Printed on 6/28/10
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 student's 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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I had the privilege of joining the rally at the state capitol. Similar to the TEA parties across the nation, 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 who shared with me his story. He was 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 solution and the legitimate 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 eighteenth century.
Here, in twenty-first century America, we do not have the tyranny of a king to contend with, instead we have a bloated government bureaucracy and the failed notion that the collective values of the state are more important than the individual's inalienable rights and responsibilities.
At the time of the state capitol TEA Party there was a window open in the House chambers. As the crowd gathered, 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 the people were asking for was that their representatives listen to them. This was a real world example of the reason for these TEA parties: legislators 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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These guardrails have been good for the people of Colorado.
Now we are considering the removal of that 6% spending limit, without a vote of the people. Article X, Section 20 is clear, any relaxing of limitations on government revenue, spending, and debt are to be granted only by a vote of those governed.
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."
The fiscal guardrails we put in place have worked. Our state is weathering the current economic problems better than most other states. We have 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.
This bill is a sharp contrast to the principles of limited taxes and limited government. It is more of the same tax and spend policies that we have had for far too many years.
We should honor our commitments to the people: keep the fiscal guardrails in place, follow the state constitution, and keep government limited in size and cost. Our job is to defend the inalienable rights of the citizens of Colorado, not expand the scope and authority of the state's power over its citizens.
Vote no on Senate bill 228.
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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.
This bill is a sharp contrast to the Republican principles of limited taxes and limited government. 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.
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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"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."
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We now have before us the final decision: to accept or reject this plan. Before casting my vote on this major policy for the state of Colorado I must give this body and the people of Senate District 15 the reasons I have for my vote on Senate Bill 108.
First, it is a tax, a quarter of a billion dollar tax, every year, and we are not taking this tax to the people for their vote, as the constitution clearly requires.
Second, it is long term debt, and, once again, we are not taking it to the people for their vote, as the constitution requires.
Finally, with this car tax we are forcing the people of Colorado to make a significant sacrifice, but I do not see in the bill, nor have I heard in the debate, any commitment on the part of the state government to reorganize other priorities and find more money for this plan's worthy goals from the rest of the state budget.
Of course, we are facing a huge budget shortfall, so how could we possibly find more money from existing state resources? Well, that is precisely the point for the people of Colorado. They too, are in the worst of economic circumstances and this car tax is going to come down hardest on those who can least afford it. For many Colorado citizens who can barely afford a car, this car tax will nearly triple their annual registration costs.
I cannot endorse such a heavy, inequitable tax.
I will not violate the clear intent of the constitution.
My vote, for this car tax, is no.
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It is humbling to receive all of this kind attention. It is also encouraging, because I know it is not just me, we are here today because we all care deeply about our state and our future.
As I said to the Senate District 15 vacancy committee, just last Saturday: I believe in each one of you, and I believe in the American Dream. I believe that American Dream is rooted in the solid principles of freedom and our job is to preserve that freedom for future generations.
That is, I trust, why we are all here today.
As I begin my role as the state senator for District 15 I pray that I will never lose sight of the fact that I am here because of the future I want to see for my children, Scott, Laura, and Christy, who are all here with me today.
May this be a time that we are all reminded of our responsibility to defend life and liberty, not just because it is good for us, but that these God given, inalienable rights are what we must pass on to future generations.
Again, thank you for coming.
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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 molded 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 on 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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As our time is limited, I included my background in the packet you should have been given earlier.
Concerning my record:
The past six years in the legislature have taught me many things. The most important is to be true to your word and stick to your principles. As your state senator I will continue to fight for the common-sense, conservative values that I have consistently supported in the House.
Now, let me set my legislative record straight. Despite the claim that you may have heard that I have been the prime sponsor of less than 10 bills, you should know that, in fact, I have introduced 41 House bills, 13 Senate bills, and 10 resolutions. Sixteen of these measures, so far, have passed.
Some did not pass because I don't just run the "safe" bills. I have the courage and the fortitude to carry some of the tough issues. These have included pro-life and pro-marriage issues, tax reform, eminent domain reform, innovative programs for Medicaid and educational choice, rainy day funds that we could certainly have put to good use in today's budget cycle, transportation funding, and illegal immigration issues.
I make no apologies for carrying any one of these measures. They may not always become law the first time they are introduced, but I know that you, the people who sent me down to the capitol care deeply about all of these significant matters of our time and I will not back away just because it may be uncomfortable for the politically correct crowd.
Among the measures I carried that did become law was a bill for public trustees that, in the first year alone, resulted in a check for Larimer county government of over $300,000. Another bill now allows the public to legally copy and distribute portions of Colorado's statues. Incredibly, before that bill became law, you were breaking the law if you gave out even one sentence of the Colorado Revised Statutes without first asking for specific permission! Two other measures that passed concern the bark beetle epidemic and in 2007 and 2008. I was also successful with two separate bills that allow the significant gas and prescription drug discount programs which are now in place at several major retail stores.
