The Upside Down Award
Some bills require a lot more explaining because they sound like they will do one thing, but in reality they will go a very different direction, sometimes the opposite direction! For these special bills I am giving them the Upside Down Award.The first recipient is HB 1050, the flag bill.
HB 1050 has been miss-reported far too often as a bill that would make it a crime to permanently display any flag other than the U.S. and Colorado flags. In reality , HB 1050 does something very different. HB 1050 will remove the prohibition of displaying other flags on public buildings and only restricts what can be flown on permanent flag poles.
It is currently a crime to display any other flag on any part of a public building or adjacent grounds (CRS 18-11-205.) That statute was created by Senate Bill 038 in 2002. The prime sponsor was Alice Nichol, a Democrat who was then the chairman of the Senate State Affairs Committee. This current law affords a full measure of respect for our flag and deserves to be defended.
HB 1026 is the next winner of the Upside Down Award!
The bill summary says it will prevent schools from requiring undergraduates to carry medical insurance, but that is already the law. In reality HB 1026 will allow CSU to mandate medical insurance for all graduate students. This strips away a liberty of choice CSU graduate students now have and drives up the cost of attending CSU graduate school by several hundred dollars each semester.
HB 1019 is another upside-down award winner.
The title says: "Concerning the public utilities commission's duty to promulgate rules regulating carriers exempt from regulation as a public utility"... huh? It really changes some rules for limousine services and slaps on a $5000 fee for the license!
SB 22 also deserves the upside-down award
The title says: "Concerning the authority of the public utilities commission to consider the needs of low-income households when setting utility rates for energy."
This is not exactly opposite to the bill's real effect, but it completely ignores the reality of the bill's effect. It creates a tiered rate structure to lower rates for low income households, the difference of the lower rate tier will then be assessed on everyone else with higher rates. Charity for lower income people is a good thing, but forcing that charity out of everyone else through their payments to a private company is nothing more than a devious back-door tax.
HB 1037 is another subtle title (read upside-down award.)
This one says: "CONCERNING MEASURES TO PROMOTE ENERGY EFFICIENCY, AND MAKING AN APPROPRIATION THEREFOR." This authorizes another fee on gas utilities. The amount is unspecified, (so it could be much higher) but it is to be at least .5% of the utility's revenues. The amount is to be used for grants (subsidies) for energy saving improvements.
SB 124 deserves the "Upsidedown Award." Despite the title: CONCERNING REVISIONS TO THE "COLORADO HOUSING AND FINANCE AUTHORITY ACT, this bill redefines the definition of the family because of an amendment put on in the Senate. They added the words "whether or not" to define a family as any group of people who are living in the same house, or intend to live in the same house, regardless of their relation to each other.
Printed on 11/22/08
In third reading the following bills passed:
SB 86 authorizes a war on terror fallen heroes memorial.
SB 36 mandates mental health coverage for medical insurance policies, which will drive up the cost of medical insurance.
SB 84 regulates interior designers.
SB 57 regulates "debt-settlement services" businesses.
In second reading the following bills passed:
SB 228 creates another layer of government to monitor government contracts. The American Federation of State, County and Municipal Employees union, who supported the bill called it an anti-privatization bill.
SB 123 regulates elevators and escalators.
SB 203 regulates mortgage brokers.
SB 211 sets up a committee to promote expanding medicaid coverage for children with the goal of insuring all children in Colorado (socialized medicine.)
SB 249 regulates "settlement service providers."
Tuesday, May 1
In third reading SB 25 was moved. An amendment was offered to exclude the listing of "religion" from the reasons an employer cannot discriminate in employment decisions. The bill was then laid over to later in the day... In the afternoon SB 25 was brought back. It passed.
The following bills were reconsidered after Senate amendments and all were re-passed by the House:
HB 1249 increases regulations on movers of household goods.
HB 1081 regulates powersports vehicles.
HB 1288 increases fees on waste tires and uses the money for some purposes that have no reasonable relationship to waste tires, thus really making it a tax increase.
SB 220 authorizes fees of over $20,000 on irrigation wells for 130 acre pivots in the San Luis Valley.
In second reading in the afternoon SB 222 stripped $30 million from transportation funding for capitol construction projects.
SB 36 passed, mandating many group medical insurance policies to carry mental health coverage, effectively driving up the cost of medical insurance.
SB 84 regulates interior designers. It passed second reading.
SB 57 regulates debt-settlement services businesses. It passed second reading.
After lengthy debate SB 25 was approved in second reading. This bill adds the words "sexual orientation" to the list of reasons an employer cannot discriminate in hiring decisions. It exempts religious organizations, but only if that organization has no association with any public funds. The bill also adds the word "religion" to the list of reasons an employer cannot discriminate in hiring decisions.
SJR 31 passed the House. This bill calls for the reduction of "unintended pregnancies." The biggest problem is that the resolution endorses legalized abortion, thus ignoring the basic right to lofe for the millions of unborn children who have been and, regretfully, will lose their lives through legal abortion.
Friday, April 27
SB 199 is the school finance act. It passed third reading in the House. Most significantly, this bill contained a fundamental change to how property taxes are calculated, which will drive the second largest tax increase in Colorado's history (second only to Referendum "C".) Despite the attorney general's opinion that the legislature does not have the authority to impose this tax increase without a vote of the people, the House passed SB 199. The new property tax mechanism will essentially lock school property tax assessments to the inflation of property values. Had this taxing system been in place over the past ten years school property taxes would today be double and triple what they are today. If the governor signs this bill, that is what can easily happen for future years.
Wednesday, April 25
HB 1219 passed third reading, authorizing special districts to levy a sales tax, with a lifting of the sales tax cap, with a vote of the people.
Monday, April 23
HCR 1001 passed the House on third reading by a two-thirds vote. HCR 1001 puts a question on the ballot to restrict the ability of the people to amend the state constitution.
Thursday, April 19
SB 24 passed third reading. SB 24 regulates athletic trainers.
Wednesday, April 18
On third reading HB 1131 passed third reading. HB 1131 regulates hemodialysis technicians.
HB 1323 passed third reading. This bill is concerning campaign financing law. It ignores the definition of a "person" in the Colorado constitution, treating LLCs as something other than the consititutionaly proscribed definition.
HB 1347, after being in the Senate, was voted on again and passed again. This bill expands the immunization tracking system.
Friday, April 13
Friday may have been the best day for the session, primarily because we did no harm. Both the House and the Senate leadership decided to not meet because of the anticipated "blizzard" that never arrived.
Thursday, April 12
In the good news column there was the battle over SB 151, the primary seat belt law. This bill would have made it a primary offence for driving without a seat belt. That means that law enforcement could pull over any motorist suspected of not wearing a seat belt. Seat belts are an important safety feature, but as a primary offense this law troubles many as another nanny bill that jeopardizes our civil liberties. As has happened in the two previous sessions, the bill lost by the narrowest of margins. Some times good news comes in small packages, this time it was two more votes than the other side.
Wednesday, April 11
In second reading HB 1329 passed. This bill includes several new fees and upto 40% increases in existing fees for drinking water and waste water systems, including a new $28 fee on individual septic systems.
HB 1344 authorizes local governments to seek a sales tax of up to 2% and raises the total sales tax cap by an additional .5%. HB 1344 passed second reading.
HB 1355 removes the small business medical insurance rate banding, requiring all insurance rates for these policies to be set at the same rate. In 2003 we created rate banding to allow insurance rates to be set according to the risk assesed for that policy, with a limt of no more than 10% higher or 25% lower than the standard rate. This put some market forces in these insurance rates. HB 1355 passed second reading.
Monday, April 9
HB 1292 came back from the Senate with an amendment. This I put in bold, for the amendment is a good thing. It allows a school district to teach an abstinence-only sex education course if there are Federal funds involved.
