Printed on 3/9/10
8 - Today Amazon.com cancelled all affiliate business relationships with Colorado businesses because of the passage of HB-1193, the enforcement of internet sales taxes (see Feb. 8 and 10 discussions). Here we go. In our rush to extract as much money as possible out of everyone in Colorado, the state ends up hurting business, citizens and even government revenues.
In Judiciary Committee HB 1135 was heard. This bill is dealing with the "Dissolution of Marriage" portion of our law by replacing "spousal abuse" with "domestic violence" and includes violence or threatened violence to property or animals in the definition. It is probably appropriate to expand this concept. However, the bill also inserts the definition of the adult relationship breaking up to what is called "intimate relationship."
5 - On Third reading three bills were considered. They all passed. The first, SB-26, created a new program in the Department of Higher Education, to track the college intentions of public school students. I voted against this new program.
The second bill was SB-28, creating a new unemployment insurance program for the partially employed (see the discussion on March 1). I joined the rest of the Republican caucus and opposed this new program as well.
The final bill was HB-1001, increasing the renewable energy standard from 20% to 30%. As was the case yesterday, the debate was long, and hard, and broke along party-lines. The main points I tried to make were, first, it is a budget busting bill and, second, there are distinct differences in our political philosophies. Republicans want to support and enable the free market to promote liberty and prosperity. The other party is committed to subsidies and mandates that shares the misery.
The final vote was party-line, again!
4 - HB-1001, raising the renewable energy requirement for the major utilities in Colorado from 20% to 30%, was heard in second reading. We spent most of the day debating this budget busting bill. The budgets it will bust are budgets for families, businesses and government, as it will drive up electricity costs higher for all. It will also distort the marketplace dynamics that could lead to the most effective development of renewable energy. The bill is touted by the proponents as a jobs bill, but in debate it came out that many of the jobs contemplated are from a requirement to have certified installers do all the work, including on homes. This prohibits homeowners from being allowed to install anything under this program without hiring a certified installer. Having successfully installed my own solar system on my home many years ago, without any certified installer, I argued against this heavy handed part of HB-1001.
If we would simply let the free market work, the most cost effective renewable energy solutions will be implemented at the best time. When the government makes the plan, the efficiencies that could be found with businesses going with what works best for their circumstances are co-opted by governmental central planning.
I, along with four other senators challenged the fiscal note, because it did not discuss the impact of higher electric rates on state government. We took an hour off to allow the fiscal note to be prepared, and then we resumed debate.
On the Republican side of the isle we presented amendments all day, and not one was accepted. In lockstep the other side of the isle rejected everything, including an amendment I presented that would have simply firmed up the 2% cap on rate increases and eliminated the rate increases if the standard, or the interim targets are attained earlier than the required time-line.
When the dust settled over the day and the Senate floor, with absolutely no amendments accepted, the bill passed on a party-line vote.
In Health and Human Services Committee HB-1008 was considered. This bill mandates that medical insurance in Colorado may not have any gender rating differences. In testimony a principle proponent for the bill (from the National Women's Law Center) stated that they also believe that age rating should be abolished. That means that medical insurance would cost the same for a ten year old and it would for a 75 year old.
I opposed the bill. Mandates increase costs and this mandate will also lead to the logical conclusion the National Women's Law Center has already admitted.
3 - SB-28 was brought back up for second reading consideration and passed.
In the Health and Human Services Committee SB-167 was passed on a party-line vote. SB-167 regulates medical clinics located in retail stores. It is one more mandate on medical services which presses prices that much higher.
2 - In the Local Government and Energy committee we heard HB-1001, increasing the renewable energy standard for major utilities from 20% to 30%. Despite the clear fact that this will drive electricity costs higher, it passed on a party-line vote.
1 - SB-28 creates a new unemployment insurance program for the partially employed. This means that an employer, instead of laying one person off can reduce the hours for several employees and they can share the unemployment insurance. This is a creative alternative, but it is also a duplication of the current part-time unemployment insurance program. After extensive second reading debate the bill was laid over for further debate on a later date.
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I supported many of the bills, because they were trimming back a little bit, but I still regret that we are not really living within our means. We are still using every trick in the book to spend at the maximum possible rate, and we are stealing from cash funds, increasing taxes, and borrowing from the Federal debt. Only when we build our budgets no bigger than our legitimate revenue will we be building a solid foundation for a prosperous state.
24 - Today the Senate debated the "negative supplementals," balancing the budget for this year's budget. There were 31 bills. I ran an amendment to the Department of Corrections bill, HB-1298, which would have rejected the governor's early release from prison program. Predictably, it was defeated on essentially party-lines (the only exception being the Republican JBC member).
Another bill was vigorously debated, with attempts to amend: HB-1327. This bill raids cash funds, again. This time taking nearly $88,000,000 from designated cash funds. The bill passed second reading
In third reading SB-81 passed, creating another program, this time a task force to study food at schools. HB-1055 allows the Department of Revenue to charge collection fees on top of debts owed from taxpayers (see discussion on the 19th). HB-1055 passed.
In second reading SB-72 passed, requiring all potato growers to use certified seed under most circumstances, and requiring all potato growers to report all of their potato growing activity of one acre or more to the Department of Agriculture. I am troubled by this significant increase of mandatory regulation in agriculture, and I expressed my concerns in second reading debate. The bill passed second reading.
22 - SJR-15 recommends every private 401k in the state invest in renewable energy companies. The resolution has no binding authority, but my confidence in the Legislature giving good investment advice is not very high. The resolution passed the on essentially a party-line vote. However, when the House got the resolution, the Republicans made the argument again and several Democrats saw the logic and joined the Republicans to defeat the resolution.
19 - On second reading HB-1055 came up again. This bill allows the Department of Revenue to charge the collection costs for debt collection, on top of the taxes and interest and penalty fees owed. When a private business turns over a bill to a debt collector, the collection costs come out of the money collected on the debt. HB-1055 gives the Department of Revenue much greater authority than the private sector, and it is more punitive to the taxpayer than I can agree with. The bill passed second reading.
