Numerous “Real Solutions” Bills Go Into Effect; Practical Proposals by Republican Lawmakers Become Law

Republicans this year presented a package of “Real Solutions” to address Colorado’s most pressing issues. Starting in August, several of these bills become law.

“In these tough economic times, the people of Colorado need real solutions to challenges, not expensive proposals that burden taxpayers’ budgets,” said House Republican Leader Mike May, R-Parker. “Our economy can’t take more taxes and fees or strict mandates that hurt our business climate.”

One of the bills taking effect, House Bill 1139, was sponsored by May and requires the state to evaluate whether it is in the best interest of taxpayers to bid on a toll highway when it is offered for sale or for lease. With limited transportation funding, May said the state should keep all of its options open.

Also part of the Real Solutions package were several environmental proposals, many of which go into effect in August.

Rep. Kevin Lundberg, R-Berthoud, sponsored HB 1318 to launch a pine beetle mitigation fund within the Colorado State Forest Service. The fund would help remove the bark beetle and start to clear infested wood, using only voluntary contributions from the public.

“On this issue, it’s particularly important for citizens and government to work hand in hand to address the impact of the beetle infestation that continues to devastate our community,” said Lundberg. “We must turn around the damage caused by the beetle epidemic and start looking at reforesting affected areas.”

Three proposals by Rep. Rob Witwer, R-Genesee, to help prevent and fight wild fires also go into effect. Senate Bill 39 creates an advisory board for wildfire mitigation and increased training for fire crews in urban forest areas and HB 1110 provides a tax deduction for homeowners who clear the trees around their homes. Also, HB 1334 gives emergency service providers the ability to provide health insurance to their volunteers, which in return will help them attract and retain volunteers.

In addition, Rep. Frank McNulty, R-Highlands Ranch, also sponsored HB 1222 requiring the Legislature's Water Resource Review Committee to take up the issue of how Colorado utilizes hydropower more as an affordable and renewable energy source, and potentially allowing for its use to meet the state’s renewable energy requirements. He said it is critical that policymakers focus on making energy more affordable for Colorado families, and not let radical special interests stand in the way of lower utility bills.

Finally, HB 1101, a health care bill sponsored by Rep. Bob Gardner, R-Colorado Springs, would significantly reduce the waiting list for services to the state’s citizens with developmental disabilities.

Below is a list of other measures that also go into effect.

HB 1003 by Rep. David Balmer – Establishes an expedited election procedure in the event of a catastrophe that leaves 100 or more congressional seats vacant.

HB 1013 by Rep. Jerry Sonnenberg – Allows school-related purchases made by schools and/or school groups to be exempt from certain taxes.

HB 1028 by Rep. Victor Mitchell – Extends the period for people to have the option of making a voluntary contribution to the Alzheimer's Association Fund through a state income tax check-off.

HB 1047 by Rep. Bob Gardner – Creates a set aside program to enable nonprofit agencies that employ persons with severe disabilities to bid on contracts for certain types of state services.

HB 1097 by Rep. Kent Lambert – Prohibits an employer from firing a Civil Air Patrol member when he or she is called up for duty.

HB 1127 by Rep. Larry Liston – Offers a tax credit to a taxpayer who hires someone with developmental disabilities.

HB 1130 by Rep. Stella Garza Hicks – Permits additional extensions of official orders for a wiretap.

HB 1136 by Rep. Ken Summers – At the time of motor vehicle registration, requires the Department of Revenue to verify that the vehicle has not been reported stolen.

HB 1175 by Rep. Stella Garza-Hicks – Creates a new special license plate for the 4th Infantry Division of the U.S. Army.

HB 1179 by Rep. Cory Gardner – Allows the state to withhold from an employee his or her PERA distributions if action has been taken against that employee for theft, embezzlement, or other financial transgression against the state.

HB 1255 by Rep. Cory Gardner – Expands the teacher loan forgiveness pilot program to include more teachers from rural school districts.

HB 1317 by Rep. Marsha Looper – Creates an interstate compact to enhance educational opportunities for children who move frequently as the result of the military deployments of their parents.

HB 1325 by Rep. Marsha Looper – Establishes a pilot program to streamline the application process for the federal H-2A visa program for legal seasonal workers, used by farmers nationwide.

HB 1348 by Rep. Rob Witwer – Expands Colorado’s peace officer force by allowing expanded authority to officers of the Federal Protective Service in the United States Department of Homeland Security Immigration and Customs Enforcement.

HB 1383 by Rep. Ellen Roberts – Allows nurses to retain their license and return to work after a temporary leave of absence.

HB 1395 by Rep. Don Marostica – Exempts the state and its political subdivisions from paying property tax to the state on property it is renting or leasing for at least a one-year term.

SB 68 by Rep. Kevin Lundberg – Allows the use of telemedicine for mental health services under Medicaid.

