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Higher education took a $50 million cut in the ’09-’10 budget on Monday, based on actions from the Joint Budget Committee.  Thirty higher ed lobbyists attended the Tuesday session of the JBC, rooting for a footnote introduced by Representative Don Marostica, R-Loveland, that gives Colorado’s colleges and universities more leeway in setting tuition prices.

Higher ed tuition up in ’09-‘10

“I’d like for higher ed to be more independent of us,” said Marostica.  “They need to find their own level for tuition.”  Marostica’s theory is based on the marketplace.  He believes that colleges will set tuition at a rate that will not exclude students likely to attend their institutions.

In general, state colleges and universities may raise tuition up to 9 percent in ’09-’10.  But with the $50 million cut from the legislature, some institutions may experience cuts greater than 9 percent.

Obama stimulus to “backfill” higher ed cuts

President Barack Obama’s stimulus plan may be used to “backfill” much of the $50 million lost to higher ed.  But if an instituion experiences more than a 9 percent cut, it may be able to increase tuition above the  9 percent to cover the full amount of any trims.

Higher ed knife cuts deep

Many students and their parents can expect substantial tuition increases in ’09-’10.  Once again, higher education takes some of the biggest slices in the general fund, even while other programs, such as water construction projects with the Colorado Water Conservation Board, escape most of the knife.

Paula Noonan can be reached at penoonan@comcast.net

DENVER - Rep. Buffie McFadyen basically made a few small changes in SB-171 Tuesday afternoon, and that was enough to clear the way for it to advance to the House of Represenatives for a floor vote.

McFadyen, D-Pueblo, is the chair of the House Transportation and Energy Committee, and when one of the bill’s sponsors, Rep. Edward Vigil, D-Alamosa, sat before the committee to offer testimony about how the bill had changed since last week when it appeared in trouble, McFadyen took over.

“I’m offering an amendment that essentially becomes the bill,“ she said.

The bill will pipe $2.7 million into job training programs at the state’s community colleges - training for a wide variety of jobs under the umbrella of the new energy economy. What McFadyen did was change the bill to allow current and potential employees in those job categories to qualify for the training programs, which center on aerospace, tourism, information technology and green jobs that Colorado is chasing in light of Gov. Bill Ritter’s pursuit of companies offering those opportunities.

The bill also scraps the original idea of restoring funding to 2001 levels, which stood at about $4 million.

Last week, there was confusion in the committee about who qualified to use the monies under the bill and what the price tag would be. McFadyen asked the bill’s authors and supporters to come back with a clearer explanation as to what the bill would do.

Mission accomplished.

The bill, with McFadyen’s amendment, passed unanimously without discussion, testimony or opposition witnesses.

David Montero can be reached at davemontero@comcast.net

DENVER - Utility bills rank second in expense for school infrastructure, according to Representative Andy Kerr (D-Lakewood), and that’s why he’s sponsoring HB09-1312, a bill to support renewable energy programs for schools.

Alternative energy can help schools save money and put more funds into classrooms, Kerr believes.  Using renewables will also support local Colorado businesses involved in the “green” economy.

School Districts to borrow from state treasury

HB09-1312 will allow school districts to borrow money from the state treasury to support alternative energy projects.  Students, teachers, administrators, and community members will help identify potential projects for funding.

School districts will develop comprehensive plans for renewables and other energy efficiency programs and submit the plans to the Governor’s energy office for review. 

Question over government competing with banks

Representative Tom Massey (R-Poncha Springs) questioned whether the bill should allow the state government to provide the loans.  “Community banks will lose an entire book of business while trying to compete with government loans.” 

Barbara Walker of the Independent Bankers of Colorado and the Colorado Bankers Association added that “banks actively support renewable energy loans” and “this bill would have banks competing with government.”  She said that banks usually “offer schools below market interest rates because the loan is considered a municipal bond.” 

Walker suggested that the bill allow a rebate system, much like the federal government.  She cited District 12’s hybrid bus that qualified the district for a $73,500 rebate.

Unique program to grow over time

The program is unique, according to Kerr.  The committee received assurances that the renewable energy pot would increase in size and any excess interest would go to the state’s general education fund.

Numerous school districts, education associations, and renewable energy businesses supported the bill, which passed on an 8-4 vote in the House Education Committee.

