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LEGISLATIVE
UPDATE
Week of February 21, 2011
To date, 471 legislative bills have been introduced.
We are reviewing several bills of which you can find sorted by Action 22
committees:
www.action22.org/leg.html Click on the committee and a list of
legislation will come up. This list is updated daily. Let us know of
any bill we are missing. Thanks!!
Cathy
FT. LYON
Send your comments regarding the closing of Ft. Lyon to the JBC (Joint
Budget Committee): cut and paste on to your e-mail --
Becker, Jon (jon.becker@viaero.com);
Ferrandino, Mark (mferrandino@yahoo.com);
Gerou, Cheri (cheri.gerou@gmail.com);
Hodge, Mary (mary.hodge.senate@state.co.us);
Lambert, Kent (senatorlambert@comcast.net);
Steadman, Pat (pat.steadman.senate@state.co.us)
POSITION ON BILLS
Action 22 OPPOSES HB11-1025 – Repealing the
Hospital Provider Fee. This bill repeals the hospital provider fee
which was created by hospitals themselves to be matched by the Federal
Medicaid program. These funds are then returned to the hospitals based
upon their percentages of poor, Medicaid eligible patients. It also
reduces eligibility of children, pregnant women and other recipients to
much lower federal poverty levels. These changes increase the medical
risks for larger numbers of Coloradans currently covered.
Action 22 SUPPORTS HB11-1072
-- Designated Rep Of Initiative Proponents. We, in this state, place a
very high value on open government. We think that those who make laws
that affect us should do so in a very public fashion subject to
scrutiny. To achieve that we require meetings to be held publicly; we
require candidates for public office to file disclosure reports telling
us who are supporting them; we require lobbyists who try to influence
the legislative process to disclose the names of their clients, the
types of legislation they are lobbying and how much they are paid. The
initiative process is a form of lawmaking. Through that process the
citizenry becomes, in effect, a fourth branch of government. Laws passed
through the initiative process are no different in importance than laws
passed by our elected representatives. Recognizing that, it only makes
sense that the initiative process should be conducted under the same
laws that are required of the representative government process. Because
it is direct public lawmaking that does not go through legislative
vetting, it is even more important that we who are asked to vote on
these proposed laws know who is responsible for the drafting; who is
paying for the process of getting signatures; who is funding the
campaign in support and against these laws. Remember the video lottery
initiative. Aren’t we glad that we knew there was an international
gambling conglomerate behind that proposal that would have
constitutionally imbedded the right to run a video lottery system with
one company. Initiative proponents should not fear openness – they
should welcome it because they often are the least trusting of
government. Once they start an initiative they become a part of
government. This proposal is but one step in making the initiative
process more open, transparent and subject to public discourse. 2/2/11
Passed Committee and goes back to the House for 2nd Reading
before going to the Senate. Action 22 OPPOSES HB11-1243 -
Lottery Keno CO Jobs Grant Program The bill authorizes and
directs the Colorado lottery commission to create a keno game and
reallocates the portion of future increases in revenues attributable to
keno activity that would otherwise "spill over" to the state's general
fund as follows:
50% to the Colorado travel
and tourism promotion fund; and
50% to a newly created
program to provide one-time grants to Colorado businesses to reverse
the
offshoring of jobs. Of this portion, any available unspent moneys may be
directed to the Colorado credit reserve program, operated by the
Colorado economic development commission and the Colorado housing and
finance authority, as needed.
Action 22 opposes this legislation.
