CCW

The following press release is from the office of Governor Ritter:

Gov. Bill Ritter issued the following statement today following Interior Secretary Ken Salazar’s decision to withdraw the Bush administration’s plan for expanded oil shale research development and demonstration leases:

“I applaud Secretary Salazar’s commitment to take a more deliberate look at the Bush administration’s hasty decision to offer a second round of oil shale research development and demonstration leases. As I have said many times, my administration continues to support RD&D efforts that are currently underway.

“Well-designed research and development efforts are a necessary first step to the kind of thoughtful and deliberate approach that oil shale requires. We welcome the opportunity to provide input on how RD&D leases can best answer questions about what the significant implications of commercial-scale oil shale development means to Colorado’s Western Slope communities.“

January 3rd, 2009 Governor Bill Ritter appointed Michael Bennet to replace Senator Ken Salazar in the US Senate (Salazar was nominated as Secretary of the Interior).

Obese kids and physical fitness took the court in the Senate Education Committee today with SB09-131 sponsored by Senator Chris Romer(D).  Colorado kids are overweight and getting fatter, according to Tara Trujillo of the Colorado Children’s Campaign.  They sit around too much in school and at home.

Kids can reclaim 150 minutes of physical activity per week with bill

Romer offered a mild solution by mandating that schools provide kids 150 minutes of physical activity a week.  As originally written, the bill offered the refreshing concept that kids k-12 would receive this anti-couch potato treatment. Vickie Newell, political policy director for the CO PTA, said the bill would rescue elementary school recess, which has been tossed out at some schools to prepare kids for “filling in the bubbles of standardized tests.”

Democrats and Republicans in the state agree on more physical activity for kids

Lorenz Reinhold, senior policy officer of the CO Health Foundation, said that physical activity is strongly related to high performance and good behavior.  86% of Colorado citizens support more physical activity in school. Jonathan Sovine, a third grader, had earlier testified that he didn’t get enough exercise in his school in Lakewood.

Physical fitness audience fidgets as debate goes on and on

By this time, all in the committee room were squirming in hopes that they could stretch their legs.  But the opponents had yet to testify that local control was the key issue in the bill, and that the state should not tell school districts how to allocate class time.  Kitty Kennedy of the Pueblo City Schools said the bill was “too prescriptive.”  “Local school boards have the authority to make decisions.  This bill dismisses local boards’ constitutional authority, and there are other ways to get schools to pay attention to physical activity,” said Kennedy. Senate President Peter Groff (D) replied that the “most important thing for us is what’s best for children, not local control.”

Bill amended to exclude middle school and high school students from 150 minutes of physical activity a week

After two hours and fifteen minutes of crowded, hot sitting, the Committee worked through a series of amendments that trimmed the bill of any possible fat – only kids in elementary school are under the 150 minute requirement, and just about anything can be fit into the physical activity category.  School reporting to the Department of Education was sliced from the bill, with Romer saying, “We can trust school districts to do the right thing.”

After an amendment to sever another amendment in half, and several other amends on the amends, the bill was passed unanimously to the House as a whole.  At this point, elementary school kids can look forward to 150 minutes a week of physical activity.  Recess may be back for them, obesity may be staved off in elementary school, but kids in middle and high school can still slouch through their days.

State Senator Dan Gibbs(D) scored back-to-back wins today with two fire bills, HB 09-1041 and SB 09-105.  HB 09-1041 came from the House with sponsorship from Republican Cheri Gerou.  This bill will allow fire protection district boards to increase their fees for providing emergency services in step with their rising costs.  When the main issue is public safety, the vote is usually weighted toward safety, and this bill was no different, passing unanimously.

Counties need more money to fight fires

SB 09-105 allows counties to ask community members for more tax money for fire protection. Currently, mandates set the maximum collection limit for fire protection at $500,000, which was adopted in 1996.  Before the 1996 statute, $10,000 was the limit for covering all fire expenses for each county.  According to Summit County Commissioner Bob French, “the expenses of a large wildfire far exceed the $500,000 amount,“ and Summit County has a lot of ground to maintain.

Voters complain that legislature “piling on” taxes, says Lundberg

With wildfires a major concern in Colorado, a half million dollars just isn’t enough.  If a major wildfire were to break out in Summit county that exceeds $500,000, the county would be left to cover the remaining expenses.  Republican Senator Kevin Lundberg voted against the bill citing constituents in his district asking him when the government would stop “piling it on,“ voting to increase taxes.