DENVER – Colorado may lose its “safe haven” status for music piracy after the House of Representatives today passed SB-036 by a voice vote  – a bill that toughens the penalties for illegally copying and selling music.

Rep. Christine Scanlan, D-Eagle, sponsored the bill on the house side while Dan Gibbs, D-Boulder, is the senate-side sponsor.

100 copies of bootlegged recordings the established minimum

The bill makes anyone caught selling more than 100 copies of an illegally bootlegged recording of copyrighted material subject to prosecution. The crime remains a misdemeanor in the state, though the original draft sought to make it a felony.

No more safe haven

Scanlan argued that Colorado had become a “safe haven” for those making copies of music illegally and selling them because surrounding states have already changed their laws to make this a felony.

“We are overdue in tackling this issue and Colorado’s small businesses need our support,” Scanlan said. “By making this piracy a higher offense with stiffer penalties, Colorado will no longer be used as a safe haven for this illegal practice.”

Needless duplication claims Rep. J. Kerr

But Rep. Jim Kerr, R-Jefferson County, said it was a needless duplication of existing law.

“That is copyright infringement,” Kerr said. “I thought that law was already on the books.”

The two lawmakers debated back and forth, with Scanlan turning the debate into one about jobs and the economy. She said because Colorado’s laws are so lax, music piracy and its sellers are so brazen that they sell bootlegged music outside of brick and mortar stores.

Kerr asked for statistics and evidence, but Scanlan was not able to provide any.

But the Recording Industry Association of America can.

Liz Kennedy, spokeswoman for the RIAA, pointed to a study showing the toll piracy takes on the economy.

Piracy lowers sales tax

The Institute for Policy Innovation, a non-profit group that tracks piracy for the recording industry, released a report showing the distribution of illegally copied recordings costs the United States more than 71,000 jobs and takes $12.5 billion out of the economy. The group also said piracy removes $422 million in tax revenues for government.

The bill allows law enforcement to confiscate all of the bootlegged recordings and destroy them while the equipment and components used to make the illegal copies would be donated to charity by court order. It also requires the offender to pay the owner of the original recording for the bootlegged copies.

Scanlan said the bill will allow law enforcement to be more aggressive in pursuing music pirates.

Swapping music not good idea

But Kerr also argued people who made one or two copies of music for family and friends could get swept up in the net because the law was written so broadly. Scanlan disagreed and said the bill was designed to go after “the large offenders” in Colorado.

The law covers all forms of recorded materials, including spoken word and music as well as all forms of distribution – compact discs, records, tapes and mp3 files.

The bill passed easily on the floor by a voice vote. It passed in the Senate on Feb. 10 by a 35-0 vote.

David Montero can be reached at davemontero@comcast.net

DENVER - Daniel Kagan(D) held up his right hand, took the oath on the floor of the House of Representatives this morning and will now take on a legislative session trying to create jobs, tackle education and health care reform, and fix a state battered by the worst economic crisis in decades.

Wearing a gray suit, Kagan stood next to House Speaker Terrance Carroll as the oath was administered. Kagan will represent the Englewood area.

“I am extremely proud to say now I am a member of this body,“ Kagan said.

His brother, Michael, flew in from New York to watch him get sworn in and his parents tried to help him find his office shortly after the swearing in ceremony.

Kagan is taking the place of former Rep. Anne McGihon, who stepped down last week to continue work in a law firm. Kagan worked as a volunteer for McGihon during the current session. He has been assigned to the Health and Human Services Committee.

On the floor, he voted in favor of several bills - including SB-036, which toughens penalties against those who illegally pirate and sell music in Colorado and SB-210, which transfers $1.5 million in tobacco settlement money into the general fund.

Kagan brings some interesting history to the legislature. He was born and raised in England and came to the United States in 1975 at the age of 22. He became a citizen in 1984.

The 56-year-old went to school in the United States, graduating from George Washington University and getting a law degree from Yale. But he also has a history in manual labor, working in the ‘70s with the Teamsters loading freight onto trucks while living in Dallas. He most recently worked as a mock trial coach at Cherry Creek High School and, last summer, had a key role in the Democratic National Convention as a strategist for the Hillary Clinton campaign. He was responsible for advocating putting her name on the ballot during the role call on the floor of the Pepsi Center.