A regular scratch game of Keno (or new scratch lottery games) does not,
in Action 22 eyes, affect the gaming laws of Colorado. Once Keno
becomes mechanized or electronic (such as video games), it is no longer
a lottery issue but rather a gambling issue and thus, should follow
those laws. Send in your comments to the House State, Veterans and Military Affairs Committee. Copy and paste to your email: Pace, Sal (sal.pace.house@state.co.us); Baumgardner, Randy (randy.baumgardner.house@state.co.us); Coram, Don (don.coram.house@state.co.us); Court, Lois (loiscourt@msn.com); Kerr, James (james.kerr.house@state.co.us); Liston, Larry (larry.liston.house@state.co.us); Miklosi, Joe (joe@joemiklosi.com); Todd, Nancy (nancy.todd.house@state.co.us); Waller, Mark (mark.waller.house@state.co.us)
More information:
HB11-1243 authorizes the Colorado Lottery to establish “one or more
forms of keno.” The bill references the selling of keno “tickets”,
licenses “sales agents” and “claims periods”, without providing any
further definitions. A number of different forms of keno could fit
within the bill’s very loose criteria:
1. The typical lottery
scratch “ticket,” which the Lottery is already authorized to issue.
2. A customer-completed
ticket that is submitted to Lottery retailers and can be played daily.
3. Live, casino-style keno
where customers mark a “keno ticket,” and a computer generates the
winning numbers every
few minutes.
4. Keno slot machines and video keno (the same devices that are played
in Las Vegas and Colorado’s
mountain gaming towns) located at bars and/or current Lottery
retailers.
In addition to leaving keno’s form up in the air, HB 1243 is also silent
on:
The Constitutional
requirement that local voters have a say in whether or not keno
facilities (Options 2 and 3) are located in their neighborhoods;
How local governments will
fund the impact of keno facilities;
Who will pay for keno devices?
Legislators are being asked to approve a measure that could result in
the expansion of casino-style gaming beyond the current three mountain
towns to hundreds of Colorado communities – whether or not they desire
to have it in their community.
The gaming expansion allowed in HB 1243 threatens the 27,000 jobs that
rely directly and indirectly on Colorado’s existing casino industry.
Colorado voters have consistently said ‘no’ to expanding gaming beyond
Black Hawk, Central City and Cripple Creek.
In seven different
elections, Colorado voters have defeated gaming expansion ballot
measures that were far more modest than HB 1243.
The most recent measure, 2003’s racetrack casino measure, was opposed by
81 percent of voters.
A Talmey-Drake survey taken in January of 2011 shows substantial voter
opposition to the keno scheme proposed in HB 1243, with 78 percent of
respondents opposing expanding gambling to allow keno games at retail
establishments like bars and restaurants.
This bill has been assigned to the House State, Veterans & Military Affairs Committee and is scheduled for hearing on the 23rd of February.
Action 22 SUPPORTS SCR11-001
Ballot Measures –This is a referred measure that asks voters to protect
the Colorado Constitution by:
Increasing the number of
votes needed to pass a constitutional amendment from a majority to at
least 60% of the votes cast. (Does not affect the simple majority
voting requirement for initiated statutory changes.)
Requiring that a minimum
number of petition signatures for citizen-initiated constitutional
amendment be gathered from voters who reside in each Colorado
congressional district. (Does not affect the signature requirements for
citizen-initiated statutory changes.)
Allowing current
constitutional amendments to be repealed with the same simple-majority
by which they were voted in (Requires a 60% super majority vote to
repeal constitutional amendments passed after 2012.)
Protecting approved
citizen-initiated statutory changes by requiring two-thirds vot4e of the
legislature to amend that law during the first three years after
adoption.
Colorado voters considered 93 constitutional amendments from 1990
through 2010 – nearly all should have been statutory laws rather than
amendments to the constitution.
Action 22 OPPOSES SB11-025 Colorado
Taxpayer Empowerment Act 2011 Oppose -- There are concerning aspects of
the bill which includes the general principle that private companies
that contract with the state should not be forced to release proprietary
or other information that will jeopardize their ability to perform or
compete. Transparency exists in public contracts with private companies.
Evaluation should be focused on how the contracts are awarded and
fulfilled. This proposed extension may discourage bids on state
contracts.
