Printed on 1/12/12
Topics:
1. Independence Day Parade in Wellington
2. Cap and Trade in Congress
3. Bill Ritter's Car Tax
4. Obama's Supreme Court Nominee
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1. The next big parade in Larimer County will be Saturday, July 4, in Wellington. If you can, please walk with me and the Republican float in the parade. The parade begins at 10:00 AM. Look for the Republican float on the west side of town, on Wellington Blvd., where the parade organizes every year. We will be there around 8:00 AM. Wear some comfortable walking shoes and sunscreen and be prepared to have a great time! Also, please call me if you think you can join us (532-3070).
2. Yesterday the U.S. House passed Obama's cap and trade bill. Touted as an environmental issue, it is really another huge tax and power grab with questionable effects for the environment. For my full comments on this issue go to: http://www.kevinlundberg.com/TheIssues/GlobalWarming/CapandTrade/Index.html.
3. Senate bill 108 is a quarter of a billion dollar (per year) car tax. Some are calling it Bill Ritter's Car Tax.
Never in my legislative experience have I seen such a reaction from the people of Colorado after a law has taken effect. For the last several weeks hardly day goes by without at least one constituent calling me at home to complain about SB-108.
Not only do they resent the more than doubling of the cost of registering an older car, but the penalties for late registration are an incredible shock. It is a mandatory, one size fits all formula of $25/ month, up to four months ($100) for any late registration. This applies to even the little trailer you may have around that you rarely use.
How would you react if you expected a nominal ($10-30) registration cost and are handed a bill for well over $100? This late fee even applies for the months before the bill became law! Many people with multiple older vehicles or motorbikes have told me they may never register them. Others have threatened to go to another state.
But wait... there's more. SB-108 also set up a system for tolling existing roads and several new bureaucracies for administering these taxes, fines, and tolls. For all of these reasons not one Republican, in either house, voted for SB-108. We spent long hours in the Senate and the House arguing against this new car tax, but in the end the governor had the votes from his own party to pass both houses and then he signed it with great fanfare.
In the next session I will be introducing a bill to repeal parts of SB-108. I trust that the people will have, by that time, convinced enough legislators in the governor's party to agree to get rid of at least the worst parts of the Bill Ritter's Car Tax.
For more information about SB-108 go to: http://www.rscc.us/ActionAlerts/Index.html.
4. For information about President Obama's Supreme Court appointee, Sonia Sotomayor go to: www.aboutsoniasotomayor.com
and http://twitter.com/coloradojudges. One particularly troubling issue for me is her probable view on the Second Amendment: http://townhall.com/columnists/SandyFroman/2009/06/24/nra_members_must_oppose_sotomayor?page=full&comments=true.
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1. Berthoud Day Parade
2. Benefit Concert
3. Larimer Republican Flag Day Shrimp Boil
4. Supreme Court Nominee
5. Democracy or Republic?
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1. The first parade of the season will be this Saturday, June 6, in Berthoud. If you can, please walk with me and the Republican float in the parade. The parade begins at 11:00 AM. Look for the Republican float on N. 2nd street. We will organize ourselves around 10:00 AM. Wear some comfortable walking shoes and sunscreen and be prepared to have a great time!
2. I am participating in a benefit concert for Lori Rickard this Sunday evening in Loveland. Lori has been diagnosed with stage 4 breast cancer. I invite anyone who can to attend the concert and help Lori with her medical expenses.
The concert is this Sunday, June 7th, at 7:00 PM at Faith Church, 2707 Wilson Ave., Loveland. The concert is free. An offering will be taken to help with Lori's medical expenses.
3. The Larimer County Republican Party is hosting a Flag Day Shrimp Boil on Friday June 12, 2009 from 5:30 pm to 8:30 pm at the home of Don and Dianne Shannon, 630 Skysail Lane, Fort Collins. For more information go to: www.larimergop.org.
4. Much discussion is beginning (and should continue) concerning President Obama's judicial appointment, Sonia Sotomayor. www.aboutsoniasotomayor.com is a website where you can find more information on this vital subject.
5. Recently I found a good presentation on Youtube concerning the terms "democracy" and "republic" and the principles of limited government. If you have about ten minutes I recommend checking this out: http://www.youtube.com/watch?v=KFXuGIpsdE0
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I am pro-free market, pro-taxpayer, pro-limited government, pro-life, and pro-family.
Unfortunately this years legislature was not, and it was a tough year for advocates of life and liberty.
This is my seventh year in the legislature and my first year in the Senate. Despite the difficult political terrain, l very much enjoyed working in the Senate. The smaller numbers allow for more flexibility and greater opportunity to dig deeper into the issues.
On the Republican side of the isle we have a great team. We are on the same page and work well together. It is an honor to be a part of the Republican caucus in the Colorado Senate.
This year I had some success with my own legislation as two bills were signed into law. One requires readable signs for photo-radar traffic enforcement systems and the other essentially allows drill team prop rifles to be stored in students vehicles. I also co-sponsored 82 bills and resolutions and got a Memorial passed in the Senate calling for Congress to end the earmarking process. This was the final measure the Senate passed in this years general session. Bills I introduced that did not make it through included an educational tax credit bill, a transparency in new school construction measure and a bill to encourage new job production in the oil shale industry.
As chairman for the Republican Study Committee of Colorado I held several informative study sessions on economics, immigration, the budget and other issues that emphasized core Republican principles for good government. In March I helped organize a Pastors Day that brought about 150 church leaders to the capitol.
I supported policies that promote Northern Colorado businesses and my voting record proves it. For the second year in a row I was rated as 100% by the Northern Colorado Legislative Alliance (a coalition of the Fort Collins, Loveland and Greeley Chambers of Commerce).
Much of what we do in the legislature is not very controversial and consequently does not get much attention in the media. However, there are issues over which we battle and this year the over-all agenda was clearly for more taxes, bigger government and radical social changes. The constitution was ignored, unions obeyed and, even in this economic recession, next years budget is the biggest in history.
The Colorado Supreme Court ruled that the 2007 legislatures property tax increase was legal, despite the constitutional requirement for the people to vote on all increases. This year the legislature added more new taxes and some taxes they called fees, all without the peoples constitutionally required vote. These included a $41 car tax, a hospital bed tax, an increase in certain capitol gains taxes and so many more new taxes for living in Colorado that I cannot list them all here. In all, nearly a billion dollars in new taxes and fees were piled onto the people of Colorado. For a more complete picture of what happened this year go to the Freedom Watch 2009 page on my website: www.kevinlundberg.com.
The rush to ignore the constitution also stretched beyond tax increases. The legislature violated the peoples requirement to directly approve spending increases by removing the six percent limit on the growth of the general fund. This will choke off hundreds of millions of dollars from highway construction and open the floodgates for even more government programs. In the Senate we filibustered this bill for 14 hours, but in the end, by a party-line vote, it passed and the governor signed it.
When it came time to create next years budget, instead of really cutting back, like everyone one else is having to do, the legislature took $250,000,000 from cash funds, increased taxes and fees and spent all of the one-time Federal stimulus dollars they could get their hands on. We are entering the next year with virtually no reserves. Incredibly, even though this year everyone saw that we should have done this years ago, the legislature rejected my rainy-day fund proposal, again.
In addition, the governors industry-busting oil and gas regulations were approved, and medical insurance mandates were passed that, according to the legislatures own fiscal estimates, will cost families thousands more in medical insurance premiums every year. The expressed will of the people was defied with the passage of the same-sex benefits for state employees and the designated beneficiary bill. These bills essentially put into law the domestic partnership concept that the voters rejected in 2006.
Also glaring in state policy is a troubling obedience to global warming alarmists. I believe we should support renewable energy development, but not because carbon dioxide is a pollutant that is destroying the planet. Renewable energy makes sense and it can be a bright part of our future where it is cost effective. Unfortunately the legislature is following the governor's lead by assuming we have to cripple our economy with fiscally irresponsible measures that are focused on minimizing and trapping CO2.
I know that as we look forward, with all of the challenges we face in promoting good, limited government principles, it can seem daunting. However, I am still confident that most Colorado citizens, especially here in Larimer County, understand that personal responsibility and individual liberty are still essential principles for a free and prosperous land.
I believe we must defend life and liberty and I will continue to fight for your freedom to pursue your happiness and the happiness of your children and their children as you have determined, not as so many are trying to dictate down in Denver.
I will, as long as the people of Senate District 15 allow, continue to fight for pro-free market, pro-taxpayer, pro-limited government, pro-life, and pro-family principles.
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1. The End of the Session
2. Freedom Watch
3. My Resolutions in State Affairs Committee
4. Colorado's Presidential Votes
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1. The End of the Session
The session is fast drawing to a close. We must end by May 6 and many bills and resolutions remain to be heard in committees and on the floor. We are working late into the evening on most days because of the volume of what is left and the necessity to adequately debate the significant issues still on the table (I am sending this while we are still on the floor). When we are over and the dust has settled I will send out a final legislative report for this session.
2. Freedom Watch
We have seen fee increases, several medical insurance mandates driving up the cost for Colorado families, new and growing regulations, driving up the cost for Colorado businesses, and much more legislation than I can list here. That is why I recommend following my daily observations on the "Freedom Watch" page of my website. The complete address is: http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch/Index.html.
3. My Resolutions sent to State Affairs
I introduced a resolution to put the question of creating a rainy day fund in the next general election. I had enough votes in the Finance Committee, but instead the Senate President assigned it to State Affairs, dooming the measure to a committee known as the "killing committee". This was a deep disappointment. This should not be a partisan issue, it is a matter of prudent fiscal planning. It 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 have helped us prepare for the next economic downturn.
Another measure I introduced, SJM 011, called on the Federal government to adhere to the Tenth Amendment, guaranteeing all powers not delegated to the Federal government are reserved for the states and the people. On a party-line vote it was also defeated in State Affairs.