Concerning my overall voting record, those who follow it closely give me high marks for the votes I have cast everyday in the legislature, and I have never been absent, even once, at work for you. This past year my vote rating with the Northern Colorado Legislative Alliance (which is a coalition of the chambers of commerce in Fort Collins, Loveland and Greeley) was 100%, as was my vote rating with the Colorado Home Builders Association. I have always been at least among the top three of all representatives in the House as rated by the Colorado Union of Taxpayers. The Colorado Conservative Justice League (who defend businesses and oppose the worst ideas that some trial lawyers concoct) has given me the Common Sense in the Courtroom award three times. The National Federation of Independent Business honored me with the "Guardian of Small Business" award. Rocky Mountain Family Counsel gave me the "Legislative Champion for the Family" award, and I have also received the "Wilberforce Award for Conservative Statesmanship in Colorado".
In this past election I was endorsed by the Colorado Association of Commerce and Industry, the NFIB and the Associated Builders and Contractors. In addition, this year I was selected to serve as the chairman of the Republican Study Committee of Colorado.
All of these accomplishments, honors, and awards are humbling, but I include them here to give you an idea of what you can expect from me as your state senator.
The final part of my record that concerns this discussion is my record with the voters. In the 2002 primary, among contested races, I gathered the highest percentage of the vote of any Republican in the state.
In all the following elections I have had serious Democrat opponents and those have been difficult years for all Republicans. But the people in District 49 have given me larger majorities every time. This past year I received the largest percentage of approval that I have ever received and it was, across the entire district, a higher percentage than any other Republican candidate who had a contested race in Larimer County.
I have always run positive races and I have cast principled votes and the people have honored that with stronger and stronger election results in every election cycle.
The problems our party has experienced have not been because our principles need to change, but because we haven't lived up to them. Some say that we should run to the middle to try to get ahead of the crowd. I disagree; we should lead straight forward. A lower tax burden and less government is clearly what most people voted for in the amendments, even during this past election. Republican leaders should forthrightly stand for those very same principles.
Larimer County and the State of Colorado deserve strong, effective leadership, and I believe that is why I have been honored with the endorsement of the Senate Republican caucus leader, Mike Kopp, the senate assistant-republican leader, Greg Brophy, the senate Republican leader, Josh Penry and the last Republican who served as the senate president, John Andrews . Like you, they know I have stood strong for the cause of small government, lower taxes, fiscal responsibility and personal freedom. My record shows that I am a tireless advocate for true conservative principles.
Many others have also endorsed me. Among them are former U.S. Senator Bill Armstrong, former Loveland state representatives Cliff Bryan and Jim Welker, and many of my colleagues in the Colorado House.
That is my record, but what of my vision for tomorrow?
To sum it up, I would say that I believe in each one of you, and I believe in the American Dream. I believe that freedom should still mean something in the 21st century. Civil government has an important role to play, but it should never, ever become so big and so powerful that it overwhelms our liberty with mandates, taxes, fees, and endless bureaucracies. I believe the American Dream is rooted in the solid principles of freedom and our job is to preserve that freedom for future generations.
It is customary in an event like this to ask all of your friends and supporters come up and stand with you during your speech. Well, I thought I would do that part a bit differently. I have pretty much stood here all alone and given you my record and my vision. I have but a few moments left, and I am going to spend these final few moments asking you to stand up with me, right now.
If you agree that we can only move forward, as a party and as a state, if we hold true to our principles of good government, stand with me.
If you believe that limited government means just what it says, stand with me.
If you believe that our children should understand that the American Dream is only possible if this continues to be the home of the brave and the land of the free, stand with me.
If you believe that life and liberty are inalienable rights granted by God, not government, and the government's responsibility is to defend those rights, stand with me.
I am confident that if we stand together, holding fast to the solid principles that this nation was founded upon, we will once again see our great land prosper.
Thank you for your kind attention.
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< Back to Archives
2009 Session
Home / The Issues / Archives
- End of 2009 Session Observations
- Tea Parties, April 15, 2009
- My Third Reading Comments on SB 228
- Eliminating the 6% Spending Limit
- My Comments on SB 225
- The Car Tax
- My First Comments on the Senate Floor, 1/15/09
- My final Comments on the House Floor, 1/14/09
- Speech to the Senate 15 Vacancy Committee, 1/10/09
End of 2009 Session Observations
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 student's 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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Tea Parties, April 15, 2009
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, close to 1,000 in Loveland and 300 in Estes Park) took to the streets for more reasons than to simply protest the tax day. These were rallies for freedom.I had the privilege of joining the rally at the state capitol. Similar to the TEA parties across the nation, 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 who shared with me his story. He was 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 solution and the legitimate 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 eighteenth century.