He is married with three children - the oldest of whom is 17.

David Montero can be reached at davemontero@comcast.net

DENVER - Cutting the Colorado state budget another $159 million for ’08-’09 is a little like playing a high stakes card game.  The Joint Budget Committee(JBC) sits at a table, although Representative Don Marostica(R-Loveland) stands. 

One of the six legislators puts out a number, say $5 million, another legislator raises the number, and after some discussion, they settle on a figure.  At that point, some program loses several million in funding.

“I hate this,” said Representative Mark Ferrandino(D-Denver), a new member of the JBC. 

Two ways to trim budget

The JBC has two ways to trim the deficit.  It can find money sitting in a fund in a department or agency and scrape those monies into the general fund (GF).  Or it can cut programs.  So far, it’s done both.

$18 million in land funds to pay for CSAPs

The JBC has voted to use school land funds to pay for approximately $18 million in  CSAP testing.  That way, it keeps GF money that would otherwise pay for CSAPs.  It’s probably going to trim the Bioscience Discovery Evaluation Fund by 25 percent.

Severance taxes and telecom fund fertile ground

Severance tax funds are targets.  About $13 million of severance tax money and other funds in Local Affairs may be transferred to the GF.  And $10 million of the Hazardous Substance Response Fund from Public Health and Environment may go to the GF.   

Excess dollars in the telecom reserve fund, mostly supported by fees on wireless accounts, will be swept up in the ongoing dollar hunt.  These funds help Qwest provide telecommunications services to rural areas.  Since many rural areas are now served through other means, the JBC found this one of its easier calls.

TABOR reserve tapped

The JBC is considering taking $10 million of the $23 million in the TABOR reserve, replacing the cash reserve with buildings as collateral.  The committee is betting that no major catastrophe will occur in the next few months that would further drain the cash reserve. 

Higher education funding is in a world of hurt.  The state will give colleges and universities $94 million in ’08-’09, but if it wants to take some of that money back, it will need a waiver from the federal government to get education stimulus money from the feds.  Governor Bill Ritter(D), however, may not be disposed to using stimulus money to backfill higher education. 

Selling CWCB loans a possibility

Senator Chris Romer(D-Denver) and Senator Abel Tapia(D-Pueblo) have suggested selling the Colorado Water Conservation Board’s (CWCB) $50 million+ loan to the City of Aurora to the private sector to grab that money back for the GF.  The CWCB has about $100 million in other loans that might be sold, but apparently the collateral and repay potential on those loans is poor, making their re-sell unlikely.

The CWCB is trying to put out another loan for $60.6 million for the Valley Conduit Project plus $8.4+ million for “purchase and the raw water pipeline.” SB09-125, currently in the House Agriculture, Livestock, and Natural Resources Committee, needs to pass for the funds to be loaned by the CWCB.  These funds are also derived from severance tax.

With the Aurora loan, Senator Abel Tapia questioned whether the CWCB loan could be better used to support education. 

’09-’10 budget next hit

Members of the JBC are Senator Moe Keller(D-Wheatridge), chair; Senator Abel Tapia; Senator Al White(R-Steamboat); Representative Mark Ferrandino; Representative Jack Pommer(D-Boulder); and Representative Don Marostica.  The committee will begin its gargantuan cuts in the ’09-’10 budget on Thursday.

Contact Paula Noonan at penoonan@comcast.net 

DENVER - Gov. Bill Ritter, in a morning conference call, said new jobs will be born out of the new energy economy and that Colorado is competing with other states for the attention of many of those companies creating those jobs.

Ritter said the focus on those jobs will be what kicks Colorado and the nation out of its current economic crisis.

Different future for Colorado jobs

“The future is going to be different and everybody needs to understand that,“ Ritter said. “Our children are going to consume energy differently than we did. For us to be at the vanguard of creating jobs during a downturn…is a very good thing for the state of Colorado.“

He said states like New Mexico and Wyoming - which also have wind power capacity - are aggressively pursuing those businesses and jobs. He said Colorado needs to harness its natural benefits of wind and sun to bring those new energy jobs to Colorado.