4. Colorado's Presidential Vote
HB 1299 has yet to be heard on the Senate floor. It is a very important issue that all Colorado citizens should know about and express their opinion on. Here is a letter that Senator Harvey wrote:
I'm writing to request your help on a critical vote in the Senate.
The Senate will soon debate HB 1299, a proposal to replace the Electoral College with a popular vote system for Presidential elections. This violates the spirit and the letter of the U.S. Constitution, as the founders designed our electoral system as a republic, not a pure democracy.
This bill will shift Presidential campaigns and policy towards the leftist population centers on the coasts: New York, Florida, California, and possibly Michigan. Presidential candidates will no longer have any reason to campaign in Colorado, let alone listen to the concerns particular to our state.
If House Bill 1299 passes, Colorado will become a fly-over state in Presidential elections. Our Western principles of individual liberty and responsibility will be ignored in favor of the socialist ideas popular in the liberal coastal enclaves: high taxes, unchecked government intervention, and a complete re-write of our country's basic moral values and constitutional principles.
The Democrats argue that a popular vote system will prevent another "stolen" election such as the 2000 Presidential election. What they mean is that a popular vote will give them a distinct partisan advantage in campaign season.
They ignore the fact that a popular vote will indeed repeat the 2000 election, but not in the way they imply: Americans will suffer through recounts not just in Florida, but in hundreds of counties across the nation. The results of the Presidential election will hinge not on the will of the people, but on the skill of attorneys and the partisan leanings of "nonpartisan" election judges.
If you want your Presidential vote to count, write the Senate and urge them to vote "no" on House Bill 1299, the Popular Vote bill.
I appreciate your help on this important matter. I will let you know how the Senate votes on HB 1299.
Addendum:
After I sent out my legislative report earlier this evening HB 1299, the presidential electoral college bill was brought up and the sponsor, Sen. Romer, asked that the bill be killed. We accommodated him and one bad bill went away, at least for this year.
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Topics:
1. Town Hall Meetings
2. Pinnacol Assurance
3. The Budget Bill
4. Tea Party
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1. Town Hall Meetings this Saturday, April 18:
10:00 a.m. Loveland City Council Chambers, 500 East 3rd Street, Loveland
12:00 noon, Estes Park Library, 335 East Elkhorn Ave, Estes Park
I will be glad to answer your questions and update you on developments at the state capitol. Republican House Whip, Representative Cory Gardner is scheduled to join us at the Loveland meeting. Please come if you can!
2. Pinnacol Assurance
Monday the Senate had their final vote on SB 281, the takeover of Pinnacol Assurance. After hours of 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, 2009. At the mic I called it nothing less than thievery.
Pinnacol Assurance told us us that they would not give up the $500,000,000 without a court fight. After we in the Senate fought hard over this battle the governor got the message and told the House leaders that he does not like the idea, so they dropped SB273, BUT, as I understand it, SB 281 is still on track, so the eventual takeover of Pinnacol is still a strong possibility. The House then had to find the half-billion elsewhere (more on that in a later report).
3. The Budget Bill
This week we put in place more fees, more programs, and more governmental control...
We have the responsibility to balance the budget, (this year the Long Bill is called SB 259). Even after all of our debate this week and last, the budget still spends too much and does not make the cuts that are needed to truly balance the budget.
It is at least $200,000,000 higher than last year.
It assumes that we raid $247,000,000 from cash funds.
It assumes we will cut the statutory reserve in half ($136,000,000).
It assumes we eliminate the senior and disabled veteran property tax exemption ($91,000,000), and the list goes on...
The Long Bill passed on Monday with all but two Republicans opposing it.
4. Across our nation, Colorado, and most particularly in Larimer County, the April 15 Tea Parties were remarkable events. Thousands of Colorado citizens (7,000 at the state capitol, 2,000 in Fort Collins, and at least several hundred in Loveland) took to the streets for more, and better reasons than to just protest tax day. These were rallies for freedom. We were standing for our inalienable rights of life, liberty, and property.
Also remarkable was who attended. It was not just the political activists. It was the average citizen who has had enough of our government's reckless disregard for liberty.
I met a man from my hometown of Berthoud on the steps of the capitol and he shared with me his story. He started out as a high school dropout, returned to earn his GED, and now owns a roofing company that just passed $1,000,000 in revenue. This man gets it. He can pursue his dreams because he is free, not because of a subsidy or a bailout.
These were peaceful demonstrations of the fact that the people of Colorado know they are more qualified than their government to direct their personal lives. More government spending is not the solution. Imposing more regulations, fees, and taxes is not the solution. Honoring and defending our liberties is the role of good government.
It should also be noted that, even though the crowd was more Republican than Democrat, it was not a partisan gathering. Every political party was represented. As we have all seen in the past several years, no political party label is immune from the siren song of government growth. Neither is good government exclusive to any party. The real issues are, at their core, the same as what our founding fathers wrestled with in the nineteenth century.
Here in twenty-first century America we do not have the tyranny of a king to contend with, but we have a bloated government bureaucracy and the failed notion that the collective values of the state are more effective and more important than the individual's rights and responsibilities.
Inside the state capitol there was a window open to the House chambers. As the crowd gathered for Wednesday's tea party, the chairman ordered that the window be shut so that the proceedings in the House could go on uninterrupted by the cheers of the thousands of people outside. This was a tragedy, as all they were asking for was that their representatives listen to them. This was a real world example of the reason for these tea parties; Representatives need to listen to the people they represent and respect their liberties. The Legislature needs to get it.
The tea parties showed that many of Colorado's citizens get it. They know that we cannot spend our way to prosperity, we must earn it.
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2. The Long Bill Debate
3. Senior Property Homestead Exemption and Other Big Spending Bills
4. Denver Capitol "Tea Party"
5. Town Hall Meetings in Loveland and Estes Park
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1. The Senate gave second reading passage to two bills on Thursday that takes control of, and then raids $500,000,000 from Pinnacol Assurance, the workman's compensation company. The socialists of the world should be proud.
The Joint Budget Committee set this up by cutting $300,000,000 from higher education, claiming there was no other way to balance the budget and then insisted that taking the $500,000,000 from Pinnacol was the only other option. On the Republican side, we found several ways to spread the cuts across all departments and also came up with tens of millions of targeted program cuts, but the Democrat majority persisted in ramming through the Pinnacol scheme.
2. The main budget bill, the Long Bill, also passed second reading. As I mentioned in the above discussion concerning Pinnacol, we put up several other ways to trim the budget, but almost all were rejected. The only Republican idea that survived was an amendment that I initially proposed, defunding the metal detector screening at the capitol building (saving $840,000).
The budget, for all of the talk of cuts, is still $200,000,000 more than last year. The final vote in the Senate should be held on Monday. I will give my final comments to the Senate before that vote.
3. SB 276 will suspend the Senior Property Tax Exemption. We were able to amend it to only have effect for one year, but for that one year it still goes to zero. Senator Renfroe and I ran an amendment to find other funding in the place of eliminating the senior property tax exemption. Our amendment failed, essentially party-line. SB 276 passed second reading on, you guessed it, essentially party-lines.
Other bills that passed juggled the numbers by taking $245,000,000 from various cash funds and cutting the statutory reserve in half. Absent were any bills that meaningfully cut or reduced any programs. For more information check out the Freedom Watch page on my website: www.KevinLundberg.com.
4. On Wednesday, April 15, there will be a "Tea Party" at the capitol at 12:00 Noon. I also have heard that there will be Tea Parties in Estes Park and Fort Collins, along with about a thousand other Tea Parties across the nation. The House will probably be debating the Long Bill at that time and we in the Republican Study Committee of Colorado (RSCC) hope to be Twittering debate updates on that Long Bill debate. If you plan on attending a Tea Party, sign up for the RSCC twitter reports. Keep everyone around you aware of the details of the Long Bill debate during the "Party". For more information about the RSCC, go to www.rscc.us.
5. On Saturday, April 18, I and Representative B.J. Nikkel will hold town hall meetings in the Loveland City Council Chambers at 10:00 AM and at the Estes Park Library at 12:00 Noon. Republican House Whip, Representative Cory Gardner is scheduled to join us at both meetings. If you can, please join us.
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2. The Long Bill Begins
3. Emission Testing Program for Larimer and Weld Counties
4. My Firearm Facsimile Bill Passes
5. Town Hall Meetings in Loveland and Estes Park
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1. 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 the Republicans were on the prevailing side of a major, controversial bill.
2. 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.
I expect the bill to come up in second reading tomorrow (Friday). I hope to amend the bill into something that would allow greater latitude for individuals planning their estate, but not creating a substitute legal status for marriage.
3. On Monday, March 30, SB 3, which will force Larimer and Weld counties into the vehicle emissions testing program that the Denver Metro area suffers under passed the Senate on a party-line vote. This is 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 state-wide, 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).
4. SB 237, allowing a student to keep a drill team prop rifle in their car without risking expulsion from school, is now headed to the governor's desk.
5. On Saturday, April 18, I and Representative B.J. Nikkel will hold town hall meetings in the Loveland City Council Chambers at 10:00 AM and at the Estes Park Library at 12:00 Noon. Republican House Whip, Representative Cory Gardner is scheduled to joins us at both meetings.
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This week I am passing on the notes that I added to "Freedom Watch" on my website. Freedom Watch is my daily blog of what I am doing and seeing here in the Colorado Senate. If you haven't already been to the website page, I would recommend it: (http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch/Index.html).
One final note: due to the snowstorm Friday's session in the Senate has been canceled.
Monday, 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.
Tuesday, 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.
Wednesday, 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.
Thursday, 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 are at least 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.
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2. Update on RSCC Economic Round Table Discussion
3. Update on Designated Beneficiary Agreement Debate
4. My Bills
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1. The quarterly economic forecast from the Colorado Legislative Council Staff came out today. The main point is we are, for this year's budget, another $300 million short. The task before the legislature is clear, we must live within our means. We shall see if the legislature can face this reality and craft responsible public policy that will move us out of this problem, rather than further into it.