SB 78 by Rep. Jerry Sonnenberg – Clarifies that the standards used by entities that distribute grants from the State Historical Fund must allow for the use of energy efficient materials and technologies.

SB 108 by Rep. Al White – Offers free lifetime resident combination small game hunting and fishing licenses to Colorado residents who are Purple Heart recipients.

SB 139 by Rep. Kevin Lundberg – Requires the Department of Labor and Employment to provide additional information to employers and the public regarding the illegality of hiring illegal immigrants, as well as the availability of the federal e-verify program to check an employee’s work eligibility status.

SB 166 by Rep. Frank McNulty – Allows members of the Colorado National Guard to receive financial aid for college through the College Opportunity Fund.

Mike May Acts to Defend Private Property Rights

When the judicial branch disagrees with the legislative and executive branches, let the people decide.

That was the message today from House Republican Leader Mike May, R-Parker, when he announced a constitutional amendment to protect private property rights.

“The right to own property is fundamental in this country and it’s unacceptable for the court to trample that right,” said May. “You shouldn’t have to live with the fear of knowing that a heavy-handed government could come in and take your property at any moment.”

In 2004, May co-sponsored the “Telluride Amendment,” House Bill 1203, which the Colorado legislature passed in order to prevent government from taking land outside its jurisdiction. Specifically, the legislation prohibited home rule cities from condemning land outside city limits for “parks, recreation, open space, conservation, and preservation of views or scenic vistas or for similar purposes.”

However, the Colorado Supreme Court recently ruled the state law unconstitutional.

May said that it’s a heavy blow to private property rights and the people should have the final say.

“The Supreme Court may be powerful enough to overturn a state law, but the people are powerful enough to overturn the Supreme Court. If you try to take away our property rights, you can expect a fight.”

May fought the Parker Town Council when a similar situation arose recently in his own district. The town wanted to use its power of eminent domain to take the property of a business owner outside the Town Limits of Parker.

“People have a right in this country to own property, and condemnation should not be used lightly. It is not a tool to get what you want just because you aren’t willing to pay a seller’s price,” said May.

May plans to introduce the constitutional amendment as a House Concurrent Resolution in January. If approved in the House and Senate, the measure would then go before voters as a referendum on the 2010 November ballot.

Marostica: Four Day Work Week Would Save Money, Energy and Resources

Want to make government more efficient and save energy too?

“This would save energy, reduce commuting for state employees and make government more efficient,” said Marostica. ncrease energy efficiency

State Rep. Don Marostica, R-Loveland, is backing a concept that is gaining popularity among state and local governments nationwide: an extended four day work week for state employees.

On August 4, Utah will be the first state that has a mandatory four day work week for its state employees. In Utah, approximately 17,000 state employees will switch to 10-hour shifts, Monday through Thursday, in what estimates say will save the state thousands of dollars in energy costs.

Marostica said his proposal, which he plans to introduce in January, would be similar, but he wants to keep normal business hours by rotating schedules.

He said a four day work week for one of the states largest employers, the government, would : 

     Increase energy efficiency 

     Reduce greenhouse gas emissions and other air pollutants

     Reduce traffic congestion

     Reduce money spent on existing road maintenance

New Law To Prevent Threatening of Judges Goes Into Effect

The verdict is in: It doesn’t pay to threaten to a judge.

Thanks to a bill by Rep. Larry Liston, R-Colorado Springs, it will be a class 4 felony to threaten, or retaliate against, a judge or a member of his/her family.

“This new legislation will provide a greater sense of security for those who serve justice in our state,” said Liston. “It will provide our judges a legal means of defense when they face intimidation and will help to ensure the integrity of our system.”

Previously, individuals who threatened or harassed a judge could be charged under other offenses. Under HB 1115, it will be a separate offense that carries harsher penalties.

The Colorado Judicial Branch estimates that there are approximately three to five incidents that are reported annually that would fall under this law.

“Because of the concerns over retaliation and intimidation, there needed to be a tougher mandatory minimum penalty for violent crimes made against judges,” said Liston.

HB 1115, went into effect on Tuesday, July 1st, making it a class 4 felony to threaten, harass or harm certain individuals in retaliation or retribution against a judge.

Ellen Roberts Continues Effort To Keep Youth Involved

State Rep. Ellen Roberts, R-Durango, is getting youth involved in state government. Roberts worked with young Coloradans in her district this year to create a Youth Advisory Council to give youth a formal role in creating statewide policy.

House Republican Leader Mike May, R-Parker, has appointed Roberts to serve on the Youth Advisory Council, allowing her to stay involved and continue her efforts.

“Ellen was the clear choice to serve on this council,” said May. “She worked extremely hard this year to give younger Coloradans a louder voice in our lawmaking process. Her dedication to civic education and to civic participation is truly inspiring.”

