mitchell's logic continues to drill deeper into the deficiencies of SB 291, and so does his filibuster.

9:10 P.M. - Sen. Mitchell ended his filibuster. I commend his tenacity and eloquence. For nearly three hours he explained in detail how this bill is a violation of the letter and the spirit of the Tax Payer's Bill of Rights (Article X, Section 20 in the Colorado Constitution) and how the Colorado Supreme Court's decision to uphold SB07-199, the Legislature's property tax increase (that really started this discussion) was wrong.

SB 291 passed second reading in a voice vote that sounded like it was party-line. We will know for sure after the third reading vote.

April 24 - In third reading, with most Republicans voting no, SB 250 passed. The bill essentially requires medical insurance to provide oral chemotherapy, as opposed to IV administration of the drug. The problem is the oral drugs are extremely expensive.

This bill, according to the fiscal report, will increase medical insurance monthly premiums by a huge amount. The one insurance company that gave specific numbers, the San Luis Valley HMO, said it will increase monthly rates for families $171.51! That is an additional annual cost of over $2000.

Right after the passage of SB 250, the first bill in second reading was SB 244, requiring insurance companies to provide full coverage for autism. this will add another $40.45 to monthly payments to family coverage for San Luis Valley HMO, or $481.80.

I offered an amendment that would suspend the law until the Commissioner of Insurance determines that it will not increase the number of uninsured in Colorado (by increasing the rates). By essentially a party-line vote the amendment was rejected. And then the bill's sponsor (Sen. Shaffer), in his final comments, insisted that there is no connection between mandates and premium costs (go figure). Then, in a committee of the whole amendment (COW), when the same requirements for autism coverage was applied to Medicaid recipients, the sponsor opposed it on the grounds that it would be too expensive to implement. Therefore it is too expensive for government coverage, but will not have any impact on private insurance rates.

Along party lines SB 244 passed second reading.

After extensive debate SB 241 was approved in second reading. I had supported the bill in committee (March 11) with this caveat I published on Freedom Watch: "I am supporting the bill on the commitment of the sponsor to make the expungement process more available to those who are not adjudicated guilty of a felony." Unfortunately the amendments offered by the sponsor were not sufficient to protect the rights of citizens and I therefore opposed SB 241, which requires the collection of DNA from adults arrested for a felony, but not yet convicted of any crime.

April 23 - In third reading HB 1036 passed. It is the third fee increase for vehicle registrations this year.

April 22 - In HHS HB 1111 passed on a party-line. It creates a new fee on foreign medical students of $1000 each. The bill's intention, to increase the availability of doctors in Colorado is laudable, but this is one more program, that overlays a current program (The Colorado Commission for Family Medicine) and will drive additional costs for years to come.

On second reading HB 1036 once again raises the fees on vehicles. This one is not as big as the others: it adds 35 cents for the P.O.S.T. (Police Officers Standards and Training board. Yet it will result in another $1.5 million tax on the people of Colorado.

In the Senate the final vote on the budget was held today, at 7:10 PM. After much debate and an attempt on the Republican's part to move it back into a conference committee (for a little fiscal restraint), the largest budget in Colorado's history passed on a party-line vote (except for the Republican member of the JBC, who supported the bill).

April 20 - In second reading in the Senate SB 85 passed, after hours of discussion. This bill puts in place a 40 year phase out of the personal business property tax. It now goes to the House...

In State Affairs my Concurrent Resolution (SCR 001) to ask the voters to establish a constitutionally protected rainy day fund was rejected on a party-line vote. I have been promoting this idea for seven years now, and I will not stop. Our state needs a long-term savings account for tough times, like we are seeing right now. SCR 001 would not have cost anything right now, but it would have helped us prepare for the next economic down turn.

April 16 - On third reading SB 235 passed, adjusting the fee schedule for wildlife habitat stamps, including increasing the fee required with fishing licenses from $5 to $10.

On third reading SB 180 passed on a strict party-line vote. This will allow police and firefighters to unionize, thus driving up costs for these essential government services.

In HHS one more program was created (HB 1022), to provide funds for recidivism reduction programs. The bill assumes somebody will give us $600,000 which we will then (after about $40,000 in overhead costs) turn over to county governments. Why must the state be the middleman? Maybe to fund the program after the initial grant is exhausted? Could it be because only the government is capable of administering such a program? (I think not).

HB 1204 also passed HHS, creating more mandates for medical insurance policies in Colorado. This is a list of eight preventative services, such as immunizations, cancer screening and alcohol misuse counseling. It will drive up policy costs, again.

April 15 - Today is tax day, Tea Party day and the Long Bill may be heard in the House.

I introduced a rainy day fund resolution to put the question to the voters in the next election. I had enough votes in the Finance Committee, but instead the Senate President assigned it to State Affairs, possibly dooming the measure to a committee known as a "killing committee". This is a deep disappointment. This should not be a partisan issue, it is a matter of prudent fiscal planning. I will still do all I can to promote the measure, and hope others support it as well.

In Health and Human Services committee HB 1198 passed, creating a new program. This one is to help develop better policies for nursing homes. It is also spending $200,000 from a cash fund built up by nursing home fines. I voted no. With a $300m budget shortfall I cannot justify one more program, especially when its purpose, though laudable, is a duplication of what good nursing home management is already doing.

In HHS HB 1282 creates a task force that will ban "electronic devices" in landfills. HB 1119 creates a new program for rural youth alcohol and substance abuse, funded by a new surcharge on DUI and related charges. Both passed on a party-line vote.

While we create more programs, well over 5,000 people are outside demanding we cut the size of the government, not grow it more (the Tea Party).