State Senators Linda Newell and Joyce Foster both disagreed with Senator Lundberg because the legislation provides the ability for counties to ask for the extra funding and nothing more.  SB 09-105 takes unnecessary control from the state government and returns it to local communities.  If the local communities decide that the extra money is not needed, then they will not vote to increase taxes. SB 09-105 passed by a 5-2 vote.

The State House and Senate heard from the Legislature’s economist and Joint Budget Committee staffer today, both confirming the unhappy condition of the state’s economy.  Nancy Mullis of the Legislative Council and John Ziegler of the Joint Budget Committee staff said that Colorado’s economy headed south in September, 2008, while the nation as a whole actually hit the skids in 2007.

35,000 jobs lost in the state in 4 months

The state started to shed lots of jobs in the last 4 months of 2008.  Consumer spending also slowed dramatically.  That double blow sent state revenues down sharply, contributing to the $600 million+ gap in revenues for the second half of the state’s fiscal year.

Tax revenues down sharply in 08-09 fiscal year

The state’s General Fund gets 30% of its revenue from sales tax.  Retail trade decreased 7% in ‘08, and the sales tax decrease for the state is estimated at 5%.  Personal income tax revenue is down $47 million, business profits are down 23% or $115 million, and capital gains will decrease 26% or over $300 million.  These plummeting revenues dropped Colorado’s financial resources over $500 million.

‘09-10 budget expects a slight increase, but not to 2007 level

The state’s revenues should increase about $100 million in ‘09-10, from $7.2 billion to $7.3 billion.  Revenues should bump up to $7.8 million in ‘10-11.  The bottom line is that state revenues will not come back quickly.  The losses in ‘08-‘09 represent the total budget of the Department of Health and Human Services or of the Department of Corrections.

Stimulus package from feds should help some

Colorado will receive about $2.8 billion over the term of the stimulus package, but that amount will not address this year’s shortfall.  The state will receive $880 million for Medicaid and education, but that’s spread over several years.  Speaker of the House Terrance Carroll suggested that legislators might want to visit the Baptist Church across the street from the Capitol where depression counselors can provide support.

It may not be your favorite way to pass time, but it could be one of the most important actions you take - checking out your school district’s budget.  Senator Ted Harvey’s(R) bill, SB09-057, requires school districts to post their budgets online.  The bill was modified by the Senate Education Committee to “encourage” districts to post the information, but Harvey won the Senate debate on 2nd reading to require districts to post the information.

“Show me the money,“ said Harvey

“People are interested in where government spends their money,“ said Harvey.  “It’s the taxpayers money, not a bureaucrat’s money, and not a school district’s money.“  Harvey cited huge interest in his bill when over 20 people testified in its favor.  “It’s taken on a life of its own,“ said Harvey.  “It’s based on a simple premise that one of the testifiers summed up:  if you can’t defend it, don’t spend it.“ 

School districts shouldn’t be micromanaged

Senator Bob Bacon(D), chair of the Senate Education Committee, objected to the bill’s requirement.  “School districts have enough mandates.  Jefferson County Schools says it will cost $10,000 to put the budget up, and that’s in a year when we’re holding back millions from schools.“  Senator Shawn Mitchell countered, “It pains me to hear the fog that shelters schools from accountability.  It pains me to hear accountability made difficult.  Taxpayers went along with Amendment 23 [to provide funds to schools] and the state contributes mightily to education of children.  This bill is a minor burden to put on school districts of Colorado.“

Harvey agreed that school districts who don’t currently have websites will be exempted from the requirements.  He has also agreed to give school districts until 2011 to post the information.

Wednesday the buzz was about high school students going head to head against members of the Senate. No, seriously. Four high school students from Kent Denver told members of the Senate Business, Labor and Technology Committee that reducing the number of plastic bags that clog landfills, choke animals, and litter the planet is critical.

“We have an environmental concern that far outweighs the minimal impact this bill will have on the industry,” said J.J. Shpall, a Kent Denver junior. As for the students’ main opposition?  Several Senate Republicans objected to the bill, including Sen. Ted Harvey, R-Highlands Ranch, who said “Just because you reduce plastic bags doesn’t mean everyone is going to go to canvas bags.  And there are worse options out there than plastic bags.”