18 - Another program in the Health and Human Services Committee, this time in SB-153. This bill creates the "Behavioral Health Transformation Council." The council is given a "modest" charge: to work toward "a comprehensive, efficient, effective, and integrated behavioral health system" for the state of Colorado. At its very best this program will simply coordinate overlapping mental health services in the state. At its worst I am reminded of Orwell's "1984," Huxley's "Brave New World," or Lewis' "That Hideous Strength."
When I asked what limits this bill places on the council so that it will not develop into a system that would be controlling and possibly coercive in future years. The answer given was not very reassuring, for it amounted mere assurances that we would never do that because our intentions are pure. Okay, but what about in future years, when the program is fully implemented and "a comprehensive, efficient, effective, and integrated behavioral health system" is in place. Can we always trust everyone to have the best of intentions, especially when they have full, unchecked control over a system that is designed to "modify behavior"?
Bottom line: do we trust government to always be the wise, beneficent, and appropriate manager of our mental health or do we consider this to be an over-reaching of the role of government in our lives? Despite my concerns and comments, SB-153 passed.
One more program was introduced (SB-126), raising $200,000 in fees levied on manufactures of drugs, medical devices and medical supplies and the bill will require those manufacturers to publicly report all financial ties with all Colorado health practitioners (gifts, samples, financial interests, etc.) to the Secretary of State. Also fines are established for non-compliance of no less than $1,000, up to $1,000,000.
The bill passed on a party-line vote. It is ironic to note that the very same committee that fully trusts the government to create a comprehensive behavioral health system that could manage the mental health of all Coloradans, is fully willing to slap tight reporting regulations on the private transactions between doctors and medical supply companies.
My bill, SB-160, creates a Medicaid voucher for older Coloradans on Medicaid. The bill is totally optional, would give Medicaid recipients full authority to choose their medical care and could save the state millions of dollars every year. The fiscal note, curiously, said the bill would increase the costs for the Medicaid program, despite the fact that it saves the state 30% of costs for all recipients in the program.
If 1000 people were in the program, and if their regular Medicaid support would have been $6000/month (an easy number to see if one is in a nursing home) then the state would save $24,000,000 a year ($12 million for state funds and $12 million for Federal funds). If it were 5000 people it would be a $120,000,000 total savings!
The Association of American Retired Persons (AARP) opposed the bill, none-the-less, it passed on a 5 to 2 vote.
17 - SB-106 creates a state sponsored Food Systems Advisory Council. Before the vote I observed to the sponsor, Senator Bacon, that the state already established a state agency to improve Colorado's food system, in 1860. Today we call it Colorado State University's School of Agriculture and Extension service. We do not need another group to reinvent this wheel. On a party-line vote the Health and Human Services Committee passed the bill.
15 - Most remarkable today was the hearing on SB-89 in the Judiciary Committee, "concerning the creation of religious bills of rights for individuals connected to public schools." This bill, which I am a co-sponsor of, developed into an opportunity for the left to rail against Christians in the public square. The point of the bill is to clarify the legal religious rights of faculty, students, and staff in public schools. The opponents remind me of Hamlet's words: "Me thinks the lady doth protest too much." Their opposition to simply identifying and communicating the religious rights of citizens in public school was remarkable. The bill died on a party-line vote.
10 - The bills debated in second reading on the 8th were considered in third reading today. The debate lasted all day, ending at about 5:00 PM. For all but the final bill (HB-1193) I spoke of the unconstitutional aspect of every bill, for they are increasing taxes without a vote of the people. HB-1193 is the internet sales tax bill. This bill is not a tax increase as much as it is a tax enforcement bill, but it is probably the biggest bill in the lot, as it would significantly change interstate sales tax policy, if it were ever to be fully implemented. My discussion at the mic was primarily concerning the dysfunctional nature of this bill. After all of the inevitable court challenges and what I expect will be a wholesale lack of enforcement, I doubt if this bill will ever be fully implemented. No Republican supported any of these tax increasing bills all day.
After the floor work, we went into committee meetings. In State Affairs my voter registration drive accountability bill, SB-104 was killed on a party-line vote. In addition, Sen. Renfroe's bill (SB-95) to remove Larimer and Weld counties from the soon to be enforced enhanced emissions testing program was killed on a party-line vote.
8 - Here are the bills we debated, all costing the taxpayers millions more every year. First we finished the debate on HB-1191, the candy and soda pop tax bill. I submitted an amendment to take this to a vote of the people, as the constitution requires. The amendment failed, the bill passed.
HB-1194 was then debated. This bill taxes "non-essential consumables" for restaurants. That means the napkins, straws, and other containers are taxed when the restaurant buys them, and then taxed again when sold to the customer. I brought my lunch to the microphone and asked, "what will be taxed twice?" I held up the napkin, the straw, and spoon, the cup holding an ice-cream drink, the paper wrapping the hamburger, the paper bag that held it all. The bill's sponsor had no answer. He did not know. none-the-less, the bill passed with no Republican voting for it.
HB-1196 removes a tax credit for the purchase of hybrid vehicles. It is another illegal tax, for the Colorado Constitution does not allow such an increase in government revenues without a vote of the people. I moved an amendment to refer this bill to the people. It was rejected, again with all Republicans supporting the amendment. Then, with no Republicans voting for the bill, the bill was passed.
HB-1199 makes it more expensive for big businesses to operate in Colorado by limiting what operating losses they can deduct from their state income taxes. I attempted to amend the bill by referring it to a vote of the people. The amendment was rejected and the bill passed, with no Republicans supporting this anti-business, anti-jobs bill.
HB-1195 taxes agriculture. I argued from the perspective of the dairy industry, who will be hit hard by this bill. Dairies have been stressed to the limit by other economic dynamics already. This bill will be one more load on an industry that can least afford it. I also submitted an amendment to take this to the people for a vote, as the Colorado Constitution requires. The amendment was defeated (party-line) and the bill passed by the same groups.
