Printed on 6/28/10
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I have found that citizens across the state understand this valuable contribution of immigration. The people of Colorado also know the difference between legal immigration and illegal aliens and this is where the real debate and discussion is.
For too many years we have seen a steady increase in those who are defying the immigration laws of our country and in many ways it has reached epidemic proportions. The majority of Coloradoans want this to stop.We must find workable solutions that will put us back on the healthy track of legal, managable immigration.
Strict security at the border is a good step, but that alone will never change the situation.
Secure borders depend in a large part on internal government policies that discourage those here illegaly. In this situation our country is compassionate to a fault.Our social safety net has become a magnet to far too many.
The social safety net cannot continue to sustain the stress of 10-15 million illegal aliens. The educational system has similar, unresonable and unsustainable pressures from this circumstance.
State and national social policy must not continue to encourage illegal aliens to stay in this country.
The other big area that must be changed is in the private sector. It is not acceptable to simply accomodate the current reality of illegal alliens being empolyed in vast numbers.
If the border is tightened up, internal social policies are not allowed to encourage illegal aliens to stay and the private sector does not give them a job, the excessive numbers of illegal alliens will start to diminish. They will not all leave, but the growth will stop, and this seemingly unsolvable problem will begin to find solutions.
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Representative, House District 49
5/29/03
On May 7, the General Assembly completed their regular session for 2003. It was my first session as the representative for House District 49 and, as I have said before in this column, it has been an extraordinary experience. I am grateful for the opportunity you have given me to defend our commitment to the principles of freedom and limited government.
It is impossible to prevail on every issue in the legislature, but persistent consistency does eventually move the issues in the right direction. I have done my best to speak out for lower taxes. I resisted increasing fees when ever possible and sought ways to minimize regulations. Another high priority of mine is to encourage healthy families. By limiting the scope and responsibility of civil government, other spheres of authority, such as the family, can rise to their rightful position of responsibility in our society.
Of the seven bills I sponsored, four became law and three were defeated in committee. Of the defeated measures, two attempted to lower fees on small assisted-living residences which had recently been raised 10,000%. The third bill would have created a rainy-day fund to ease the financial pinch faced in lean years, while staying within the limits of the Tax Payers Bill of Rights provisions in our state constitution. I plan to try again with these bills in a future session.
Of my bills which passed, the most significant to me was the bill which allows anyone to use or copy a reasonable portion of Colorado state statutes without having to ask permission from legislative legal services first. In the past, those who copied and distributed any portion of our Colorado statues without permission were liable for a $500 per copy fine.
This year the legislature as a whole accomplished much, demonstrating that a tight budget does not have to cripple the legislative process. We balanced the budget, passed significant water-related legislation, passed a parental notification bill, won the long battle to put a reasonable statewide concealed-carry law in place, and put a modest school voucher plan in law.
In addition, the last three days were historic as the General Assembly shouldered their constitutional duty to complete a redistricting plan. Because of the inability of the previous Assembly to come up with a redistricting plan, the court set the congressional districts for the 2002 election. Careful reading of the state constitution clearly shows that this method of redistricting is not provided for.
The only area where redistricting is mentioned is Article V, Section 44 of the Colorado Constitution, which reads: "The General Assembly shall divide the state into as many congressional districts as there are representatives in Congress apportioned to this state by the Congress of the United States for the election of one representative to Congress from each district. When a new apportionment shall be made by Congress, the General Assembly shall divide the state into congressional districts accordingly."
Only the General Assembly can fully satisfy the requirements in Article V, section 44.
The judicial branch of government may be called on from time to time to remedy an intractable circumstance, such as we had before the 2002 congressional election, but that action should never be understood as replacing the General Assembly's constitutional responsibilities.
I firmly believe that what is at stake in this controversy is the question of whether or not the judicial branch of civil government can legislate from the bench. The outcome of the redistricting plan is significant, but the real question is whether or not legislative authority can be fully supplanted by judicial prerogative.
I look forward to future sessions of the General Assembly, but shall always remember the regular session of 2003 as an extraordinary time.
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Representative, House District 49
2/17/03
The 2003 legislative session is over one third completed. Those who have been here longer than I tell me this is an extraordinarily difficult session. Economic sluggishness, drought concerns, and international tensions have compounded the already complicated and often contentious process.
Despite these problems I find it invigorating and encouraging.
The energy and creative spirit in the legislature is extraordinary. There are many talented people who have committed a great deal of their lives to seeing ideas of consequence move forward under the gold dome of our capitol.
The legislative process has impressed me as well. As maligned and ugly as the system is at times, when seen from this perspective, it is clear that it is a fairly well-tuned system which incorporates all of the perspectives of the people of Colorado into 120 days of conflict, competition and, at times, compromise. From this turbulent mix comes a surprisingly accurate reflection of our common values in the form of the laws for this great state.
My own legislative effort has gone reasonably well. Not every bill has passed, but every idea has moved forward in some fashion.