2. This afternoon the Republican Study Committee of Colorado held a public discussion on our economy and the upcoming state budget debate. The message from the several professional economists who joined us was: we are in a deep problem which our profligate public policies have wrought. We cannot spend our way to prosperity. Today's dire economic report is not the exception and we will not get out of this situation until we learn how to limit the growth of government. As is the case for topic number one in this report, we shall see if the legislature can face this reality and craft responsible public policy that will move us out of this problem, rather than further into it.
3. The "Designated Beneficiary Agreements" bill, HB 1260, was debated on second reading in the Senate today. I lead the debate with an amendment that would have allowed greater latitude for individuals planning their estate, but not creating 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 is not good for the institution of marriage, nor the people of Colorado.
4. In the past couple of days the two bills I have in the system have been unanimously approved by the House committees they were assigned to. SB 222, concerning proper signs for traffic enforcement camera systems went through the Transportation committee. SB 237, concerning school suspension and expulsion policies, passed the House Education committee.
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2. Designated Beneficiary Agreements
3. RSCC Economic Round Table Discussion
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1. SB 228, removing the six percent growth cap on the general fund, finally came up for third reading debate in the Senate on Tuesday, March 17. We spent almost three hours in this final debate, after spending eleven hours of debate in second reading. This is a very important issue and the Republican caucus did all we could to hold back this tide.
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 amendment, noting that it is what I and Senator Brophy have been working on since 2003. The 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. It will now be considered in the House.
2. On Monday, March 16, the Judiciary Committee passed SB 1260. I and the other Republicans voted no. Members of the other party all supported it. 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.
I expect the bill to come up in second reading tomorrow (Friday). I hope to amend the bill into something that would allow greater latitude for individuals planning their estate, but not creating a substitute legal status for marriage.
3. On Friday afternoon the Republican Study Committee of Colorado, which I am the chairman of, will conduct a public discussion on our economy and the upcoming state budget debate. We have asked four private economists to give us their perspectives and recommendations. They are: Penn Pfiffner, former legislator and Director of the Fiscal Policy Center with the Independence Instititue, Barry Poulson, Professor of Economics at the University of Colorado, Jeff Wright , an executive in the field of networking/software technologies, and Dr. Paul T. Prentice, Ph.D., Senior Fellow with the Independence Institute.
The meeting will be at the capitol in LSB - room B, from 1:00 PM to 4:00 PM.
--Senator Kevin Lundberg
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The Senate has been debating the bill that will strip away the 6% limit to the growth of the general fund. I and my fellow Republicans have done all we can to fight back against this bill. The Democrats have done all they can to push this down our throats. At 9:30 PM, now yesterday evening, the Democrats limited second reading debate to one additional hour. That had never happened in the Senate before. The minority party had always been given the right to fully debate all bills. Now that has changed.
The next step in the process was committee of the whole report amendments. These are dozens of recorded votes. All votes were strict party-line. SB 228 passed second reading.
Here are my general comments of the merits of SB 228:
In 1991 a Republican-led Colorado legislature limited general fund growth to 6%. In 1992, the people of Colorado put additional guardrails around the taxing and spending authority of the legislature with the constitutional Taxpayer's Bill of Rights (TABOR).
These guardrails were good for the people and good for the businesses in our state. What followed was a spectacular period of growth in Colorado, lifting job prospects, family incomes, and standards of living throughout Colorado.
Now a Democrat-controlled legislature is considering SB09-228, seeking to remove the 6% spending limit without a vote of the people. TABOR is clear, any relaxing of limitations on government revenue, spending, and debt are to be granted only by a vote of those governed. In my opinion SB09-228 is the most fiscally and constitutionally irresponsible bill of this session. It is telling the people of Colorado: "Trust us, we know how to spend your money better than you do." Given the recent track record of this legislature, and the fact that this bill also violates the constitutional requirement that such questions be put to a vote of the people, their assurances ring hollow in my ears.
The fiscal guardrails we put in place have worked. Our state is weathering the economic downturn better than many other states. We have some issues to deal with, but our constitutional revenue and spending limits are not causing the problems; they are the solutions that have helped avert greater problems.
The immediate problem we have is a weak economy in which state government revenues are dropping. Meanwhile, mandatory spending increases, largely driven by Amendment 23, are stretching our general fund thinner and thinner. Our public school K-12 budget is growing at an unsustainable pace that, ironically, is forcing us to slash the higher education budget. If changes must be made, it would be better to equalize the funding priorities for all levels of education and set the growth formulas at a level that taxpayers can sustain. Of course, these changes would also require a vote of the people, just like the legislature should do for SB09-228.
If the 6% limit is removed, the first big loser will be transportation. In most years this limit on other spending puts several hundred million dollars into the Highway Users Trust Fund (HUTF). SB09-228 would end that funding for HUTF. Given the fact that the legislature just slapped a quarter of a billion dollar car tax on the people of Colorado (SB09-108), this, too, makes me wary of a legislature that wants to get rid of their fiscal guardrails.
I can assure you that I am standing against this huge power grab, as is every other Republican senator. We are resisting this bill with all of our resources, but I cannot guarantee the outcome, as the current legislature is dominated by the other party. This bill is a sharp contrast to the Republican principles of limited taxes and limited government.
At the very least, this is an argument for a different day. For this year, and possibly the next, the 6% limit that current law imposes is academic, as revenues are unlikely to approach anything close to 6% growth. When that day comes, I believe we should honor our commitments to the people: keep the fiscal restraints in place, follow the state constitution, and keep government limited to its proper size and cost. My job as your state senator is to defend your inalienable rights, not expand the scope and authority of the state's power over you.
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2. Definition of Contraceptive
3. Taxing the Residents of Berthoud
4. Pastor and Church Leaders' Day at the Capitol
5. The Era of Big Government has Returned
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1. On Wednesday two of my bills passed their committee hearings unanimously:
SB 222, concerning adequate signage for traffic enforcement cameras, passed through the Transportation Committee.
SB 237, removing the mandatory requirement and instead allowing schools to determine if a student should be expelled or suspended for carrying a facsimile firearm (drill team prop weapon), went through the Judiciary Committee.
Two of my bills were killed on a party line vote in the State, Veterans, and Military Affairs Committee this Tuesday. Both had been assigned to two committees, which was a sure sign that the Senate President did not want to see these bills out on the floor. SB 221, providing a property tax credit for students who move from public to private education, could have (according to the numbers provided by the fiscal analyst) saved the state education fund $100,000,000 or more each year! The second was SB 220, my bill to encourage job creation in the oil shale industry.
SB 236, concerning transparency in new school construction, was rejected in the education committee on Thursday.
2. On Thursday, February 26, SB 225 was heard in the Senate Health and Human Services Committee. The bill ties the statutory definition of contraceptive to Colorado's current statutory definition of pregnancy. Here are the comments I made before the final vote (it passed on a party-line vote).
"I oppose SB 225 because in defining contraceptive, it relies on Colorado's current statutory definition of pregnancy, established in 1967, as beginning at the point of implantation. That is, in the opinion of many, scientifically inaccurate. To link the definition of contraceptive to this law, in my opinion, does not make sense.
"In my personal research with a few Colorado senators who participated in the debate in 1967, I discovered that there was little knowledge or understanding of the first few days of human life.
"Today, 42 years later, there is much more understanding of the process
of human gestation. With all of the information we have today, I can find no other rational beginning point for human life than that moment when the new and unique DNA genetic structure is created. It is well understood that this occurs several days before implantation. Therefore, to call any drug, device or procedure that would destroy the child, formed at the moment of fertilization, but not yet implanted in the mother's womb, contraceptive, is an inaccurate understanding and is not good law."
3. This week in the Local Government and Energy Committee, I cast the toughest vote I have had this year. I was the only dissenting vote against a measure that will allow the city of Berthoud to vote on joining the taxing district for Aims Community College. Some may think that I should be the most supportive of this bill because it directly concerns my hometown. In addition, I have the highest respect for Aims Community College; my son graduated from Aims and my oldest daughter is currently a student there. Because it hits so close to home, I delved fully into this issue. But the further I looked into it, the more I became convinced that this is not a good direction for the people of Berthoud.
It would be a contradiction to the principle of not supporting an increase in taxes that I have repeatedly pledged to the people of Senate District 15 to uphold. Despite that, I struggled with this vote, admittedly it was merely allowing a vote to be held. But after analyzing this vote I realized that this is not in the best interest of the people of Berthoud and I will not give my tacit endorsement by voting for the bill.
It will be a great advantage for Aims Community College, as they will probably raise over $400,000 per year from the property owners in Berthoud (about $100 per year for an average home). However, the benefits for the people of Berthoud are minimal. The campus will be located out on I-25, nearly as far away from Berthoud residents as the current Loveland campus. The only other advantage is a tuition discount for Berthoud residents, significant for anyone who will attend Aims ($25-$30 per credit hour), but that will be for a very limited number of people. If Berthoud were to take those tax dollars and set aside $400,000 a year for student scholarships, every college-age student could probably attend any community college for free.
In reality, this measure constitutes yet another tax on the people of Berthoud. I cannot in good faith recommend to the citizens I represent another tax when everyone is already stretched thin. People benefit most when they are allowed to keep their money, not when the government spends it for them.
4. Don't forget Pastors and Church Leaders' Day at the Capitol on March 13th. Anyone who is interested is welcome to attend but space is limited so please register as soon as possible online at www.pastorsday.us.
5. Today we had two big floor fights over taxing and spending. The first was the final vote on SB 108, the quarter of a billion dollar "car tax" ($41 increase in registration fees). It passed on essentially a party-line vote. After SB 108 passed, SB 228 was introduced in second reading and we all prepared for a very long debate. After about an hour, they laid it over until Monday. This bill eliminates the 6% growth limit placed the general fund budget. I, along with the overwhelming majority of the Republican caucus, will oppose this bill for several reasons: it is unconstitutional, it will invite much more government growth, and it will make it much more difficult for the state to manage its budget in tight economic times such as we have today. I will provide a more extensive analyses of SB 228 in future correspondence.