The amendment points out clearly the basic problem of HB 1292, for all school districts should be able to choose an abstinence-only course. Now, under HB 1292, we will have an unequal system where abstinence-only teaching is only allowed if we can draw down Federal funds.
The only other good news to this final vote on HB 1292 was that we picked up a few more votes against the measure. It passed on a virtual party-line vote (one D and one R flipped).
Thursday, April 5
The long bill passed third reading.
The House also debated Senate Joint Memorial 2. This is concerning the Iraq war. It is a not so veiled attempt to cut-and-run. The House, of course, supported it by a party-line vote.
Wednesday, April 4
SB 239 was up for second reading today. This is the Long Bill, the major budget bill for next year's fiscal year. The total spending for next year is over $17.8 billion.
I submitted four amendments, all were defeated.
The first was a footnote calling for the state to not fund programs that are directly or indirectly funding abortions, as the Colorado constitution requires in Article five, Section 50.
The next amendment required a 1% reduction of all discretionary parts of the General Fund.
The next amendment required a .25% reduction of all discretionary parts of the General Fund.
The next amendment required a .1% reduction of all discretionary parts of the General Fund.
Not even one tenth of one percent... we continue to have a spending crisis in state government.
Monday, April 2
HB 1229, increasing the fine for not using tire chains by P0 passed third reading.
HB 1288 passed thirds, the bill increases the fee on used tires by $.50, increases the fee on using a landfill, creates a new fee on owners of landfills and creates a new commission to regulate waste disposal and recycling issues.
On Thirds HB 1019 increases the regulation of limosine businesses and slaps a $5000 application fee on them.
The two good bills expanding certain sales tax exemptions for businesses, HB 1277 and HB 1279, passed third reading.
In second reading HB 1209, which passed, added .5 FTE and spends $29,073 for a new program "to offer technical assistance to historically underutilized businesses" to get government contracts.
HB 1229 increases the fines for truckers not chaining up in snowstorms by 500%.
HB 1288 increases the fee on used tires by $.50, increases the fee on using a landfill, creates a new fee on owners of landfills and creates a new commission to regulate waste disposal and recyling issues.
Thursday, March 29
SB 117 and HB 1338 passed third reading.
Two good bills passed second reading. They both expand certain sales tax exemptions for business. HB 1277 and HB 1279.
Wednesday, March 28
SB 124, which includes a redefining of the family to include any group of people who live in the same house, passed third reading.
SB 34 passed third reading. This bill eliminates the state of Colorado honoring concealed carry permits from other states.
In second reading two big trial lawyer bills passed. SB 117 removes the requirement that the loser pays court costs for employment lawsuits if it is the employee who loses the claim. The employer would still be liable for paying if they lose the suit. The other bill is HB 1338. This bill strips away warranty limitations in housing construction contracts.
Tuesday, March 27
In the State Affairs Committee SB 135 passed. This bill creates a fee on bingo halls and the charities that use for halls for fundraisers. The fee, which will raise from $100,000 to $125,000 per year, will be collected by the Secretary of State's office to be used for marketing the bingo industry. This means the state is going into the business of promoting bingo gambling halls.
Monday, March 26
On third reading HB 1249 increased regulations on house movers and HB 1081 created a brand new regulated industry, that being the sale and service of powersports vehicles (off road motorcycles, snowmobiles, water sports machines, etc.)
HB 1347 passed third reading.
On second reading SB 34 passed, removing some concealed weapons permit rights.
SB 124 passed, which concerns the "Colorado Housing and Finance Authority Act." The problem is they are insisting on changing the definition of the word "familiy" in the law to mean any group of people who live in one house. The amendment to remove the offensive language was defeated.
Friday, March 23
HB 1341 passed third reading. This is one more hard left turn for this year's legislative session.
HB 1069 passed second reading in an amended form. It is intended to stand up for the property rights of several communities in Southeastern Colorado who are threatened by a proposal to expand an army training ground by about 400,000 acres. This is a tough bill that runs the risk of slapping at the military, which many of us have no intention of doing. None-the-less, it is also a solid way for the legislature to defend individual roperty rights.
HB 1347 passed second reading. This bill rewrites the laws concerning the immunization tracking system. The tracking system is a database that permanently tracks all children (but the law is so open-ended on age requirements that it might be a system that includes adults as well.) The personal information is taken from birth certificates, hospitals, schools, medical insurance companies, doctors offices and anywhere else they can gather it. In second reading the sponsor insisted that participation in the database is voluntary, but I have found that it is not so. Once a person's name is entered into the system there is no provision for removing their name from the system. If one "opts out" it simply means their vaccination records are removed and they are then listed as one who objects to having their immunization records in the system. This is deeply troubling for many parents and individuals who have personal objections with the aggressive immunization regimen that the state requires. HB 1347 is an expansion of the big brother government policies of the immunization tracking system.
HB 1081 creates a new regulated business category: power sports dealers. This puts that much more of our private economy under the thumb of our command and control, government mandated economic system.
The Senate supported the House position on HB 1208.
Thursday, March 22
The big bill on second reading was HB 1341, concerning the Oil and Gas Commission.
This bill is, as the proponents said at the mic, an historic change in Colorado's oil and gas policy. The bill changes the composition of the commission, shifting the commission membership from those who understand the industry toward those who, at best do not know the industry or, at worst, are special interests who oppose oil and gas development. This might even open the door for environmental extremists to run our oil and gas policies.
Most telling to me in this bill is the way the purpose of the commission is being changed. This bill is stripping out the words "encourage and promote" from the statement that deals with the development of the oil and gas industry. When I tried to amend the words back into the bill I was told that removing "encourage and promote" is an essential part of the bill. As I see it, encourage and promote are being trumped by command and control.
No longer will state policy encourage and support the largest industry in the state that 70,000 jobs depend upon. With HB 1341 we are replacing encourage and support with a system of command and control.
Nor will we encourage and support the development of our tremendous natural resources of energy, which could make Colorado a world-class leader in energy production and the front-line for our nation's drive for energy independence. We are replacing a policy of encouraging and promoting with a command and control policy that will trade out the bright prospects for our state's prosperity for a dim future of economic malaise.
HB 1341 is another dangerous lurch to the left for Colorado. Instead of having a reasonable debate and ending up with balanced combination of the differing perspectives in our state, HB 1341 is the heavy handed force of command and control. No amendments of any significance were allowed and the bill passed on a party-line vote.
Wednesday, March 21
The House voted, 63 -1 to adhere to the House position on 1208, thus keeping intact the original, free-market principles of this gas and prescription drug discount bill.
Monday, March 19
HB 1221, HB 1219 and HB 1311 all passed third reading (see March 16 second readings for descriptions.)
Friday, March 16
In third reading the following bills that passed should be noted:
SB 45 REDUCED the fee for copies of public records from a cap of $1.25 to a cap of $.25.
HB 1037 will potentially increase the cost of gas utility bills by at least .5% because the bill directs gas utilities to use at least that much of their revenues for energy saving subsidy programs.
SB 153 authorizes local health officials to create and enforce quarantines on their own.
In second reading:
HB 1221 passed, authorizing increased fees for hospitals.
HB 1219 passed, authorizing local health districts to seek sales tax support and removing the cap on such sales taxes.
HB 1311 streamlines the regulatory process for creating new regulated professions and removes the limit of considering no more than five new regulated professions per year.
Finally, HB 1281 came back from the senate for final passage. It doubles the renewable energy standards for utilities and forces REA's into the system. HB 1281 passed.
Wednesday, March 14
Both HB 1304 and HB 1330, discussed below, passed third reading.
For a little good news, in Finance committee two bills which are good ideas passed!
HB 1325 will increase the allowable exemption for personal business property taxes from the current $2500 to $4500, and then increasing by steps to $7000. SB 45 reduces a fee. Allowable fees for paper copies from county clerks will be reduced from $1.25 to $.25.