Action 22 OPPOSES SB11-045 – Transmission
Line Siting. This bill discusses a siting or transmission authority and
has several good parts to it. However, it does override local
government’s rules and regulations. It is best if this bill is shelved
and an effort to come up with a better solution be started. Have the
stakeholders meet this summer (local governments, energy companies,
etc.) to come up with a solution to improve Colorado’s electrical/power
grid (which also improves Western US grid).
Action 22 SUPPORTS SB11-128 – Child Only Health Insurance
Plans. This legislation will provide more options for families to
purchase insurance for their children regardless of medical history or
current health status. It creates a fair insurance marketplace that
allows more insurers to do business in Colorado. This bill is supported
by both consumer advocates and health insurers. This would a guarantee issue for all insurance for children which is a provision of the federal law that took effect September 23, 2010. Guarantee issue without a requirement for coverage creates the opportunity for consumers to “game” the system by buying insurance only when they need it, thus increasing the risk to insurers. The two open enrollment periods created by SB-128 will allow all children, regardless of medical history, access to the child only health insurance. Concurrently, they mitigate the risk of “gaming” and restore a workable marketplace for insurance companies.
There is a lot of effort going on to help businesses with rules, regulations and taxes in order to generate job creation. The following bills are geared toward eliminating the business personal property tax which would help businesses very much – however – concurrently, it would hurt local governments who are recipients of the revenue generated. Local governments’ general fund would be reduced thus cutting outlays for municipal departments such as police/fire protection, parks and recreation, streets, etc. As we work toward improving the economy, we need to look at compromise and collaboration.
SB 11-026
eliminates business personal property tax (BPPT) beginning with a 25%
exception for newly purchased property in 2013. The exemption is
increased by 25% every two years. It is anticipated that this would be
a loss of more than $1 billion in revenue to local government.
SB11-098 would phase out BPPT over a 27 year time period with 20%
eliminated in the first four years. HB11-1141 establishes a two
year BPPT time out for new purchases.
BILLS UP THIS WEEK
AGRICULTURE, PUBLIC LANDS AND NATURAL RESOURCES
Bill HB11-1004 - BAUMGARDNER Farm Truck Registration
Bill HB11-1111 - SONNENBERG Dept Of Ag Livestock Confidential Data
Bill HB11-1146 - MASSEY Def Ag Land For Prop Tax
Bill HB11-1093 - BRADFORD Special Mobile Machinery Ownership Tax
Bill SB11-050 - ROBERTS / GEROU Value Of Condemned Conservation Easement
Bill HB11-1218 - BAUMGARDNER / WHITE Cnty Creation Of Fed Mineral Lease
Dist
Bill HB11-1005 - SONNENBERG / BROPHY Reinstate Tax Exemption For Ag
Products
BUSINESS AFFAIRS
Bill HB11-1031 - MIKLOSI Creative Districts
Bill HB11-1209 - JONES / HEATH OED Small Business Navigator
Bill HB11-1220 - BEEZLEY / FOSTER Accel Urban Transp Projects For Econ
Dev
Bill HB11-1238 - DURAN Job Quality Standards
Bill HB11-1224 - JOSHI Repeal Low-income Telephone Program
Bill HB11-1147 - TYLER Business Development In Colorado
Bill HB11-1207 - MASSEY / SPENCE Movie Ticket Fee For Film Incentives