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2. Town Hall Meetings Across Larimer County
3. Pastor's Day at the Capitol Website is Now Taking Registrations
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1. I introduced three bills last week.
SB 220 encourages job creation in the oil shale industry.
SB 221 is an educational property tax credit for students who move from a public to a private educational format. It gives parents more choices, encourages private education and saves the state scarce educational dollars.
SB 222 specifies the location and size of sign lettering for automated traffic enforcement camera systems
This week I will be introducing two more bills.
One will put in place more transparency for the construction of new school buildings.
The other will modify the mandatory expulsion law for "dangerous weapons" in schools. It will accommodate exceptions such as the high school senior in Douglas County who was suspended for having a drill team facsimile rifle in her car. The bill will not change the teeth of this law, but it will recognize the situations where no threat is present and therefore no law should prohibit.
2. I will be joining Representative BJ Nikkel this Saturday, February 21 at four town hall meetings in Larimer County.
We will be at:
The Berthoud Public Library, 236 Welch Ave. at 10:00 AM
The Wellington Community Church, 8445 3rd st at 1:00 PM
The Livermore Community Church, 276 CR74E at 2:15 PM and
The Red Feather Community Library, 71 Firehouse Lane at 3:45 PM
Rep. Nikkel only will be at the Windsor Community Recreation Center, 250 N. 11th St at 11:30 AM (I am committed to another meeting at that time).
3. As I said earlier, along with several other legislators I am helping launch a "Pastors' Day at the Capitol" on March 13. This is a time for pastors and church leaders to come to the state capitol to learn more about the role churches and church leaders play in the public square. There is limited seating available and registrations are now being taken at www.pastorsday.us.
Consider attending this all day event and please pass this information on to the leadership in your church.
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Freedom Watch 2009
2. Planning Session at Larimer County Republican Headquarters
3. Pastor's Day at the Capitol Website is Now Taking Registrations
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1. SB-03, what I cave been calling the Fisher/Bacon Car Tax, because
of the taxing cost of time and money it will impose on Larimer and
Weld counties, is scheduled for a public hearing this Thursday
morning, February 5, in the Senate Transportation Committee. If you
think this is an important issue, you can voice your concerns by
speaking at that public hearing. It will be held in Senate Committee
Room #352. I would expect the bill to come up sometime between 9:30
AM and noon.
It has been a slow start for the session, but committee meetings are
now in full swing, with some meetings going way into the evening, and
many bills are moving through the process all at once. For some of the
details that I am seeing I recommend you check out my website page:
http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch.
2. Last Friday's "brainstorming" session at the Larimer County
Republican headquarters was a great success! Nearly 40 people (it was
hard to get a precise count while leading the meeting) explored better
ways of communicating our Republican message to the people of Larimer
County. In the next few months I will be planning more meetings like
this. It is a great way to help us work better, faster, and smarter in
promoting the principles of good government.
3. As I said earlier, along with several other legislators I am
helping launch a "Pastors' Day at the Capitol" on March 13. This is a
time for pastors and church leaders to come to the state capitol to
learn more about the role churches and church leaders play in the
public square. There is limited seating available and registrations
are now being taken at www.pastorsday.us.
Consider attending this all day event and please pass this information
on to the leadership in your church.
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2. Planning Session at Larimer County Republican Headquarters
3. Pastor's Day at the Capitol
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1. Tuesday, January 20, was a significant day. Not just because a
president was inaugurated, but for the community of Berthoud and much
of Northern Colorado it was the day we gave honor to a soldier who
made the ultimate sacrifice for our country. U.S. Army Staff Sgt.
Justin L. Bauer was laid to rest at Greenlawn Cemetery, east of
Berthoud.
Last week I led the House of Representatives in a moment of silent
tribute for Staff Sergeant Justin Bauer. Upon being sworn in as
senator on Thursday I had the honor of leading the Senate in another
moment of silent tribute. This week I plan on joining Representative
B. J. Nikkel (who will be sworn in tomorrow) in preparing written
tributes for the family of U. S. Army Staff Sergeant Justin Bauer.
2. I will be conducting a "brainstorming" session at the Larimer
County Republican headquarters on Friday, January 30, at 6:30 PM. The
goal is to explore better ways of communicating our Republican message
to the people of Larimer County. Now is the time to retool for the
2010 election and this is one of the ways I intend to help lead us to
a successful election in 2010.
The county headquarters is about a block south and east of Prospect
and Timberline, at 1600 Specht Point Drive, Suite H, Fort Collins, CO
80526. Please join me at this important discussion for our party and
our county.
3. Friday, March 13, several other legislators and I are planning a
"Pastor's Day at the Capitol." This is a time for pastors and church
leaders to come to the state capitol to learn more about the role
churches and church leaders play in the public square. We see this as
an opportunity for church leaders to engage in a public discussion of
many state issues which interface with churches and other religious
institutions.
David Barton of Wallbuilders ministry will be a keynote speaker. Other
organizations
helping to coordinate this project include Colorado Christian
University, Colorado Family Institute, Rocky Mountain Family Council,
the Pillar of Fire Church and KPOF Radio.
Please pass this information on to the leadership in your church.
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2. Swearing in Ceremony
3. My final speech to the House
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1. One of the first bills already introduced (SB 103) will force all
vehicle owners in Larimer and Weld counties back into the vehicle
emissions inspection program and put significant restrictions on the
classic car registration system.
I have coined this the Fisher/Bacon car tax as a reminder of who is
sponsoring this program that will heavily tax the time and money of
all vehicle owners in Larimer and Weld counties.
2. Tomorrow, January 15, at 8:31 I am scheduled to be sworn in as the
State Senator for District 15. The ceremony will be brief, but I
invite anyone who is interested to come and view the proceedings from
the Senate Gallery on the third floor of the capitol.
3. Today was my final full day as a Representative. Here is the text
of my final comments that I gave to the Colorado House of
Representatives:
Thank you Mr. Speaker.
I have asked for permission to address the House of Representatives,
because, as I am resigning my office as Representative for House
District 49, effective tomorrow, at 8:30 AM, this is my last full day
as a member of the House. I am sure most of you know that I have been
appointed to serve in the Colorado Senate and will be sworn into that
office tomorrow morning shortly after 8:30. I invite any who can to
join me in the Senate chambers for that brief ceremony.
At this time, please allow me a few moments to express my gratitude
and some final thoughts as I complete just over six years of service
here in the House.
First I thank the staff for their diligence and professionalism in
ensuring that all the details of the legislative process are
accomplished on time, efficiently, and always with a smile. To
Marilyn, all of her staff, Tom, and the rest of the sergeants and all
other support personnel I say thank you from the bottom of my heart.
To all of the new members, I regret that I will not have the full
opportunity to share this session with you here in the House. It is a
rich experience to develop the meaningful friendships that each
session brings. I can already sense the tremendous potential within
each one of you and I wish you all the best for these next few months.
To all of my friends with whom I have shared previous sessions, on
both sides of the isle, thank you for enriching my life in so many
ways. We have engaged in political battles, both shoulder to shoulder,
and face to face, and I trust we have all emerged as friends. For my
part I have developed a greater respect for all of you. Thank you for
your continued friendship.
This is a great institution and I consider it a high honor to have
been a member of the Colorado House of Representatives for a few brief
years.
That is the way it is for all of us. It is quickly over. I counsel you
all to understand the brevity of your tenure here, and don't take
yourself too seriousy, but do take the people's business very
seriously.
And, defend the process.
This is the place for all the different perspectives within the state
to come together, and often clash, and finally be moulded into public
policy. If all of it works right, it is also the people's policy.
In my opinion the essence of the process is this:
Everyone must be heard.
We all come with the responsibility to represent our district and to
be true to the principles we committed to uphold when we ran for our
office.
We are obligated to bring that persective to this body, and the body
is obligated to listen. Not everyone's opinion will be followed, but
everyone's opinion must be heard.
As you work in committees and here on the floor, demand that no one is
left out. It can, at times be an exhausting process, but to defraud
any member of our full attention is to defraud the process of its
integrity.
Thank you for these few moments of your full attention. I wish you all
God's Speed.
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2. My First Bill of the Session
3. Senate Appointment
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1. January 7th 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.
2. This Saturday, January 10th, the vacancy committee for State Senate
District 15 will choose a replacement for Steve Johnson who resigned
due to his being elected to serve on the Larimer County Commission. I
am seeking this state senate appointment and I will report the results
of the meeting later on Saturday.
The vacancy committee meeting will be held at the Pulliam building in
Loveland at 9 AM. The meeting is open to the public. The Pulliam
building is located on Cleveland Ave. between 5th and 6th.
3. Today I introduced my first bill for this session. It is designed
to encourage the creation of jobs in the oil shale industry. The bill
grants a temporary reduction in oil shale severance taxes for any
commercial production facility that is developed to the point that
they hire at least 25% of their workforce by the end of 2011. It will
be good for Colorado and our nation's energy security to encourage the
oil shale industry to launch commercial production facilities now and
start creating new jobs as soon as possible.
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< Back to 2009 Session
Legislative Reports
Home / The Issues / Archives / 2009 Session
- June 27, 2009
- June 3, 2009
- May 23, 2009
- April 30, 2009
- April 17, 2009
- April 11, 2009
- April 6, 2009
- March 26, 2009
- March 20, 2009
- March 19, 2009
- March 3, 2009
- February 27, 2009
- February 17, 2009
- February 3, 2009
- January 21, 2009
- January 14, 2009
- January 7, 2009
June 27, 2009
Topics:
1. Independence Day Parade in Wellington
2. Cap and Trade in Congress
3. Bill Ritter's Car Tax
4. Obama's Supreme Court Nominee
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1. The next big parade in Larimer County will be Saturday, July 4, in Wellington. If you can, please walk with me and the Republican float in the parade. The parade begins at 10:00 AM. Look for the Republican float on the west side of town, on Wellington Blvd., where the parade organizes every year. We will be there around 8:00 AM. Wear some comfortable walking shoes and sunscreen and be prepared to have a great time! Also, please call me if you think you can join us (532-3070).