HB-1192 levies a tax on additional software products. Once again, new taxes during a recession... bad idea. My amendment to take it to the people for a vote was rejected.
HB-1190 taxes energy use of industry. This will really hurt the steel industry in Colorado. How many more taxes can we stand? My amendment to refer it to the people was rejected, along party-lines.
HB-1193 requires out of state retailers who do not collect sales taxes for sales into Colorado to still report to the Colorado Department of Revenue. In addition, it also requires them to send first class letters to all purchasers in Colorado. This runs very close to violating, or in fact does violate the U.S. Constitution's due process provisions and interstate commerce clause. This bill also gives the Department of Revenue subpoena power over any out of state retailer who they suspect might not be complying with this Colorado law. On this bill I sought to remove the safety clause to give the citizens an opportunity to seek a referendum vote on the bill. I did not make it a direct referendum, as it is not a new tax, as much as it is a new enforcement mechanism. In the spirit of TABOR, the people deserve a chance to directly review this bill with their vote. My amendment was rejected (like all the others) and the bill passed.
Throughout this big tax increase battle I repeatedly noted the irony. As the Democrats raise taxes to find more revenue, they are in fact cutting back the economic engine that creates the revenue they are desperately trying to find. None-the-less they march forward with their lockstep march in the wrong direction.
The Senate finally ended the debate at 11:27 PM.
5 - On second reading debate of the Democrat "dirty dozen" bills of tax increases began. We went all day and made it through one bill, HB-1189, taxing direct mail advertising materials. I submitted an amendment calling for a vote of the people. It was defeated. The bill passed with no Republicans supporting the bill. The Senate continued the debate on the tax increases until it recessed for the day, and take up the debate again on Monday, the 9th.
4 - In Senate Health and Human Services SB-68 was considered. This bill modifies the standards required for the Colorado Works Program (Colorado's welfare system). Included is a removal of the immunization requirements for children. I amended the bill to also include the exemptions from immunizations currently in Colorado law (25-4-903 C.R.S.), similar to what we did to SB-56 yesterday.
In HHS SB-6 removes the fees for birth and death certificates for many indigent people. Sounds good, but it also will increase the fees for all others who need these certificates. This is a clear example of redistribution of wealth through the force of government. It also shows how fees can be twisted into taxes, for now the fee for the certificates is not only for the cost of providing them, but also for providing them for others.
3 - SJR-004 was brought back up. It was again clearly stated that the new Federal requirements for Davis-Bacon "prevailing wage" will drive the costs up, probably by 20-25%. We cannot afford such excesses and should stand up to the Obama Administration's unreasonable, budget busting requirements. The resolution passed on a strict party-line vote.
Today the Senate begins to debate the "dirty dozen" tax increase bills. The bills will be heard in Finance today and tomorrow, with the floor debates starting on Friday.
In Senate Health and Human Services we herd SB-56. This bill creates a statewide standard for immunization information provided to parents of public school students. We were able to amend the bill to include the exemptions from immunizations currently in Colorado law (25-4-903 C.R.S.)
2 - SJR-004 was considered. This is the annual approval of water development projects from around the state. It is usually approved by all, but not this year. The Federal government has put a requirement that all water projects be built under the provisions of the Davis-Bacon Act, requiring higher labor costs, even for projects already under contract! This is just like Federal highway funding, which drives the costs of road construction at least 10% higher than what competitive labor costs would be. Because of this controversy, the measure was laid over until tomorrow.
In the Local Government and Energy committee SB-97 passed, concerning County Home Rule Charter Commissions. Currently it takes two votes of the people to convert a county to home rule, which gives the commissioners more power and control over the citizens in the county, one at the beginning of the process and one at the end. SB-97 replaces the first vote of the people with a ruling from the commission and public hearings. This bill partially disenfranchises the people.
1 - In second reading SB-042 was passed: "Concerning prior consent for release of financial information to facilitate investigations of financial exploitation of at-risk adults." That means that banks would provide consent forms which account holders could sign to allow a bank to turn over account information to law enforcement, if they suspect somebody is taking advantage of the account holder. On the surface this looks like a good idea. It is voluntary, and addresses the problem of unscrupulous family members and others who the account holder may trust who steals money from bank accounts they have been given access to.
The concern I have, and expressed at the mic, was the strong possibility of banks, to protect their liability, of turning too many situations over to the authorities and law enforcement becoming regular monitors of any bank account activities that are considered out of the ordinary, in the bank's opinion. It may catch a few more problems, but at what cost to our privacy and autonomy? I also noted that in committee some citizens called for this authority to be mandatory, not voluntary.
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These bills have been called tax breaks for businesses. That is a gross mischaracterization.
First, they are changing long established tax policies and clearly constitute tax increases, which Article Ten, Section Twenty of the Colorado Constitution does not allow without a vote of the people. House Republicans submitted amendments on all of the bills to require a vote of the people and the Democrats defeated them all.
Secondly, some bills are clearly aimed at a particular industry or business practice, but all will have a direct impact on the people of Colorado. Higher prices and lost jobs will hurt everyone. Some bills are direct taxes on the people, like what could be called the sugar tax (HB-1191), adding sales taxes to soda pop and candy, or HB-1192, adding sales tax to software sales, or HB-1193, taxing internet sales.
The bottom line is this: these are illegal tax increases at a time when the people can least afford it. I wish the majority party would spend this much energy on cutting the budget, rather than figuring out ways to dig deeper into our pockets.
27 - In the Senate Health and Human Services committee I heard testimony for several hours on a medical marijuana bill. I am not sure it should be reported as a negative or positive step for freedom, but it has become a significant issue which should be noted in this column. The Colorado constitution establishes the use of marijuana for medical purposes. This bill creates some of the systems that are needed for state oversight of this unique constitutional provision. This bill, SB-109 passed out of committee after several amendments. I voted yes.
In the Senate State Affairs committee my bill, SB-44, to repeal the late fee penalties from the car tax, which was put on the law books last year, was heard. The bill was pulled from the table after testimony, to await the progress of some bills on the same subject in the House. It would be nice to think the bill has some hope of passage in State Affairs, but had it been a serious consideration, the bill would have been sent to a committee that deals with taxes and fees or transportation. My video comments on the bill can be found here.