Tuesday, March 13
SB 23 is another nanny bill that overrides some parental authority by restricting minors from tanning bed systems.
HB 1019 is another upside-down award. The title says: "Concerning the public utilities commission's duty to promulgate rules regulating carriers exempt from regulation as a public utility"... huh? It really changes some rules for limousine services and slaps a $5000 fee for the license!
HB 1037 is another subtle title (read upside-down candidate.) This one says: "CONCERNING MEASURES TO PROMOTE ENERGY EFFICIENCY, AND MAKING AN APPROPRIATION THEREFOR." This authorizes another fee on gas utilities. The amount is unspecified, but it is to be at least .5% of the utility's revenues. The amount is to be used for grants (subsidies) for energy saving improvements.
Finally, two big bills came up on second reading. The first is HB 1304 which, in my opinion, ignores the plain language of Amendment 41 (bad language, but none-the-less quite clear) and "implements" Amendment 41 with statues that violate the plain language. The Rocky Mountain News calls it "The Grand Sham." It passed handily.
The other is HB 1330 will allow any two adults, regardless of their gender or
relationship, to adopt children together.
Not only is this allowing same-sex couple adoptions, in direct
defiance of what the voters rejected last November, it is also
creating a completely new paradigm of what the family is viewed as in
Colorado law.
No longer is a family a mom and a dad and their children. A family
will now become any two adults of any combination. This is extreme
social change that should not become a part of Colorado law.
Monday, March 12
SB 111, SB 149, and SB 22 all passed third reading
In second reading SB 148 came through. It expands college courses for high school students, a good thing, but amendments to not allow illegal aliens from receiving the public funds for college was rejected. This bill became a mechanism for skirting around the state's policy of not allowing state support for a college education for anyone here illegally.
Friday, March 9
In second reading three bills came up, one after the other, raising taxes, fees and putting in place a back door tax on utility customers.
The first, SB 111 allows local municipalities to exceed the sales tax caps for lodging taxes. It will take a local vote to put the tax in place, but the legislature took the first step in making this new tax a reality.
Next came SB 149, doubling the allowable fees on liquor licenses, essentially from $500 to $1000.
Finally SB 22 directs the Public Utilities Commission to create a tiered rate structure to lower rates for low income households, the difference of which which will then be assessed on everyone else with higher rates. Charity for lower income people is a good thing, but forcing that charity out of everyone else through their payments to a private company is nothing more than a devious back-door tax. This bill also deserves the upside-down award.
Wednesday, March 7
In Finance Committee HB 1221 passed on a party-line vote. This bill will disengage the legislature from setting fees for hospital and medical clinic inspection fees, allowing the Health Department to raise the fees as high as they wish.
Tuesday, March 6
In third reading the executive department's supplemental, SB 162, passed. It was, however, much more than a supplemental funding bill. This also authorized a $750,000 project for the governor to create a study of government efficiencies. If the legislature was to fund this expensive study, it should have been in a bill that specifically authorized it. This smells too much like the "earmarks" that Congress has become too familiar with. It is also ironic that so much will be spent on studying the subject of saving money in government spending...
Monday, March 5
HB 1313 passed third reading. This has proved to be an elusive bill. Elusive, in that it is hard to find the real meaning of the bill. As stated in the March 2 entry, it supposedly creates a clear list of allowable documents, but the bill also assumes that the department can add any other documents they choose.
HB 1330 was introduced today. This is the "two mommy bill" that has been before us several times before. The difference this time is that they probably have the votes to get it passed, despite the defeat of Referendum I last fall.
Friday, March 2
The sex ed bill that would have changed the opt in system to an opt out system, HB 1300, was killed by the request of the sponsor.
HB 1313 passed second reading. This bill could be a good clarification of what documents are required for getting an ID or drivers license, but it has one fatal flaw: just like HB 1314, it gives the Revenue department the authority to add any other documents they want as well. Specifically, for establishing identity, the department can add any other documents they consider appropriate. This detail makes a bill that should be creating a list of verifiable documents for establishing identity into a bill that has a huge loophole. Even as the sponsor has assured me, I trust the Senate will close that loophole.
Thursday, March 1
In State Affairs HJR 1019 and HB 1304 passed. These measures are trying to deal with the problems of the gift limits of Amendment 41. The problem is they are trying to twist what that part of the Colorado Constitution says. It is unfortunate that there are harsh bans on gifts for most government employees, but it is compounding the problem by trying to unconstitutionally revise the law.
On third reading HB 1119 passed. It will double certain fees paid to the county clerks
HB 1248 passed third reading, creating a $1,000,000 program.
SB 16 further eroded parental authority by lowering the compulsory school age from seven to six. SB 16 passed third reading.
HB 1269 tightened the noose of the smoking ban by eliminating the exemption for casinos. It passed third reading.
HB 1292 also passed third reading. This bill establishes statewide standards for sex education courses. It encourages abstinence (after I ran an amendment making that detail very clear.) So far, so good, but the bill also mandates the teaching of contraceptives and other safe sex techniques. This means that school districts can not teach abstinence only.
SJR 12 is a resolution that passed the House which called for the government to insure all uninsured children in Colorado.
Tuesday, February 27
HB 1300 would have further eroded parental authority by shifting public school sex education programs from an opt-in to an opt-out system. Today, parents must sign a form for students to receive these courses. 1300 would give the courses unless the parents requested otherwise. After much behind the scenes discussions, 1300 was pulled from the calendar.
HB 1117 passed second reading. This bill also usurps parental authority by making helmets mandatory for anyone under 18 on or operating a motorcycle.
In Finance Committee HB 1219 passed. This bill authorizes the formation of local health districts with the power to impose sales and property taxes for funding (with a vote of the people.) The concerns I have is the increases in sales taxes can exceed state imposed caps on sales tax levels and the election to authorize the taxes can be held at times other than during general elections. When these special elections are held the advocates for the tax increases gain an advantage over the average citizen who is not as motivated to oppose the tax as the proponents are motivated to promote the tax.
Monday, February 26
In a close vote of 34-30, HB 1036 passed third reading, restricting the power of Eminent Domain over water rights.
HB 1281 passed third reading, doubling the renewable energy standard for utilities to 20% and forcing rural electric associations into the standards.
The changes to the Unfair Practices Act in HB 1208 passed third reading by a solid majority of 60-4. This bill, of which I am a prime sponsor, allows free market pricing of products and services in Colorado.
HB 1314 passed third reading.
In second reading, SB 16 passed. This bill further limits parental authority by lowing the compulsory attendance age from 7 to 6.
HB 1119 passed second reading. This bill doubles certain fees paid to county clerks.
Friday, February 23
HB 1314 passed second reading on Friday. This bill pulls the teeth out of the immigration verification bill passed in the special session last year. That bill, HB06S-1023, was touted by the sponsor (Speaker Romanoff) as the "toughest immigration verification bill in the country" because it created a strict list of required documents for verifying legal status in order to receive benefits from the state.
The only exception in the bill was to allow the Department of Revenue to develop "emergency rules" for seven months (until March 1, 2007) to add other documents to the list of allowable documents for verifying legal status for receiving state benefits.
Now, just seven months later, HB 1314 gives the executive branch permanent authority to add other documents to the list, thus changing the "toughest law in the country" into a law that allows the Department of Revenue do anything they want.
Increasing the renewable energy standards for utilities hit the House floor on Friday. HB 1281 doubles the standard to 20% and forces REA's into the mandated system as well (under Amendment 37 they can currently opt out by a vote from their customers.)
At best HB 1281 will have very little effect, even as the current implementation of renewable systems are already running way ahead of the Amendment 37 mandates. Unfortunately, if this mandate really does end up driving the utility industry faster than prudent economic plans would dictate, two things will happen. First it will drive up the costs for the consumer. Second, it will require the utilities to put in systems that are not ready for long term, efficient use.