Students countered that reducing the amount of plastic bags will help more, not necessarily by increasing the amount of canvas bags, but by using paper bags, where recycling is more available. “It is important that we cut down on our plastic-bag usage first,“ said Laura Abelman, a junior. The bill had a strong foundation of support from Democrats, including legislative sponsor, Sen. Jennifer Veiga, D-Denver, as well as four seriously prepared kids.

The first committee hearing on the bill passed the committee on a 4-3 party-line vote. Republicans on the committee opposed the bill, deeming it an unnecessary government intrusion that could backfire and cause more environmental harm.  Senate Bill 156 will ban large stores from using plastic bags at the checkout line after July 1, 2012. This includes Wal-Mart, King Soopers, Albertsons, Safeway, and Whole Foods. Instead of plastic, these stores would have to either provide paper bags, which the students argued are more environmentally friendly, or ask customers to bring in their own reusable bags.

The film industry has headed south to New Mexico and north to Canada over the last decade due to tax incentives offered to movie makers.  Colorado economic development people hope to change that trend with HB09-1010, sponsored by Tom Massey (R) and Anne McGihon(D) in the House, and Dan Gibbs (D) and Nancy Spence (R) in the Senate.  It will be an uphill battle, but the House Finance Committee has sent the bill on to Appropriations.

Colorado wants to compete again for film business

HB09-1010 will provide a 10% tax rebate for new projects in the film industry on location in Colorado.  At one time, all states competed without incentives, and Colorado boomed with movie projects.  But since the early ‘90s, Colorado has lost jobs and revenue when other states bid up the price of getting movie production out of Hollywood or New York.  Tax breaks for film production companies became the name of the game. Today, Louisiana has a sliding scale tax credit from 25% to 40%.

Keep Our Artists Here

Lots of young Coloradans want to be in the movie business.  The state has 11 film schools, and in 2005-2006 had over 1000 undergraduates seeking a bachelor’s degree in film.  Frederick Leahy of the Colorado Film School at Community College of Aurora said at today’s Finance Committee Hearing, “Young people know how important film is to today’s world.“  According to Leahy, Colorado invested $11 million in 2005 film graduates, and that number is surely much higher today.  With other states providing the incentives to bring the studios to their towns, Colorado is stuck paying for the education of these young professionals without ever recouping the investment.

Heidi McLain of Payreel, a movie industry payroll company located in Golden, said almost all of her business goes to out-of-state payroll, which includes some high paying jobs, such as $55/hour for a gaffer and $100/hour for a camera person.

Herreid rains on incentive parade

Todd Herreid, an economist with the state’s Legislative Council, said it was hard to determine if tax incentives will make a difference.  He cited a Louisiana study that stated that every dollar invested brought only 20 cents in return.  Colorado’s plan will be different from Louisiana’s, according to Massey.  “If the jobs don’t come to Colorado, the incentives don’t get paid.  In the meantime, if they do come, the state will accrue tax dollars and tax revenue.“  McGihon argued that the economic development transcends municipalities and covers the whole state.  “It’s a win-win for counties, municipalities, and the state.“

Marty Chapman, a local actor, said it’s really tough to make a living as an actor in Colorado.  The state ranks 5th in the number of artists, but “there’s just not enough work.“  She applauded, along with others from the film industry, when the bill passed to Appropriations, 7-4.  “Last year it went down at the first committee.  At least this year we’ve made it this far.“

The smartest corporate investors in Colorado avoided the melt down on Wall Street by putting all their money with the Colorado State Department of Revenue.  By overpaying their state taxes, these investors may receive a complete refund on the overpayment PLUS 8% interest, or prime + 3% in the 2008 tax year.  The state receives prime on underpaid taxes. This corporate investment strategy beats the Madoff scheme because the interest is guaranteed and paid by Colorado taxpayers.

Fewer than 10 companies get a cool $500,000 total in interest based on overpayments

According to the Colorado Department of Revenue, a few clever Colorado corporate taxpayers took advantage of this wily scheme to the tune of over $500,000 in interest paid to fewer than 10 entities in 2008.  Even Charles Schwab agrees that is an excellent return on investment. The state Department of Revenue estimates it will save $2.8million in 2009 if this tax gift is revised.