Here, in twenty-first century America, we do not have the tyranny of a king to contend with, instead we have a bloated government bureaucracy and the failed notion that the collective values of the state are more important than the individual's inalienable rights and responsibilities.
At the time of the state capitol TEA Party there was a window open in the House chambers. As the crowd gathered, 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 the people were asking for was that their representatives listen to them. This was a real world example of the reason for these TEA parties: legislators 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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My Third Reading Comments on SB 228
In 1991 the legislature limited general fund growth to 6%. The following year the people of Colorado put additional guardrails around the taxing and spending authority of the legislature with the Taxpayer's Bill of Rights.These guardrails have been good for the people of Colorado.
Now we are considering the removal of that 6% spending limit, without a vote of the people. Article X, Section 20 is clear, any relaxing of limitations on government revenue, spending, and debt are to be granted only by a vote of those governed.
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."
The fiscal guardrails we put in place have worked. Our state is weathering the current economic problems better than most other states. We have 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.
This bill is a sharp contrast to the principles of limited taxes and limited government. It is more of the same tax and spend policies that we have had for far too many years.
We should honor our commitments to the people: keep the fiscal guardrails in place, follow the state constitution, and keep government limited in size and cost. Our job is to defend the inalienable rights of the citizens of Colorado, not expand the scope and authority of the state's power over its citizens.
Vote no on Senate bill 228.
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Eliminating the 6% Spending Limit
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.
This bill is a sharp contrast to the Republican principles of limited taxes and limited government. 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.
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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My Comments on SB 225
On Thursday, February 26, SB 225 was heard in the Senate Health and Human Services Committee. The bill ties the current statutory definition of contraceptive to Colorado's 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."
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The Car Tax
On February 5, 2009, before the final vote on Senate Bill 108, I delivered the following speech on the senate floor:We now have before us the final decision: to accept or reject this plan. Before casting my vote on this major policy for the state of Colorado I must give this body and the people of Senate District 15 the reasons I have for my vote on Senate Bill 108.
First, it is a tax, a quarter of a billion dollar tax, every year, and we are not taking this tax to the people for their vote, as the constitution clearly requires.
Second, it is long term debt, and, once again, we are not taking it to the people for their vote, as the constitution requires.
Finally, with this car tax we are forcing the people of Colorado to make a significant sacrifice, but I do not see in the bill, nor have I heard in the debate, any commitment on the part of the state government to reorganize other priorities and find more money for this plan's worthy goals from the rest of the state budget.
Of course, we are facing a huge budget shortfall, so how could we possibly find more money from existing state resources? Well, that is precisely the point for the people of Colorado. They too, are in the worst of economic circumstances and this car tax is going to come down hardest on those who can least afford it. For many Colorado citizens who can barely afford a car, this car tax will nearly triple their annual registration costs.
I cannot endorse such a heavy, inequitable tax.
I will not violate the clear intent of the constitution.
My vote, for this car tax, is no.
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My First Comments on the Senate Floor, 1/15/09
First I must express a big thank you to my wife, Sandy, several other family members who are here today, and many, many friends and colleagues who have also come to share this very special moment.It is humbling to receive all of this kind attention. It is also encouraging, because I know it is not just me, we are here today because we all care deeply about our state and our future.
As I said to the Senate District 15 vacancy committee, just last Saturday: I believe in each one of you, and I believe in the American Dream. I believe that American Dream is rooted in the solid principles of freedom and our job is to preserve that freedom for future generations.
That is, I trust, why we are all here today.
As I begin my role as the state senator for District 15 I pray that I will never lose sight of the fact that I am here because of the future I want to see for my children, Scott, Laura, and Christy, who are all here with me today.
May this be a time that we are all reminded of our responsibility to defend life and liberty, not just because it is good for us, but that these God given, inalienable rights are what we must pass on to future generations.
Again, thank you for coming.
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My final Comments on the House Floor, 1/14/09
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 molded 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 on 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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Speech to the Senate 15 Vacancy Committee, 1/10/09
There are three things you should know about me before voting today: my background, my record and my vision for the future.As our time is limited, I included my background in the packet you should have been given earlier.
Concerning my record:
The past six years in the legislature have taught me many things. The most important is to be true to your word and stick to your principles. As your state senator I will continue to fight for the common-sense, conservative values that I have consistently supported in the House.
Now, let me set my legislative record straight. Despite the claim that you may have heard that I have been the prime sponsor of less than 10 bills, you should know that, in fact, I have introduced 41 House bills, 13 Senate bills, and 10 resolutions. Sixteen of these measures, so far, have passed.