Over in the House about a dozen bills removing certain tax exemptions (read: tax increases) were scheduled to be heard in committee. The committee went until 3:00 AM and they only worked through seven of the bills. All amendments to refer the tax increases to the people were rejected on party-line votes.
26 - Two of the governor's appointments were debated on the Senate floor; the executive director for the Department of Natural Resources because of the governor's policy against the oil and gas industry, the executive director for the Department of Public Health and Environment because of the governor's policy on carbon dioxide restrictions. Both appointments were passed on pretty much party-line votes.
25 - Today was Military Appreciation Day. The morning was spent in honoring all of our men and women in uniform and particularly those who gave their lives in the line of duty.
In the afternoon the House and Senate Judiciary committees met together to hear several reports from various departments. Two points to note:
The Chief of the Colorado State Patrol stated that alcohol is a factor in about 40% of all traffic fatalities.
Secondly, the attorney general, John Suthers said that if there is no check to the medical marijuana system in Colorado we can expect 100,000 resgistered users in about six months.
22 - The Senate had very little business today. There was a resolution encouraging people to help with the relief effort for Haiti and commending the organizations that are currently working hard in Haiti. I spoke in support of the resolution on the Senate floor.
At noon I went to the Rally for life on the West steps of the capitol. This was one of the largest rallies for life at the capitol, with about 1500 people attending. Several members of the House and Senate (including me) publicly endorsed this year's Personhood Amendment, which Colorado Right to Life is trying to gather enough signatures for to get on the ballot.
One speaker in particular stood out at the rally. She was intelligent, attractive, a wife, mother, and attorney who defends life in court. She is also a remarkable example of why abortions in the case of rape are still wrong, for her life began when her mother was raped at knifepoint. Had abortion been legal she would not have lived. Today, how many people just like her never live to their potential because of abortion?
21 - In a joint Senate and House committee meeting, Tom Plant, director of the Governor's Energy Office (GEO), reported on his department's activities. Their three year budget is about $180,000,000, virtually all from Federal funds. The exclusive focus is on renewable energy programs; rebates, weatherization programs, renewable energy education programs, etc..
When I asked Director Plant about pursuing nuclear energy solutions, he deferred his office's attention to the matter, citing the time, expense and the overall large scale of such projects. It is disappointing to hear that the Governor's Energy Office is ignoring this most significant of energy possibilities for the people of Colorado.
The other problem I have with the GEO is that its policies are based on the unfounded assumption that manmade carbon dioxide emissions are the problem that must be controlled through taxes, subsidies, and mandates (global warming issue).
To many it seems harmless, or even productive to promote renewable energy in Colorado, but the GEO is founded on the premises of the governor's climate change policy ("The Governors Energy Office (GEO) helps implement the Governors Climate Action Plan and the New Energy Economy goals at the utility scale." - GEO website), and most of their work involves taxes, subsidies, and mandates. This policy is a significant threat to our state and nation's future prosperity, and therefore the well being of our citizens.
In our era of oceans of Federal red ink, and ever shrinking state funds, the GEO's $180,000,000 could be put to better use.
19 - After an extended weekend the legislature again met on Tuesday.
Sponsored by the Independence Institute, a rally was held on the west steps of the capitol urging Congress to back off from their plan to force Colorado citizens into their healthcare program. This was a pro-Tenth Amendment and anti- Obama health-care rally. Hundreds of people attended and I was given an opportunity to speak to the rally.
In the Local Government committee a great deal of time was spent discussing increasing the salaries for county employees. A task force of county officials were reporting back on a study they were charged to conduct. What I found incredible was their insistence that we proceed with the increases, despite the current economic circumstances. I should hope that all such considerations be tabled this year and we spend more time looking at ways to trim back budgets.
14 - First SB 36 passes the Senate third reading. I explained my no vote (along with 6 others) in the terms of not wanting to add to the $12 trillion Federal debt and not wanting to add than many more mandates and strings (I called them thick ropes) to our schools. Later in the day the House went through the same routine on SB 36 as we did on Wednesday.
13 - Opening day for the session. Before the morning is over SB 36 is introduced, fast tracking a study of public school teacher effectiveness. The goal of accountability is laudable, but the additional cost at this time is not justifiable, nor is the prospect of more Federal oversight of our schools. In addition, during floor debate in the afternoon, Senator Heath says that this is part of a hoped for $400,000,000 Federal grant for Colorado schools (part of the Race to the Top program). Washington D.C. is already drowning in red ink. This is too much to saddle future generations with.
After two committee approvals SB 36 passes second reading.
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< Back to 2010 Session
2010 Freedom Watch
Home / The Issues / 2010 Session
So much that happens at the legislature happens in very small steps, but each step leads in a clear direction. Far too often that direction is for more government control of private businesses, individual citizens, and families.
2010 Freedom Watch is my journal of those many steps that are taken every day during the legislative session.
It is a compilation of the good bills, the bad bills, and any other actions of note. Unfortunately, the good bills promoting healthy families, freedom and personal responsibility are rare and will seldom be found in a list of bills passed by the Colorado legislature in 2010.
Bills that take steps in the right direction, or bad bills that are defeated will be listed in bold typeface.
Here is my running commentary on the 2010 session, with the latest entry at the top of the page:
2010 Freedom Watch is my journal of those many steps that are taken every day during the legislative session.
It is a compilation of the good bills, the bad bills, and any other actions of note. Unfortunately, the good bills promoting healthy families, freedom and personal responsibility are rare and will seldom be found in a list of bills passed by the Colorado legislature in 2010.
Bills that take steps in the right direction, or bad bills that are defeated will be listed in bold typeface.