The council was established this year by House Bill 1157, which Roberts sponsored, to make recommendations to elected officials on issues affecting youth in Colorado.

The council consists of 40 members ranging from 14 to19 years of age, plus four additional non-voting members from the legislature.

“Youth should have the opportunity to take part in the political process,” said Roberts. “This type of program has proven to be a success in other states because it allows lawmakers to hear directly from young people. Together we can formulate solutions to improve life in Colorado for all of us.”

Several other states have established similar advisory councils, including: Louisiana, Maine, Nevada, New Hampshire, New Mexico and Washington.

Colorado’s Youth Advisory Council is scheduled to begin meeting in 2009 when the legislative session begins in January.

White’s Forest Protection Measure

State Rep. Al White understands the importance of Colorado’s forests and of protecting them from the disastrous pine beetle. His latest measure to encourage the sale of salvaged pine beetle wood was signed today by the governor.

White, R-Hayden, says it could improve the state’s resistance to wildfires and turn the negative aspects of beetle infestation into positives for the state’s lumber industry.

“The mountain pine beetle has ravaged Colorado forests,” White said. “This is a way to make the most of a bad situation and keep our forests protected.”

House Bill 1269 will exempt all sales, storage, and use of products made from pine beetle wood from state sales and use taxes. Those products include wood products, such as lumber, furniture or wood pellets. The measure would also give cities and counties the option to exempt the sale of pine beetle wood from local taxes.

White says encouraging people to remove and use dead trees should decrease the spread of the beetle infestation and the danger of wildfires.

“We’ve seen some major fires ignite in Colorado in recent years, such as 2002’s Hayman Fire, which burned nearly 140,000 acres,” White said. “The last thing we want is to leave a lot of dry, dead wood lying around during wildfire season to serve as kindling.”

White adds that lumber users shouldn’t be afraid to use pine beetle wood. Beetles only infest directly underneath the bark of a tree. The fungus they leave behind leaves only a blue stain on wood and causes no practical effects on products made from the wood.

“There’s no reason not to take advantage of the tax exemption,” White said. “It’s just as strong and useful as regular wood, but people can save some money and help keep our forests healthy at the same time.”

With the governor’s signature, HB 1269 becomes law on August 6th of this year.

Lundberg’s Beetle Battle Bill Signed By Governor

State Rep. Kevin Lundberg took action this year to address Colorado’s forests. His latest measure to establish a mountain pine beetle mitigation fund was signed today by the governor.

Lundberg, R-Berthoud, says it will be a good way to battle the state’s menacing mountain pine beetles and preserve Colorado’s forest life.

“I’m thrilled to see this effort move forward with the signing of this bill,” Lundberg said. “We desperately need to stop the rapid spread of beetles that are causing much of the damage we see in Colorado’s forests.”

House Bill 1318 will create a fund to help remove infested trees from state forests, removing the beetles before they can repopulate or move to another tree. Money for the fund will come from donations through the Colorado State Forest Service web site. Several other state websites are directed to give information and links to the state forest service. Other funding sources could include gifts, grants and other donations.

The beetles have been responsible for extensive damage to ponderosas, lodgepoles, and limber pines.According to state and federal officials, the insects have ravaged up to 1.5 million acres of trees in the last decade. The resulting sight of browning trees can hurt tourism, but Lundberg says the problems only get worse from there.

“The problems we have with the beetles have always been at least two-fold,” Lundberg said. “They kill healthy trees, which impacts the beauty of our state, and they leave our forests vulnerable to wildfires, which impacts the safety of our citizens.”

Environmentalists say drought and relatively mild winters have allowed the beetle population to explode. Now any level of forest, densely wooded or not, is susceptible to damage. Lundberg says a good solution is to ask those closest to nature to help.

With the governor’s signature, HB 1318 becomes law on August 6th of this year.

Republicans: Session Marked by Lack of Democrat Leadership, Successes by Minority Party

The 2008 legislative session began with lofty promises and high expectations from majority Democrats while Republicans advocated more realistic proposals for real solutions.

House Republican Leader Mike May, R-Parker, said that distinction marked the 2008 legislative session.

“Republicans have found incredible success this year,” May said. “Gov. Bill Ritter’s lack of leadership on issues that affect Colorado families paired with his administration's divisive policies have left us an opening to advance a positive agenda of real solutions for Colorado families.”

May said he was pleased with the ability of both parties to work together to tackle the biggest item of the session: education standards. However, May credits Republicans with setting the direction for the accomplishment this year to raise the bar in education.

“Republicans are responsible for originating the ideas that became the biggest bipartisan education measure in a decade,” May said. “Colorado’s students will now have a high school diploma they can count on as a result of those efforts and the work of Sen. Josh Penry and Rep. Rob Witwer.”

May said the other major accomplishment of the session was to secure a new funding source for higher education, also a Republican proposal.