The first bill I submitted was seeking to lower a fee for assisted-living residences, which had been raised in the last legislative session by 10,000 percent. In this year of tight state budgets, my bill did not make it out of committee, but the Health Department did get the message that the smaller assisted-living homes are not satisfied with the current situation. I will be back next year with another attempt to correct this excessive fee.
During the testimony on this bill it came out that the Health Department has determined that each re-inspection costs $500. This sounds like the several-hundred-dollar toilet seats the US military were paying for several years ago! I intend to use this egregious example of government excess as a way to encourage our state government to find more cost efficient ways to conduct the people's business.
My bill making it legal for the people of Colorado to copy and disseminate reasonable portions of the Colorado law (less than 200 sections) passed the House and is waiting action in the Senate. This bill is a common-sense solution to the current requirement that anyone is supposed to ask for specific permission to copy or disseminate any portion of the state's statutes. It passed through the House with very little opposition.
Two other bills of mine are essentially clarifying existing statute, one concerning Public Trustees and the other welfare reform rules. They have have both passed the House and await action in the Senate.
During second reading of bills on the House floor, I successfully added an amendment to a bill concerning criminal penalties for building code violations. The original bill stated that it would be illegal to alter or even use any building that did not conform to building codes. Since building codes are always changing, this is a practical impossibility and could never be fairly applied. It is significant to note that a literal interpretation of this bill in its original form would make almost everyone in the state in violation of the proposed statute. My amendment allows criminal prosecution only if the alteration or use creates a significant safety risk. This is much more in line with my understanding of what limited government is all about.
I also took an active role in defending the bill promoting our National Motto: "In God we Trust." In the State Affairs Committee, on second reading and third reading on the House floor, I spoke in favor of this important issue.
As the legislative session continues through its course, I remain fully committed to defending our freedoms with smaller government, the lowest possible tax rates we can accommodate and speaking out for a system of government which encourages moral justice, healthy families and individual responsibility.
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Representative, House District 49
6/25/03
The essential purpose of civil government is to maintain peace. To accomplish this involves all three branches of government. We must have a legislative mechanism to create the laws needed for the establishment and maintenance of peace, a judicial process to determine the proper application of those laws and an executive system to enforce the laws and administer the penalties.
Today, civil government also takes on many other roles, often with the best of intentions, but it has far too many times usurped the responsibilities of other valid institutions, such as families and local community-based private organizations. These secondary purposes combine with the essential purpose of government to add up to a very complex and expensive civil government structure.
With such a huge governmental system the potential for excessive control, or in other words, some form of government tyranny, becomes a strong possibility. We need a sure way to balance our need for peace with the principles of liberty. To maintain a free society, civil government must be strictly limited. This is why we have a constitution.
The U.S. Constitution does not empower the Federal government as much as it limits its power and authority. It spells out what the Federal government has authority over. In the Tenth Amendment, it states unambiguously that all other power is reserved for the states and the people. The state constitution further defines and limits the scope and authority of civil government, spelling out what authority is reserved for the state government.
This is limited government. By intention, and by clear statement as well as implication, our constitutions are intended to limit the authority of civil government.
Over ten years ago, the people of Colorado reinforced this principle of limited civil government when they added the Taxpayer's Bill of Rights--the TABOR amendment. The TABOR amendment places a limit on the revenues and expendutures of state government.
This has been a significant protection to this state and an excellent example for other states in the Union. It has effectively reduced the tax burden on the people of Colorado by several billion dollars and limited the scope and cost of government. This is the principle of limited civil government at work in a tangible and practical way.
The TABOR amendment has been good for Colorado, but there now is a growing opposition to it. Those who are not committed to the principle of limited civil government see this as an obstacle to their goals of more and more government programs. They are unwilling to face the tough choices when the revenue and/or expenditure limits start to threaten the growth of their programs.
I believe we have opportunity through these tough choices. This circumstance creates a competitive environment and forces a prioritizing of civil government programs and services.
These hard choices are also testing the mettle of public policy makers who claim to be advocates for limited government. If one cannot stand up at this time and advocate for the taxpayer, one is not a true advocate for limited civil government.
We must firmly stand for limited civil government. Anyone who calls for the elimination of or significant weakening of the TABOR amendment is, in my opinion, opposing the principles of limited civil government. Civil government will always spend to its maximum possible amount and expand its authority as much as is allowed. Only with the constitutional strength of the TABOR amendment will we be able to withstand this tendency of civil government to always grow and expand.
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Courier Columnist
12/18/02
I will officially begin my position as Representative for House District 49 on January 8. Swearing-in ceremonies are at 10:00am and work begins in earnest the next day. Please come to the capitol sometime during the upcoming session and visit my office in room 302 or listen in on some of the proceedings. Most of my days will be spent in committee meetings, general sessions, meetings, and more meetings. It is a whirlwind of activity everyday.
I am enjoying every minute of this extraordinary experience. It is a sobering responsibility and a great honor. I must never forget that all the accolades of my position as a member of the Colorado House of Representatives are a tribute to our democratic republic and not the individual currently in that office.