As is often the case, this public policy is not leading the way, it is following the trends and making it more difficult for utilities to provide the best prices and services for their customers.
Rather than passing the strict mandates of 1281, if we would concentrate on permissive policies that incentivize the use of renewables and let free market dynamics drive the process we would be better off. It appears, however, that the majority will continue to distort sound market decisions with more government mandates like HB 1281.
Thursday, February 22
In the House State Affairs committee HB 1314 was passed. This bill significantly pulls the teeth out of the immigration verification bill passed in the special session last year. That bill, HB06S-1023, was touted by the sponsor (Speaker Romanoff) as the "toughest immigration verification bill in the country" because it created a strict list of required documents for verifying legal status in order to receive benefits from the state.
One other exception was allowed: the executive branch was given the authority to develop "emergency rules" to add other documents to the list of allowable documents for verifying legal status for receiving state benefits.
HB 1314 gives the executive branch ongoing authority to add other documents to the list.
In addition State Affairs killed my bill lowering the state income tax to 4.33% in order to return to the people the additional two billion dollars the state is projected to collect from Referendum C dollars beyond the Blue Book advertised amount of $3.7 billion.
Wednesday, February 21
In the House Finance committee several good tax relief bills were killed. With the exception of one bill where one Democrat voted yes, all bills were killed on party-line votes. The bills killed are listed below:
HB 1191 would have exempted personal business property taxes for new businesses engaged in the alternate energy industry.
HB 1188 would have created income tax credits for businesses that create new, above-average paying jobs.
HB 1273 would have made all medical expenses deductible from income which is subject to Colorado state income taxes. Currently Federal income tax code excludes the first several thousand dollars of medical expenses from being a deductible expense. Since Colorado state income tax follows Federal tax policy, HB 1273 is needed to pull Colorado tax policy out of this unjust Federal tax policy.
Tuesday, February 20
In third reading the house gave final approval of HB 1080, which will create a new state protected profession: art therapists.
The fireworks ban bill, HB 1092 was passed in third reading.
SB 20 passed third reading
Monday February 19
Presidents Day holiday, the legislature did not meet.
Friday February 16
HB 1092 will allow counties increase their regulation of fireworks in unincorporated areas. After much debate it was passed in second reading by essentially a party-line vote. This bill would empower counties ban the sale, use and possession of fireworks.
SB 20 will require the commissioner of education to have an advanced degree. The original bill required them to have an advanced degree in education, but with a tight vote for an amendment (34-30) that was pulled out. This bill still limits the authority of the State Board of Education, who appoints the commissioner.
HB 1041 would have required the State Board of Education to have a super majority pass all waiver requests. The bill was killed by division in second reading
Thursday February 15
In State Affairs my bill which would have required a super majority from both houses for all fee increases was killed by a party-line vote.
Wednesday February 14
HB 1011 expands the "make my day" law to include the right to defend with deadly force in a place of business. The bill passed with all Republicans supporting it by a total vote of 34 - 30.
Monday February 12
In third reading in the House HB 1078 passed.
HB 1165 exempts buildings used for agricultural purposes unless a county specifically opts those buildings back into the code requirements.
In second reading HB 1080 was presented. It will regulate "art therapists." After some debate (which I initiated) the bill was laid over.
Friday February 9
HB 1078 will allow counties to require building contractors to be licensed to work in unincorporated areas. This means more fees, more forms and higher costs for anyone hiring a building contractor. Already building permits are required in most circumstances, so local building departments already have direct oversight of building projects. HB 1078 is one more step of control over the private sector. It adds one more layer of bureaucracy on the building industry.
Thursday February 8
After a spirited debate, with members on the left side of the Democratic Party protesting, SJR 11 was passed, with 12 of those Democrats opposing the resolution. This resolution honored President Ronald Reagan.
In the House State Affairs HB 1007 would make it illegal for illegal aliens to be in Colorado. Incredibly, it is not against any Colorado law to be in the state if one entered the country illegally. This bill was defeated on a party-line vote.
Like HB 1007, HB 1138 died on a party-line vote. This bill required proof of citizenship to register to vote.
Tuesday February 6
HB 1149 is a good step forward in enfranchising our military in combat zones. It came out of the direct experience of our Secretary of State, Mike Coffman. He was not able to vote in 2005 while, ironically, as a Marine, he was working with the voting process in Iraq. HB 1149 clears up some hurdles the military can face in voting back home. This bill will also make it easier for U.S. citizens who grew up abroad, such as children of missionaries, to register to vote.
Monday, February 5
HB 1026 passed third reading.
HB 1102, concerning the nursing peer health assistance diversion program, authorizes a 278% fee increase for the program, which will be assessed on all registered nurse license renewals. HB 1102 passed third reading.
SB 026 will authorize local school districts to seek bond elections for full-day kindergarden programs. This is the next step in the plan to take young children away from their parents at earlier and earlier ages. Coupled with the P-16 concept, the intent is very clear. This also sets up the state to eventually be required to fund full day kindergarden, because the state constitution requires an equal education for all children. SB 026 passed second reading.
Friday, February 2
HB 1026 will allow Colorado State University to mandate medical insurance for graduate students. HB 1026 is another winner of the upside down award. The bill summary says it will prevent schools from requiring undergraduates to carry medical insurance, but that is already the law. The only change HB 1026 makes is to allow a mandate to be put on graduate students.
In preparation for this measure on Wednesday I drove up to CSU for a public meeting on HB 1026. I had requested the school conduct this "town hall" concerning HB 1026 because I wanted to know what the students thought. After a lengthy presentation by the school administration, over 60% of the students attending the meeting still opposed HB 1026. HB 1026 will drive up the overall cost of graduate school at CSU and drive away those students who can now just barely afford to stay in school. This is a bad bill that I opposed and as best I can tell, most CSU students who understand it oppose the bill as well. It passed second reading today.
In the Finance committee HB 1135 was killed. This bill was a serious attempt to reduce property tax and fund highway construction with a portion of future oil shale severance taxes. Tax relief is always a freedom issue.
Thursday, February 1
In 2003 the concealed carry law was passed, creating a statewide system for issuing permits for carrying concealed weapons. A compromise within that original measure was to temporarily list permit holders in the statewide database that is also used for tracking felons, outstanding warrants, etc. The use of the database, and specifically the names loaded into that database were intended to be their temporarily, because the law called for the system to be eliminated on July 1, 2007. The law also clearly states that all names loaded into the database are to be removed before July 1, 2007.
HB 1147 will make the database permanent and strip away the requirement to remove current permit holders from the database. Despite stout opposition from several of us, HB 1147 passed the House third reading. With the exception of the sponsor, Rep. White, who is a Republican, no other Republicans voted for the bill.
Wednesday, January 31
In 2003 the concealed carry law was passed, creating a statewide system for issuing permits for carrying concealed weapons. A compromise within that original measure was to temporarily list permit holders in the statewide database that is also used for tracking felons, outstanding warrants, etc.. The use of the database, and specifically the names loaded into that database were intended to be their temporarily, because the law called for the system to be eliminated on July 1, 2007. The law clearly states that all names loaded into the database are to be removed before July 1, 2007.
HB 1147 will make the database permanent and strip away the requirement to remove current permit holders from the database. Despite stout opposition from several of us, HB 1147 passed the House second reading.
Monday, January 29
HB 1050 passed third reading
Friday, January 26
HB 1050 passed second reading. This bill does not directly affect individual freedoms, but it weakens our state's policy to honor the Colorado and U. S. flags. The bill has some small improvements to state flag policy, such as allowing a POW-MIA flag to be flown, but at the same time it removed a major part of the state's flag policy.
Currently no flag but the U. S. and Colorado flags may be on permanent display anywhere on state buildings and grounds. HB 1050 shrinks that requirement to permanent flagstaffs only, thus allowing any flag to be displayed on all other parts of state buildings and grounds.
This means that any flag would be okay if permanently hung out a window, attached to a wall, etc, etc.