May said the biggest disappointment of the session was the failure to build fiscal responsibility into a record setting state budget that “spends every dime.”

However, May points to some Republican success in their ability to block harmful legislation. May cites the Democrat Speaker’s attempt to repeal TABOR revenue limits, and the governor’s proposal to hike vehicle registration fees.

“Republicans were busy this year working successfully to pass a positive agenda for Colorado families while providing a great defense for small business owners and taxpayers alike,” May said.

GOP, Penry pose 'plus-one plan' to raise billions for highways--without raising taxes

House and Senate Republicans led by the GOP's Sen. Josh Penry unveiled a proposal today to shore up the state's backlogged transportation needs--without raising taxes, changing the constitution or staging a costly campaign for a statewide ballot issue.

Republicans say their "Plus-One Plan"--which also sets aside funding to back up the state budget in an economic downturn--is a more realistic alternative to a pending Democrat proposal that would ask voters in November to scrap the state's constitutional spending limits.

"This is a smart way to get at the same end without raising taxes and without a fall campaign," Penry, of Grand Junction, told reporters at a Capitol news conference.

Plus-One would tap into annual funding increases for schools that are currently mandated by the constitution but that are scheduled to end next year. The GOP plan would redirect those funds to transportation and a "rainy day" fund for the budget. The Republicans released data compiled by nonpartisan legislative staff showing the GOP plan will raise nearly $3.8 billion over the next decade. Some $2.5 billion of the money would go to transportation and more than $1 billion to a reserve fund.

"You take the budget freedom that (the GOP plan) creates and invest it in transportation and other needs," Penry said.

The rival Democrat proposal attempts to remove constitutional limits on the amount of tax revenue the state can keep. Republicans say that amounts to a de facto tax increase because the constitution now requires any revenue that exceeds the limits to be refunded to taxpayers.

Observers say proponents of the Democrat proposal also would have to raise millions of dollars in campaign contributions to make their pitch to the public if their proposal were placed on the November ballot.

The Republican lawmakers said their approach sidesteps the complexity and controversy of the Democrat proposal by leaving the state's constitution untouched, instead vesting budget authority over the targeted funding stream in the legislature itself. If at any point the legislature needed greater flexibility, it would be free under the GOP plan to suspend the additional funding to transportation or the rainy-day fund.

"This is a real solution for the real challenges Coloradans face," said the House's Rep. Frank McNulty, a Highlands Ranch Republican. Said Republican Sen. Greg Brophy, of Wray, "It's another example of Republicans showing that we'll come up with innovative ways to live within our means."

Added Republican Rep. Cory Gardner, of Yuma, "It preserves (constitutional spending limits), and it does it without a tax increase."

Noting that Democrats control both chambers of the General Assembly, the GOP lawmakers said they will appeal to Democrat legislative leadership to embrace the new Republican alternative.

In a joint statement issued to the press, the Republicans said:

"It is late in the session, but if the leadership in the House and Senate truly wants budget reform, we've got a plan that will give them budget reform--without taxes, without repealing Amendment 23, without referendums or initiatives."

Republicans Call For Action On Economy

With tax day upon us, Statehouse Republicans today called on Majority Democrats to take a step back and join them in evaluating the effect of record setting spending and regulation on Colorado families in the shadow of a looming economic slump.

“The bill for state spending comes due today and it is not Democrat Gov. Bill Ritter that is expected to pay, it is Colorado families,” said house Republican Leader Mike May, R-Parker. “This administration has shown no leadership to bring fiscal responsibility to our state and has added to the economy’s woes by pushing through burdensome regulations and mandates. The state government needs to make the same tough decisions that Colorado families are making every day.”

May’s call for restraint came with the announcement of a proposal for a new interim committee to determine the effect of increased spending and regulation on the state’s economy. The resolution to create this evaluation is being sponsored by Rep. Ken Summers, R-Lakewood, and Sen. Shawn Mitchell, R-Broomfield.

“There has been a race to increase government regulation and the cost of doing business in Colorado.” Summers said. “Part of what we need to know is the role these actions have on Colorado’s economic health and what we need to do to ensure that we are encouraging economic prosperity for Colorado families instead of stifling it.”

Republicans have been critical of numerous Democrat initiatives to increase regulation and expand government. House Republicans stood in opposition to Gov. Ritter’s property tax hike last year and against the record setting state budget this year.

“Coloradans deserve a government that is willing to live within its means just as Colorado families are required to do,” May said. “Reckless government spending and unchecked government growth is not the right direction Colorado should be moving towards, particularly given the uncertainty we are facing with the economy.”

Republicans vowed to continue working for a rainy day fund and will continue to fight unnecessary government regulation.

“There is still time to infuse some fiscal responsibility into our process,” May said. “But we also have to look at the impact of the irresponsible decisions of the last few years.”


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