Ascent Solar opens headquarters here

Ritter has been traveling around promoting new companies that have committed to jobs in the state. On Tuesday, he was at the grand opening of Ascent Solar’s headquarters and manufacturing facility - a development leading to the creation of 200 jobs. The company came as a result of $4 million in cash incentives, but Economic Development Director Don Elliman said that was only a small part of the company’s equation to bring jobs to Colorado.

“They really came here largely because the labor force we had available to them,“ Elliman said.

Gov to increase job training funding, he hopes

The governor is hoping to increase that labor force through budgeting training programs in the state’s network of community colleges, but SB-171, which was heard before the Transportation and Energy Committee Tuesday, hit a snag when it sought to increase funding for that training by $1 million. Currently, there is $2.7 million allocated under the Colorado Customized Job Training Program. The funding for that program had been slashed in 2001 from $4 million to its current funding level of $2.7 million. Rep. Nancy Todd, D-Aurora, was hoping the bill would restore the funding.

Ritter said there is a hunger for these kinds of jobs and said a job fair in Pueblo for new energy jobs drew 2,200 people for 500 jobs.

Protecting oil and gas GOP priority

Republicans have been skeptical of many of the approaches taken by Ritter and the Democratically-controlled legislature - saying some of the proposals hurt the oil and gas industry and could cause job losses on those fronts.

Colorado’s unemployment rate sits at 6.6 percent - a full percentage point below the national rate. However, first-time jobless claims rose 38 percent compared with 2008, according to the Colorado Department of Labor.

David Montero can be reached at davemontero@comcast.net

DENVER – A bill, SB-171, designed to train people for jobs in the new energy economy stalled in the House Transportation and Energy Committee Tuesday over being asked to approve spending an extra $1 million on the program.

The bill, sponsored by Rep. Nancy Todd, D-Aurora and Rep. Ed Vigil, D-Alamosa, sought to pump $3.7 million into community colleges to train potential workers in fields ranging from green jobs, aerospace, tourism and information technology.

Todd, testifying before the committee, said it would allow the community colleges to cluster the training for potential students and send them out into the workforce trained in a variety of skills.

“That’s where the growth is,” Todd said.

$1 millon for bill hard to find

But Chairwoman Buffie McFadyen, D-Pueblo, questioned the cost. The program is already funded at $2.7 million out of the state’s general fund and McFadyen said the committee was told there would be no fiscal impact on passage of the bill.

She, along with the other committee members, was surprised to hear Gov. Bill Ritter was looking to increase funding by $1 million.

“If one could find $1 million in our budget, well, that’s exciting news,” McFadyen said.

Fund unrecovered from last recession

Matt Cheroutes, spokesman for the Office of Economic Development and International Trade, said the program – the Colorado Customized Job Training Program – had its budget cut from $4 million to $2.7 million during the last recession in 2001. He said restoring the money to the program would help Colorado bring in more new energy businesses and create an attractive, trained workforce.

However, he was also unclear from where the governor was going to move the $1 million to cover the budget increase.

“It is something the governor has continued to budget around,” Cheroutes said.

Committee members also questioned Todd about the vagueness of the language in the bill.

Specify job targets, says McNulty

Rep. Frank McNulty, R-Highlands Ranch, said he wanted more specific targets for job training. And Rep. Glen Vaad, R-Mead, pointed out that the targets for job training were so broad that it could be interpreted by those in the oil and gas industry to tap into those dollars for training the workforce.

With the state budget facing shortfalls, the committee members were perplexed at being asked to send the bill through with the additional $1 million price tag – despite the attractive nature of the bill that promised jobs.

“Obviously we want jobs,” McFayden said. “And w don’t want to cut things. But we may not have a choice.”

Job growth at green Ascent Solar

The bill was heard on the heels of Ritter’s public appearance in Thornton where Ascent Solar opened its manufacturing headquarters. The opening will create upwards of 200 jobs in the new energy economy that Ritter has pushed hard for.

Cheroutes said Ascent Solar approached the governor’s office about opening the facility in Colorado and that the prospect of a trained workforce contributed to their interest.

“There is no question it’s a great sales item for the state to have this in place,” Cheroutes said.

The committee asked Cheroutes to come back with more information on the $1 million and also asked for more specific language on the bill for what programs at community colleges would be covered under the grants. It is likely to be heard before the Transportation and Energy Committee on Tuesday.