State Representative Joel Judd(D) tries to nip the scheme; two R’s say NO

State Representative Joel Judd(D), contacted by the Department of Revenue about the scheme, has introduced a bill, HB09-1219, in the House Finance Committee to trim the returns for next year, but not completely.  His bill specifies that no interest will be paid by the state on overpayments that do not relate to a bona fide estimate of taxes due.  Some question whether the state can ever prove that an overpayment isn’t bona fide. 

The state will also change the way in which it calculates interest for an overpayment.  The change may lower the interest rate to the Fed rate, which in 2009 is close to 0%.  The bill passed to the House Chamber on a 9-2 vote with Cheri Gerou(R) and Kent Lambert(R) voting No.

Here are some bills that are moving through the State House and Senate today.

These are samples of bills heard in House Chamber and Committees :

1159:  ability of a nonresident to serve on the board of directors of ground water management water districts.

1141:  concerning laws enforced by the administrator of the “Uniform Consumer Credit Code.”

1143:  authority of health maintenance organization to offer basic health services through a limited benefit plan

1028:  creation of an accountability board to review grievances related to the Colorado indigent care program.

1153:  requirements applicable to the formation of an issue committee under Colorado law governing campaign finance

1104:  interior designer certification

1070:  lands prohibited from URAs

These are samples of bills heard in Senate Chamber and Committees:

097:  clarifying changes to provisions pertaining to institutional peace officers

034: the security level designation for the Centennial correctional facility

140: requirement that public trustees serve at the pleasure of the governor

054: increase in the civil penalties recoverable by the state under statutes related to fair trade

150: the priority of a purchase-money lien for a motor vehicle

115: continuation of the regulation of public livestock markets

035: penalty for a violation of certain proscribed acts for government officials

092:  requirement that state-owned motor vehicles operate on compressed natural gas

075: low speed electric self-propelled vehicles

143:  Camera radar restrictions

107:  bonded title notarized bill of sale

Local governments claim that many contractors and subcontractors are unreliable and can’t be trusted to complete jobs correctly or at all.  Contractors and subcontractors assert that many local governments and the state withhold payment way beyond the usual 30-60 days, leaving companies without money to pay workers or vendors. 

Hard to tell whose ox more gored in fight between governments and contractors

The mud slinging in the State, Veterans, and Military Affairs Committee splattered both private contractors and government entities as stories of jobs not completed and money not paid timely, bankruptcies and unfinished roads, caused legislators to wonder whose behavior was worse - governments or contractors.  Senator Bob Bacon(D) said he had rarely seen two sides so badly divided on a blll.

Contractors just want to be paid in 30 days; governments want work done, correctly

The Construction Contract Prompt Payment Bill, SB09-095 sponsored by Abel Tapia (D), requires that contractors and subcontractors receive progress payments every 30 days upon submission of an invoice on jobs requiring more than one month to complete.  The prompt payment protects contractors and subcontractors from having to wait an excessive amount of time to receive payments.  Contractors state that they often carry receivables well beyond the usual 30 days, particularly with government work, because government entities are slow payers.  Contractors and subcontractors also have a hard time getting retained fees back on completion of work.  Some government entities hold money for over a year, putting small contractors and subcontractors in a real pinch with their creditors.  Any account past due 90 days will not be considered for loan collateral.

Neither side plays nice, apparently

Rip off stories abound on both sides.  One city was left with a road half completed when the front loaders of its contractor were foreclosed by a bank.  Gary Maguson with White’s Company, a nationwide contractor, lost $2000/day in Colorado last year because of late payments.  This situation contrasts with their business in Phoenix, which has a prompt payment law, where their accounts are generally current. 

Minority contractors particularly hard hit in hard times

John Mesa of Mesa Construction Company has had a particularly difficult time with Denver International Airport.  He relies on government jobs because it’s tough for minority companies to get private work.  But the company ended up out of pocket for labor materials for 45-60 days on a run way job at the airport.

According to David Padilla, a contractor in the plumbing, heating, and cooling business, it’s typical for local governments to hold payment for 52-90 days.  “It’s a large and systemic issue with over $7 million in sitting receivables past 75 days in our industry.“  “It’s not a fairness issue,“ said Padilla, “it’s a collection issue.  Government entities are asking for a special deal.  We’re not asking for a free ride.“  The blll was sent amended to Appropriations.