Here is my running commentary on the 2010 session, with the latest entry at the top of the page:
March
9 - SB-76 has a title that sounds great: "Concerning Unreasonable Insurance Claims Settlement Practices." No one wants to see unreasonable insurance claims settlements. The bill prohibits insurance companies from paying any employee to "encourage the decision to deny, or delay the resolution of, a claim..." The problem is, where does the line lay between properly processing claims and what this bill prohibits? This is government micro-management of businesses. If any insurance company refuses to properly settle a claim, there are already remedies in place to hold them to their contract. More vague laws of this sort will not fix abuses, but it will increase the cost of doing business in Colorado and thus drive up costs for everyone.8 - Today Amazon.com cancelled all affiliate business relationships with Colorado businesses because of the passage of HB-1193, the enforcement of internet sales taxes (see Feb. 8 and 10 discussions). Here we go. In our rush to extract as much money as possible out of everyone in Colorado, the state ends up hurting business, citizens and even government revenues.
In Judiciary Committee HB 1135 was heard. This bill is dealing with the "Dissolution of Marriage" portion of our law by replacing "spousal abuse" with "domestic violence" and includes violence or threatened violence to property or animals in the definition. It is probably appropriate to expand this concept. However, the bill also inserts the definition of the adult relationship breaking up to what is called "intimate relationship."
5 - On Third reading three bills were considered. They all passed. The first, SB-26, created a new program in the Department of Higher Education, to track the college intentions of public school students. I voted against this new program.
The second bill was SB-28, creating a new unemployment insurance program for the partially employed (see the discussion on March 1). I joined the rest of the Republican caucus and opposed this new program as well.
The final bill was HB-1001, increasing the renewable energy standard from 20% to 30%. As was the case yesterday, the debate was long, and hard, and broke along party-lines. The main points I tried to make were, first, it is a budget busting bill and, second, there are distinct differences in our political philosophies. Republicans want to support and enable the free market to promote liberty and prosperity. The other party is committed to subsidies and mandates that shares the misery.
The final vote was party-line, again!
4 - HB-1001, raising the renewable energy requirement for the major utilities in Colorado from 20% to 30%, was heard in second reading. We spent most of the day debating this budget busting bill. The budgets it will bust are budgets for families, businesses and government, as it will drive up electricity costs higher for all. It will also distort the marketplace dynamics that could lead to the most effective development of renewable energy. The bill is touted by the proponents as a jobs bill, but in debate it came out that many of the jobs contemplated are from a requirement to have certified installers do all the work, including on homes. This prohibits homeowners from being allowed to install anything under this program without hiring a certified installer. Having successfully installed my own solar system on my home many years ago, without any certified installer, I argued against this heavy handed part of HB-1001.
If we would simply let the free market work, the most cost effective renewable energy solutions will be implemented at the best time. When the government makes the plan, the efficiencies that could be found with businesses going with what works best for their circumstances are co-opted by governmental central planning.
I, along with four other senators challenged the fiscal note, because it did not discuss the impact of higher electric rates on state government. We took an hour off to allow the fiscal note to be prepared, and then we resumed debate.
On the Republican side of the isle we presented amendments all day, and not one was accepted. In lockstep the other side of the isle rejected everything, including an amendment I presented that would have simply firmed up the 2% cap on rate increases and eliminated the rate increases if the standard, or the interim targets are attained earlier than the required time-line.
When the dust settled over the day and the Senate floor, with absolutely no amendments accepted, the bill passed on a party-line vote.
In Health and Human Services Committee HB-1008 was considered. This bill mandates that medical insurance in Colorado may not have any gender rating differences. In testimony a principle proponent for the bill (from the National Women's Law Center) stated that they also believe that age rating should be abolished. That means that medical insurance would cost the same for a ten year old and it would for a 75 year old.
I opposed the bill. Mandates increase costs and this mandate will also lead to the logical conclusion the National Women's Law Center has already admitted.
3 - SB-28 was brought back up for second reading consideration and passed.
In the Health and Human Services Committee SB-167 was passed on a party-line vote. SB-167 regulates medical clinics located in retail stores. It is one more mandate on medical services which presses prices that much higher.
2 - In the Local Government and Energy committee we heard HB-1001, increasing the renewable energy standard for major utilities from 20% to 30%. Despite the clear fact that this will drive electricity costs higher, it passed on a party-line vote.
1 - SB-28 creates a new unemployment insurance program for the partially employed. This means that an employer, instead of laying one person off can reduce the hours for several employees and they can share the unemployment insurance. This is a creative alternative, but it is also a duplication of the current part-time unemployment insurance program. After extensive second reading debate the bill was laid over for further debate on a later date.
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February
26 - Today we voted on 48 bills in third reading. All passed. Thirty-one were the budget balancing supplementals. Most retracted the budget to some degree, but far too much was taken from cash funds which were collected for other purposes, (like the waste tire disposal fund), or the budgets were propped up with one-time Federal funds that were created through more Federal debt, or they were funded with the new taxes passed last week.I supported many of the bills, because they were trimming back a little bit, but I still regret that we are not really living within our means. We are still using every trick in the book to spend at the maximum possible rate, and we are stealing from cash funds, increasing taxes, and borrowing from the Federal debt. Only when we build our budgets no bigger than our legitimate revenue will we be building a solid foundation for a prosperous state.
24 - Today the Senate debated the "negative supplementals," balancing the budget for this year's budget. There were 31 bills. I ran an amendment to the Department of Corrections bill, HB-1298, which would have rejected the governor's early release from prison program. Predictably, it was defeated on essentially party-lines (the only exception being the Republican JBC member).
Another bill was vigorously debated, with attempts to amend: HB-1327. This bill raids cash funds, again. This time taking nearly $88,000,000 from designated cash funds. The bill passed second reading
In third reading SB-81 passed, creating another program, this time a task force to study food at schools. HB-1055 allows the Department of Revenue to charge collection fees on top of debts owed from taxpayers (see discussion on the 19th). HB-1055 passed.
In second reading SB-72 passed, requiring all potato growers to use certified seed under most circumstances, and requiring all potato growers to report all of their potato growing activity of one acre or more to the Department of Agriculture. I am troubled by this significant increase of mandatory regulation in agriculture, and I expressed my concerns in second reading debate. The bill passed second reading.