April 14 - On second reading two significant bills were considered in the Senate. Both passed. The first (SB 180) gives unions the authority to organize the firehouse and the police station. Fire chiefs and police chiefs associations opposed it, special districts opposed it, cities opposed it, and when the people of Fort Collins had it on the ballot it was soundly defeated. The bill's proponents claim the bill will not allow strikes to occur, but they opposed an amendment that penalized striking, and the amendment was defeated.

The other bill gives a little more flexibility to gun sales by allowing concealed carry permit holders to skip the background check when they are buying firearms. The logic is that they already passed a background check, and have been trained in gun safety. An amendment that would have poisoned the bill by making the statewide CCW database mandatory passed in second reading by one vote and then was defeated by a committee of the whole report amendment by one vote.

April 13 - What a day this has been. In Senate third reading an incredible number of bills have been considered that will drastically alter public policy.

SB 223 increased restaurant license fees, most nearly doubled, one went up from $154 to $1250! Pretty much along party-lines, SB 223 passed.

Two small, bright spots did show up on the third reading calendar. SB 121 allows restaurant employees to have a meal, without imposing a sales, use or income tax liability on the employee or the business. SB 89 expands charter school's ability to obtain capitol construction grants. Both bills passed third reading.

The main events were senate bills 281, 273, 259, 277, 276, and 279. These are all big ticket budget bills.

The first up was SB 281, the takeover of Pinnacol Assurance. After much debate, including my assertion that it is a classic socialist takeover by the state. SB 281 passed with three Democrats voting no and one Republican voting yes. Then SB 273 passed, along the same lines, demanding Pinnacol turn over $500,000,000 to the state by September 1. At the mic I called it thievery.

We have the responsibility to balance the budget, (this year the Long Bill is called SB 259). This budget spends too much and does not make the cuts that are needed to truly balance the budget. It is $200,000,000 higher than last year. It is assuming we raid $247,000,000 from cash funds. It assumes we will cut the statutory reserve in half ($136,000,000). It eliminates the senior property tax exemption ($91,000,000), and the list goes on...

Pinnacol Assurance has assured us that their $500,000,000 is not coming without a court fight. If they don't pay up, this budget will not balance.

We (Republicans) tried to send the bill back to the Appropriations Committee to sort out the charge from the chairman of the Joint Budget Committee that we did not submit amendments that would have made up the $300,000,000 shortfall. The motion died on party lines. Then the Long Bill passed with all but two Republicans opposing it.


April 9 - This has been a slow week, in some ways, as we have been preparing for the budget debate in the Senate. On the Republican side we have been looking at every department, finding ways to close the $300 million gap in the budget.

The other party is putting in place a raid on the workman's compensation system, Pinnacol Assurance, of $500,000,000. This is money that was paid by 58,000 businesses and, according to current statute, is to exist for their benefit. The first bill to make this happen is SB 281. On essentially party-lines (except two Democrats voting no and Sen. White (R) voting yes) the first bill to raid Pinnacol passed second reading. It is now 5:15 PM. One bill down, 21 bills to go, including the Long Bill.

On a very different note, this morning I attended the funeral service for David Strand, a man who was my pastor thirty years ago. For several years he also served as a Senate chaplain. I took a moment of personal privilege to honor Pastor Strand's service to the Colorado Senate, including reading the following verses, which were listed on his funeral service program:

"I have fought the good fight. I have finished the race. I have kept the faith. Now there is in store for me the crown of righteousness, which the Lord, the righteous judge, will award to me on that day - and not only to me, but also to all who have longed for His appearing." II Timothy 4:7-8

Back to the bills at hand...

The second bill is SB 273, which demands that Pinnacol Assurance turns over $500,000,000 by September 1, 2009. This is the raw power of the state, socializing and stealing the assets of a mutual insurance system, funded by and currently held in trust for 58,000 Colorado businesses. SB 273 passed, essentially party-line, except for Sen. White (R-sort of).

Now for the Long Bill, the almost $20 billion budget for 2009-10. I have two amendments, one defunding the high security system at the capitol that forces citizens through metal detecters (saving $840,000) and one cutting the governor's budget by $81,000 (the cost of his over-priced Asian trade trip).

The first amendment I proposed in caucus was also put into a larger amendment of all the Republican budget cuts. Sen. Kopp carved my amendment out of his omnibus amendment and my defunding of the metal detectors passed the second reading!

The rest of the Republican amendments did not pass, including a very creative amendment that Senator King proposed that would have tried to carve out $180,000,000 of Federal stimulus money for balancing the budget and a 2.9% across the board cut of all departments, saving $219,246,358. The Long Bill then passed on a voice vote, essentially party-line.

Three bills down, 19 to go for the night. Here are a few brief observations on the final bills, all of which passed on essentially party-line votes:

SB 272 essentially sets up a system that will take $15,000,000 from Qwest.

SB 275 removes the vendor fees for sales tax collections, effectively raising taxes on retail stores.

SB 276 eliminates the senior property tax exemptions. We were able to amend it to only one year, but it still goes to zero for one year. Senator Renfroe and I ran an amendment to find other funding in the place of the senior property tax amendment. Our amendment failed, essentially party-line. Two votes were taken on committee of the whole votes on this bill, the first time it failed by one vote, so they did it again and it passed by one vote, with all Republicans opposing it except Sen. White.

SB 277 cuts the general fund reserve in half ($136,000,000).

SB 279 takes $247,000,000 from 25 cash funds. These are dollars that were raised from fees for specific, legitimate purposes. They will now be put into the general fund and spent on programs that the legislature does not have the courage to cut or trim in any way.

The Senate finally wrapped it up at 10:30 PM.

April 7 - Today the Senate spent most of the day waiting for the Appropriations Committee to work through several bills. They were supposed to be done at 9:00 AM, but went to about 2:30 PM. The big issue was what to do with the bills concerning Pinnacol Insurance, the workman's compensation company that the state is trying to take over and raid their assets for our budget shortfalls. The committee ultimately decided to move the bills forward. Socialists of the world should be proud.