Following are three of the issues I will be addressing during the 2003 General Session:
First, I would give you the actual words of the statue in C.R.S. 2-5-118, but that would violate the law! That, in fact, is the problem. This law prohibits Colorado citizens from copying and distributing our own state statutes. It even carries a fine of $500 for each copy made without first getting specific permission from the state. Any conscientious citizen is effectively prohibited from using state statues in a reasonable fashion.
When I first discovered this law, I could not believe it really existed and had to read it several times before accepting it as fact.
The citizens in Colorado, who pay for the General Assembly to write these laws and are under the control of these laws, should have access to them. There should be no law prohibiting their copying or distribution and there should certainly be no fine for having done such a deed. I plan to correct this unfair statute.
Next, the Tabor Amendment is intended to protect Colorado citizens from excessive growth in government. In fact, the legislature is prohibited from raising taxes without a vote of the people, but they can increase fees. In order to defend the spirit of the Tabor Amendment we must vigilantly protect the citizens of Colorado from excessive fees. Last year the General Assembly increased the fee for a business license to operate an assisted-living residence by 10,000 percent. That's right, you counted the zeroes correctly. They raised it from $50 to $5000 for every size of assisted-living residence. A small, three-bed facility is required to pay the same initial fee as a large facility housing 100 or more beds.
This is a great injustice and a strong discouragement to the individual desiring to set up a small home. It is a disservice to the many older citizens who can benefit by living in a small assisted-living residence. As a consequence of this extraordinarily high fee increase, fewer small homes will open, and those who do open will be forced to pass this fee on to the people who are often the least able to pay.
In the long term, having fewer small assisted-living facilities will cost Colorado tax payers millions of dollars as more citizens will be forced to move to skilled nursing homes and rely on Medicaid for payment. The small, personal, assisted-living residences now care for well over 1,000 of our parents and grandparents. In a nursing home facility the average cost is at least 50% higher, forcing many more into the Medicaid system.
The only potential argument for this excessive fee is that it offsets the cost of the Health Department's process for approving an assisted living residence. If it truly costs $5000 to verify if a small facility is meeting the minimum requirements, the state needs to revise its procedures. The state should only be charged with verifying standards are met, not with the training of assisted living residence owners.
By implementing a graduated fee scale for licensing, which will not discourage the smaller homes, a fair system can be established. I will be proposing this in one of my first bills. It will not be easy to pass because the interests favoring larger facilities will not support my efforts, nor will the sponsors of last session's bill which implemented this catastrophic fee increase. Worse, it will probably have a negative fiscal note attached to it, which will spell the doom of many good bills this session. But I am convinced this is the right thing for which to stand and I urge all citizens to help me right this injustice. My own mother, who died from Alzheimer's disease, benefited greatly from superb care in a small assisted-living residence and I plan to call this "MaryAnn's Bill" in her memory.
Finally, I have been approached to carry legislation creating a partnership program with faith-based organizations and the state of Colorado to develop restorative homes for prison inmates who qualify for this release program. There are currently hundreds of inmates eligible for this system who are still in prison, costing taxpayers as much as forty-five thousand dollars a year for every inmate, because there are no openings for them in a so-called "half-way house." When the state fully funds and operates this type of program by itself, it can easily approach the cost of the prisons themselves. This creative, private alternative utilizes the energy and compassion of community groups in a voluntary program. It is similar to a program already being implemented in one of Colorado's prisons and holds promise for saving money and significantly reducing the recidivism rate for Colorado prisoners.
These three issues would be more than enough to keep me busy in my first term, but I know there will be hundreds of issues with which I will wrestle this year.
In all of my work at the Capitol I remain committed to defending life and liberty as I represent House District 49.
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Representative, House District 49
11/26/02
The election of 2002 is now a part of history. The winners are preparing for service in their elected offices. The rest have started to plan for a new direction. Our American election process has once again provided for a peaceful revolution of ideas in civil government.
The 2002 elections saw some spirited campaigns and unfortunately, many participants engaged in less-than-admirable tactics. However, most people worked with honor and integrity, particularly here in Larimer and Weld Counties.
I wish to personally thank those of you who gave so much of yourselves to help in so many ways. Be assured that your efforts were a significant contribution, for we only prosper as a free people when we work diligently to defend our liberties.
On November 5 the voters gave a clear mandate to the Republican message of life, liberty and the right to pursue happiness as each individual deems best. It is now my responsibility, and that of the other elected Republican officials, to follow through with legislative substance in keeping with our campaign principles.
I am honored to represent the people in House District 49, a district which includes all of rural Larimer County (except Fort Collins and the Loveland area), as well as the town of Windsor in Weld County.
Colorado's 64th General Assembly will be challenged with several problems which we must turn into opportunities if our free society is to be enhanced.
Colorado will have tighter budget constraints than have been seen in many years. Although a difficult challenge, I prefer to view these constraints as a chance to trim down our state government to the most essential and efficient systems. It will involve tough choices, but the long-term goal of freedom and opportunity for all must guide our decisions. This must include public policy which encourages a healthy and honest business environment. We must never forget that government policies cannot create a strong economy, but those policies can encourage the free market dynamics that will bring about robust economic opportunity for all our citizens.