The Department of Personnel and Administration wants to upgrade its cooperative purchasing procedures using an online e-procurement system to allow state agencies and other government entities to buy products online.  The state currently negotiates purchasing agreements with vendors producing up to a 15% discount on goods valued at over $345 million.  The e-procurement system replaces the manual procedures currently used with a website to allow state agencies, cities, and other government entities to order directly online rather than calling vendors.

E-procurement system will save the state multiple millions

The goal of HB09-099 sponsored by State Senator John Morse(D) is to save the state and municipalities millions by making the purchasing process more streamlined and efficient.  Since most people using the system aren’t professional purchasing agents, they need a system that will make comparison shopping easier.  The state will also be able to follow purchasing trends more easily and tag products as “green” to encourage environmentally wise purchases.

One percent fee to vendors should cover cost of system

The state will assess a fee to vendors to help pay for the new system.  If insufficient funds are ginned up, which is unlikely according to Adrian Benevides of the DPA, municipalities and special districts would be assessed an additional fee to use the service.  Jim O’Neill of Fort Collins and the Colorado Municipal League, objected to the fee for cities.  Morse stated that the fee will probably not be assessed and will be minimal.

Schultheis wants guarantees that vendors use only “legal workers”

Senator Dave Schultheis asked Morse if vendors had to prove that their workers are “legal.“  Morse said that “all vendors who participate already comply with state laws to be vendors.“  Schultheis, whose bill SB09-023, the Fair and Legal Employment Coloradans Act was killed earlier by the State, Veterans, and Military Affairs Committee, didn’t appreciate Morse’s comment that the state shouldn’t use $10,000 to treat a $10 problem.  Schultheis stated that ensuring legal workers is a “very important issue to the state, very important,“ and voted No on the bill.

The bill passed on to Appropriations

Parents will take a larger role in local schools with State Senator Evie Hudak’s bill, SB09-090.  The bill, titled Parent Involvement in Education, ensures that parents are better represented on school accountability committees, with particular effort to bring on parents based on local school demographics.

Best education bargain of year

Chris Domino, active on Cherry Creek Schools’ accountability committees, said that this bill “is the best education bargain of the year.  It will cost the state next to no money, but it can correct real inequities in how schools operate.”  She cited the challenge of reducing the 30% achievement gap between Anglo/Asian students and Hispanic/black students, and the importance of parental involvement to shrinking the gap.

Parental involvement best predictor of Hispanic student success

According to the Bell Policy Center, parental involvement is the single best predictor of Hispanic student achievement.  Parental involvement makes a huge difference in school attendance and graduation to post secondary education.

State Parent Advisory Council will identify best practices

The bill provides for a state advisory council for parent involvement in education that would identify best practices to help schools use those strategies to bring parents to schools.  The increase in numbers of parents on accountability committees is designed to bring more citizen input into school efforts.

Accountability shouldn’t interfere with administration

Vickie Newell, president of Colorado PTA, said that “some principals want parents to stay home, and that’s why the bill is so needed.”  She added that some people have a distorted view of accountability meetings.  “Members talk about school issues and bring up parent concerns.”  Accountability meetings are not meant to push administrators against a wall.

King seeks break for charter schools

Senator Keith King (R) objected to the part of the bill affecting charter schools.  He said that charter schools already have boards that oversee schools, and accountability committees are redundant.  He asserted that small charter schools would have a particularly difficult time finding enough parents to serve on both school boards and accountability committees.

Hudak replied that the roles of accountability committees and school boards are different.  Accountability committees are designed to ensure that schools are reporting to parents and the community overall achievement results and other target metrics.  School boards are involved in other issues, such as hiring faculty, watching budgets, etc.  King noted the difficulty of small schools having enough resources to bring parents in for school boards and accountability committees.  Amendments were offered to address these issues.

The bill passed to Appropriations.

Paula Noonan, from Colorado Capitol Watch, discusses HB09-1001, Income Tax Credit For Colorado Job Growth. View the full bill here » or leave your comments.

Up to a million Coloradans do not have health insurance.  That’s one-fifth of the state’s population.  State Representative Spencer Swalm thinks he has a solution in HB09-1143, which allows insurers to offer enrollees basic health care services through a limited benefit plan.