We ended the day at 10:30 PM, and none to soon for the few remaining freedoms we enjoy.

April 6 - Today SB 170 was heard in second reading on the Senate floor. We debated for over four hours. I asked the question: "What do we not understand about the word illegal?" Overwhelmingly (20-1), constituents are demanding the defeat of SB 170. They understand the meaning of the word.

In a dramatic turn at the end, the bill died on a 16-18 vote (all Republicans and five Democrats voting no).

This was the first time this year we Republicans were on the prevailing side of a major, controversial bill.

Today the Senate also saw the Long Bill (next year's budget) for the first time. The total expenses listed (including capitol construction dollars) is over nineteen billion dollars. It also lists an increase in FTEs (full time equivalent employees) of 1,441.3. We will be digging deeper into this bill in the coming days, but at first blush I see a bill that does everything it can to support the government systems while the private side of the state is learning how to do more with less. No one likes to see a recession, but the silver lining of this problem is that it forces us all to find better ways to get things done. It would appear that state policy has yet to find that silver lining.

April 1 - In Health and Human Services committee HB 1086 passed on a party-line vote. It requires more regulations for licensed mental health workers, increases fees and adds 1.2 FTEs (full time equivalent - of state employees).

It was not in my committee, but in the Senate Appropriations committee this morning the in-state tuition for illegals immigrants bill was put on the calendar at the last minute, and because Senator Harvey was out of town with a family emergency, the bill passed on a 5 to 4 vote. This controversial bill is now headed back to the Senate floor for another second reading debate.



















































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March

March 30 - SJR 28 came up today, a resolution commending the "cool cities" in Colorado. This is not a measure recognizing the Colorado cities that are the most "hip", or fun. This is a global warming resolution that did give many of us the opportunity to point out the weakness of the whole global warming argument. Our main point: anthropogenic carbon dioxide is not the established cause of whatever global warming that may be occurring. It is bad public policy to assume this unproven scientific theory and economic suicide to continue to rush down this road.

None-the-less the resolution passed on a virtual party-line vote.

SB 118 passed third reading, now regulating rats and gerbils at pet stores.

SB 3. the emissions testing bill for Larimer and Weld counties, passed third reading on a party-line vote. (See March 26 for details of the bill).

March 26 - Today the big battle was over SB 3, which will force Larimer and Weld counties into the vehicle emissions testing program that the Denver Metro area suffers under. I and Sen Renfroe made the case as clearly as we could that this was maximum pain for the citizens for a minimal gain in clean air attainment. In fact, the testing program will make a very small change in air quality and just the normal replacement of vehicles with newer models will make a dramatic difference in the next five to ten years.

In addition, this bill will restrict classic car plates, not allowing any to be issued to cars built after 1975. Currently any car will qualify if they 25 years old (today that means 1985 or earlier).

On the other side of the isle the arguments fell on deaf ears. The bill passed on party lines.

March 25 - The oil and gas regulations were considered on third reading (HB 1292). As we did for second reading, we argued that these regulations will kill jobs and cut down energy production in Colorado. During this economic down turn this is the exact opposite direction to head. Even before the rules have been adopted the industry has been pulling out of the state. With this final approval of the rules the industry will know that this administration and legislature is not promoting real energy production, they are putting the industry under a heavy handed command and control system. The bill passed on a strict party-line vote.

SB 133 also passed third reading, increasing a tax, (this time they are calling it a "surcharge"), on traffic violations. The increase is for the Traumatic Brain Injury Trust Fund.

March 24 - On third reading in the Senate two bills were passed that reflect the command and control attitude that this legislature is forcing on the people of Colorado. HB 1057 requires businesses to give time-off to employees for school related functions. The bill passed on a strict party-line vote.

SB 1276 sets up a 90 day extension to home foreclosures. As with many bills, the goal is laudable, but, as I stated on the Senate floor, if this 90 day extension will prevent foreclosures, lenders will probably be putting this in place without the law forcing them. They will have the liberty to then find an even more effective way to get the job done. Lenders, especially in this down economy, do not win when a foreclosure occurs, they want to find better solutions as well. None-the-less, the legislature rushes forward to micro-manage another part of private business. SB 1276 passed second reading.

After extensive debate on approving the new Oil and Gas Commission rules, including a compromise amendment proposed by Senator Penry that could have found some middle ground, the rules were adopted on a strict party-line vote.

March 23 - The "Designated Beneficiary Agreements" bill, HB 1260, passed third reading on party-lines. Also passed on third reading was SB 138, increasing registration fees for Certified Nurse Aides, and HB 1034, authorizing a regional transit authority to seek property taxing authority.

March 20 - The "Designated Beneficiary Agreements" bill, HB 1260, was debated on second reading in the Senate today. I led the debate with an amendment that would have allowed greater latitude for individuals planning their estate, but would not have created a substitute legal status for marriage. It was an attempt to find the common ground that we could all live with. Unfortunately, the Democrats rejected the amendment on a strict party-line vote. HB 1260 is still marriage-light, or, because it also allows people to pick and choose what benefits they want to incorporate into their agreement, one could call it marriage a la carte.

It is a replacement for marriage which is the exact opposite direction we should be taking for sound public policy. The bill's proponents have taken a hard-line approach that defies the will of the people as expressed in the 2006 election (establishing a constitutional marriage amendment and rejecting domestic partnerships in two separate votes). It is not good for the institution of marriage, nor the people of Colorado.

March 19 - SB 244 is one more "good reason" to increase medical insurance for all medical policy premiums in Colorado. It will mandate that services for autism disorders be included in all medical insurance policies in Colorado. Autism is a very difficult problem for any family caught in its grip. At the same time the cost of medical insurance is beyond the reach of many families already. SB 244 will drive that cost even higher. In Health and Human Services SB 244 passed on a party-line vote.