2. Yesterday the U.S. House passed Obama's cap and trade bill. Touted as an environmental issue, it is really another huge tax and power grab with questionable effects for the environment. For my full comments on this issue go to: http://www.kevinlundberg.com/TheIssues/GlobalWarming/CapandTrade/Index.html.
3. Senate bill 108 is a quarter of a billion dollar (per year) car tax. Some are calling it Bill Ritter's Car Tax.
Never in my legislative experience have I seen such a reaction from the people of Colorado after a law has taken effect. For the last several weeks hardly day goes by without at least one constituent calling me at home to complain about SB-108.
Not only do they resent the more than doubling of the cost of registering an older car, but the penalties for late registration are an incredible shock. It is a mandatory, one size fits all formula of $25/ month, up to four months ($100) for any late registration. This applies to even the little trailer you may have around that you rarely use.
How would you react if you expected a nominal ($10-30) registration cost and are handed a bill for well over $100? This late fee even applies for the months before the bill became law! Many people with multiple older vehicles or motorbikes have told me they may never register them. Others have threatened to go to another state.
But wait... there's more. SB-108 also set up a system for tolling existing roads and several new bureaucracies for administering these taxes, fines, and tolls. For all of these reasons not one Republican, in either house, voted for SB-108. We spent long hours in the Senate and the House arguing against this new car tax, but in the end the governor had the votes from his own party to pass both houses and then he signed it with great fanfare.
In the next session I will be introducing a bill to repeal parts of SB-108. I trust that the people will have, by that time, convinced enough legislators in the governor's party to agree to get rid of at least the worst parts of the Bill Ritter's Car Tax.
For more information about SB-108 go to: http://www.rscc.us/ActionAlerts/Index.html.
4. For information about President Obama's Supreme Court appointee, Sonia Sotomayor go to: www.aboutsoniasotomayor.com
and http://twitter.com/coloradojudges. One particularly troubling issue for me is her probable view on the Second Amendment: http://townhall.com/columnists/SandyFroman/2009/06/24/nra_members_must_oppose_sotomayor?page=full&comments=true.
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June 3, 2009
Topics:1. Berthoud Day Parade
2. Benefit Concert
3. Larimer Republican Flag Day Shrimp Boil
4. Supreme Court Nominee
5. Democracy or Republic?
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1. The first parade of the season will be this Saturday, June 6, in Berthoud. If you can, please walk with me and the Republican float in the parade. The parade begins at 11:00 AM. Look for the Republican float on N. 2nd street. We will organize ourselves around 10:00 AM. Wear some comfortable walking shoes and sunscreen and be prepared to have a great time!
2. I am participating in a benefit concert for Lori Rickard this Sunday evening in Loveland. Lori has been diagnosed with stage 4 breast cancer. I invite anyone who can to attend the concert and help Lori with her medical expenses.
The concert is this Sunday, June 7th, at 7:00 PM at Faith Church, 2707 Wilson Ave., Loveland. The concert is free. An offering will be taken to help with Lori's medical expenses.
3. The Larimer County Republican Party is hosting a Flag Day Shrimp Boil on Friday June 12, 2009 from 5:30 pm to 8:30 pm at the home of Don and Dianne Shannon, 630 Skysail Lane, Fort Collins. For more information go to: www.larimergop.org.
4. Much discussion is beginning (and should continue) concerning President Obama's judicial appointment, Sonia Sotomayor. www.aboutsoniasotomayor.com is a website where you can find more information on this vital subject.
5. Recently I found a good presentation on Youtube concerning the terms "democracy" and "republic" and the principles of limited government. If you have about ten minutes I recommend checking this out: http://www.youtube.com/watch?v=KFXuGIpsdE0
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May 23, 2009
Here are my final observations of the 2009 general session:------------------------------------------------------------------------------------------------
I am pro-free market, pro-taxpayer, pro-limited government, pro-life, and pro-family.
Unfortunately this years legislature was not, and it was a tough year for advocates of life and liberty.
This is my seventh year in the legislature and my first year in the Senate. Despite the difficult political terrain, l very much enjoyed working in the Senate. The smaller numbers allow for more flexibility and greater opportunity to dig deeper into the issues.
On the Republican side of the isle we have a great team. We are on the same page and work well together. It is an honor to be a part of the Republican caucus in the Colorado Senate.
This year I had some success with my own legislation as two bills were signed into law. One requires readable signs for photo-radar traffic enforcement systems and the other essentially allows drill team prop rifles to be stored in students vehicles. I also co-sponsored 82 bills and resolutions and got a Memorial passed in the Senate calling for Congress to end the earmarking process. This was the final measure the Senate passed in this years general session. Bills I introduced that did not make it through included an educational tax credit bill, a transparency in new school construction measure and a bill to encourage new job production in the oil shale industry.
As chairman for the Republican Study Committee of Colorado I held several informative study sessions on economics, immigration, the budget and other issues that emphasized core Republican principles for good government. In March I helped organize a Pastors Day that brought about 150 church leaders to the capitol.
I supported policies that promote Northern Colorado businesses and my voting record proves it. For the second year in a row I was rated as 100% by the Northern Colorado Legislative Alliance (a coalition of the Fort Collins, Loveland and Greeley Chambers of Commerce).
Much of what we do in the legislature is not very controversial and consequently does not get much attention in the media. However, there are issues over which we battle and this year the over-all agenda was clearly for more taxes, bigger government and radical social changes. The constitution was ignored, unions obeyed and, even in this economic recession, next years budget is the biggest in history.
The Colorado Supreme Court ruled that the 2007 legislatures property tax increase was legal, despite the constitutional requirement for the people to vote on all increases. This year the legislature added more new taxes and some taxes they called fees, all without the peoples constitutionally required vote. These included a $41 car tax, a hospital bed tax, an increase in certain capitol gains taxes and so many more new taxes for living in Colorado that I cannot list them all here. In all, nearly a billion dollars in new taxes and fees were piled onto the people of Colorado. For a more complete picture of what happened this year go to the Freedom Watch 2009 page on my website: www.kevinlundberg.com.
The rush to ignore the constitution also stretched beyond tax increases. The legislature violated the peoples requirement to directly approve spending increases by removing the six percent limit on the growth of the general fund. This will choke off hundreds of millions of dollars from highway construction and open the floodgates for even more government programs. In the Senate we filibustered this bill for 14 hours, but in the end, by a party-line vote, it passed and the governor signed it.
When it came time to create next years budget, instead of really cutting back, like everyone one else is having to do, the legislature took $250,000,000 from cash funds, increased taxes and fees and spent all of the one-time Federal stimulus dollars they could get their hands on. We are entering the next year with virtually no reserves. Incredibly, even though this year everyone saw that we should have done this years ago, the legislature rejected my rainy-day fund proposal, again.
In addition, the governors industry-busting oil and gas regulations were approved, and medical insurance mandates were passed that, according to the legislatures own fiscal estimates, will cost families thousands more in medical insurance premiums every year. The expressed will of the people was defied with the passage of the same-sex benefits for state employees and the designated beneficiary bill. These bills essentially put into law the domestic partnership concept that the voters rejected in 2006.
Also glaring in state policy is a troubling obedience to global warming alarmists. I believe we should support renewable energy development, but not because carbon dioxide is a pollutant that is destroying the planet. Renewable energy makes sense and it can be a bright part of our future where it is cost effective. Unfortunately the legislature is following the governor's lead by assuming we have to cripple our economy with fiscally irresponsible measures that are focused on minimizing and trapping CO2.
I know that as we look forward, with all of the challenges we face in promoting good, limited government principles, it can seem daunting. However, I am still confident that most Colorado citizens, especially here in Larimer County, understand that personal responsibility and individual liberty are still essential principles for a free and prosperous land.
I believe we must defend life and liberty and I will continue to fight for your freedom to pursue your happiness and the happiness of your children and their children as you have determined, not as so many are trying to dictate down in Denver.
I will, as long as the people of Senate District 15 allow, continue to fight for pro-free market, pro-taxpayer, pro-limited government, pro-life, and pro-family principles.
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April 30, 2009
Topics:1. The End of the Session
2. Freedom Watch
3. My Resolutions in State Affairs Committee
4. Colorado's Presidential Votes
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1. The End of the Session
The session is fast drawing to a close. We must end by May 6 and many bills and resolutions remain to be heard in committees and on the floor. We are working late into the evening on most days because of the volume of what is left and the necessity to adequately debate the significant issues still on the table (I am sending this while we are still on the floor). When we are over and the dust has settled I will send out a final legislative report for this session.
2. Freedom Watch
We have seen fee increases, several medical insurance mandates driving up the cost for Colorado families, new and growing regulations, driving up the cost for Colorado businesses, and much more legislation than I can list here. That is why I recommend following my daily observations on the "Freedom Watch" page of my website. The complete address is: http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch/Index.html.
3. My Resolutions sent to State Affairs
I introduced a resolution to put the question of creating a rainy day fund in the next general election. I had enough votes in the Finance Committee, but instead the Senate President assigned it to State Affairs, dooming the measure to a committee known as the "killing committee". This was a deep disappointment. This should not be a partisan issue, it is a matter of prudent fiscal planning. It 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 have helped us prepare for the next economic downturn.
Another measure I introduced, SJM 011, called on the Federal government to adhere to the Tenth Amendment, guaranteeing all powers not delegated to the Federal government are reserved for the states and the people. On a party-line vote it was also defeated in State Affairs.
4. Colorado's Presidential Vote
HB 1299 has yet to be heard on the Senate floor. It is a very important issue that all Colorado citizens should know about and express their opinion on. Here is a letter that Senator Harvey wrote:
I'm writing to request your help on a critical vote in the Senate.