From Cadillac to Chevy plans

Swalm noted that Coloradans can now only purchase “Cadillac” health care plans.  His bill will allow the purchase of “Chevy” plans, making it easier for small businesses and people unable to afford traditional health insurance some coverage.  A similar plan is now offered in Tennessee.  The bill mandates full disclosure from plan providers for the coverage and benefits provided.

From Chevy to Unicyle

Ed Kahn of the Colorado Center on Law and Policy stated that passing this bill may be premature, as there is a commission still studying what Colorado’s options are for providing coverage. He also voiced concern that the bill would provide neither “Cadillac” nor “Chevy” insurance policies, but “Unicycle” policies.

The San Luis Valley HMO said that the bill would be a benefit for Colorado small business owners because it could make insuring their employee’s easier.  The HMO explained that by allowing for more coverage options, employers can choose more affordable health care plans for their employees. The committee passed the bill 6-5. Raleigh Walsh

Jobs are job one for the 2009 legislature, but so is balancing the state budget.  HB09-1001 will offer companies tax incentives to bring a minimum of 20 new jobs to the state, but its $16MM price tag, not counting offsets from the revenue from new jobs, makes lawmakers nervous.  Representative Joel Judd, (D)  chair of the House Finance Committee, asked Don Elliman, director of the State Office of Economic Development, what part of the state budget should be cut to make way for the tax credits funding the incentive program.  “I don’t know,“  he said.  “But this program is for us a game changer.“

Tight boundaries on incentives protects state

Bill sponsor Jim Rice (D) focused on the tight boundaries of the bill.  Companies must apply for the incentives to the Office of Economic Development.  Companies then create the jobs, and the jobs must be in existence for at least a year before incentives are paid out.  This policy protects the state from giving out incentives, 3.825% of total new job payroll, before the jobs come to Colorado.

Mountains only go so far in attracting companies

According to Elliman, Colorado often doesn’t get to the table with companies seeking to move jobs because we don’t offer incentives.  Apparently, companies want something more than mountains and a quality work force to come to the state.  Consultants such as Price Waterhouse Coopers want to show companies concrete incentives when they recommend a state to locate employees.  And while Colorado has the 2nd lowest state income tax in the country, that often pales against the reckless millions offered by other states to lure jobs.  Elliman cited Missouri as a state very serious about incentives.  “Missouri offered a hardware store company $20mm to bring a distribution center to the state, creating 800 jobs.“

Job landscape competitive, but incentives can give state leg up

Dr. Richard Wobbekind, an economist at University of Colorado who does economic forecasting, noted that that the competitive landscape for jobs is rough right now.  He believes that the return on the incentive investment would be almost straight up, not 5% as indicated by a study performed in Washington state.  He added that this bill’s incentives are not huge by any measure, but “they put Colorado into the game.“

California companies yearn for more attractive business environment

Tom Clark, executive vice president with the Denver Chamber, said that the state doesn’t need huge incentives to attract new jobs.  “Incentives assume a value beyond cash value.  They make a statement to companies that we’re serious.“  Colorado is the most expensive labor market in the Rocky Mountain region, but the state is attractive to California companies that don’t want to deal with that state’s budget deficit and uncertain economic climate.  “In this downturn, companies are planning on where they’re going to be when the recession ends.  Every day, we’ve had at least one company calling us, especially from California,“ said Clark.  When new jobs come to the state, other synergies can occur, as with Vestas, the wind energy company, that created an education program at Front Range to train workers. 

“We’re in a different place than we were ten years ago,“ said Clark.  “Alternative energy opens up lots of opportunities across the state, especially in rural areas.“  The bill reduces the number of new jobs available for incentives in rural areas from 20 to 10.  The bill moved from House Finance to Appropriations.

State Senator Chris Romer (D) has the most unexcused absences on final votes in both houses so far this session.  He has missed votes on SB09-010, -053, -044, -005, -062, -041, and -065.  Today, he missed the third reading, or final vote, on his own bill, SB09-041, the Private Activity Bond Allocation bill.  The bill passed 26-8 without the sponsor’s vote. 