Thursday, January 25
In State Affairs Committee Rep. Bob Gardner's bill, HB 1032, which eliminated a small filing fee for manual filing of campaign contribution reports was struck down in a party-line vote, 7 to 3. Rep Lambert's bill, HB 1116, prohibiting government wage deductions for political purposes was also killed by the same party-line vote of 7 to 3.
Monday, January 22
HB 1072 passed with no Republicans voting for it.
Friday, January 19
This was the first day of substantive floor action. The majority party led with one of their biggest bills of the year, HB 1072.
HB-1072 will strip away many rights individual workers and business owners have and turn them over to the labor unions. It is an extreme, left wing takeover of business-labor relations in Colorado. HB-1072 significantly changes the process for unionization votes, making it much easier for a small group of employees to force unionization on their fellow employees and their employer. HB 1072 takes away the current requirement of a two vote process, including the secret ballot portion, to force all employees to pay union dues, even if they are not union members. This will discourage businesses from locating or expanding in this state and drive up the cost of living for every Coloradan.
HB 1072 passed the House second reading on a party-line vote.
< Back to 2007 Session
2007 Freedom Watch
Home / The Issues / Archives / 2007 Session
So much that happens at the legislature happens in very small steps, but each step leads in a clear direction. Far too often that direction is for more government control of private businesses, individual citizens and families.
2007 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 2007.
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 2007 session, with the latest entry at the top of the page:
2007 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 2007.
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 2007 session, with the latest entry at the top of the page:
May
Wednesday, May 2In third reading the following bills passed:
SB 86 authorizes a war on terror fallen heroes memorial.
SB 36 mandates mental health coverage for medical insurance policies, which will drive up the cost of medical insurance.
SB 84 regulates interior designers.
SB 57 regulates "debt-settlement services" businesses.
In second reading the following bills passed:
SB 228 creates another layer of government to monitor government contracts. The American Federation of State, County and Municipal Employees union, who supported the bill called it an anti-privatization bill.
SB 123 regulates elevators and escalators.
SB 203 regulates mortgage brokers.
SB 211 sets up a committee to promote expanding medicaid coverage for children with the goal of insuring all children in Colorado (socialized medicine.)
SB 249 regulates "settlement service providers."
Tuesday, May 1
In third reading SB 25 was moved. An amendment was offered to exclude the listing of "religion" from the reasons an employer cannot discriminate in employment decisions. The bill was then laid over to later in the day... In the afternoon SB 25 was brought back. It passed.
The following bills were reconsidered after Senate amendments and all were re-passed by the House:
HB 1249 increases regulations on movers of household goods.
HB 1081 regulates powersports vehicles.
HB 1288 increases fees on waste tires and uses the money for some purposes that have no reasonable relationship to waste tires, thus really making it a tax increase.
SB 220 authorizes fees of over $20,000 on irrigation wells for 130 acre pivots in the San Luis Valley.
In second reading in the afternoon SB 222 stripped $30 million from transportation funding for capitol construction projects.
SB 36 passed, mandating many group medical insurance policies to carry mental health coverage, effectively driving up the cost of medical insurance.
SB 84 regulates interior designers. It passed second reading.
SB 57 regulates debt-settlement services businesses. It passed second reading.
April
Monday, April 30After lengthy debate SB 25 was approved in second reading. This bill adds the words "sexual orientation" to the list of reasons an employer cannot discriminate in hiring decisions. It exempts religious organizations, but only if that organization has no association with any public funds. The bill also adds the word "religion" to the list of reasons an employer cannot discriminate in hiring decisions.
SJR 31 passed the House. This bill calls for the reduction of "unintended pregnancies." The biggest problem is that the resolution endorses legalized abortion, thus ignoring the basic right to lofe for the millions of unborn children who have been and, regretfully, will lose their lives through legal abortion.
Friday, April 27
SB 199 is the school finance act. It passed third reading in the House. Most significantly, this bill contained a fundamental change to how property taxes are calculated, which will drive the second largest tax increase in Colorado's history (second only to Referendum "C".) Despite the attorney general's opinion that the legislature does not have the authority to impose this tax increase without a vote of the people, the House passed SB 199. The new property tax mechanism will essentially lock school property tax assessments to the inflation of property values. Had this taxing system been in place over the past ten years school property taxes would today be double and triple what they are today. If the governor signs this bill, that is what can easily happen for future years.
Wednesday, April 25
HB 1219 passed third reading, authorizing special districts to levy a sales tax, with a lifting of the sales tax cap, with a vote of the people.
Monday, April 23
HCR 1001 passed the House on third reading by a two-thirds vote. HCR 1001 puts a question on the ballot to restrict the ability of the people to amend the state constitution.
Thursday, April 19
SB 24 passed third reading. SB 24 regulates athletic trainers.
Wednesday, April 18
On third reading HB 1131 passed third reading. HB 1131 regulates hemodialysis technicians.
HB 1323 passed third reading. This bill is concerning campaign financing law. It ignores the definition of a "person" in the Colorado constitution, treating LLCs as something other than the consititutionaly proscribed definition.
HB 1347, after being in the Senate, was voted on again and passed again. This bill expands the immunization tracking system.
Friday, April 13
Friday may have been the best day for the session, primarily because we did no harm. Both the House and the Senate leadership decided to not meet because of the anticipated "blizzard" that never arrived.
Thursday, April 12
In the good news column there was the battle over SB 151, the primary seat belt law. This bill would have made it a primary offence for driving without a seat belt. That means that law enforcement could pull over any motorist suspected of not wearing a seat belt. Seat belts are an important safety feature, but as a primary offense this law troubles many as another nanny bill that jeopardizes our civil liberties. As has happened in the two previous sessions, the bill lost by the narrowest of margins. Some times good news comes in small packages, this time it was two more votes than the other side.
Wednesday, April 11
In second reading HB 1329 passed. This bill includes several new fees and upto 40% increases in existing fees for drinking water and waste water systems, including a new $28 fee on individual septic systems.
HB 1344 authorizes local governments to seek a sales tax of up to 2% and raises the total sales tax cap by an additional .5%. HB 1344 passed second reading.
HB 1355 removes the small business medical insurance rate banding, requiring all insurance rates for these policies to be set at the same rate. In 2003 we created rate banding to allow insurance rates to be set according to the risk assesed for that policy, with a limt of no more than 10% higher or 25% lower than the standard rate. This put some market forces in these insurance rates. HB 1355 passed second reading.
Monday, April 9
HB 1292 came back from the Senate with an amendment. This I put in bold, for the amendment is a good thing. It allows a school district to teach an abstinence-only sex education course if there are Federal funds involved.
The amendment points out clearly the basic problem of HB 1292, for all school districts should be able to choose an abstinence-only course. Now, under HB 1292, we will have an unequal system where abstinence-only teaching is only allowed if we can draw down Federal funds.
The only other good news to this final vote on HB 1292 was that we picked up a few more votes against the measure. It passed on a virtual party-line vote (one D and one R flipped).
Thursday, April 5
The long bill passed third reading.
The House also debated Senate Joint Memorial 2. This is concerning the Iraq war. It is a not so veiled attempt to cut-and-run. The House, of course, supported it by a party-line vote.
Wednesday, April 4
SB 239 was up for second reading today. This is the Long Bill, the major budget bill for next year's fiscal year. The total spending for next year is over $17.8 billion.
I submitted four amendments, all were defeated.
The first was a footnote calling for the state to not fund programs that are directly or indirectly funding abortions, as the Colorado constitution requires in Article five, Section 50.
The next amendment required a 1% reduction of all discretionary parts of the General Fund.
The next amendment required a .25% reduction of all discretionary parts of the General Fund.
The next amendment required a .1% reduction of all discretionary parts of the General Fund.
Not even one tenth of one percent... we continue to have a spending crisis in state government.