March 18 - In Health and Human Services HB 1116 passed on a party-line vote. This bill removes a prohibition from general fund appropriations for a children's dental health screening program. I called it "program creep." Federal funds are currently used for this program, but the Department of Public Health and Environment is seeking more funding sources for future years, hence the bill.

Every problem has a great reason (in somebody's eyes) for existing and being expanded. This bill is the first step for that much more liability on the general fund, which we are always told does not have enough money for the current programs.

March 17 - SB 228 finally came up for third reading debate in the Senate. We spent almost three hours in this final debate, after the first eleven hours for second reading. This is a very important issue and the Republican caucus did all we could to hold back this tide. My final comments can be found by clicking here.

One interesting point to the debate was an amendment offered by Senator Penry, which would have converted the bill into a rainy-day fund. I argued passionately for this bill, noting that it is what I and Senator Brophy have been working on since 2003. This amendment would have turned this tax and spend bill into a prudent fiscal plan for the future. The amendment died on a party-line vote.

Toward the end of the debate Senator Renfroe moved the bill to be sent to the Appropriations committee because the fiscal note did not even mention the impact this will make on the bond rating of transportation dollars in Colorado. The motion died on a party-line vote.

SB 228 passed third reading on a strict party-line vote.

March 16 - HB 1027 passed third reading in the Senate. It will allow transit buses to put a yield sign that motorists must obey whenever a bus driver illuminates the sign and is merging back into traffic after stopping for passengers. One more odd rule for drivers to follow. It will speed up the process for busses and slow the rest of traffic down as they must automatically stop when ever a yield sign is illuminated. In committee there was no evidence that there has ever been any accident because of the lack of this law. More rules, less liberty for most of us.

SB 144 passed third reading, but because of the principle involved (following the clear meaning of the constitution) eight of us on the Republican side opposed the bill.

In Judiciary Committee SB 1260 was heard. This bill creates "Designated Beneficiary Agreements." This is a lengthy list of much of the legal rights a married couple enjoys under Colorado law. The bill allows those rights to any two people who are not married. The sponsor insisted that it was simply an estate planning tool, but because it is only available in the place of marriage, it is really creating a domestic partnership system in Colorado. This is, in essence, marriage-light, or, because it also allows people to pick and choose what benefits they want to incorporate into their agreement, one could call it marriage a la carte. SB 1260 passed on a party-line vote.

March 13 - On second reading SB 170 was brought up for debate. This bill will give in-state tuition to illegal immigrants. It is a back-door amnesty program and most of the people who have contacted me clearly understand that fact. Through a procedural move the bill was sent to the Appropriations Committee. It will then be back for more debate...

SB 144 also came up on second reading. This is a bill that tests our resolve to follow the constitutional requirement to bring tax increases, though it is small, to the people. It authorizes a half cent (per month) increase on phone bills for a fund that helps the deaf and hearing-impaired. The purpose is laudable, but the increase is not a fee, for the services given are not for the same people who are paying the bill. It is a tax. It is not taking it to the people for a vote. I cannot support the bill.

It is also notable that today was Pastors' and Church Leaders' Day at the Capitol. This was an event that I helped organize (along with several area ministries). Over 150 church leaders gathered all day in the Old Supreme Court Chambers discussing our nation's founding, its Biblical roots and what can be done to defend those principles today.

March 12 - HB 1110 puts extra pressure on homeowners in resort areas who rent out their homes for part of the year to report their furnishings for "personal business property tax." It will require the agents that advertise these homes for rent to turn the home owners over to the county assessors. This is an intrusive bill that perpetuates and grows the inequitable and counterproductive personal business property tax system. The bill passed the Local Government and Energy Committee with only two of us voting against the bill.

In Health and Human Services we heard HB 1143. This is a bill that I had been a co-sponsor of in the House. The House passed the bill with bipartisan support (40-25).

This bill created a low cost option for HMO medical insurance. It would have allowed a limited benefit, mandate free option. HMO insurance companies could provide a significantly less expensive option.

Unfortunately, the Senate sponsor submitted an amendment that stripped most of the bill's features. The amendment puts all of the mandates back, restricts the plans to only those counties under 25,000 people, would not allow anyone to participate who has been insured in the last 12 months, and the program would end in two years. The amendment took a great bill down to a bill that accomplishes much less. I supported the final product, but regret the opportunity we have missed with the House version of the bill.


March 11 - I do not know whether this entry should be in bold or plain text. In Judiciary Committee we have passed SB 241. This bill allows the collection of DNA evidence from all who are arrested for a felony. A very spirited debate erupted concerning our Fourth Amendment rights and the state keeping DNA evidence. I supported the bill, but I am troubled with the current form because we will end up collecting DNA evidence from some who will eventually be declared innocent after their arrest. The bill allows for expunging their information, but it is complicated enough that most are not expected to go through the process. I am supporting the bill on the commitment of the sponsor to make the expungement process more available to those who are not adjudicated guilty of a felony.

March 10 - In the Local Government and Energy committee HB 1149 was heard. It forces builders to offer solar energy options for all of the homes they build. I have no problem with builders offering solar energy options for homes (it is how my home is powered), but when we force the marketplace, we inevitably drive up the cost of the product. When it is the best idea the marketplace will provide it, and in the most efficient and effective manner possible. That is how the market works. HB 1149 distorts those market dynamics and will cost the people of Colorado some of their liberty and some of their pocketbook. The committee passed the bill.

March 5 - SB 225 passed third reading.

March 4 - On third reading SB 222 and SB 237 passed unanimously.

SB 225 came up in second reading. We made the point that defining contraceptive as any thing that stops a pregnancy before implantation actually calls some procedures "contraceptive", when, in reality it can be abortive. None-the-less, it passed second reading.