We must also address the water issue. A drought is forcing all of us to optimize our use of this precious resource. It has also created political pressure to re-evaluate our water storage systems. There is little we can do in state policy that will relieve the current shortages, but the long-term benefits of prompt action now are significant.
Security is another major concern in today's world. Creative solutions must be found that do not compromise liberty. We must first defend our freedoms if we are to ultimately be secure. Simplistic solutions would offer to trade freedoms for security. I contend that we can never adequately defend our boarders, our buildings, or anything else which might be vulnerable, by simply adding more centralized control and intrusive regulations. Instead, empowering individual responsibility and initiative is a strong deterrent to those who would seek to disrupt our society. As an example, in order to promote public safety (as well as defend our Constitutional rights), I support statewide concealed carry laws.
We need to always seek to improve our educational systems. Free-market solutions offer the best hope. Parental choice and a healthy system that encourages a wide variety of options will revolutionize educational opportunities in this state. When parents are actively engaged in their children's education, very good things happen. Colorado state government should aggressively promote all forms of school choice.
Finally, I would like to thank Ed Faillace and the Northern Colorado Courier for the opportunity of this column and also extend a special note of thanks to the hundreds of people who helped me gain my election as Representative for House District 49. It is humbling to consider the trust and honor that this position bestows. I pray that I will be able to serve the people of Colorado and represent the best interests of District 49 with wisdom, energy, and justice.
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We are several months away from the next legislative session. Locally the biggest political news is the November elections for school board, some city council races and a few referral measures. There is always something going on in the political process, but things are relatively quiet right now.
Let us spend a few moments to consider a significant foundation to the political process in our country: grass roots involvement.
As a legislator I find no lack of political pressure from every side, but when a citizen from my district calls, I listen most carefully.
In addition, when I was campaigning there was never a lack of people to meet with who were concerned about a wide range of topics and there were too many activities to do, but what really counted were voters from my district.
Whenever you as a voting citizen contact your representative or a candidate for that office, you are very important to that official. In our representative republic the very reason for the office is to connect your interests with the government's interests. Never forget the significance of every voting citizen.
You can also multiply your impact by several magnitudes if you are actively involved in the political process.
A great place to start is to go to your local precinct caucus. They are held every other year in April. The next one is this coming spring.
Volunteer to to attend the party assemblies, write letters to the editor, spend some time working on a candidate's campaign. All of these simple tasks are powerful tools which help determine who becomes elected officials and they greatly affect public policy.
I am convinced that we can change the direction of our nation if the people who care about the principles that established this great country are actively involved in the grass roots political process.
For too long too many of us have assumed that someone else will take care of it. Representative government only works well when all conscientious citizens are actively involved. This great political experiment we call the United States of America is only as good as the intentions and effort of its people.
A great deal of cynicism has developed around politics, much of it is well deserved, but I refuse to settle for this standard to remain the norm. I want to test our actions against the principles of a free and just people. I know that in the political realm this can be a reality only as men and women of good will and a strong faith assume their responsibility in the public square.
Will you step up and be a part of the solution? Will you take the time to accomplish the simple tasks required for active, positive citizenship?
Our children, and their children will be blessed with a healthy legacy if we the people get involved.
Rep. Kevin Lundberg
49th House district
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As I helplessly watched this catastrophe unfold on my television it reminded me how fragile life is and how vulnerable we all are in today's uncertain world. Many similar scenarios of destruction can be imagined and we all know there are far too many people who would willingly be the agents of such despicable acts. On September 11 we saw that chilling reality. These shocking events underscore the very significant spiritual dimension to all of life, including that which concerns our country as a whole and its public policies. At this time we should reaffirm our hope and confidence in the Creator of all, because it is only through God's protective grace that life is even possible.
Let us pray as a country. Pray for those directly impacted by this tragedy. Pray for peace in our land. Trusting alone in our human systems and security measures will always prove to be a false hope. We must be diligently doing what we can, from our human perspective, but also we must intentionally seek God's forgiveness for past failures and His mercy and protection for the future. Only then can we build that strong foundation of which president Bush spoke. Only then can we as a nation truly be prosperous for our children and grandchildren in this challenging world of the twenty first century.
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General
Home / The Issues / Archives
- 2009 Estes Park Fire
- Immigration is Good for Colorado.
- 2003 Session Completed
- One-Third Over Already
- Limited Civil Government
- First Tasks
- The Election is History; What's Next?
- Get Involved!
- September 11th
2009 Estes Park Fire
I woke up before dawn in Estes Park hearing a man shouting FIRE!! GET OUT!! It was across the street, where flames soon enveloped the Park Theatre Mall. Heroic firemen worked hard to save the historic theatre next door. Estes Park is a part of my senate district, Here is what I saw on that fateful morning.Back to Top
Immigration is Good for Colorado.