Monday, April 2
HB 1229, increasing the fine for not using tire chains by P0 passed third reading.
HB 1288 passed thirds, the bill increases the fee on used tires by $.50, increases the fee on using a landfill, creates a new fee on owners of landfills and creates a new commission to regulate waste disposal and recycling issues.
March
Friday, March 30On Thirds HB 1019 increases the regulation of limosine businesses and slaps a $5000 application fee on them.
The two good bills expanding certain sales tax exemptions for businesses, HB 1277 and HB 1279, passed third reading.
In second reading HB 1209, which passed, added .5 FTE and spends $29,073 for a new program "to offer technical assistance to historically underutilized businesses" to get government contracts.
HB 1229 increases the fines for truckers not chaining up in snowstorms by 500%.
HB 1288 increases the fee on used tires by $.50, increases the fee on using a landfill, creates a new fee on owners of landfills and creates a new commission to regulate waste disposal and recyling issues.
Thursday, March 29
SB 117 and HB 1338 passed third reading.
Two good bills passed second reading. They both expand certain sales tax exemptions for business. HB 1277 and HB 1279.
Wednesday, March 28
SB 124, which includes a redefining of the family to include any group of people who live in the same house, passed third reading.
SB 34 passed third reading. This bill eliminates the state of Colorado honoring concealed carry permits from other states.
In second reading two big trial lawyer bills passed. SB 117 removes the requirement that the loser pays court costs for employment lawsuits if it is the employee who loses the claim. The employer would still be liable for paying if they lose the suit. The other bill is HB 1338. This bill strips away warranty limitations in housing construction contracts.
Tuesday, March 27
In the State Affairs Committee SB 135 passed. This bill creates a fee on bingo halls and the charities that use for halls for fundraisers. The fee, which will raise from $100,000 to $125,000 per year, will be collected by the Secretary of State's office to be used for marketing the bingo industry. This means the state is going into the business of promoting bingo gambling halls.
Monday, March 26
On third reading HB 1249 increased regulations on house movers and HB 1081 created a brand new regulated industry, that being the sale and service of powersports vehicles (off road motorcycles, snowmobiles, water sports machines, etc.)
HB 1347 passed third reading.
On second reading SB 34 passed, removing some concealed weapons permit rights.
SB 124 passed, which concerns the "Colorado Housing and Finance Authority Act." The problem is they are insisting on changing the definition of the word "familiy" in the law to mean any group of people who live in one house. The amendment to remove the offensive language was defeated.
Friday, March 23
HB 1341 passed third reading. This is one more hard left turn for this year's legislative session.
HB 1069 passed second reading in an amended form. It is intended to stand up for the property rights of several communities in Southeastern Colorado who are threatened by a proposal to expand an army training ground by about 400,000 acres. This is a tough bill that runs the risk of slapping at the military, which many of us have no intention of doing. None-the-less, it is also a solid way for the legislature to defend individual roperty rights.
HB 1347 passed second reading. This bill rewrites the laws concerning the immunization tracking system. The tracking system is a database that permanently tracks all children (but the law is so open-ended on age requirements that it might be a system that includes adults as well.) The personal information is taken from birth certificates, hospitals, schools, medical insurance companies, doctors offices and anywhere else they can gather it. In second reading the sponsor insisted that participation in the database is voluntary, but I have found that it is not so. Once a person's name is entered into the system there is no provision for removing their name from the system. If one "opts out" it simply means their vaccination records are removed and they are then listed as one who objects to having their immunization records in the system. This is deeply troubling for many parents and individuals who have personal objections with the aggressive immunization regimen that the state requires. HB 1347 is an expansion of the big brother government policies of the immunization tracking system.
HB 1081 creates a new regulated business category: power sports dealers. This puts that much more of our private economy under the thumb of our command and control, government mandated economic system.
The Senate supported the House position on HB 1208.
Thursday, March 22
The big bill on second reading was HB 1341, concerning the Oil and Gas Commission.
This bill is, as the proponents said at the mic, an historic change in Colorado's oil and gas policy. The bill changes the composition of the commission, shifting the commission membership from those who understand the industry toward those who, at best do not know the industry or, at worst, are special interests who oppose oil and gas development. This might even open the door for environmental extremists to run our oil and gas policies.
Most telling to me in this bill is the way the purpose of the commission is being changed. This bill is stripping out the words "encourage and promote" from the statement that deals with the development of the oil and gas industry. When I tried to amend the words back into the bill I was told that removing "encourage and promote" is an essential part of the bill. As I see it, encourage and promote are being trumped by command and control.
No longer will state policy encourage and support the largest industry in the state that 70,000 jobs depend upon. With HB 1341 we are replacing encourage and support with a system of command and control.
Nor will we encourage and support the development of our tremendous natural resources of energy, which could make Colorado a world-class leader in energy production and the front-line for our nation's drive for energy independence. We are replacing a policy of encouraging and promoting with a command and control policy that will trade out the bright prospects for our state's prosperity for a dim future of economic malaise.
HB 1341 is another dangerous lurch to the left for Colorado. Instead of having a reasonable debate and ending up with balanced combination of the differing perspectives in our state, HB 1341 is the heavy handed force of command and control. No amendments of any significance were allowed and the bill passed on a party-line vote.
Wednesday, March 21
The House voted, 63 -1 to adhere to the House position on 1208, thus keeping intact the original, free-market principles of this gas and prescription drug discount bill.
Monday, March 19
HB 1221, HB 1219 and HB 1311 all passed third reading (see March 16 second readings for descriptions.)
Friday, March 16
In third reading the following bills that passed should be noted:
SB 45 REDUCED the fee for copies of public records from a cap of $1.25 to a cap of $.25.
HB 1037 will potentially increase the cost of gas utility bills by at least .5% because the bill directs gas utilities to use at least that much of their revenues for energy saving subsidy programs.
SB 153 authorizes local health officials to create and enforce quarantines on their own.
In second reading:
HB 1221 passed, authorizing increased fees for hospitals.
HB 1219 passed, authorizing local health districts to seek sales tax support and removing the cap on such sales taxes.
HB 1311 streamlines the regulatory process for creating new regulated professions and removes the limit of considering no more than five new regulated professions per year.
Finally, HB 1281 came back from the senate for final passage. It doubles the renewable energy standards for utilities and forces REA's into the system. HB 1281 passed.
Wednesday, March 14
Both HB 1304 and HB 1330, discussed below, passed third reading.
For a little good news, in Finance committee two bills which are good ideas passed!
HB 1325 will increase the allowable exemption for personal business property taxes from the current $2500 to $4500, and then increasing by steps to $7000. SB 45 reduces a fee. Allowable fees for paper copies from county clerks will be reduced from $1.25 to $.25.
Tuesday, March 13
SB 23 is another nanny bill that overrides some parental authority by restricting minors from tanning bed systems.
HB 1019 is another upside-down award. The title says: "Concerning the public utilities commission's duty to promulgate rules regulating carriers exempt from regulation as a public utility"... huh? It really changes some rules for limousine services and slaps a $5000 fee for the license!
HB 1037 is another subtle title (read upside-down candidate.) This one says: "CONCERNING MEASURES TO PROMOTE ENERGY EFFICIENCY, AND MAKING AN APPROPRIATION THEREFOR." This authorizes another fee on gas utilities. The amount is unspecified, but it is to be at least .5% of the utility's revenues. The amount is to be used for grants (subsidies) for energy saving improvements.
Finally, two big bills came up on second reading. The first is HB 1304 which, in my opinion, ignores the plain language of Amendment 41 (bad language, but none-the-less quite clear) and "implements" Amendment 41 with statues that violate the plain language. The Rocky Mountain News calls it "The Grand Sham." It passed handily.
The other is HB 1330 will allow any two adults, regardless of their gender or
relationship, to adopt children together.