March 3 - March 3 began at 12:45 AM as the SB 228 debate continued. As noted before, second reading was, for the first time anyone remembers, cut off. What followed was several hours of "Committee of the Whole amendments" debate. We still had the right of that process and took advantage of it to continue the debate on this substantial legislation. That debate concluded shortly before 2:30 AM. All votes were strictly party-line. The bill now moves forward to a third reading vote later this week.

Later in the day (after a break for a short night's rest) two of my bills came up for second reading. SB 222, requiring clearly readable signs for traffic enforcement cameras passed. The other bill was SB 237, concerning prop drill team rifles. After an amendment was introduced that created a lively debate (it would have significantly weakened the bill), the amendment was defeated and the bill moved forward.

March 2 - Today was SB 228 second reading. I am writing this a few minutes before 11 PM. Today was an appalling grab of power by the Democrat majority. In an unprecedented move the Democrats shut down the second reading debate after six hours of debate. SB 228 is an unconstitutional and fiscally reckless bill and we were not given the time to offer all of the amendments we had, nor was there any time allowed for an open debate on the bill itself. This bill eliminates the six percent limit on the general fund growth without the constitutionally required vote of the people. For a more complete discussion click here.

We are now in the final stage of second reading, with committee of the whole amendments (COWs). Everything has been party-line vote. This might still take several hours, as we are taking roll call votes on all COWs.


















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February

February 27 - Today the Senate spent much of the morning debating the merits of SB 108 before holding the final vote on this $250,000,000 car tax. I argued that the Colorado Constitution does not allow a revenue raising bill to start in the Senate (Article V, Section 31). Others brought up many other serious issues, such as: the people cannot afford this quarter of a billion dollar tax, it is the worst time to increase taxes, it authorizes unconstitutional long term loans, it is hypocritical to increase highway transportation with this bill and then strip away even more highway funding with SB 228 (coming later today). With the exception of Senator White, Senator Tochtrop, and Senator Carroll (the first a Republican and the other two Democrats), it was a party-line vote. The bill now goes to the governor's desk.

SB 228 was then put on the floor for second reading. This would, without a constitutionally required vote of the people, remove the six percent growth limit to the general fund. Removing this limit will unleash the spending authority of the legislature and, because most of the dollars that currently exceed the spending limit pour into the Highway Users Trust Fund, the immediate effect will be to cut the funding for transportation. After we burned about an hour with procedural maneuvers, they laid it over to Monday, when the real fight will begin. This is about as direct an assault on the constitutional limits of the growth on government as I have seen down here and we, the Republicans in the Senate, will fight for the rights of the people to conduct their own affairs (by keeping proper limits on the growth of government) as much as we can.

February 26 - In Health and Human Services committee SB 225 was heard and passed. This bill perpetuates the inaccurate notion that any drug, device or procedure that ends the life of an unborn child before the state recognizes that that child's mother is pregnant is not abortive. If the child's life begins at the moment of fertilization, then ending that life is in fact an abortion. SB 225 refuses to acknowledge that reality. My final comments before the vote can be found by clicking here.

February 25 - In third reading SB 159, SB 31, SB 26, and SB 68 all passed.

In Judiciary committee SB 237 (my bill) passed unanimously. This made a small step toward freedom by eliminating the mandatory suspension policy for prop weapons used by drill teams and color guards. It allows the school district to use its own discretion in suspending a student who brings a facsimile firearm to school.

February 24 - SB 88 passed the Senate in third reading. Eleven of us on the Republican side voted against it. All of the Democrats supported it.

SB 159 passed second reading, mandating that medical insurance policies provide coverage of unmarried children up to the age of 30. This bill will increase medical insurance rates, as all mandates end up doing.

SB 31 passed second reading, increasing the waste tire fee from $1.50 to $3.75 per tire. This $5,000,000 will fund research grants for CU, CSU, Mines and NREL.

SB 26 passed second reading, regulating athletic trainers

SB 68 passed second reading on a virtual party-line vote (Sen. White voted aye), increasing marriage and divorce related fees, including a 300% increase in the marriage license fee. The money will be used for domestic abuse counseling services.

February 23 - In Senate State Affairs two of my bills were heard. SB 220 encouraged the creation of jobs in the oil shale industry with a temporary (until 2021) reduction in the severance tax rates if any production facility hires at least 25% of their workforce by 2012. There was no downside to the bill for the state. It does not cost anything up front and the only 'lost' revenues would occur if full production actually occurs The only substantive concerns were from those who do not want oil shale production in Colorado. The bill was killed on a party-line vote.

SB 221 created a $1000 property tax credit for students who migrate from a public to a private educational format. The budget analyst estimated the state education fund would save over $100,000,000 if two percent of public school students took advantage of the incentive. If it were five percent it would be $250,000,000! Once again, the bill was killed on a party-line vote.

In third reading SB 149 passed by a near party-line vote. This bill strips away the right of the people to have the currently required vote for a county to begin the process from a statutory county to a home rule county.

Senator Bacon's SB 143, expanding photo-radar systems passed on a strict party-line vote.

SB 2 passed, slapping a $4,000,000 fee on the people of Colorado. It adds $1 to vehicle fees (car taxes).

In second reading SB 88 passed, requiring the State of Colorado to provide domestic partnership benefits for employees. I pointed out that the people of Colorado rejected domestic partnerships and affirmed that marriage is only one man and woman in the 2006 general election and this bill flies in the face of those decisions. Senator Scott Renfroe spoke against the bill with a clear presentation of the Biblical principles that the bill violates. SB 88 passed, essentially on a party-line vote.