22 - SJR-15 recommends every private 401k in the state invest in renewable energy companies. The resolution has no binding authority, but my confidence in the Legislature giving good investment advice is not very high. The resolution passed the on essentially a party-line vote. However, when the House got the resolution, the Republicans made the argument again and several Democrats saw the logic and joined the Republicans to defeat the resolution.
19 - On second reading HB-1055 came up again. This bill allows the Department of Revenue to charge the collection costs for debt collection, on top of the taxes and interest and penalty fees owed. When a private business turns over a bill to a debt collector, the collection costs come out of the money collected on the debt. HB-1055 gives the Department of Revenue much greater authority than the private sector, and it is more punitive to the taxpayer than I can agree with. The bill passed second reading.
18 - Another program in the Health and Human Services Committee, this time in SB-153. This bill creates the "Behavioral Health Transformation Council." The council is given a "modest" charge: to work toward "a comprehensive, efficient, effective, and integrated behavioral health system" for the state of Colorado. At its very best this program will simply coordinate overlapping mental health services in the state. At its worst I am reminded of Orwell's "1984," Huxley's "Brave New World," or Lewis' "That Hideous Strength."
When I asked what limits this bill places on the council so that it will not develop into a system that would be controlling and possibly coercive in future years. The answer given was not very reassuring, for it amounted mere assurances that we would never do that because our intentions are pure. Okay, but what about in future years, when the program is fully implemented and "a comprehensive, efficient, effective, and integrated behavioral health system" is in place. Can we always trust everyone to have the best of intentions, especially when they have full, unchecked control over a system that is designed to "modify behavior"?
Bottom line: do we trust government to always be the wise, beneficent, and appropriate manager of our mental health or do we consider this to be an over-reaching of the role of government in our lives? Despite my concerns and comments, SB-153 passed.
One more program was introduced (SB-126), raising $200,000 in fees levied on manufactures of drugs, medical devices and medical supplies and the bill will require those manufacturers to publicly report all financial ties with all Colorado health practitioners (gifts, samples, financial interests, etc.) to the Secretary of State. Also fines are established for non-compliance of no less than $1,000, up to $1,000,000.
The bill passed on a party-line vote. It is ironic to note that the very same committee that fully trusts the government to create a comprehensive behavioral health system that could manage the mental health of all Coloradans, is fully willing to slap tight reporting regulations on the private transactions between doctors and medical supply companies.
My bill, SB-160, creates a Medicaid voucher for older Coloradans on Medicaid. The bill is totally optional, would give Medicaid recipients full authority to choose their medical care and could save the state millions of dollars every year. The fiscal note, curiously, said the bill would increase the costs for the Medicaid program, despite the fact that it saves the state 30% of costs for all recipients in the program.
If 1000 people were in the program, and if their regular Medicaid support would have been $6000/month (an easy number to see if one is in a nursing home) then the state would save $24,000,000 a year ($12 million for state funds and $12 million for Federal funds). If it were 5000 people it would be a $120,000,000 total savings!
The Association of American Retired Persons (AARP) opposed the bill, none-the-less, it passed on a 5 to 2 vote.
17 - SB-106 creates a state sponsored Food Systems Advisory Council. Before the vote I observed to the sponsor, Senator Bacon, that the state already established a state agency to improve Colorado's food system, in 1860. Today we call it Colorado State University's School of Agriculture and Extension service. We do not need another group to reinvent this wheel. On a party-line vote the Health and Human Services Committee passed the bill.
15 - Most remarkable today was the hearing on SB-89 in the Judiciary Committee, "concerning the creation of religious bills of rights for individuals connected to public schools." This bill, which I am a co-sponsor of, developed into an opportunity for the left to rail against Christians in the public square. The point of the bill is to clarify the legal religious rights of faculty, students, and staff in public schools. The opponents remind me of Hamlet's words: "Me thinks the lady doth protest too much." Their opposition to simply identifying and communicating the religious rights of citizens in public school was remarkable. The bill died on a party-line vote.
10 - The bills debated in second reading on the 8th were considered in third reading today. The debate lasted all day, ending at about 5:00 PM. For all but the final bill (HB-1193) I spoke of the unconstitutional aspect of every bill, for they are increasing taxes without a vote of the people. HB-1193 is the internet sales tax bill. This bill is not a tax increase as much as it is a tax enforcement bill, but it is probably the biggest bill in the lot, as it would significantly change interstate sales tax policy, if it were ever to be fully implemented. My discussion at the mic was primarily concerning the dysfunctional nature of this bill. After all of the inevitable court challenges and what I expect will be a wholesale lack of enforcement, I doubt if this bill will ever be fully implemented. No Republican supported any of these tax increasing bills all day.
After the floor work, we went into committee meetings. In State Affairs my voter registration drive accountability bill, SB-104 was killed on a party-line vote. In addition, Sen. Renfroe's bill (SB-95) to remove Larimer and Weld counties from the soon to be enforced enhanced emissions testing program was killed on a party-line vote.
8 - Here are the bills we debated, all costing the taxpayers millions more every year. First we finished the debate on HB-1191, the candy and soda pop tax bill. I submitted an amendment to take this to a vote of the people, as the constitution requires. The amendment failed, the bill passed.
HB-1194 was then debated. This bill taxes "non-essential consumables" for restaurants. That means the napkins, straws, and other containers are taxed when the restaurant buys them, and then taxed again when sold to the customer. I brought my lunch to the microphone and asked, "what will be taxed twice?" I held up the napkin, the straw, and spoon, the cup holding an ice-cream drink, the paper wrapping the hamburger, the paper bag that held it all. The bill's sponsor had no answer. He did not know. none-the-less, the bill passed with no Republican voting for it.
HB-1196 removes a tax credit for the purchase of hybrid vehicles. It is another illegal tax, for the Colorado Constitution does not allow such an increase in government revenues without a vote of the people. I moved an amendment to refer this bill to the people. It was rejected, again with all Republicans supporting the amendment. Then, with no Republicans voting for the bill, the bill was passed.