David Montero can be reached at davemontero@comcast.net

DENVER - The writing CSAP and 9^th and 10^th grade CSAPs cost the state a lot of money, said Representative Judy Solano(D-Thornton) in the House Education Committee today—money that could be better spent elsewhere.  And these tests are not required by the federal government as part of the fed’s No Child Left Behind Act(NCLB). 

No more state money for writing tests

Solano’s bill, HB09-1304, would prevent the state from paying for any test not specified by the federal government.  Additional testing could occur if paid for by the federal government or individual school districts.

The bill’s disallowed tests currently cost $6.8+million to deliver, with $6.2+ from the state and $567, 000 from the federal government.  Solano’s bill and amendment would put the saved $6.2million+ towards full day kindergarten.

Teachers say tests waste money, don’t improve results

The education community has long argued over the value of extensive CSAP testing.   Dan Daley of the Colorado Education Association questioned the economics of CSAP testing.  “What are we trading off to keep CSAP testing above and beyond what the government requires?  We’re giving up summer school grant programs, stipends for national board certified teachers, drop out prevention, full day kindergarten.”

School Boards say tests identify learning gaps, help students

Jane Urschel of the Colorado Association of School Boards countered that the tests have performed a true service for education.  “No organization seethed more than CASB over the testing in NCLB, and no organization has been more aware of the poor implementation of NCLB.  But it has forced us to realize that we were leaving some children behind, and that’s the brutal fact.” 

Lucille Steiner of Thompson School District said that she’s excited by the Colorado achievement growth model that is being developed by the Colorado Department of Education, and that the CSAP writing testing is critical to the success of the model.  “We want to be able to compare apples to apples, and look at individual student needs so we can figure out interventions to get kids to proficiency.  We don’t want gaps in our longitudinal data.”

State will implement year-by year, longitudinal testing by 2011

If the CSAP writing test were discontinued, districts would not be able to see how children were developing in writing for the two years the tests are stopped.  The whole point of longitudinal assessment is to see how individual children are progressing from year to year.

After a billion dollars, testing results still flat

Teachers argue that after years of testing, the results are still flat, going no where, with only minor up’s and down’s.  The billion dollars put into testing over the last few years would have been better spent on all sorts of interventions.  Jim Polsfut of the Colorado Commission on Higher Education notes that the usual completion time for college kids is six years rather than four, in part because of remediation efforts in math and writing.

Keep on testing to get more federal money

Dr. Ken Turner, executive with the state’s Department of Education, said that Colorado’s testing process makes it a leader among states, thus putting the state in a strong competitive position for receiving President Barack Obama’s Race to the Top stimulus funds.  “This bill jeopardizes our ability to get fed funding.  There are $4.8 billion in Race to the Top funds, and we don’t want to hurt our competitive position for longitudinal study money.” 

The state is currently re-doing learning standards.  It will ultimately re-do its tests to make them consistent with new standards. 

McGraw Hill, publisher, big winner with testing

Solano noted that the state already pays McGraw Hill $18million to do CSAP tests.  Because test results aren’t available until summer, they really don’t help teachers working with their students.  The spending doesn’t provide sufficient value, especially when many districts use other tests, such as the MAP testing system, to evaluate student writing.

Representative Sue Shaffer(D-Lakewood) said that she thought the state was seeking to define world class standards for students.  “Do citizens want us to stay the course?“  In her view, it is critical to continue to move forward.

Bill postponed indefinitely… until next year

The bill ultimately failed when an amendment to an amendment passed in the committee to postpone the bill indefinitely.  

Paula Noonan, of Colorado Capitol Watch, gives the Colorado State Legislature its mid-term report.

DENVER - Rose Swenby put her son on a school bus 20 years ago for a field trip to the mountains.  On the way home, down the mountain from Aspen Park, the bus lost its brakes and careened down the road, with kids flying from one side of the bus to the other trying to use their weight to keep the bus on the highway. 

Ten terrifying miles later, the bus flew off the road and rolled over.  Rose’s son Kevin, 11, in the front seat, was thrown from the bus and died.  Other children were injured.  Only the driver wore a seat belt.

Seatbelts for school buses bill heard in House Ed Committee

Today, the House Education Committee heard SB09-029 to require seat belts on buses.  Sponsored by Senator Brandon Shaffer(D-Longmont) and Representative Buffie McFayden(D-Pueblo), the bill feels like a no-brainer.  Yet as so often happens at the Capitol, decisions are not easy and answers are not clear.