February 20 - In second reading in the Senate SB 143, expanding the authority of municipalities to put photo-radar systems up wqs discussed. The bill passed, and I did not support the bill. However, I put this in bold because of an amendment the sponsor, Senator Bacon, put on the bill, and what he said about it during the discussion. His amendment limited the fine amount to $40 (the current limit). Senator Bacon also said that he worded the amendment in such a way that local governments could not make any net revenue from the use of these systems. I dout if that is really the case today and hope that Senator Bacon's amendment and discussion will mean that the fines will only reflect the real costs of the photo-radar systems. We shall see...

February 18 - In second reading on the Senate floor SB 208 passed, raiding over $200 million from cash funds to help balance the budget. I presented an amendment to require the state to pay back the cash funds as soon as general fund revenues increased enough to fully fill the six percent growth cap. It was killed on a near party-line vote. Only one Republican, the JBC member, was the only member of my party not supporting my amendment.

In Health and Human Services SB 159 passed by a party-line vote. It requires medical insurance policies to include in family plans children up to age 30 (currently the age is 25). This mandate will drive up the cost of medical insurance.

February 17 - On third reading in the Senate SB 151 passed. As stated in the Feb. 13 entry, it is not a big issue, but a deregulation, none-the-less.

HB 1014, concerning fees for real estate appraisers and conservation easement tax credit applicants. passed third reading in the Senate. It is another fee increase, where the department is now empowered to set the fees where ever they want.

Not happening at the Colorado capitol building, but nearby, at City Park, it should be noted that the President signed into law the $897,000,000,000 "stimulus bill" (the biggest mortgage in human history). I joined and spoke to several hundred citizens on the west steps of the capitol who protested what we consider to be an economic debacle.

February 16 - Today the Senate met with the House to be briefed by our staff economists concerning the current state of our budget. Their basic point is what we have all been experiencing and hearing about in the news for several months. The economy is down, state government revenues are down and we need to adjust the current budget by over six hundred million dollars.

Of course, this is the government, and we have ways of figuring. The real numbers to make up the shortfall are (roughly): increase revenue (taxes that are not called taxes) by $13 million, take $231 million from cash funds, pickup $108 million from the Federal government for Medicaid, cut the statutory reserve in half - about $150 million, adjust other obligations for about $40 million and cuts program spending by about $85 million.

It should also be noted that they are working with the numbers they developed in the fourth quarter of 2008. My expectation is that there is another $100 - 500 million that will not be there by July 1, 2009 and next year will probably not be any better. This would certainly have been a good time to have had a rainy day fund of a few hundred million dollars.

The times are tight and I am quite aware that there really is not any good solution, but, I was hoping that our plan this year kept in mind that next year will probably be as difficult. The plan I heard today still spends as much as possible, draining just about everything we have as a reserve.


February 13 - Finally, a step in the right direction, albeit a very small step. SB - 151 eliminates the licensure requirement for livestock slaughterers. Today this bill passed second reading in the Senate. The rationale is that this regulation was not needed at all and therefore we got rid of it.

In second reading SB 57, the Public School Financial Transparency bill was heard, with a big floor fight concerning an amendment that Sen. Hudak put on the bill. The amendment stripped the requirement for school districts to post their financial transactions on the web. It would have gutted the bill, but the senate rejected the amendment! SB 57 passed second reading.

February 12 - In the Local Government and Energy committee SB 149 passed. This removes the right of the people to vote on forming a commission for a county to move from a statutory county to a home rule county, allowing the county commission to form the home rule commission on its own. A final vote of the people to approve the home rule charter is still retained. Changing to a home rule county is a big step that empowers the county commission with many more powers. In the committee hearing this change was compared to the difference between an unincorporated county area and a city. It is troubling that the committee saw fit to approve a measure that disenfranchises the people to any extent for this big a step in governance.

February 11 - In Health and Human Services SB-61 was heard. The bill increases the standards for who reviews claims for medical treatment under insurance policies, requiring medical professionals, licensed in Colorado, to review the claims. This will drive up the cost of medical insurance. It is more centralized, government management of private insurance companies. SB-61 passed on a party-line vote of 5 for, 3 against.

The next bill up in HHS allowed the regulation of "psychiatric technicians" to go away in five years. The Department of Regulatory Agencies recommended that this regulation be discontinued, but, in the spirit of never letting a program die, this bill was killed, on a party-line vote.

February 10 - SB-155 was killed in the Local Government and Energy committee by a party-line vote. This bill would have given charter schools more tools in finding land and finances for building their school buildings.

On third reading SB-108, the car tax bill passed, with all Republicans voting no (and two Democrats also opposing the bill). I have posted my comments on my 2009 Session website page.

February 4 - SB-103 was fast tracked to the Senate floor for second reading debate. This is the multi-hundreds of million dollar car tax (they call it a fee). It will slap heavy costs on the trucking industry and load up every car owner with a substantial annual fee, regardless of the volume of their use of the roads. Most onerous is that is skirts around the constitutional requirement for taxes to be voted on by the people. By calling it a fee, the legislature can force it on the people without their vote. Dozens of amendments were proposed, some smaller ones were accepted, but the essential problems with this bill remained. On a party-line vote the bill passed second reading.

In Health and Human Services SB-73 was seeking an exception to licensed daycare, by allowing two separate families to receive child care from a person who was not licensed by the state. This is such a reasonable exception that recognizes the authority of parents to decide what is best for their children. The bill also recognized the reality that two families often do go together to set up childcare None-the-less, the child care industry rose up and said we don't trust the judgement and authority of parents, the state must rule and regulate. SB-73 was defeated on a party-line vote.

In Judiciary Committee SB-68 increases the state marriage license fee 300% (from $10 to $30). Divorce fees would be increased by $10 as well. The money will be used for funding going toward domestic abuse services. It is argued by some that these services could use more funding, but to put higher obstacles to marriage licenses in the name of domestic abuse programs is at best counter intuitive. In addition, implementing such fee increases during these tough economic times is not a good direction.