Cell phone use by drivers can kill.  Shelley Forney, representing her deceased daughter, Erica Forney, 9 years old, told how a cell phone user drove his car into a bike lane where her daughter was riding her bicycle home from school.  The car hit her daughter, with the impact sending her daughter flying off the bike, causing injuries so severe that the little girl was declared brain dead.  She died on Thanksgiving day in 2008. Claire Levy’s bill, HB09-1094, is aimed at stopping the carnage.

Deaths and lost limbs from cell phone use “a waste”

Suzanne McKinney lost her leg to a driver using a cell phone.  She was “impaled against the bumper of my car,“ she stated, and lost her limb.  Her prosthetic doesn’t fit well so she uses a wheel chair.  “I’ve been through 14 surgeries and have had 4 blood transfusions.  I don’t understand the waste of life and limb that can be prevented.“

Many lives will be saved with this bill

Shelley Forney related her grief over the loss of her daughter.  “Joy and laughter was replaced by incredible grief and suffering.  Drivers need to know that when they talk and drive, their focus is greatly decreased.“  She pleaded with the House Transportation Committee to move the bill forward, stating, “I ask you to think about the many lives that will be saved with this bill.“

Representative Steve King (R) asked Forney if she thought that the accident might have been avoided if the driver had used a hands free cell phone device.  While Forney couldn’t respond, Mark Laitos, MD, of the Colorado Medical Society cited studies that show that both hands-on and hands-off cell phone use is dangerous.  His statement was reinforced by the Colorado State Highway Patrol that stated “there’s no difference between hand held and hands free devices.“

Young people should keep eyes on the road, not ear to the phone

State Farm Insurance reinforced particularly the importance of taking cell phones away from young drivers.  The company does not want any drivers under 18 using cell phones for voice or texting.  The company cited reductions in accidents based on an array of laws to ensure public safety in other states.

The bill was moved to House Appropriations on a 9-2 vote, with Frank McNulty (R) and Glenn Vaad (R) dissenting.

State Senator Gregg Brophy introduced SB 09-063 today to limit railway companies from using eminent domain against Eastern Colorado farmers. New plans place railroads through several farms and ranches in Karval, CO to ease congestion along the front range.

New railways will help Front Range, not farmers

Senator Brohpy introduced the bill as insulation for farmers under the threat of eminent domain because the newly planned railways are primarily for the convenience of those on the front range. Senator Brophy state that more than the convenience of others is needed to justify taking someone’s home.  Travis Taylor from Citizens Against Railroad Relocation and a farmer in Karval journied to Denver to support SB 09-063. Mr. Taylor wants the rights over his land, “like any American and as all landowners do in our country.“

Property values fall with rail lines

The use of eminent domain has other pitfalls that primarily affect the local community economically. According to Mr. Taylor, farms with a rail corridor devalue the property, even with just the prospect of a rail line.  This devaluation will lead to a decrease in tax revenue that would then lead to reduced community funded services, particularly funding in education and fire protection. Those testifying in favor of the bill cited the need for the railway inclusive language because other utilities are not as obstructing to the farming process.

When questioned by State Senator Suzanne Williams if they would rather sell their land with or without eminent domain, one rancher answered: WITHOUT! Let us sell the land in good faith! SB 09-063 was postponed indefinitely by a vote of 4-3. Jesse Willis

Municipalities will own certain state highways, based on a unanimous vote in favor of SB 09-078 sponsored by Senator Linda Newell(D). Newell sees the legislation as an opportunity to create two wins from local and statewide standpoints.

Highways will get better care with bill

The transfer of ownership will entitle local communities to solicit repair work and provide local governing bodies necessary powers to provide for the upkeep and maintenance of the roads, instead of relying on CDOT to initiate action.  Melissa Nelson, representing CDOT, testified in support of SB 09-078 citing the growing number of responsibilities for those who maintain and repair Colorado roads. The shift in ownership would allow CDOT to free up resources to provide for a more cost effective road management structure.

CDOT will fund repairs for 20 years

State highways proposed for change of ownership would receive funding from CDOT to maintain the roads for the next 20 years. The money for these repairs have already been allocated and CDOT has $20 Million marked for these purposes.

Depending on the road, the local government will receive a pre-determined amount for the estimated cost over the next 20 years, but the local governments will not be confined as to how they spend the money once they have received it from the state. This raised some questions as to responsible use of the funding but the matter was left as written, with the only stipulation being the money must be used for transportation purposes only.  Jesse Willis