Swenby testified about her loss, which was caused by a series of terrible human errors and faulty brakes.  “If it costs $10,000 to fit a bus with seat belts, I would do that to save the life of a child.”

School buses much safer than in 1989

Scott Benefield, former transportation director for Douglas County Schools and current board rpresident of Jefferson County Schools, testified against the bill.  He cited the history of improvements in school buses since that fateful day in 1989. 

“Since the 1989 crash, we’ve installed retarders, a braking system that improves braking without having to use a foot pedal.  We’ve also increased brake testing to every 4000 miles.  All of this is done to prevent brake failure accidents from happening again.”

Bus interiors have also been improved based on the concept of compartmentalization.  Bus interiors are designed to withstand roll overs and other types of catastrophic events.

Seats are designed to “give” in an accident.  Bus windows are designed to protect children from serious injury. 

Kids out of buses in 90 seconds with accidents

These safety features enable drivers to meet the 90 second bus evacuation standard in accidents.  According to Roberta Duran, a bus driver and trainer from Ouray, she’s barely tall enough to unfasten one child hanging upside down from a turned-over bus, yet alone release 70 kids from their buckles.  She doesn’t want to be in a position of having to “choose which child I save” in the case of fire.

Seatbelt installation and retrofit expensive

Installing seatbelts is expensive.  Belts cost, on average, $890/seat or about $21,000/bus.  School districts are also facing expenses to meet federal emissions standards, with extra costs of approximately $7000/bus, which will go up another $3000 in a couple of years.

School buses one of safest forms of transportation

Steve Herzog of Douglas County Schools says his district transports 18,000 children/day in 300 buses, without serious accidents.  He believes that the added cost of seat belts would put Douglas County out of the transportation business.

Tom Rau is a school board member and bus driver on the western slope.  He often drives kids hundreds of miles to athletic events.  “If this impacted the safety of kids, I’d certainly support the bill.  But with so many kids in a bus, and with all the stops, we’d need another adult in the bus to make sure that all the kids buckled up and stayed buckled so we could get kids to school on time.”

115 of 119 drivers in Grand Junction prefer belts

Ted Texter, a Teamster leader, testified that school bus drivers do want seat belts.  He interviewed 119 drivers in Grand Junction.  Of those, 115 wanted seat belts.  The four against said they were told their wages would be frozen if the bill passed.

Selena Silva of Denver’s Children’s Hospital testified in favor of the bill.  “I’m a passenger safety specialist.  Compartmentalization is not complete.  It cannot protect kids in a roll over.  We’re not just talking fatalities, we’re also talking injuries.  Seating children in appropriate belts can protect kids in sudden stops and sharp turns.”

Katherine Emery, MD, pediatric surgeon, spoke of the 17,000 emergency injuries from school bus accidents in the country, and the concussions, bumps, and bruises she treats. 

Michelle Crawford, a parent who brought the concept of the bill to Senator Shaffer, said that kids can do a 25-60mph face plant in the back of a seat when they are hurtled forward in an accident. 

Money in driver training a better investment

Even so, Benefield noted that school bus travel is much safer than driving to school in a private car.  He would rather put money into driver training for kids because that’s where the greatest risk to children is.

The bill was postponed indefinitely on a 12-0 vote.  Lawmakers want to see how federal standards will evolve.  In the meantime, they’re counting on drivers who receive much more disciplined training than in 1989 to keep kids safe.

DENVER - Former House Speaker Andrew Romanoff stood in the west foyer of the Capitol Thursday with Gov. Bill Ritter and State Treasurer Cary Kennedy to applaud the State Board of Education’s unanimous vote to fund school building and repair projects to the tune of $98 million.  The first funds will be funneled into the San Luis Valley.

The money is part of the BEST plan - Building Excellent Schools Today - and was part of legislation crafted by State Sen. Gail Schwartz, D-Snowmass in 2008. Romanoff, fresh off a trip to the Middle East, was House Speaker at the time the bill was passed and signed into law by Ritter.

Ritter said when he signed the bill into law at an elementary school in Commerce City last year, the depths of the current economic crisis weren’t even imagined.