Bill HB11-1141 - HOLBERT / SCHEFFEL Econ Stimulus Bus Prop Tax Exemption
Bill HB11-1255 - DELGROSSO / SCHWARTZ Colorado Alternative Energy Park
Act
CONSTITUTION
Bill SCR11-001 - SHAFFER B. & ... / MURRAY & ... Ballot
Measures
SUPPORT
EDUCATION AND WORKFORCE
Bill HB11-1168 - MURRAY / SPENCE Equalize Public And Private COF
Stipends
Bill HB11-1048 - SWALM / LUNDBERG Income Tax Credits For Nonpublic Ed
Bill HB11-1184 - MCCANN / KING K. Higher Ed Funding Committee
Bill SB11-069 - HUDAK Educational Management Organizations
Bill SB11-080 - HUDAK / TODD School Improvement Plans
Bill SB11-133 - HUDAK / NIKKEL Discipline In Public Schools
ENERGY
Bill HB11-1240 - SWALM / CADMAN Elec Util Carbon Tax Rate Of Return
Bill HB11-1228 - SOLANO / SCHWARTZ Economic Devel Through Distributed
Gen
Bill HB11-1262 - BECKER / JOHNSTON Elec Util PUC Transparency In Bidding
Bill HB11-1103 - KERR A. Incentivize Certain Wind Turbine Systems
Bill SB11-045 - JOHNSTON / LEVY Streamline Elec Powerline
Siting
OPPOSE
Bill HB11-1255 - DELGROSSO / SCHWARTZ Colorado Alternative Energy Park
Act
FISCAL POLICY
Bill SB11-025 - CARROLL / FERRANDINO Colorado Taxpayer Empowerment Act
2011
OPPOSE
Bill HB11-1084 - BAUMGARDNER / GRANTHAM Modify Late Vehicle Registration
Fee
Bill HB11-1093 - BRADFORD Special Mobile Machinery Ownership Tax
Bill HB11-1220 - BEEZLEY / FOSTER Accel Urban Transp Projects For Econ
Dev
Bill HB11-1165 - SOPER / NICHOLSON Align Cnty Treasurer Water Dist Fee
Bill HB11-1081 - BROWN LPG Vehicles Included For Incentives
Bill HB11-1103 - KERR A. Incentivize Certain Wind Turbine Systems
Bill HB11-1104 - FERRANDINO / STEADMAN Tax Expenditure Reports
Bill HB11-1230 - DURAN Consolidate Housing Assist Into DOLA
Bill HB11-1233 - WILLIAMS A. Bidder Preferences In State Contracting
Bill HB11-1005 - SONNENBERG / BROPHY Reinstate Tax Exemption For Ag
Products
Bill HB11-1141 - HOLBERT / SCHEFFEL Econ Stimulus Bus Prop Tax Exemption
HEALTH
Bill SB11-008 - BOYD / GEROU Aligning Children's Medicaid Eligibility
Bill SB11-012 - BROPHY Student Possession Prescription Drugs
Bill SB11-019 - KING K. / STEPHENS Small Employer Health Ins Payments
Bill SB11-063 - GIRON Health Care In Local Gov Master Plans
Bill HB11-1025 - JOSHI / LUNDBERG Repeal Hospital Provider
Fee
OPPOSE
Bill HB11-1101 - SWALM / MORSE Exempt FQHCs State Licensure
Bill HB11-1171 - FERRANDINO / STEADMAN Study Constitutional Health Care
Moneys
Bill HB11-1175 - BALMER / MORSE Health Care Prof Transparency Act
Bill SB11-125 - WHITE / SONNENBERG Nursing Home Fees & Order Of Payments
Bill SB11-128 - NEWELL / MCCANN Child-only Health Insurance
Plans
SUPPORT
Bill HB11-1019 - KAGAN / BOYD Exempt School-based Clinics Copay
Bill HB11-1217 - ACREE / BOYD Expand Access Health Care
Bill SB11-170 - AGUILAR / FERRANDINO General Fund Cap Medicaid Nursing
Homes
Bill HB11-1119 - LEVY Expand 5-pt NADA Auricular Acupuncture
Bill SB11-168 - AGUILAR / KEFALAS Colorado Health Care Cooperative
LOCAL GOVERNMENT
Bill HB11-1122 - SCHAFER S. Mod Home Rule Charter Reqmnts
Bill SB11-063 - GIRON Health Care In Local Gov Master Plans
Bill SB11-110 - NICHOLSON / CORAM County Open Burning Slash Permit
Program
Bill HB11-1031 - MIKLOSI Creative Districts
Bill HB11-1113 - HOLBERT / FOSTER Impact Fees Transparency
Bill HB11-1220 - BEEZLEY / FOSTER Accel Urban Transp Projects For Econ
Dev
Bill HB11-1059 - SWALM Restrict Local Government Accident Fees
Bill HB11-1165 - SOPER / NICHOLSON Align Cnty Treasurer Water Dist Fee