In any event, this is more of the same answer I see around here far too often: Don't call it a tax, that requires the people to vote. Increase the fees, and increase those fees by a hugh amount. Once again, this new fee/tax passed by a party-line vote.


February 3 - In Local Government and Energy committee we heard several bills that require a mention. SB-006 had a laudable goal: providing legal identification for mentally ill leaving jail. The problem is the $171,000 to put a van on the road to get the job accomplished. I voted against (party-line vote) because this was another example of spending more than we can afford. Unless the sponsor figures out how to make this much more efficient, this good idea will not survive the appropriation process.

SB-019 encourages local governments to allow residential facilities for mentally ill people. So far, so good. However, this bill offered the typical, big-government solution. This bill says give the local government up to $500,000 to change their zoning laws. Need I say more? Incredibly, the sponsor (Sen. Boyd) asked that the bill be killed (she recognized that we do not have the money) - hence I report this in bold text.

I saved the best for last. SB-031 was published as an increase in the Waste Tire Recycling Development Fee from $1.50 per tire to $3.75 per tire. The purpose? To raise $5,000,000 for the Clean Technology Discovery Evaluation Grant Program. Now... when the sponsor presented the bill in committee a brand new bill was given to us. New program, new funding. It is now a $4,000,000 fee, imposed on the delivery of tank truckloads of odorized liquefied petroleum gas. The bill is still setting up a grant program for renewable energy projects, but that has changed more than I can digest at this moment.

What I can sort out is that the renewable energy people from CU, CSU, and the School of Mines came out to promote the bill. Apparently they get the lion's share of the program. No one was here from the industry who is going to be taxed the $4,000,000! I strongly protested the significant last minute change in this bill and asked the chairman to lay the bill over to properly allow for a public hearing of all interested parties. The chairman concurred, held public testimony for those present and has laid the bill over until Thursday for more public testimony.

February 2 -

Two resolutions were considered on the Senate floor. SR-008 was concerning a "season for nonviolence", urging everyone to pursue policies and actions of nonviolence. SR-009 was supporting Israel in their battle against Hamas.

I report on this in Freedom Watch for two reasons. First, it became a floor fight for a few minutes. Second, freedom is not automatic, it must be earned and the combination of decisions made here today do not show a proper understanding of that essential principle. Both resolutions passed, but a handful of us (myself included) did not vote for the nonviolence resolution. It is not that we oppose peace, rather, we understand that violence is, in our broken world, sometimes required to enforce peace. That is why we empower police to use violent force and maintain military strength.

When issues like the nonviolence resolution come up we should not simply cast a vote that "feels good", we should vote in a manner that is consistent with our understanding of the real world, including the fallen nature of humanity. Jesus said "blessed are the peacemakers", but he also threw the moneychangers out of the Temple. Peace and nonviolence are not synonymous. Our policies should recognize the differences.









































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January

January 29 - The Senate considered HJR 1005 today. This is the required resolution establishing our best guess for next year's general fund budget total. The resolution does not set the budget, it gives an official starting point for the budget process. The resolution set the figure at 7.2 billion dollars, based on our economists' projections published last month.

Senator Brophy presented an amendment that trimmed an additional 150 million dollars off the total, arguing that at this time we should exercise more caution, rather than less. I supported his amendment, adding that we have seen this scenario in previous slowdowns and it would be prudent to start at the lower number.

Unfortunately, Sen. Brophy's amendment was rejected on essentially a party-line vote (Sen. White, the Republican member of the Joint Budget Committee joined the Democrats). Instead of the Senate showing the caution we should have at this uncertain time we are still putting, as I characterized at the mic. the "pedal to the metal" and will plan to spend as much as we possibly can (but probably will not have).

In the Local Government and Energy committee SB 39 was passed on a party-line vote. This bill will remove the right of citizens to challenge new graduated block rates for residential users on the grounds of the rates being "undue discrimination". In my opinion this is an unreasonable removal of the individual citizen's rights. It invites a significant increase in rates without sufficient recourse for the rate payer. I submitted an amendment that would have removed the worst of the bill, but that also failed on a party-line vote.

January 27 - In the Local Government and Energy committee SB-004 was considered. This would have delayed the implementation of the new Oil and Gas Commission rules by one year. After long testimony it was clearly established that these rules will significantly hurt Colorado's economy. None-the-less, the committee killed the bill on a party-line vote. The rules will move forward and the state will suffer the consequences.

It also troubled me that the committee refused to allow the bill to be laid over for one week before the final vote would be taken. Two of the seven committee members were not present and testimony from one person expressed concern that the 24 hour notification of the hearing was not really enough time for other citizens to attend the hearing. Still, the committee, by a party-line vote, rejected my motion to lay it over for a week. The committee did not attempt to find any common ground, or let everyone be heard. It was a heavy-handed, doctrinaire way to kill the bill.

January 26 - In second reading I moved an amendment to SB 05. The bill expands the definition of traumatic brain injuries (TBI) to include blast injuries for the Traumatic Brain Injury Trust Fund, rightly recognizing the growing TBI cases that we are seeing in our veterans coming back from Iraq. The amendment would have required that the trust fund only be used when there was no other medical insurance available for the direct services. In fact the amendment simply codified the current practice of using these funds. It is troubling that there was push back from my amendment. It was a simple attempt to make sure the program did not grow out of proportion in future years. The amendment was defeated. The proponents of bigger government won over those of us who tried to put a reasonable limit to this program.

January 22 - Today the Senate and House Health and Human Services committees heard reports from several departments, including the Department of Public Health and Environment. Included in their report was their intention to force most of Larimer and Weld counties into the vehicle emission testing program that the Denver Metro area currently suffers under. This is what I call the Fisher/Bacon Car Tax (SB 003). It will impose upon tens of thousands of car owners a heavy burden on their time and pocket book. What struck me was their admission that this heavy handed policy will have little effect on the actual air quality, yet they are still determined to force this down our throats. Once again a government bureaucracy is showing very little respect for our freedoms as they rush to put all of their programs and fees in place.