Not only is this allowing same-sex couple adoptions, in direct
defiance of what the voters rejected last November, it is also
creating a completely new paradigm of what the family is viewed as in
Colorado law.
No longer is a family a mom and a dad and their children. A family
will now become any two adults of any combination. This is extreme
social change that should not become a part of Colorado law.
Monday, March 12
SB 111, SB 149, and SB 22 all passed third reading
In second reading SB 148 came through. It expands college courses for high school students, a good thing, but amendments to not allow illegal aliens from receiving the public funds for college was rejected. This bill became a mechanism for skirting around the state's policy of not allowing state support for a college education for anyone here illegally.
Friday, March 9
In second reading three bills came up, one after the other, raising taxes, fees and putting in place a back door tax on utility customers.
The first, SB 111 allows local municipalities to exceed the sales tax caps for lodging taxes. It will take a local vote to put the tax in place, but the legislature took the first step in making this new tax a reality.
Next came SB 149, doubling the allowable fees on liquor licenses, essentially from $500 to $1000.
Finally SB 22 directs the Public Utilities Commission to create a tiered rate structure to lower rates for low income households, the difference of which which will then be assessed on everyone else with higher rates. Charity for lower income people is a good thing, but forcing that charity out of everyone else through their payments to a private company is nothing more than a devious back-door tax. This bill also deserves the upside-down award.
Wednesday, March 7
In Finance Committee HB 1221 passed on a party-line vote. This bill will disengage the legislature from setting fees for hospital and medical clinic inspection fees, allowing the Health Department to raise the fees as high as they wish.
Tuesday, March 6
In third reading the executive department's supplemental, SB 162, passed. It was, however, much more than a supplemental funding bill. This also authorized a $750,000 project for the governor to create a study of government efficiencies. If the legislature was to fund this expensive study, it should have been in a bill that specifically authorized it. This smells too much like the "earmarks" that Congress has become too familiar with. It is also ironic that so much will be spent on studying the subject of saving money in government spending...
Monday, March 5
HB 1313 passed third reading. This has proved to be an elusive bill. Elusive, in that it is hard to find the real meaning of the bill. As stated in the March 2 entry, it supposedly creates a clear list of allowable documents, but the bill also assumes that the department can add any other documents they choose.
HB 1330 was introduced today. This is the "two mommy bill" that has been before us several times before. The difference this time is that they probably have the votes to get it passed, despite the defeat of Referendum I last fall.
Friday, March 2
The sex ed bill that would have changed the opt in system to an opt out system, HB 1300, was killed by the request of the sponsor.
HB 1313 passed second reading. This bill could be a good clarification of what documents are required for getting an ID or drivers license, but it has one fatal flaw: just like HB 1314, it gives the Revenue department the authority to add any other documents they want as well. Specifically, for establishing identity, the department can add any other documents they consider appropriate. This detail makes a bill that should be creating a list of verifiable documents for establishing identity into a bill that has a huge loophole. Even as the sponsor has assured me, I trust the Senate will close that loophole.
Thursday, March 1
In State Affairs HJR 1019 and HB 1304 passed. These measures are trying to deal with the problems of the gift limits of Amendment 41. The problem is they are trying to twist what that part of the Colorado Constitution says. It is unfortunate that there are harsh bans on gifts for most government employees, but it is compounding the problem by trying to unconstitutionally revise the law.
February
Wednesday, February 28On third reading HB 1119 passed. It will double certain fees paid to the county clerks
HB 1248 passed third reading, creating a $1,000,000 program.
SB 16 further eroded parental authority by lowering the compulsory school age from seven to six. SB 16 passed third reading.
HB 1269 tightened the noose of the smoking ban by eliminating the exemption for casinos. It passed third reading.
HB 1292 also passed third reading. This bill establishes statewide standards for sex education courses. It encourages abstinence (after I ran an amendment making that detail very clear.) So far, so good, but the bill also mandates the teaching of contraceptives and other safe sex techniques. This means that school districts can not teach abstinence only.
SJR 12 is a resolution that passed the House which called for the government to insure all uninsured children in Colorado.
Tuesday, February 27
HB 1300 would have further eroded parental authority by shifting public school sex education programs from an opt-in to an opt-out system. Today, parents must sign a form for students to receive these courses. 1300 would give the courses unless the parents requested otherwise. After much behind the scenes discussions, 1300 was pulled from the calendar.
HB 1117 passed second reading. This bill also usurps parental authority by making helmets mandatory for anyone under 18 on or operating a motorcycle.
In Finance Committee HB 1219 passed. This bill authorizes the formation of local health districts with the power to impose sales and property taxes for funding (with a vote of the people.) The concerns I have is the increases in sales taxes can exceed state imposed caps on sales tax levels and the election to authorize the taxes can be held at times other than during general elections. When these special elections are held the advocates for the tax increases gain an advantage over the average citizen who is not as motivated to oppose the tax as the proponents are motivated to promote the tax.
Monday, February 26
In a close vote of 34-30, HB 1036 passed third reading, restricting the power of Eminent Domain over water rights.
HB 1281 passed third reading, doubling the renewable energy standard for utilities to 20% and forcing rural electric associations into the standards.
The changes to the Unfair Practices Act in HB 1208 passed third reading by a solid majority of 60-4. This bill, of which I am a prime sponsor, allows free market pricing of products and services in Colorado.
HB 1314 passed third reading.
In second reading, SB 16 passed. This bill further limits parental authority by lowing the compulsory attendance age from 7 to 6.
HB 1119 passed second reading. This bill doubles certain fees paid to county clerks.
Friday, February 23
HB 1314 passed second reading on Friday. This bill pulls the teeth out of the immigration verification bill passed in the special session last year. That bill, HB06S-1023, was touted by the sponsor (Speaker Romanoff) as the "toughest immigration verification bill in the country" because it created a strict list of required documents for verifying legal status in order to receive benefits from the state.
The only exception in the bill was to allow the Department of Revenue to develop "emergency rules" for seven months (until March 1, 2007) to add other documents to the list of allowable documents for verifying legal status for receiving state benefits.
Now, just seven months later, HB 1314 gives the executive branch permanent authority to add other documents to the list, thus changing the "toughest law in the country" into a law that allows the Department of Revenue do anything they want.
Increasing the renewable energy standards for utilities hit the House floor on Friday. HB 1281 doubles the standard to 20% and forces REA's into the mandated system as well (under Amendment 37 they can currently opt out by a vote from their customers.)
At best HB 1281 will have very little effect, even as the current implementation of renewable systems are already running way ahead of the Amendment 37 mandates. Unfortunately, if this mandate really does end up driving the utility industry faster than prudent economic plans would dictate, two things will happen. First it will drive up the costs for the consumer. Second, it will require the utilities to put in systems that are not ready for long term, efficient use.
As is often the case, this public policy is not leading the way, it is following the trends and making it more difficult for utilities to provide the best prices and services for their customers.
Rather than passing the strict mandates of 1281, if we would concentrate on permissive policies that incentivize the use of renewables and let free market dynamics drive the process we would be better off. It appears, however, that the majority will continue to distort sound market decisions with more government mandates like HB 1281.
Thursday, February 22
In the House State Affairs committee HB 1314 was passed. This bill significantly pulls the teeth out of the immigration verification bill passed in the special session last year. That bill, HB06S-1023, was touted by the sponsor (Speaker Romanoff) as the "toughest immigration verification bill in the country" because it created a strict list of required documents for verifying legal status in order to receive benefits from the state.
One other exception was allowed: the executive branch was given the authority to develop "emergency rules" to add other documents to the list of allowable documents for verifying legal status for receiving state benefits.
HB 1314 gives the executive branch ongoing authority to add other documents to the list.
In addition State Affairs killed my bill lowering the state income tax to 4.33% in order to return to the people the additional two billion dollars the state is projected to collect from Referendum C dollars beyond the Blue Book advertised amount of $3.7 billion.