Bill HB11-1218 - BAUMGARDNER / WHITE Cnty Creation Of Fed Mineral Lease
Dist
Bill HB11-1065 - BALMER No Elected Officials In Public Ads
Bill HB11-1116 - SZABO Local Gov Waste Services
Bill SB11-086 - FOSTER / MURRAY Appeal Periods & Local Sales Use Tax
TOURISM
Bill HB11-1235 - WILSON / BACON Regional Tourism Promotion
Bill HB11-1243 - PACE / TOCHTROP Lottery Keno CO Jobs Grant
Program
OPPOSE
TRANSPORTATION
Bill HB11-1161 - GEROU / HODGE Auth HUTF Use For Div Of Motor Vehicles
Bill HB11-1084 - BAUMGARDNER / GRANTHAM Modify Late Vehicle Registration
Fee
Bill HB11-1192 - CORAM Longer Vehicle Combinations Highways
Bill HB11-1210 - HAMNER / NICHOLSON Require CDOT I-70 Mtn Corridor
Recomms
Bill HB11-1220 - BEEZLEY / FOSTER Accel Urban Transp Projects For Econ
Dev
Bill HB11-1182 - FERRANDINO / HODGE CO State Title & Regis System Fees WATER
Bill HB11-1150 - BECKER / JAHN Use Wildlife Fees Habitat Water Storage
Bill HB11-1026 - GEROU Storm Water Management Sys Admr
DEAD BILLS
Action 22 OPPOSES HB11-1046 – Transportation
Planning Areas. This bill eliminates the VOICE of rural Colorado in
transportation planning. It eliminates rural transportation planning
commissions, the STAC and gives CDOT the right to do non-MPO planning in
the name of efficiency. Our citizens would rather work on their own
planning than have the CDOT Commission draft plans. –
BILL WAS PI’D 2/2/11
Action 22 OPPOSES HB11-1068
– State Engineer Transfers of Water The involved transfers would constitute the largest and most complex movement ever of water within the Arkansas Valley, and we believe the rigor of the water court process provides the best protection for all water users.
The duration of up to 80
years for a transfer is beyond what is considered to be a temporary
supply and not consistent with promoting the legislation as a "pilot"
program. Administrative approvals would not require the substantial engineering and legal review necessary to protect water rights in accordance with Colorado law.
The H.I. Model, while
useful for determining compliance with the Arkansas River Compact on a
rolling 10 year average, is not really applicable for water transfers of
the nature being considered.
The burden of proof of
injury to a user's water rights is on the user, rather than requiring
the transfer applicant to prove no injury.
There is already a
fallowing program that allows for leasing of agricultural water rights
for 3 of 10 years.
There are three main
areas of concerns:
the judicial process is
circumvented (page 3, line 18 of H1086);
the term of 40 years is
too long (given that the approval would be only administrative) and that
the HI Model would be
used to determine transferable consumptive use and return flow
maintenance. The HI Model is an average analysis of impacts to
the Arkansas River at the Colorado/Kansas border. By contrast, the
Arkansas River is administered on a daily basis not average basis and
based on impacts to each diverter or calling right. It was never
intended to calculate on-farm unit by unit parcels for transferable
consumptive use. Action 22 opposes HB11-1068 and urges the committee to keep the current processes on the books to protect water rights. WAS PI’D
Cathy Garcia
President/CEO
Action 22, Inc.
PO Box 697
Pueblo, CO 81002
719.560.9897
1.888.799.1799
cell phone: 1.719.821.2573
fax: 719.546.1558
e-mail address:
cathy@action22.org
Giving Voice to Southern Colorado
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