January 21 - In Judiciary committee SB 007 passed. I include this bill as a step forward, however, very small. It slightly tightened up the requirements for involuntary commitment process for substance abusers. Whenever we compromise personal liberties it should be done under the highest of requirements.

January 16 - SJR - 006 passed on a party line vote. It was concerning the Federal reauthorization of the State Child Health Insurance Plan (SCHIP). As I stated at the mic, I support the SCHIP, (it is an efficient supplement to Medicaid funding for low income families) and would have supported the resolution, but the resolution also called for expanding the program, which smacks of government funded universal medical care.

In addition, it should be noted that Sen. Renfroe submitted an amendment that would have recognized an unborn child as a person, which would have given pregnant women that much more medical support for themselves and their child. The amendment was defeated with all Democrats opposing it, except for the Senate President, Peter Groff. All Republicans supported the amendment, except for Sen. Spence.

January 15 - I was sworn in as a senator. (Which, I trust, is a step forward for freedom for us all).

January 14 - I was given the opportunity to present some final comments to the House of Representatives. The text of my comments can be found here.

January 12 - Today both houses were required to listen to a very long, politically correct lecture on sexual harassment, ethics policies and budgeting priorities. It was good to be reminded of some of the common sense discussions about treating everyone with respect, but it did seem a bit tedious and elementary as well.

I was also troubled that "religious proselytizing" was lumped into the general category of harassment. Little attention was given to this item, but its inclusion in the discussion was, in my opinion, not appropriate.

A part of the program was an exercise in ethical budget cutting. This I found to be less than elementary and the list of priorities given for making budget cutting decisions was very different than what my political philosophy calls for.

My priorities can be summed up as "life, liberty and property" (see the 14th Amendment). Absent from today's discussion was the concept of liberty, or the preservation of private property. The list of priorities we were given today can be summed up as: do no harm to as many government programs as possible.

Most of the people who sent me down here expect that, whenever possible, I will eliminate programs, not prop them up, and during a recession we have a greater opportunity to do just that. With an eye on defending our inalienable rights, I will exercise those priorities while engaging in the budget debates of 2009.

January 10 - This is a Saturday, so the legislature is not meeting, but the Senate District 15 vacancy committee did, and by a vote of 86 to 42 they selected me to complete the term of Steve Johnson. The text of my nomination speech can be found here.

January 9 - Today the chief justice of the Colorado Supreme Court, Mary Mullarkey, gave her biannual address to the legislature. It was about as inspiring as the governor's speech.

Several of us on the Republican side had signed a letter that Rep. Cory Gardner sent to her, asking for an explanation of why her court has been so partisan in several key decisions they have handed down in recent years. Her response was to ignore the issue completely.

That's about it. Aside from her thanking the legislature for authorizing dozens of new judgeships and a new building for the supreme court (at a final cost of about $500,000,000) I did not hear anything very remarkable.

January 8 - Today the governor gave his state of the state address before the House and Senate. Compared to previous years is was brief, less than 45 minutes, and unremarkable, without any significant new programs or directions.

To his credit, he did acknowledge the budgetary problems of the recession. This could have been a realistic starting point from which we could all find some common ground for building next year's budget, but for one significant detail. Within this context governor Ritter called the Taxpayer's Bill of Rights (TABOR) a straightjacket that had to be fixed.

One of the best effects of TABOR is to protect the state budget (and state government programs) from the wild fluctuations that a recession brings. TABOR has not brought us this budget crisis, the revenue and spending limits of TABOR help us navigate through the recession, from which the budget crisis came.

Unfortunately, the current elimination of the revenue limits of TABOR (the five year "timeout" of Referendum C) has set our budget on an unsustainable course and the budget realities of today's recession are therefore that much worse. In his speech today the governor made it clear that his idea of "fixing" TABOR is permanently eliminating the revenue limit. He just doesn't get it.

This failure to grasp the situation is also the case for his energy policies. After calling for aggressive job creation programs he defended his oil and gas regulations, which are already killing good jobs in Colorado's biggest industry.

Instead of calling for a big push to develop Colorado into the energy capitol of the country, with an eye on national energy independence, he is only promoting one corner of that scenario, which is the smallest, most expensive part: renewable energy systems. We need renewable energy development and production, but we will never get where our economy needs to go if we don't also rely on and promote the more conventional energy sources we have today.

This year's state of the state address was, at best, a bit disappointing.

January 7 - Today marked the beginning of the regular session of the 67th General Assembly in Colorado. It was also the beginning of my fourth term in the Colorado House.

A part of the day included electing the new Speaker of the House, Terrance Carroll. His opening speech was upbeat and encouraging. The Speaker's recurring theme was "expand the circle of opportunity". He called for the creation of good, high-paying jobs, more social programs for children and families, enhanced public school systems and more opportunities for college education.

The Speaker also insisted that we will balance our budget, which, of course, the state constitution requires.

What was missing was the reality of a looming $600,000,000 budget shortfall for this year, and half of the fiscal year has already been spent! How can we provide for all of the extra programs he is calling for, let alone meet the demands of the current budget the legislature and governor put in place last spring? The Speaker's speech was silent on that question.

The constitutional requirement for a balanced budget will eventually bring the legislature back to reality, but the longer we wait to fix the budget, the harder that job will be.

Republican leader Mike May gave a more realistic picture. He called for belt tightening in all areas and expressed regret that we did not have a rainy day fund to fall back on (something I first introduced in 2003). Rep. May also warned that we cannot continue to make it more difficult for traditional energy industries to thrive in Colorado. He reminded us that Colorado has the resources to help bring energy independence to our nation, but we will never get there unless we focus our attention on putting in place real solutions for the real challenges that are confronting us.

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