Through many generations immigrants have brought with them positive values and new sources of strength and wealth to our society. A large part of what this great state of Colorado is today comes from the immigrants of yesterday. Additionally, much of our future will be determined by todays immigrants.I have found that citizens across the state understand this valuable contribution of immigration. The people of Colorado also know the difference between legal immigration and illegal aliens and this is where the real debate and discussion is.
For too many years we have seen a steady increase in those who are defying the immigration laws of our country and in many ways it has reached epidemic proportions. The majority of Coloradoans want this to stop.We must find workable solutions that will put us back on the healthy track of legal, managable immigration.
Strict security at the border is a good step, but that alone will never change the situation.
Secure borders depend in a large part on internal government policies that discourage those here illegaly. In this situation our country is compassionate to a fault.Our social safety net has become a magnet to far too many.
The social safety net cannot continue to sustain the stress of 10-15 million illegal aliens. The educational system has similar, unresonable and unsustainable pressures from this circumstance.
State and national social policy must not continue to encourage illegal aliens to stay in this country.
The other big area that must be changed is in the private sector. It is not acceptable to simply accomodate the current reality of illegal alliens being empolyed in vast numbers.
If the border is tightened up, internal social policies are not allowed to encourage illegal aliens to stay and the private sector does not give them a job, the excessive numbers of illegal alliens will start to diminish. They will not all leave, but the growth will stop, and this seemingly unsolvable problem will begin to find solutions.
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2003 Session Completed
by Kevin LundbergRepresentative, House District 49
5/29/03
On May 7, the General Assembly completed their regular session for 2003. It was my first session as the representative for House District 49 and, as I have said before in this column, it has been an extraordinary experience. I am grateful for the opportunity you have given me to defend our commitment to the principles of freedom and limited government.
It is impossible to prevail on every issue in the legislature, but persistent consistency does eventually move the issues in the right direction. I have done my best to speak out for lower taxes. I resisted increasing fees when ever possible and sought ways to minimize regulations. Another high priority of mine is to encourage healthy families. By limiting the scope and responsibility of civil government, other spheres of authority, such as the family, can rise to their rightful position of responsibility in our society.
Of the seven bills I sponsored, four became law and three were defeated in committee. Of the defeated measures, two attempted to lower fees on small assisted-living residences which had recently been raised 10,000%. The third bill would have created a rainy-day fund to ease the financial pinch faced in lean years, while staying within the limits of the Tax Payers Bill of Rights provisions in our state constitution. I plan to try again with these bills in a future session.
Of my bills which passed, the most significant to me was the bill which allows anyone to use or copy a reasonable portion of Colorado state statutes without having to ask permission from legislative legal services first. In the past, those who copied and distributed any portion of our Colorado statues without permission were liable for a $500 per copy fine.
This year the legislature as a whole accomplished much, demonstrating that a tight budget does not have to cripple the legislative process. We balanced the budget, passed significant water-related legislation, passed a parental notification bill, won the long battle to put a reasonable statewide concealed-carry law in place, and put a modest school voucher plan in law.
In addition, the last three days were historic as the General Assembly shouldered their constitutional duty to complete a redistricting plan. Because of the inability of the previous Assembly to come up with a redistricting plan, the court set the congressional districts for the 2002 election. Careful reading of the state constitution clearly shows that this method of redistricting is not provided for.
The only area where redistricting is mentioned is Article V, Section 44 of the Colorado Constitution, which reads: "The General Assembly shall divide the state into as many congressional districts as there are representatives in Congress apportioned to this state by the Congress of the United States for the election of one representative to Congress from each district. When a new apportionment shall be made by Congress, the General Assembly shall divide the state into congressional districts accordingly."
Only the General Assembly can fully satisfy the requirements in Article V, section 44.
The judicial branch of government may be called on from time to time to remedy an intractable circumstance, such as we had before the 2002 congressional election, but that action should never be understood as replacing the General Assembly's constitutional responsibilities.
I firmly believe that what is at stake in this controversy is the question of whether or not the judicial branch of civil government can legislate from the bench. The outcome of the redistricting plan is significant, but the real question is whether or not legislative authority can be fully supplanted by judicial prerogative.
I look forward to future sessions of the General Assembly, but shall always remember the regular session of 2003 as an extraordinary time.
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One-Third Over Already
by Kevin LundbergRepresentative, House District 49
2/17/03
The 2003 legislative session is over one third completed. Those who have been here longer than I tell me this is an extraordinarily difficult session. Economic sluggishness, drought concerns, and international tensions have compounded the already complicated and often contentious process.
Despite these problems I find it invigorating and encouraging.
The energy and creative spirit in the legislature is extraordinary. There are many talented people who have committed a great deal of their lives to seeing ideas of consequence move forward under the gold dome of our capitol.
The legislative process has impressed me as well. As maligned and ugly as the system is at times, when seen from this perspective, it is clear that it is a fairly well-tuned system which incorporates all of the perspectives of the people of Colorado into 120 days of conflict, competition and, at times, compromise. From this turbulent mix comes a surprisingly accurate reflection of our common values in the form of the laws for this great state.