Some did not pass because I don't just run the "safe" bills. I have the courage and the fortitude to carry some of the tough issues. These have included pro-life and pro-marriage issues, tax reform, eminent domain reform, innovative programs for Medicaid and educational choice, rainy day funds that we could certainly have put to good use in today's budget cycle, transportation funding, and illegal immigration issues.
I make no apologies for carrying any one of these measures. They may not always become law the first time they are introduced, but I know that you, the people who sent me down to the capitol care deeply about all of these significant matters of our time and I will not back away just because it may be uncomfortable for the politically correct crowd.
Among the measures I carried that did become law was a bill for public trustees that, in the first year alone, resulted in a check for Larimer county government of over $300,000. Another bill now allows the public to legally copy and distribute portions of Colorado's statues. Incredibly, before that bill became law, you were breaking the law if you gave out even one sentence of the Colorado Revised Statutes without first asking for specific permission! Two other measures that passed concern the bark beetle epidemic and in 2007 and 2008. I was also successful with two separate bills that allow the significant gas and prescription drug discount programs which are now in place at several major retail stores.
Concerning my overall voting record, those who follow it closely give me high marks for the votes I have cast everyday in the legislature, and I have never been absent, even once, at work for you. This past year my vote rating with the Northern Colorado Legislative Alliance (which is a coalition of the chambers of commerce in Fort Collins, Loveland and Greeley) was 100%, as was my vote rating with the Colorado Home Builders Association. I have always been at least among the top three of all representatives in the House as rated by the Colorado Union of Taxpayers. The Colorado Conservative Justice League (who defend businesses and oppose the worst ideas that some trial lawyers concoct) has given me the Common Sense in the Courtroom award three times. The National Federation of Independent Business honored me with the "Guardian of Small Business" award. Rocky Mountain Family Counsel gave me the "Legislative Champion for the Family" award, and I have also received the "Wilberforce Award for Conservative Statesmanship in Colorado".
In this past election I was endorsed by the Colorado Association of Commerce and Industry, the NFIB and the Associated Builders and Contractors. In addition, this year I was selected to serve as the chairman of the Republican Study Committee of Colorado.
All of these accomplishments, honors, and awards are humbling, but I include them here to give you an idea of what you can expect from me as your state senator.
The final part of my record that concerns this discussion is my record with the voters. In the 2002 primary, among contested races, I gathered the highest percentage of the vote of any Republican in the state.
In all the following elections I have had serious Democrat opponents and those have been difficult years for all Republicans. But the people in District 49 have given me larger majorities every time. This past year I received the largest percentage of approval that I have ever received and it was, across the entire district, a higher percentage than any other Republican candidate who had a contested race in Larimer County.
I have always run positive races and I have cast principled votes and the people have honored that with stronger and stronger election results in every election cycle.
The problems our party has experienced have not been because our principles need to change, but because we haven't lived up to them. Some say that we should run to the middle to try to get ahead of the crowd. I disagree; we should lead straight forward. A lower tax burden and less government is clearly what most people voted for in the amendments, even during this past election. Republican leaders should forthrightly stand for those very same principles.
Larimer County and the State of Colorado deserve strong, effective leadership, and I believe that is why I have been honored with the endorsement of the Senate Republican caucus leader, Mike Kopp, the senate assistant-republican leader, Greg Brophy, the senate Republican leader, Josh Penry and the last Republican who served as the senate president, John Andrews . Like you, they know I have stood strong for the cause of small government, lower taxes, fiscal responsibility and personal freedom. My record shows that I am a tireless advocate for true conservative principles.
Many others have also endorsed me. Among them are former U.S. Senator Bill Armstrong, former Loveland state representatives Cliff Bryan and Jim Welker, and many of my colleagues in the Colorado House.
That is my record, but what of my vision for tomorrow?
To sum it up, I would say that I believe in each one of you, and I believe in the American Dream. I believe that freedom should still mean something in the 21st century. Civil government has an important role to play, but it should never, ever become so big and so powerful that it overwhelms our liberty with mandates, taxes, fees, and endless bureaucracies. I believe the American Dream is rooted in the solid principles of freedom and our job is to preserve that freedom for future generations.
It is customary in an event like this to ask all of your friends and supporters come up and stand with you during your speech. Well, I thought I would do that part a bit differently. I have pretty much stood here all alone and given you my record and my vision. I have but a few moments left, and I am going to spend these final few moments asking you to stand up with me, right now.
If you agree that we can only move forward, as a party and as a state, if we hold true to our principles of good government, stand with me.
If you believe that limited government means just what it says, stand with me.
If you believe that our children should understand that the American Dream is only possible if this continues to be the home of the brave and the land of the free, stand with me.
If you believe that life and liberty are inalienable rights granted by God, not government, and the government's responsibility is to defend those rights, stand with me.
I am confident that if we stand together, holding fast to the solid principles that this nation was founded upon, we will once again see our great land prosper.
Thank you for your kind attention.
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