“We didn’t know the economy was going to get so bad,“ Ritter said. “We didn’t know obtaining financing could become so much of a challenge for capital construction projects. So, in that context, I think we all owe extra thanks to the people who were a part of this.“

The BEST legislation affects 11 school districts in mostly rural areas. State Treasurer Cary Kennedy called the grant the largest investment of state dollars into Colorado school buildings. She said it would be the first of other projects likely to come down within the year.

Romanoff, who toured some of the dilapidated schools before the bill was signed into law, said the lawmakers were confronted with a difficult question from students in the rural areas - why were they subject to lesser educational facilities than those in more populated school districts?

“We didn’t have a good answer then,“ Romanoff said. “Now we do. The quality of your education shouldn’t depend on your zip code.“

The state share of the $98 million in project costs - which will go to fixing leaky roofs, outdated classrooms and building a new K-12 campus in the San Luis Valley - is expected to be $76 million and will be funded through the state’s School Trust Lands. Officials also estimate the projects will result in the creation of 600 jobs and those wages will grease the economic wheels of the state during the current downturn.

Lyle Nissen, who has been a part of shepherding and overseeing the construction of a K-12 school in the San Luis Valley, said things were so bad in the current school being used by students that, “you’d have the students shivering in one part of the building and opening a window in another. I hate to admit that.“

He said he hoped they could break ground on the new school this autumn, but it could happen by Spring 2010 at the latest. Nissen said without the BEST money, the $4 million bond passed by voters in November would’ve been a “band-aid” to the current school. He said the building was constructed in the early ‘30 and last had a renovation in the early ‘70s. Currently, he said it looks like a barn and that people who don’t know the area wouldn’t even know it was a school.

Kennedy said BEST money would act as matching funds for districts that passed bond measures for capital improvements. She also said the projections for the costs of construction are still “on track” despite the difficult economy.

Schwartz said seeing the money realized was one of the most gratifying experiences she’s had as a lawmaker.

Other districts that will be beneficiaries of the BEST funding are Mountain Valley School District, Centennial School District, Edison School District, South Routt School District and Holly School District.

DENVER - Governor Bill Ritter will probably veto HB09-1273, the single payer health plan bill sponsored by Representative John Kefalas (D-Ft. Collins).  Even so, the bill passed the House Business Affairs and Labor committee today on a 5-4 party vote.

Joan Hennenberry, Executive Director for the Colorado Department of Health Care Policy and Financing and policy advisor to Governor Ritter, testified against the bill, along with the Colorado Hospital Association, the National Federation of  Independent Business,  and the Colorado Association of Health Underwriters. 

South Area Chamber against the bill and for it

The South Metro Area Chamber of Commerce, which has studied health care for four years, opposed the bill, but supported some elements, including the goals of universal coverage, cost cutting, and quality assurance.

 Semi-governmental body at heart of bill

The bill sets up a semi-governmental body, the Colorado Health Care Authority, like the public housing agency CHAFA, to analyze and recommend a single-payer system to provide all Coloradans with health insurance. 

The bill does not specify the nature of the single payer system.  No action would occur without a vote of the legislature and probably the people, since some state taxing would be necessary to implement any single payer plan.

Colorado health insurance a disaster

All who testified in the 6.5 hour session agreed that Colorado’s current health insurance system is a “disaster,” “a mess,” and “untenable.”  Even so, Hennenberry argued against the bill. 

She said that the state does not need to create a new commission, as the Blue Ribbon 208 Commission already studied the single payer system.  She said it would take “an act of Congress” to get all the waivers necessary for single payer, and that a new authority would distract from the progress Colorado has already made.

Disease breaking Coloradan finances

Bill supporters disagreed with Hennenberry’s claims of health care progress.  Diabetes, heart disease, cancer, kidney failure, bone breaks, etc., have undermined the financial security of Coloradans.

Family practice physicians in the financial dumper

Family practice physicians favored the bill.  They cited the lack of financial support for the front-line physician, with most new doctors choosing specialties over family practice. 

Dr. Eleanor Christianson, a retired physician, noted the difference in practicing at the University of Denver, which provided universal coverage to its community, and her experience in clinics in Nederland and Black Hawk, where 70% of her patients lacked health insurance. 