The Senate will soon debate HB 1299, a proposal to replace the Electoral College with a popular vote system for Presidential elections. This violates the spirit and the letter of the U.S. Constitution, as the founders designed our electoral system as a republic, not a pure democracy.
This bill will shift Presidential campaigns and policy towards the leftist population centers on the coasts: New York, Florida, California, and possibly Michigan. Presidential candidates will no longer have any reason to campaign in Colorado, let alone listen to the concerns particular to our state.
If House Bill 1299 passes, Colorado will become a fly-over state in Presidential elections. Our Western principles of individual liberty and responsibility will be ignored in favor of the socialist ideas popular in the liberal coastal enclaves: high taxes, unchecked government intervention, and a complete re-write of our country's basic moral values and constitutional principles.
The Democrats argue that a popular vote system will prevent another "stolen" election such as the 2000 Presidential election. What they mean is that a popular vote will give them a distinct partisan advantage in campaign season.
They ignore the fact that a popular vote will indeed repeat the 2000 election, but not in the way they imply: Americans will suffer through recounts not just in Florida, but in hundreds of counties across the nation. The results of the Presidential election will hinge not on the will of the people, but on the skill of attorneys and the partisan leanings of "nonpartisan" election judges.
If you want your Presidential vote to count, write the Senate and urge them to vote "no" on House Bill 1299, the Popular Vote bill.
I appreciate your help on this important matter. I will let you know how the Senate votes on HB 1299.
Addendum:
After I sent out my legislative report earlier this evening HB 1299, the presidential electoral college bill was brought up and the sponsor, Sen. Romer, asked that the bill be killed. We accommodated him and one bad bill went away, at least for this year.
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April 17, 2009
Topics:
1. Town Hall Meetings
2. Pinnacol Assurance
3. The Budget Bill
4. Tea Party
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1. Town Hall Meetings this Saturday, April 18:
10:00 a.m. Loveland City Council Chambers, 500 East 3rd Street, Loveland
12:00 noon, Estes Park Library, 335 East Elkhorn Ave, Estes Park
I will be glad to answer your questions and update you on developments at the state capitol. Republican House Whip, Representative Cory Gardner is scheduled to join us at the Loveland meeting. Please come if you can!
2. Pinnacol Assurance
Monday the Senate had their final vote on SB 281, the takeover of Pinnacol Assurance. After hours of 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, 2009. At the mic I called it nothing less than thievery.
Pinnacol Assurance told us us that they would not give up the $500,000,000 without a court fight. After we in the Senate fought hard over this battle the governor got the message and told the House leaders that he does not like the idea, so they dropped SB273, BUT, as I understand it, SB 281 is still on track, so the eventual takeover of Pinnacol is still a strong possibility. The House then had to find the half-billion elsewhere (more on that in a later report).
3. The Budget Bill
This week we put in place more fees, more programs, and more governmental control...
We have the responsibility to balance the budget, (this year the Long Bill is called SB 259). Even after all of our debate this week and last, the budget still spends too much and does not make the cuts that are needed to truly balance the budget.
It is at least $200,000,000 higher than last year.
It assumes that we raid $247,000,000 from cash funds.
It assumes we will cut the statutory reserve in half ($136,000,000).
It assumes we eliminate the senior and disabled veteran property tax exemption ($91,000,000), and the list goes on...
The Long Bill passed on Monday with all but two Republicans opposing it.
4. Across our nation, Colorado, and most particularly in Larimer County, the April 15 Tea Parties were remarkable events. Thousands of Colorado citizens (7,000 at the state capitol, 2,000 in Fort Collins, and at least several hundred in Loveland) took to the streets for more, and better reasons than to just protest tax day. These were rallies for freedom. We were standing for our inalienable rights of life, liberty, and property.
Also remarkable was who attended. It was not just the political activists. It was the average citizen who has had enough of our government's reckless disregard for liberty.
I met a man from my hometown of Berthoud on the steps of the capitol and he shared with me his story. He started out as a high school dropout, returned to earn his GED, and now owns a roofing company that just passed $1,000,000 in revenue. This man gets it. He can pursue his dreams because he is free, not because of a subsidy or a bailout.
These were peaceful demonstrations of the fact that the people of Colorado know they are more qualified than their government to direct their personal lives. More government spending is not the solution. Imposing more regulations, fees, and taxes is not the solution. Honoring and defending our liberties is the role of good government.
It should also be noted that, even though the crowd was more Republican than Democrat, it was not a partisan gathering. Every political party was represented. As we have all seen in the past several years, no political party label is immune from the siren song of government growth. Neither is good government exclusive to any party. The real issues are, at their core, the same as what our founding fathers wrestled with in the nineteenth century.
Here in twenty-first century America we do not have the tyranny of a king to contend with, but we have a bloated government bureaucracy and the failed notion that the collective values of the state are more effective and more important than the individual's rights and responsibilities.
Inside the state capitol there was a window open to the House chambers. As the crowd gathered for Wednesday's tea party, the chairman ordered that the window be shut so that the proceedings in the House could go on uninterrupted by the cheers of the thousands of people outside. This was a tragedy, as all they were asking for was that their representatives listen to them. This was a real world example of the reason for these tea parties; Representatives need to listen to the people they represent and respect their liberties. The Legislature needs to get it.
The tea parties showed that many of Colorado's citizens get it. They know that we cannot spend our way to prosperity, we must earn it.
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April 11, 2009
1. Pinnacol Assurance Take-over2. The Long Bill Debate
3. Senior Property Homestead Exemption and Other Big Spending Bills
4. Denver Capitol "Tea Party"
5. Town Hall Meetings in Loveland and Estes Park
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1. The Senate gave second reading passage to two bills on Thursday that takes control of, and then raids $500,000,000 from Pinnacol Assurance, the workman's compensation company. The socialists of the world should be proud.
The Joint Budget Committee set this up by cutting $300,000,000 from higher education, claiming there was no other way to balance the budget and then insisted that taking the $500,000,000 from Pinnacol was the only other option. On the Republican side, we found several ways to spread the cuts across all departments and also came up with tens of millions of targeted program cuts, but the Democrat majority persisted in ramming through the Pinnacol scheme.
2. The main budget bill, the Long Bill, also passed second reading. As I mentioned in the above discussion concerning Pinnacol, we put up several other ways to trim the budget, but almost all were rejected. The only Republican idea that survived was an amendment that I initially proposed, defunding the metal detector screening at the capitol building (saving $840,000).
The budget, for all of the talk of cuts, is still $200,000,000 more than last year. The final vote in the Senate should be held on Monday. I will give my final comments to the Senate before that vote.
3. SB 276 will suspend the Senior Property Tax Exemption. We were able to amend it to only have effect for one year, but for that one year it still goes to zero. Senator Renfroe and I ran an amendment to find other funding in the place of eliminating the senior property tax exemption. Our amendment failed, essentially party-line. SB 276 passed second reading on, you guessed it, essentially party-lines.
Other bills that passed juggled the numbers by taking $245,000,000 from various cash funds and cutting the statutory reserve in half. Absent were any bills that meaningfully cut or reduced any programs. For more information check out the Freedom Watch page on my website: www.KevinLundberg.com.
4. On Wednesday, April 15, there will be a "Tea Party" at the capitol at 12:00 Noon. I also have heard that there will be Tea Parties in Estes Park and Fort Collins, along with about a thousand other Tea Parties across the nation. The House will probably be debating the Long Bill at that time and we in the Republican Study Committee of Colorado (RSCC) hope to be Twittering debate updates on that Long Bill debate. If you plan on attending a Tea Party, sign up for the RSCC twitter reports. Keep everyone around you aware of the details of the Long Bill debate during the "Party". For more information about the RSCC, go to www.rscc.us.
5. On Saturday, April 18, I and Representative B.J. Nikkel will hold town hall meetings in the Loveland City Council Chambers at 10:00 AM and at the Estes Park Library at 12:00 Noon. Republican House Whip, Representative Cory Gardner is scheduled to join us at both meetings. If you can, please join us.
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April 6, 2009
1. In-state Tuition for Illegal Immigrants2. The Long Bill Begins
3. Emission Testing Program for Larimer and Weld Counties
4. My Firearm Facsimile Bill Passes
5. Town Hall Meetings in Loveland and Estes Park
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1. 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 the Republicans were on the prevailing side of a major, controversial bill.
2. 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.
I expect the bill to come up in second reading tomorrow (Friday). I hope to amend the bill into something that would allow greater latitude for individuals planning their estate, but not creating a substitute legal status for marriage.
3. On Monday, March 30, SB 3, which will force Larimer and Weld counties into the vehicle emissions testing program that the Denver Metro area suffers under passed the Senate on a party-line vote. This is 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 state-wide, 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).
4. SB 237, allowing a student to keep a drill team prop rifle in their car without risking expulsion from school, is now headed to the governor's desk.
5. On Saturday, April 18, I and Representative B.J. Nikkel will hold town hall meetings in the Loveland City Council Chambers at 10:00 AM and at the Estes Park Library at 12:00 Noon. Republican House Whip, Representative Cory Gardner is scheduled to joins us at both meetings.
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March 26, 2009
This Week's Freedom Watch 09 Report------------------------------------------------------------------------------------------------
This week I am passing on the notes that I added to "Freedom Watch" on my website. Freedom Watch is my daily blog of what I am doing and seeing here in the Colorado Senate. If you haven't already been to the website page, I would recommend it: (http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch/Index.html).
One final note: due to the snowstorm Friday's session in the Senate has been canceled.
Monday, 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.
Tuesday, 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.
Wednesday, 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.
Thursday, 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 are at least 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.
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March 20, 2009
1. Another $300,000,000 Shortfall2. Update on RSCC Economic Round Table Discussion
3. Update on Designated Beneficiary Agreement Debate
4. My Bills
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1. The quarterly economic forecast from the Colorado Legislative Council Staff came out today. The main point is we are, for this year's budget, another $300 million short. The task before the legislature is clear, we must live within our means. We shall see if the legislature can face this reality and craft responsible public policy that will move us out of this problem, rather than further into it.