My own legislative effort has gone reasonably well. Not every bill has passed, but every idea has moved forward in some fashion.
The first bill I submitted was seeking to lower a fee for assisted-living residences, which had been raised in the last legislative session by 10,000 percent. In this year of tight state budgets, my bill did not make it out of committee, but the Health Department did get the message that the smaller assisted-living homes are not satisfied with the current situation. I will be back next year with another attempt to correct this excessive fee.
During the testimony on this bill it came out that the Health Department has determined that each re-inspection costs $500. This sounds like the several-hundred-dollar toilet seats the US military were paying for several years ago! I intend to use this egregious example of government excess as a way to encourage our state government to find more cost efficient ways to conduct the people's business.
My bill making it legal for the people of Colorado to copy and disseminate reasonable portions of the Colorado law (less than 200 sections) passed the House and is waiting action in the Senate. This bill is a common-sense solution to the current requirement that anyone is supposed to ask for specific permission to copy or disseminate any portion of the state's statutes. It passed through the House with very little opposition.
Two other bills of mine are essentially clarifying existing statute, one concerning Public Trustees and the other welfare reform rules. They have have both passed the House and await action in the Senate.
During second reading of bills on the House floor, I successfully added an amendment to a bill concerning criminal penalties for building code violations. The original bill stated that it would be illegal to alter or even use any building that did not conform to building codes. Since building codes are always changing, this is a practical impossibility and could never be fairly applied. It is significant to note that a literal interpretation of this bill in its original form would make almost everyone in the state in violation of the proposed statute. My amendment allows criminal prosecution only if the alteration or use creates a significant safety risk. This is much more in line with my understanding of what limited government is all about.
I also took an active role in defending the bill promoting our National Motto: "In God we Trust." In the State Affairs Committee, on second reading and third reading on the House floor, I spoke in favor of this important issue.
As the legislative session continues through its course, I remain fully committed to defending our freedoms with smaller government, the lowest possible tax rates we can accommodate and speaking out for a system of government which encourages moral justice, healthy families and individual responsibility.
Back to Top
Limited Civil Government
by Kevin LundbergRepresentative, House District 49
6/25/03
The essential purpose of civil government is to maintain peace. To accomplish this involves all three branches of government. We must have a legislative mechanism to create the laws needed for the establishment and maintenance of peace, a judicial process to determine the proper application of those laws and an executive system to enforce the laws and administer the penalties.
Today, civil government also takes on many other roles, often with the best of intentions, but it has far too many times usurped the responsibilities of other valid institutions, such as families and local community-based private organizations. These secondary purposes combine with the essential purpose of government to add up to a very complex and expensive civil government structure.
With such a huge governmental system the potential for excessive control, or in other words, some form of government tyranny, becomes a strong possibility. We need a sure way to balance our need for peace with the principles of liberty. To maintain a free society, civil government must be strictly limited. This is why we have a constitution.
The U.S. Constitution does not empower the Federal government as much as it limits its power and authority. It spells out what the Federal government has authority over. In the Tenth Amendment, it states unambiguously that all other power is reserved for the states and the people. The state constitution further defines and limits the scope and authority of civil government, spelling out what authority is reserved for the state government.
This is limited government. By intention, and by clear statement as well as implication, our constitutions are intended to limit the authority of civil government.
Over ten years ago, the people of Colorado reinforced this principle of limited civil government when they added the Taxpayer's Bill of Rights--the TABOR amendment. The TABOR amendment places a limit on the revenues and expendutures of state government.
This has been a significant protection to this state and an excellent example for other states in the Union. It has effectively reduced the tax burden on the people of Colorado by several billion dollars and limited the scope and cost of government. This is the principle of limited civil government at work in a tangible and practical way.
The TABOR amendment has been good for Colorado, but there now is a growing opposition to it. Those who are not committed to the principle of limited civil government see this as an obstacle to their goals of more and more government programs. They are unwilling to face the tough choices when the revenue and/or expenditure limits start to threaten the growth of their programs.
I believe we have opportunity through these tough choices. This circumstance creates a competitive environment and forces a prioritizing of civil government programs and services.
These hard choices are also testing the mettle of public policy makers who claim to be advocates for limited government. If one cannot stand up at this time and advocate for the taxpayer, one is not a true advocate for limited civil government.
We must firmly stand for limited civil government. Anyone who calls for the elimination of or significant weakening of the TABOR amendment is, in my opinion, opposing the principles of limited civil government. Civil government will always spend to its maximum possible amount and expand its authority as much as is allowed. Only with the constitutional strength of the TABOR amendment will we be able to withstand this tendency of civil government to always grow and expand.
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First Tasks
by Kevin LundbergCourier Columnist
12/18/02
I will officially begin my position as Representative for House District 49 on January 8. Swearing-in ceremonies are at 10:00am and work begins in earnest the next day. Please come to the capitol sometime during the upcoming session and visit my office in room 302 or listen in on some of the proceedings. Most of my days will be spent in committee meetings, general sessions, meetings, and more meetings. It is a whirlwind of activity everyday.