HB-1199 makes it more expensive for big businesses to operate in Colorado by limiting what operating losses they can deduct from their state income taxes. I attempted to amend the bill by referring it to a vote of the people. The amendment was rejected and the bill passed, with no Republicans supporting this anti-business, anti-jobs bill.
HB-1195 taxes agriculture. I argued from the perspective of the dairy industry, who will be hit hard by this bill. Dairies have been stressed to the limit by other economic dynamics already. This bill will be one more load on an industry that can least afford it. I also submitted an amendment to take this to the people for a vote, as the Colorado Constitution requires. The amendment was defeated (party-line) and the bill passed by the same groups.
HB-1192 levies a tax on additional software products. Once again, new taxes during a recession... bad idea. My amendment to take it to the people for a vote was rejected.
HB-1190 taxes energy use of industry. This will really hurt the steel industry in Colorado. How many more taxes can we stand? My amendment to refer it to the people was rejected, along party-lines.
HB-1193 requires out of state retailers who do not collect sales taxes for sales into Colorado to still report to the Colorado Department of Revenue. In addition, it also requires them to send first class letters to all purchasers in Colorado. This runs very close to violating, or in fact does violate the U.S. Constitution's due process provisions and interstate commerce clause. This bill also gives the Department of Revenue subpoena power over any out of state retailer who they suspect might not be complying with this Colorado law. On this bill I sought to remove the safety clause to give the citizens an opportunity to seek a referendum vote on the bill. I did not make it a direct referendum, as it is not a new tax, as much as it is a new enforcement mechanism. In the spirit of TABOR, the people deserve a chance to directly review this bill with their vote. My amendment was rejected (like all the others) and the bill passed.
Throughout this big tax increase battle I repeatedly noted the irony. As the Democrats raise taxes to find more revenue, they are in fact cutting back the economic engine that creates the revenue they are desperately trying to find. None-the-less they march forward with their lockstep march in the wrong direction.
The Senate finally ended the debate at 11:27 PM.
5 - On second reading debate of the Democrat "dirty dozen" bills of tax increases began. We went all day and made it through one bill, HB-1189, taxing direct mail advertising materials. I submitted an amendment calling for a vote of the people. It was defeated. The bill passed with no Republicans supporting the bill. The Senate continued the debate on the tax increases until it recessed for the day, and take up the debate again on Monday, the 9th.
4 - In Senate Health and Human Services SB-68 was considered. This bill modifies the standards required for the Colorado Works Program (Colorado's welfare system). Included is a removal of the immunization requirements for children. I amended the bill to also include the exemptions from immunizations currently in Colorado law (25-4-903 C.R.S.), similar to what we did to SB-56 yesterday.
In HHS SB-6 removes the fees for birth and death certificates for many indigent people. Sounds good, but it also will increase the fees for all others who need these certificates. This is a clear example of redistribution of wealth through the force of government. It also shows how fees can be twisted into taxes, for now the fee for the certificates is not only for the cost of providing them, but also for providing them for others.
3 - SJR-004 was brought back up. It was again clearly stated that the new Federal requirements for Davis-Bacon "prevailing wage" will drive the costs up, probably by 20-25%. We cannot afford such excesses and should stand up to the Obama Administration's unreasonable, budget busting requirements. The resolution passed on a strict party-line vote.
Today the Senate begins to debate the "dirty dozen" tax increase bills. The bills will be heard in Finance today and tomorrow, with the floor debates starting on Friday.
In Senate Health and Human Services we herd SB-56. This bill creates a statewide standard for immunization information provided to parents of public school students. We were able to amend the bill to include the exemptions from immunizations currently in Colorado law (25-4-903 C.R.S.)
2 - SJR-004 was considered. This is the annual approval of water development projects from around the state. It is usually approved by all, but not this year. The Federal government has put a requirement that all water projects be built under the provisions of the Davis-Bacon Act, requiring higher labor costs, even for projects already under contract! This is just like Federal highway funding, which drives the costs of road construction at least 10% higher than what competitive labor costs would be. Because of this controversy, the measure was laid over until tomorrow.
In the Local Government and Energy committee SB-97 passed, concerning County Home Rule Charter Commissions. Currently it takes two votes of the people to convert a county to home rule, which gives the commissioners more power and control over the citizens in the county, one at the beginning of the process and one at the end. SB-97 replaces the first vote of the people with a ruling from the commission and public hearings. This bill partially disenfranchises the people.
1 - In second reading SB-042 was passed: "Concerning prior consent for release of financial information to facilitate investigations of financial exploitation of at-risk adults." That means that banks would provide consent forms which account holders could sign to allow a bank to turn over account information to law enforcement, if they suspect somebody is taking advantage of the account holder. On the surface this looks like a good idea. It is voluntary, and addresses the problem of unscrupulous family members and others who the account holder may trust who steals money from bank accounts they have been given access to.
The concern I have, and expressed at the mic, was the strong possibility of banks, to protect their liability, of turning too many situations over to the authorities and law enforcement becoming regular monitors of any bank account activities that are considered out of the ordinary, in the bank's opinion. It may catch a few more problems, but at what cost to our privacy and autonomy? I also noted that in committee some citizens called for this authority to be mandatory, not voluntary.
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January
29- The media didn't make this the top story of the week, but under the gold dome it certainly was the main event as the Democrat majority introduced in the House several bills illegally increasing many taxes. The entry for the 27th covers the first round of the battle. House Finance then heard the rest of the bills on Friday, spending another six and a half hours in committee. Finally the House met for second reading on the bills, and that lasted until after midnight! I applaud the entire Republican House caucus. Despite the fact that the Democrats are using their majority to drive all of these taxes down our throats, the House Republicans stood shoulder-to-shoulder defending the people of Colorado.These bills have been called tax breaks for businesses. That is a gross mischaracterization.