2. This afternoon the Republican Study Committee of Colorado held a public discussion on our economy and the upcoming state budget debate. The message from the several professional economists who joined us was: we are in a deep problem which our profligate public policies have wrought. We cannot spend our way to prosperity. Today's dire economic report is not the exception and we will not get out of this situation until we learn how to limit the growth of government. As is the case for topic number one in this report, we shall see if the legislature can face this reality and craft responsible public policy that will move us out of this problem, rather than further into it.
3. The "Designated Beneficiary Agreements" bill, HB 1260, was debated on second reading in the Senate today. I lead the debate with an amendment that would have allowed greater latitude for individuals planning their estate, but not creating 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 is not good for the institution of marriage, nor the people of Colorado.
4. In the past couple of days the two bills I have in the system have been unanimously approved by the House committees they were assigned to. SB 222, concerning proper signs for traffic enforcement camera systems went through the Transportation committee. SB 237, concerning school suspension and expulsion policies, passed the House Education committee.
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March 19, 2009
1. The Six Percent Growth Cap2. Designated Beneficiary Agreements
3. RSCC Economic Round Table Discussion
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1. SB 228, removing the six percent growth cap on the general fund, finally came up for third reading debate in the Senate on Tuesday, March 17. We spent almost three hours in this final debate, after spending eleven hours of debate in second reading. This is a very important issue and the Republican caucus did all we could to hold back this tide.
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 amendment, noting that it is what I and Senator Brophy have been working on since 2003. The 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. It will now be considered in the House.
2. On Monday, March 16, the Judiciary Committee passed SB 1260. I and the other Republicans voted no. Members of the other party all supported it. 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.
I expect the bill to come up in second reading tomorrow (Friday). I hope to amend the bill into something that would allow greater latitude for individuals planning their estate, but not creating a substitute legal status for marriage.
3. On Friday afternoon the Republican Study Committee of Colorado, which I am the chairman of, will conduct a public discussion on our economy and the upcoming state budget debate. We have asked four private economists to give us their perspectives and recommendations. They are: Penn Pfiffner, former legislator and Director of the Fiscal Policy Center with the Independence Instititue, Barry Poulson, Professor of Economics at the University of Colorado, Jeff Wright , an executive in the field of networking/software technologies, and Dr. Paul T. Prentice, Ph.D., Senior Fellow with the Independence Institute.
The meeting will be at the capitol in LSB - room B, from 1:00 PM to 4:00 PM.
--Senator Kevin Lundberg
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March 3, 2009
It is 2:25 AM.The Senate has been debating the bill that will strip away the 6% limit to the growth of the general fund. I and my fellow Republicans have done all we can to fight back against this bill. The Democrats have done all they can to push this down our throats. At 9:30 PM, now yesterday evening, the Democrats limited second reading debate to one additional hour. That had never happened in the Senate before. The minority party had always been given the right to fully debate all bills. Now that has changed.
The next step in the process was committee of the whole report amendments. These are dozens of recorded votes. All votes were strict party-line. SB 228 passed second reading.
Here are my general comments of the merits of SB 228:
In 1991 a Republican-led Colorado legislature limited general fund growth to 6%. In 1992, the people of Colorado put additional guardrails around the taxing and spending authority of the legislature with the constitutional Taxpayer's Bill of Rights (TABOR).
These guardrails were good for the people and good for the businesses in our state. What followed was a spectacular period of growth in Colorado, lifting job prospects, family incomes, and standards of living throughout Colorado.
Now a Democrat-controlled legislature is considering SB09-228, seeking to remove the 6% spending limit without a vote of the people. TABOR is clear, any relaxing of limitations on government revenue, spending, and debt are to be granted only by a vote of those governed. In my opinion SB09-228 is the most fiscally and constitutionally irresponsible bill of this session. It is telling the people of Colorado: "Trust us, we know how to spend your money better than you do." Given the recent track record of this legislature, and the fact that this bill also violates the constitutional requirement that such questions be put to a vote of the people, their assurances ring hollow in my ears.
The fiscal guardrails we put in place have worked. Our state is weathering the economic downturn better than many other states. We have some issues to deal with, but our constitutional revenue and spending limits are not causing the problems; they are the solutions that have helped avert greater problems.
The immediate problem we have is a weak economy in which state government revenues are dropping. Meanwhile, mandatory spending increases, largely driven by Amendment 23, are stretching our general fund thinner and thinner. Our public school K-12 budget is growing at an unsustainable pace that, ironically, is forcing us to slash the higher education budget. If changes must be made, it would be better to equalize the funding priorities for all levels of education and set the growth formulas at a level that taxpayers can sustain. Of course, these changes would also require a vote of the people, just like the legislature should do for SB09-228.
If the 6% limit is removed, the first big loser will be transportation. In most years this limit on other spending puts several hundred million dollars into the Highway Users Trust Fund (HUTF). SB09-228 would end that funding for HUTF. Given the fact that the legislature just slapped a quarter of a billion dollar car tax on the people of Colorado (SB09-108), this, too, makes me wary of a legislature that wants to get rid of their fiscal guardrails.
I can assure you that I am standing against this huge power grab, as is every other Republican senator. We are resisting this bill with all of our resources, but I cannot guarantee the outcome, as the current legislature is dominated by the other party. This bill is a sharp contrast to the Republican principles of limited taxes and limited government.
At the very least, this is an argument for a different day. For this year, and possibly the next, the 6% limit that current law imposes is academic, as revenues are unlikely to approach anything close to 6% growth. When that day comes, I believe we should honor our commitments to the people: keep the fiscal restraints in place, follow the state constitution, and keep government limited to its proper size and cost. My job as your state senator is to defend your inalienable rights, not expand the scope and authority of the state's power over you.
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February 27, 2009
1. My Bills, Including Saving the State Education Fund $100,000,0002. Definition of Contraceptive
3. Taxing the Residents of Berthoud
4. Pastor and Church Leaders' Day at the Capitol
5. The Era of Big Government has Returned
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1. On Wednesday two of my bills passed their committee hearings unanimously:
SB 222, concerning adequate signage for traffic enforcement cameras, passed through the Transportation Committee.
SB 237, removing the mandatory requirement and instead allowing schools to determine if a student should be expelled or suspended for carrying a facsimile firearm (drill team prop weapon), went through the Judiciary Committee.
Two of my bills were killed on a party line vote in the State, Veterans, and Military Affairs Committee this Tuesday. Both had been assigned to two committees, which was a sure sign that the Senate President did not want to see these bills out on the floor. SB 221, providing a property tax credit for students who move from public to private education, could have (according to the numbers provided by the fiscal analyst) saved the state education fund $100,000,000 or more each year! The second was SB 220, my bill to encourage job creation in the oil shale industry.
SB 236, concerning transparency in new school construction, was rejected in the education committee on Thursday.
2. On Thursday, February 26, SB 225 was heard in the Senate Health and Human Services Committee. The bill ties the statutory definition of contraceptive to Colorado's current statutory definition of pregnancy. Here are the comments I made before the final vote (it passed on a party-line vote).
"I oppose SB 225 because in defining contraceptive, it relies on Colorado's current statutory definition of pregnancy, established in 1967, as beginning at the point of implantation. That is, in the opinion of many, scientifically inaccurate. To link the definition of contraceptive to this law, in my opinion, does not make sense.
"In my personal research with a few Colorado senators who participated in the debate in 1967, I discovered that there was little knowledge or understanding of the first few days of human life.
"Today, 42 years later, there is much more understanding of the process
of human gestation. With all of the information we have today, I can find no other rational beginning point for human life than that moment when the new and unique DNA genetic structure is created. It is well understood that this occurs several days before implantation. Therefore, to call any drug, device or procedure that would destroy the child, formed at the moment of fertilization, but not yet implanted in the mother's womb, contraceptive, is an inaccurate understanding and is not good law."
3. This week in the Local Government and Energy Committee, I cast the toughest vote I have had this year. I was the only dissenting vote against a measure that will allow the city of Berthoud to vote on joining the taxing district for Aims Community College. Some may think that I should be the most supportive of this bill because it directly concerns my hometown. In addition, I have the highest respect for Aims Community College; my son graduated from Aims and my oldest daughter is currently a student there. Because it hits so close to home, I delved fully into this issue. But the further I looked into it, the more I became convinced that this is not a good direction for the people of Berthoud.
It would be a contradiction to the principle of not supporting an increase in taxes that I have repeatedly pledged to the people of Senate District 15 to uphold. Despite that, I struggled with this vote, admittedly it was merely allowing a vote to be held. But after analyzing this vote I realized that this is not in the best interest of the people of Berthoud and I will not give my tacit endorsement by voting for the bill.
It will be a great advantage for Aims Community College, as they will probably raise over $400,000 per year from the property owners in Berthoud (about $100 per year for an average home). However, the benefits for the people of Berthoud are minimal. The campus will be located out on I-25, nearly as far away from Berthoud residents as the current Loveland campus. The only other advantage is a tuition discount for Berthoud residents, significant for anyone who will attend Aims ($25-$30 per credit hour), but that will be for a very limited number of people. If Berthoud were to take those tax dollars and set aside $400,000 a year for student scholarships, every college-age student could probably attend any community college for free.
In reality, this measure constitutes yet another tax on the people of Berthoud. I cannot in good faith recommend to the citizens I represent another tax when everyone is already stretched thin. People benefit most when they are allowed to keep their money, not when the government spends it for them.
4. Don't forget Pastors and Church Leaders' Day at the Capitol on March 13th. Anyone who is interested is welcome to attend but space is limited so please register as soon as possible online at www.pastorsday.us.