I am enjoying every minute of this extraordinary experience. It is a sobering responsibility and a great honor. I must never forget that all the accolades of my position as a member of the Colorado House of Representatives are a tribute to our democratic republic and not the individual currently in that office.
Following are three of the issues I will be addressing during the 2003 General Session:
First, I would give you the actual words of the statue in C.R.S. 2-5-118, but that would violate the law! That, in fact, is the problem. This law prohibits Colorado citizens from copying and distributing our own state statutes. It even carries a fine of $500 for each copy made without first getting specific permission from the state. Any conscientious citizen is effectively prohibited from using state statues in a reasonable fashion.
When I first discovered this law, I could not believe it really existed and had to read it several times before accepting it as fact.
The citizens in Colorado, who pay for the General Assembly to write these laws and are under the control of these laws, should have access to them. There should be no law prohibiting their copying or distribution and there should certainly be no fine for having done such a deed. I plan to correct this unfair statute.
Next, the Tabor Amendment is intended to protect Colorado citizens from excessive growth in government. In fact, the legislature is prohibited from raising taxes without a vote of the people, but they can increase fees. In order to defend the spirit of the Tabor Amendment we must vigilantly protect the citizens of Colorado from excessive fees. Last year the General Assembly increased the fee for a business license to operate an assisted-living residence by 10,000 percent. That's right, you counted the zeroes correctly. They raised it from $50 to $5000 for every size of assisted-living residence. A small, three-bed facility is required to pay the same initial fee as a large facility housing 100 or more beds.
This is a great injustice and a strong discouragement to the individual desiring to set up a small home. It is a disservice to the many older citizens who can benefit by living in a small assisted-living residence. As a consequence of this extraordinarily high fee increase, fewer small homes will open, and those who do open will be forced to pass this fee on to the people who are often the least able to pay.
In the long term, having fewer small assisted-living facilities will cost Colorado tax payers millions of dollars as more citizens will be forced to move to skilled nursing homes and rely on Medicaid for payment. The small, personal, assisted-living residences now care for well over 1,000 of our parents and grandparents. In a nursing home facility the average cost is at least 50% higher, forcing many more into the Medicaid system.
The only potential argument for this excessive fee is that it offsets the cost of the Health Department's process for approving an assisted living residence. If it truly costs $5000 to verify if a small facility is meeting the minimum requirements, the state needs to revise its procedures. The state should only be charged with verifying standards are met, not with the training of assisted living residence owners.
By implementing a graduated fee scale for licensing, which will not discourage the smaller homes, a fair system can be established. I will be proposing this in one of my first bills. It will not be easy to pass because the interests favoring larger facilities will not support my efforts, nor will the sponsors of last session's bill which implemented this catastrophic fee increase. Worse, it will probably have a negative fiscal note attached to it, which will spell the doom of many good bills this session. But I am convinced this is the right thing for which to stand and I urge all citizens to help me right this injustice. My own mother, who died from Alzheimer's disease, benefited greatly from superb care in a small assisted-living residence and I plan to call this "MaryAnn's Bill" in her memory.
Finally, I have been approached to carry legislation creating a partnership program with faith-based organizations and the state of Colorado to develop restorative homes for prison inmates who qualify for this release program. There are currently hundreds of inmates eligible for this system who are still in prison, costing taxpayers as much as forty-five thousand dollars a year for every inmate, because there are no openings for them in a so-called "half-way house." When the state fully funds and operates this type of program by itself, it can easily approach the cost of the prisons themselves. This creative, private alternative utilizes the energy and compassion of community groups in a voluntary program. It is similar to a program already being implemented in one of Colorado's prisons and holds promise for saving money and significantly reducing the recidivism rate for Colorado prisoners.
These three issues would be more than enough to keep me busy in my first term, but I know there will be hundreds of issues with which I will wrestle this year.
In all of my work at the Capitol I remain committed to defending life and liberty as I represent House District 49.
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The Election is History; What's Next?
by Kevin LundbergRepresentative, House District 49
11/26/02
The election of 2002 is now a part of history. The winners are preparing for service in their elected offices. The rest have started to plan for a new direction. Our American election process has once again provided for a peaceful revolution of ideas in civil government.
The 2002 elections saw some spirited campaigns and unfortunately, many participants engaged in less-than-admirable tactics. However, most people worked with honor and integrity, particularly here in Larimer and Weld Counties.
I wish to personally thank those of you who gave so much of yourselves to help in so many ways. Be assured that your efforts were a significant contribution, for we only prosper as a free people when we work diligently to defend our liberties.
On November 5 the voters gave a clear mandate to the Republican message of life, liberty and the right to pursue happiness as each individual deems best. It is now my responsibility, and that of the other elected Republican officials, to follow through with legislative substance in keeping with our campaign principles.
I am honored to represent the people in House District 49, a district which includes all of rural Larimer County (except Fort Collins and the Loveland area), as well as the town of Windsor in Weld County.