Wednesday, February 21
In the House Finance committee several good tax relief bills were killed. With the exception of one bill where one Democrat voted yes, all bills were killed on party-line votes. The bills killed are listed below:
HB 1191 would have exempted personal business property taxes for new businesses engaged in the alternate energy industry.
HB 1188 would have created income tax credits for businesses that create new, above-average paying jobs.
HB 1273 would have made all medical expenses deductible from income which is subject to Colorado state income taxes. Currently Federal income tax code excludes the first several thousand dollars of medical expenses from being a deductible expense. Since Colorado state income tax follows Federal tax policy, HB 1273 is needed to pull Colorado tax policy out of this unjust Federal tax policy.
Tuesday, February 20
In third reading the house gave final approval of HB 1080, which will create a new state protected profession: art therapists.
The fireworks ban bill, HB 1092 was passed in third reading.
SB 20 passed third reading
Monday February 19
Presidents Day holiday, the legislature did not meet.
Friday February 16
HB 1092 will allow counties increase their regulation of fireworks in unincorporated areas. After much debate it was passed in second reading by essentially a party-line vote. This bill would empower counties ban the sale, use and possession of fireworks.
SB 20 will require the commissioner of education to have an advanced degree. The original bill required them to have an advanced degree in education, but with a tight vote for an amendment (34-30) that was pulled out. This bill still limits the authority of the State Board of Education, who appoints the commissioner.
HB 1041 would have required the State Board of Education to have a super majority pass all waiver requests. The bill was killed by division in second reading
Thursday February 15
In State Affairs my bill which would have required a super majority from both houses for all fee increases was killed by a party-line vote.
Wednesday February 14
HB 1011 expands the "make my day" law to include the right to defend with deadly force in a place of business. The bill passed with all Republicans supporting it by a total vote of 34 - 30.
Monday February 12
In third reading in the House HB 1078 passed.
HB 1165 exempts buildings used for agricultural purposes unless a county specifically opts those buildings back into the code requirements.
In second reading HB 1080 was presented. It will regulate "art therapists." After some debate (which I initiated) the bill was laid over.
Friday February 9
HB 1078 will allow counties to require building contractors to be licensed to work in unincorporated areas. This means more fees, more forms and higher costs for anyone hiring a building contractor. Already building permits are required in most circumstances, so local building departments already have direct oversight of building projects. HB 1078 is one more step of control over the private sector. It adds one more layer of bureaucracy on the building industry.
Thursday February 8
After a spirited debate, with members on the left side of the Democratic Party protesting, SJR 11 was passed, with 12 of those Democrats opposing the resolution. This resolution honored President Ronald Reagan.
In the House State Affairs HB 1007 would make it illegal for illegal aliens to be in Colorado. Incredibly, it is not against any Colorado law to be in the state if one entered the country illegally. This bill was defeated on a party-line vote.
Like HB 1007, HB 1138 died on a party-line vote. This bill required proof of citizenship to register to vote.
Tuesday February 6
HB 1149 is a good step forward in enfranchising our military in combat zones. It came out of the direct experience of our Secretary of State, Mike Coffman. He was not able to vote in 2005 while, ironically, as a Marine, he was working with the voting process in Iraq. HB 1149 clears up some hurdles the military can face in voting back home. This bill will also make it easier for U.S. citizens who grew up abroad, such as children of missionaries, to register to vote.
Monday, February 5
HB 1026 passed third reading.
HB 1102, concerning the nursing peer health assistance diversion program, authorizes a 278% fee increase for the program, which will be assessed on all registered nurse license renewals. HB 1102 passed third reading.
SB 026 will authorize local school districts to seek bond elections for full-day kindergarden programs. This is the next step in the plan to take young children away from their parents at earlier and earlier ages. Coupled with the P-16 concept, the intent is very clear. This also sets up the state to eventually be required to fund full day kindergarden, because the state constitution requires an equal education for all children. SB 026 passed second reading.
Friday, February 2
HB 1026 will allow Colorado State University to mandate medical insurance for graduate students. HB 1026 is another winner of the upside down award. The bill summary says it will prevent schools from requiring undergraduates to carry medical insurance, but that is already the law. The only change HB 1026 makes is to allow a mandate to be put on graduate students.
In preparation for this measure on Wednesday I drove up to CSU for a public meeting on HB 1026. I had requested the school conduct this "town hall" concerning HB 1026 because I wanted to know what the students thought. After a lengthy presentation by the school administration, over 60% of the students attending the meeting still opposed HB 1026. HB 1026 will drive up the overall cost of graduate school at CSU and drive away those students who can now just barely afford to stay in school. This is a bad bill that I opposed and as best I can tell, most CSU students who understand it oppose the bill as well. It passed second reading today.
In the Finance committee HB 1135 was killed. This bill was a serious attempt to reduce property tax and fund highway construction with a portion of future oil shale severance taxes. Tax relief is always a freedom issue.
Thursday, February 1
In 2003 the concealed carry law was passed, creating a statewide system for issuing permits for carrying concealed weapons. A compromise within that original measure was to temporarily list permit holders in the statewide database that is also used for tracking felons, outstanding warrants, etc. The use of the database, and specifically the names loaded into that database were intended to be their temporarily, because the law called for the system to be eliminated on July 1, 2007. The law also clearly states that all names loaded into the database are to be removed before July 1, 2007.
HB 1147 will make the database permanent and strip away the requirement to remove current permit holders from the database. Despite stout opposition from several of us, HB 1147 passed the House third reading. With the exception of the sponsor, Rep. White, who is a Republican, no other Republicans voted for the bill.
January
Wednesday, January 31
In 2003 the concealed carry law was passed, creating a statewide system for issuing permits for carrying concealed weapons. A compromise within that original measure was to temporarily list permit holders in the statewide database that is also used for tracking felons, outstanding warrants, etc.. The use of the database, and specifically the names loaded into that database were intended to be their temporarily, because the law called for the system to be eliminated on July 1, 2007. The law clearly states that all names loaded into the database are to be removed before July 1, 2007.
HB 1147 will make the database permanent and strip away the requirement to remove current permit holders from the database. Despite stout opposition from several of us, HB 1147 passed the House second reading.
Monday, January 29
HB 1050 passed third reading
Friday, January 26
HB 1050 passed second reading. This bill does not directly affect individual freedoms, but it weakens our state's policy to honor the Colorado and U. S. flags. The bill has some small improvements to state flag policy, such as allowing a POW-MIA flag to be flown, but at the same time it removed a major part of the state's flag policy.
Currently no flag but the U. S. and Colorado flags may be on permanent display anywhere on state buildings and grounds. HB 1050 shrinks that requirement to permanent flagstaffs only, thus allowing any flag to be displayed on all other parts of state buildings and grounds.
This means that any flag would be okay if permanently hung out a window, attached to a wall, etc, etc.
Thursday, January 25
In State Affairs Committee Rep. Bob Gardner's bill, HB 1032, which eliminated a small filing fee for manual filing of campaign contribution reports was struck down in a party-line vote, 7 to 3. Rep Lambert's bill, HB 1116, prohibiting government wage deductions for political purposes was also killed by the same party-line vote of 7 to 3.
Monday, January 22
HB 1072 passed with no Republicans voting for it.
Friday, January 19
This was the first day of substantive floor action. The majority party led with one of their biggest bills of the year, HB 1072.
HB-1072 will strip away many rights individual workers and business owners have and turn them over to the labor unions. It is an extreme, left wing takeover of business-labor relations in Colorado. HB-1072 significantly changes the process for unionization votes, making it much easier for a small group of employees to force unionization on their fellow employees and their employer. HB 1072 takes away the current requirement of a two vote process, including the secret ballot portion, to force all employees to pay union dues, even if they are not union members. This will discourage businesses from locating or expanding in this state and drive up the cost of living for every Coloradan.
HB 1072 passed the House second reading on a party-line vote.
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