First, they are changing long established tax policies and clearly constitute tax increases, which Article Ten, Section Twenty of the Colorado Constitution does not allow without a vote of the people. House Republicans submitted amendments on all of the bills to require a vote of the people and the Democrats defeated them all.
Secondly, some bills are clearly aimed at a particular industry or business practice, but all will have a direct impact on the people of Colorado. Higher prices and lost jobs will hurt everyone. Some bills are direct taxes on the people, like what could be called the sugar tax (HB-1191), adding sales taxes to soda pop and candy, or HB-1192, adding sales tax to software sales, or HB-1193, taxing internet sales.
The bottom line is this: these are illegal tax increases at a time when the people can least afford it. I wish the majority party would spend this much energy on cutting the budget, rather than figuring out ways to dig deeper into our pockets.
27 - In the Senate Health and Human Services committee I heard testimony for several hours on a medical marijuana bill. I am not sure it should be reported as a negative or positive step for freedom, but it has become a significant issue which should be noted in this column. The Colorado constitution establishes the use of marijuana for medical purposes. This bill creates some of the systems that are needed for state oversight of this unique constitutional provision. This bill, SB-109 passed out of committee after several amendments. I voted yes.
In the Senate State Affairs committee my bill, SB-44, to repeal the late fee penalties from the car tax, which was put on the law books last year, was heard. The bill was pulled from the table after testimony, to await the progress of some bills on the same subject in the House. It would be nice to think the bill has some hope of passage in State Affairs, but had it been a serious consideration, the bill would have been sent to a committee that deals with taxes and fees or transportation. My video comments on the bill can be found here.
Over in the House about a dozen bills removing certain tax exemptions (read: tax increases) were scheduled to be heard in committee. The committee went until 3:00 AM and they only worked through seven of the bills. All amendments to refer the tax increases to the people were rejected on party-line votes.
26 - Two of the governor's appointments were debated on the Senate floor; the executive director for the Department of Natural Resources because of the governor's policy against the oil and gas industry, the executive director for the Department of Public Health and Environment because of the governor's policy on carbon dioxide restrictions. Both appointments were passed on pretty much party-line votes.
25 - Today was Military Appreciation Day. The morning was spent in honoring all of our men and women in uniform and particularly those who gave their lives in the line of duty.
In the afternoon the House and Senate Judiciary committees met together to hear several reports from various departments. Two points to note:
The Chief of the Colorado State Patrol stated that alcohol is a factor in about 40% of all traffic fatalities.
Secondly, the attorney general, John Suthers said that if there is no check to the medical marijuana system in Colorado we can expect 100,000 resgistered users in about six months.
22 - The Senate had very little business today. There was a resolution encouraging people to help with the relief effort for Haiti and commending the organizations that are currently working hard in Haiti. I spoke in support of the resolution on the Senate floor.
At noon I went to the Rally for life on the West steps of the capitol. This was one of the largest rallies for life at the capitol, with about 1500 people attending. Several members of the House and Senate (including me) publicly endorsed this year's Personhood Amendment, which Colorado Right to Life is trying to gather enough signatures for to get on the ballot.
One speaker in particular stood out at the rally. She was intelligent, attractive, a wife, mother, and attorney who defends life in court. She is also a remarkable example of why abortions in the case of rape are still wrong, for her life began when her mother was raped at knifepoint. Had abortion been legal she would not have lived. Today, how many people just like her never live to their potential because of abortion?
21 - In a joint Senate and House committee meeting, Tom Plant, director of the Governor's Energy Office (GEO), reported on his department's activities. Their three year budget is about $180,000,000, virtually all from Federal funds. The exclusive focus is on renewable energy programs; rebates, weatherization programs, renewable energy education programs, etc..
When I asked Director Plant about pursuing nuclear energy solutions, he deferred his office's attention to the matter, citing the time, expense and the overall large scale of such projects. It is disappointing to hear that the Governor's Energy Office is ignoring this most significant of energy possibilities for the people of Colorado.
The other problem I have with the GEO is that its policies are based on the unfounded assumption that manmade carbon dioxide emissions are the problem that must be controlled through taxes, subsidies, and mandates (global warming issue).
To many it seems harmless, or even productive to promote renewable energy in Colorado, but the GEO is founded on the premises of the governor's climate change policy ("The Governors Energy Office (GEO) helps implement the Governors Climate Action Plan and the New Energy Economy goals at the utility scale." - GEO website), and most of their work involves taxes, subsidies, and mandates. This policy is a significant threat to our state and nation's future prosperity, and therefore the well being of our citizens.
In our era of oceans of Federal red ink, and ever shrinking state funds, the GEO's $180,000,000 could be put to better use.
19 - After an extended weekend the legislature again met on Tuesday.
Sponsored by the Independence Institute, a rally was held on the west steps of the capitol urging Congress to back off from their plan to force Colorado citizens into their healthcare program. This was a pro-Tenth Amendment and anti- Obama health-care rally. Hundreds of people attended and I was given an opportunity to speak to the rally.
In the Local Government committee a great deal of time was spent discussing increasing the salaries for county employees. A task force of county officials were reporting back on a study they were charged to conduct. What I found incredible was their insistence that we proceed with the increases, despite the current economic circumstances. I should hope that all such considerations be tabled this year and we spend more time looking at ways to trim back budgets.
14 - First SB 36 passes the Senate third reading. I explained my no vote (along with 6 others) in the terms of not wanting to add to the $12 trillion Federal debt and not wanting to add than many more mandates and strings (I called them thick ropes) to our schools. Later in the day the House went through the same routine on SB 36 as we did on Wednesday.
13 - Opening day for the session. Before the morning is over SB 36 is introduced, fast tracking a study of public school teacher effectiveness. The goal of accountability is laudable, but the additional cost at this time is not justifiable, nor is the prospect of more Federal oversight of our schools. In addition, during floor debate in the afternoon, Senator Heath says that this is part of a hoped for $400,000,000 Federal grant for Colorado schools (part of the Race to the Top program). Washington D.C. is already drowning in red ink. This is too much to saddle future generations with.
After two committee approvals SB 36 passes second reading.
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