5. Today we had two big floor fights over taxing and spending. The first was the final vote on SB 108, the quarter of a billion dollar "car tax" ($41 increase in registration fees). It passed on essentially a party-line vote. After SB 108 passed, SB 228 was introduced in second reading and we all prepared for a very long debate. After about an hour, they laid it over until Monday. This bill eliminates the 6% growth limit placed the general fund budget. I, along with the overwhelming majority of the Republican caucus, will oppose this bill for several reasons: it is unconstitutional, it will invite much more government growth, and it will make it much more difficult for the state to manage its budget in tight economic times such as we have today. I will provide a more extensive analyses of SB 228 in future correspondence.
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February 17, 2009
1. My Bills2. Town Hall Meetings Across Larimer County
3. Pastor's Day at the Capitol Website is Now Taking Registrations
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1. I introduced three bills last week.
SB 220 encourages job creation in the oil shale industry.
SB 221 is an educational property tax credit for students who move from a public to a private educational format. It gives parents more choices, encourages private education and saves the state scarce educational dollars.
SB 222 specifies the location and size of sign lettering for automated traffic enforcement camera systems
This week I will be introducing two more bills.
One will put in place more transparency for the construction of new school buildings.
The other will modify the mandatory expulsion law for "dangerous weapons" in schools. It will accommodate exceptions such as the high school senior in Douglas County who was suspended for having a drill team facsimile rifle in her car. The bill will not change the teeth of this law, but it will recognize the situations where no threat is present and therefore no law should prohibit.
2. I will be joining Representative BJ Nikkel this Saturday, February 21 at four town hall meetings in Larimer County.
We will be at:
The Berthoud Public Library, 236 Welch Ave. at 10:00 AM
The Wellington Community Church, 8445 3rd st at 1:00 PM
The Livermore Community Church, 276 CR74E at 2:15 PM and
The Red Feather Community Library, 71 Firehouse Lane at 3:45 PM
Rep. Nikkel only will be at the Windsor Community Recreation Center, 250 N. 11th St at 11:30 AM (I am committed to another meeting at that time).
3. As I said earlier, along with several other legislators I am helping launch a "Pastors' Day at the Capitol" on March 13. This is a time for pastors and church leaders to come to the state capitol to learn more about the role churches and church leaders play in the public square. There is limited seating available and registrations are now being taken at www.pastorsday.us.
Consider attending this all day event and please pass this information on to the leadership in your church.
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February 3, 2009
1. Vehicle Emission Testing Bill in Committee this Thursday andFreedom Watch 2009
2. Planning Session at Larimer County Republican Headquarters
3. Pastor's Day at the Capitol Website is Now Taking Registrations
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1. SB-03, what I cave been calling the Fisher/Bacon Car Tax, because
of the taxing cost of time and money it will impose on Larimer and
Weld counties, is scheduled for a public hearing this Thursday
morning, February 5, in the Senate Transportation Committee. If you
think this is an important issue, you can voice your concerns by
speaking at that public hearing. It will be held in Senate Committee
Room #352. I would expect the bill to come up sometime between 9:30
AM and noon.
It has been a slow start for the session, but committee meetings are
now in full swing, with some meetings going way into the evening, and
many bills are moving through the process all at once. For some of the
details that I am seeing I recommend you check out my website page:
http://www.kevinlundberg.com/TheIssues/2009Session/2009FreedomWatch.
2. Last Friday's "brainstorming" session at the Larimer County
Republican headquarters was a great success! Nearly 40 people (it was
hard to get a precise count while leading the meeting) explored better
ways of communicating our Republican message to the people of Larimer
County. In the next few months I will be planning more meetings like
this. It is a great way to help us work better, faster, and smarter in
promoting the principles of good government.
3. As I said earlier, along with several other legislators I am
helping launch a "Pastors' Day at the Capitol" on March 13. This is a
time for pastors and church leaders to come to the state capitol to
learn more about the role churches and church leaders play in the
public square. There is limited seating available and registrations
are now being taken at www.pastorsday.us.
Consider attending this all day event and please pass this information
on to the leadership in your church.
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January 21, 2009
1. U.S. Army Staff Sgt. Justin L. Bauer2. Planning Session at Larimer County Republican Headquarters
3. Pastor's Day at the Capitol
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1. Tuesday, January 20, was a significant day. Not just because a
president was inaugurated, but for the community of Berthoud and much
of Northern Colorado it was the day we gave honor to a soldier who
made the ultimate sacrifice for our country. U.S. Army Staff Sgt.
Justin L. Bauer was laid to rest at Greenlawn Cemetery, east of
Berthoud.
Last week I led the House of Representatives in a moment of silent
tribute for Staff Sergeant Justin Bauer. Upon being sworn in as
senator on Thursday I had the honor of leading the Senate in another
moment of silent tribute. This week I plan on joining Representative
B. J. Nikkel (who will be sworn in tomorrow) in preparing written
tributes for the family of U. S. Army Staff Sergeant Justin Bauer.
2. I will be conducting a "brainstorming" session at the Larimer
County Republican headquarters on Friday, January 30, at 6:30 PM. The
goal is to explore better ways of communicating our Republican message
to the people of Larimer County. Now is the time to retool for the
2010 election and this is one of the ways I intend to help lead us to
a successful election in 2010.
The county headquarters is about a block south and east of Prospect
and Timberline, at 1600 Specht Point Drive, Suite H, Fort Collins, CO
80526. Please join me at this important discussion for our party and
our county.
3. Friday, March 13, several other legislators and I are planning a
"Pastor's Day at the Capitol." This is a time for pastors and church
leaders to come to the state capitol to learn more about the role
churches and church leaders play in the public square. We see this as
an opportunity for church leaders to engage in a public discussion of
many state issues which interface with churches and other religious
institutions.
David Barton of Wallbuilders ministry will be a keynote speaker. Other
organizations
helping to coordinate this project include Colorado Christian
University, Colorado Family Institute, Rocky Mountain Family Council,
the Pillar of Fire Church and KPOF Radio.
Please pass this information on to the leadership in your church.
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January 14, 2009
1. The Fisher/Bacon Car Tax2. Swearing in Ceremony
3. My final speech to the House
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1. One of the first bills already introduced (SB 103) will force all
vehicle owners in Larimer and Weld counties back into the vehicle
emissions inspection program and put significant restrictions on the
classic car registration system.
I have coined this the Fisher/Bacon car tax as a reminder of who is
sponsoring this program that will heavily tax the time and money of
all vehicle owners in Larimer and Weld counties.
2. Tomorrow, January 15, at 8:31 I am scheduled to be sworn in as the
State Senator for District 15. The ceremony will be brief, but I
invite anyone who is interested to come and view the proceedings from
the Senate Gallery on the third floor of the capitol.
3. Today was my final full day as a Representative. Here is the text
of my final comments that I gave to the Colorado House of
Representatives:
Thank you Mr. Speaker.
I have asked for permission to address the House of Representatives,
because, as I am resigning my office as Representative for House
District 49, effective tomorrow, at 8:30 AM, this is my last full day
as a member of the House. I am sure most of you know that I have been
appointed to serve in the Colorado Senate and will be sworn into that
office tomorrow morning shortly after 8:30. I invite any who can to
join me in the Senate chambers for that brief ceremony.
At this time, please allow me a few moments to express my gratitude
and some final thoughts as I complete just over six years of service
here in the House.
First I thank the staff for their diligence and professionalism in
ensuring that all the details of the legislative process are
accomplished on time, efficiently, and always with a smile. To
Marilyn, all of her staff, Tom, and the rest of the sergeants and all
other support personnel I say thank you from the bottom of my heart.
To all of the new members, I regret that I will not have the full
opportunity to share this session with you here in the House. It is a
rich experience to develop the meaningful friendships that each
session brings. I can already sense the tremendous potential within
each one of you and I wish you all the best for these next few months.
To all of my friends with whom I have shared previous sessions, on
both sides of the isle, thank you for enriching my life in so many
ways. We have engaged in political battles, both shoulder to shoulder,
and face to face, and I trust we have all emerged as friends. For my
part I have developed a greater respect for all of you. Thank you for
your continued friendship.
This is a great institution and I consider it a high honor to have
been a member of the Colorado House of Representatives for a few brief
years.
That is the way it is for all of us. It is quickly over. I counsel you
all to understand the brevity of your tenure here, and don't take
yourself too seriousy, but do take the people's business very
seriously.
And, defend the process.
This is the place for all the different perspectives within the state
to come together, and often clash, and finally be moulded into public
policy. If all of it works right, it is also the people's policy.
In my opinion the essence of the process is this:
Everyone must be heard.
We all come with the responsibility to represent our district and to
be true to the principles we committed to uphold when we ran for our
office.
We are obligated to bring that persective to this body, and the body
is obligated to listen. Not everyone's opinion will be followed, but
everyone's opinion must be heard.
As you work in committees and here on the floor, demand that no one is
left out. It can, at times be an exhausting process, but to defraud
any member of our full attention is to defraud the process of its
integrity.
Thank you for these few moments of your full attention. I wish you all
God's Speed.
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January 7, 2009
1. Opening Day for the Session2. My First Bill of the Session
3. Senate Appointment
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1. January 7th 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.
2. This Saturday, January 10th, the vacancy committee for State Senate
District 15 will choose a replacement for Steve Johnson who resigned
due to his being elected to serve on the Larimer County Commission. I
am seeking this state senate appointment and I will report the results
of the meeting later on Saturday.
The vacancy committee meeting will be held at the Pulliam building in
Loveland at 9 AM. The meeting is open to the public. The Pulliam
building is located on Cleveland Ave. between 5th and 6th.
3. Today I introduced my first bill for this session. It is designed
to encourage the creation of jobs in the oil shale industry. The bill
grants a temporary reduction in oil shale severance taxes for any
commercial production facility that is developed to the point that
they hire at least 25% of their workforce by the end of 2011. It will
be good for Colorado and our nation's energy security to encourage the
oil shale industry to launch commercial production facilities now and
start creating new jobs as soon as possible.
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