Colorado's 64th General Assembly will be challenged with several problems which we must turn into opportunities if our free society is to be enhanced.
Colorado will have tighter budget constraints than have been seen in many years. Although a difficult challenge, I prefer to view these constraints as a chance to trim down our state government to the most essential and efficient systems. It will involve tough choices, but the long-term goal of freedom and opportunity for all must guide our decisions. This must include public policy which encourages a healthy and honest business environment. We must never forget that government policies cannot create a strong economy, but those policies can encourage the free market dynamics that will bring about robust economic opportunity for all our citizens.
We must also address the water issue. A drought is forcing all of us to optimize our use of this precious resource. It has also created political pressure to re-evaluate our water storage systems. There is little we can do in state policy that will relieve the current shortages, but the long-term benefits of prompt action now are significant.
Security is another major concern in today's world. Creative solutions must be found that do not compromise liberty. We must first defend our freedoms if we are to ultimately be secure. Simplistic solutions would offer to trade freedoms for security. I contend that we can never adequately defend our boarders, our buildings, or anything else which might be vulnerable, by simply adding more centralized control and intrusive regulations. Instead, empowering individual responsibility and initiative is a strong deterrent to those who would seek to disrupt our society. As an example, in order to promote public safety (as well as defend our Constitutional rights), I support statewide concealed carry laws.
We need to always seek to improve our educational systems. Free-market solutions offer the best hope. Parental choice and a healthy system that encourages a wide variety of options will revolutionize educational opportunities in this state. When parents are actively engaged in their children's education, very good things happen. Colorado state government should aggressively promote all forms of school choice.
Finally, I would like to thank Ed Faillace and the Northern Colorado Courier for the opportunity of this column and also extend a special note of thanks to the hundreds of people who helped me gain my election as Representative for House District 49. It is humbling to consider the trust and honor that this position bestows. I pray that I will be able to serve the people of Colorado and represent the best interests of District 49 with wisdom, energy, and justice.
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Get Involved!
August 28, 2003We are several months away from the next legislative session. Locally the biggest political news is the November elections for school board, some city council races and a few referral measures. There is always something going on in the political process, but things are relatively quiet right now.
Let us spend a few moments to consider a significant foundation to the political process in our country: grass roots involvement.
As a legislator I find no lack of political pressure from every side, but when a citizen from my district calls, I listen most carefully.
In addition, when I was campaigning there was never a lack of people to meet with who were concerned about a wide range of topics and there were too many activities to do, but what really counted were voters from my district.
Whenever you as a voting citizen contact your representative or a candidate for that office, you are very important to that official. In our representative republic the very reason for the office is to connect your interests with the government's interests. Never forget the significance of every voting citizen.
You can also multiply your impact by several magnitudes if you are actively involved in the political process.
A great place to start is to go to your local precinct caucus. They are held every other year in April. The next one is this coming spring.
Volunteer to to attend the party assemblies, write letters to the editor, spend some time working on a candidate's campaign. All of these simple tasks are powerful tools which help determine who becomes elected officials and they greatly affect public policy.
I am convinced that we can change the direction of our nation if the people who care about the principles that established this great country are actively involved in the grass roots political process.
For too long too many of us have assumed that someone else will take care of it. Representative government only works well when all conscientious citizens are actively involved. This great political experiment we call the United States of America is only as good as the intentions and effort of its people.
A great deal of cynicism has developed around politics, much of it is well deserved, but I refuse to settle for this standard to remain the norm. I want to test our actions against the principles of a free and just people. I know that in the political realm this can be a reality only as men and women of good will and a strong faith assume their responsibility in the public square.
Will you step up and be a part of the solution? Will you take the time to accomplish the simple tasks required for active, positive citizenship?
Our children, and their children will be blessed with a healthy legacy if we the people get involved.
Rep. Kevin Lundberg
49th House district
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September 11th
The recent terrorist attacks are senseless acts of cruelty which demand a swift and decisive response. I applaud the president for his calm courage and determination to cure this great wrong with appropriate justice. Yet despite all the best efforts to defend this great land and its free people, we should never be confident in our own strength.As I helplessly watched this catastrophe unfold on my television it reminded me how fragile life is and how vulnerable we all are in today's uncertain world. Many similar scenarios of destruction can be imagined and we all know there are far too many people who would willingly be the agents of such despicable acts. On September 11 we saw that chilling reality. These shocking events underscore the very significant spiritual dimension to all of life, including that which concerns our country as a whole and its public policies. At this time we should reaffirm our hope and confidence in the Creator of all, because it is only through God's protective grace that life is even possible.
Let us pray as a country. Pray for those directly impacted by this tragedy. Pray for peace in our land. Trusting alone in our human systems and security measures will always prove to be a false hope. We must be diligently doing what we can, from our human perspective, but also we must intentionally seek God's forgiveness for past failures and His mercy and protection for the future. Only then can we build that strong foundation of which president Bush spoke. Only then can we as a nation truly be prosperous for our children and grandchildren in this challenging world of the twenty first century.
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