“Everyday I spent hours trying to get care for my uninsured patients.  The first question a hospital asks is, ‘what’s the insurance plan.’”

$50,000 goes quickly in emergency room

Mark Simon, a member of the Governor’s 208 Commission, testified from his wheel chair that he “went through $50,000 in the first hour and a half in the emergency room.”  He said that a single payer system will save $1.3 billion a year, the exact amount that the CEO of Health One received when he retired. 

Rice to introduce another health care bill

Committee Chair Joe Rice is working with the South Metro Denver Area Chamber to introduce a hybrid bill, combining both private and public elements to health insurance.  John Brackney, CEO of the Chamber, said that the Chamber “doesn’t want a monopoly competition for a single payer system,” but  “the system today is madness and crazy” and needs to be changed. 

Freedom of choice in current system illusory

Bob Carlson of Health Care for All Colorado said that “freedom of choice in today’s insurance industry is a mystery to me.”  As an insurance underwriter, he said that every insurance company has panels of doctors who determine coverage.  He’s currently covered by Medicare, and the “government system works very well.”

HB09-1273 is on its way to House Appropriations.  The expenses of setting up a health care authority will be covered by grants, not by tax payers.  If the authority does not find funds by 2011, it will be dissolved.

Paula Noonan can be reached at penoonan@comcast.net

DENVER - No, no, no, say health insurers to SB09-159, a bill to allow parents to give their children dependent health insurance coverage up to age 30.  The bill, sponsored by Rep. Debbie Benefield(D) and Rep. Anne McGihon(D), was postponed indefinitely in the House Business Affairs and Labor Committee.

Young people most uninsured

Young people from 19-30, also known as the invincibles, are the most uninsured group of Coloradans.  SB09-159 would allow parents to include their under-30 children in their health care policies.  

Health insurers argued that insurance for the under-30 group is cheap.   Insurers are also doing more to convince the under-30s that health insurance is affordable.  Even so, if an under 30 is sick, insurance is not cheap.

Insurance cheap… unless you’re sick

Dominick Sully and his mother, Dawn Sully, testified to the trials of a young adult with a heart transplant.  This pre-condition puts Dominick in a high risk category, making health insurance unaffordable.  “I don’t want my son to become an indigent,” said Dawn Sully.  “I just want to continue to take care of Dominick without costs to the state.”

Business testified against the bill because it will increase the high risk pool for its employees.  Suzanne Bragg-Gamble of Cover Colorado, the state sponsored high risk insurance provider, said that people who can’t get coverage from traditional insurance can receive coverage from her agency.

Cover Colorado no cure for those on the economic margins

Kelly Stallman of Family Voices noted that Cover Colorado is not a panacea.  “It only covers 8600 people.  Healthy young people can be excluded from traditional health coverage for having acne.”

Respectful debate important

Debate between Representative Anne McGihon(D) and Committee Chair Joe Rice(D) got testy.  Rice said that municipalities had contacted him about the bill, saying they opposed it for its cost.  McGihon said that she spoke to opponents and tried to accommodate their concerns.

Representative Sara Gagliardi felt the committee needed to be more respectful of anyone testifying.  “We need to show respect to both sides,” said Gagliardi.

Paula Noonan can be reached at penoonan@comcast.net

DENVER - Christopher Poskey came before the Agriculture, Livestock and Natural Resources Committee Tuesday with a red shirt, a black suit and a swagger that caught everyone’s attention.

“I can pretty much answer any question you might have,” Poskey, 17, said after offering lengthy testimony on a SB-182.

Rep. Scott Tipton, R-Cortez, laughed.

“Which way will the stock market go today?” he quipped.

Poskey even attempted an answer, which was drowned out by more laughs on the committee. And for those keeping score at home, the Dow Jones went up 178 points. But after the laughs, Poskey got what he wanted – a 12-0 vote in support of a bill that would exempt search and rescue teams from paying state park fees when conducting practices on the sites.

17-year-old Poskey rescuer of the day

The bill, SB-182, was brought before the committee by Rep. Amy Stephens, R-Colorado Springs, and she said Poskey was the one who brought this issue to her attention.

“We charge fees to our search and rescue people as they do the training exercises in the very parks they save people in,” Stephens said. “We can do better by our volunteers who rescue people and save lives.”

The bill will go to the House floor likely later this week for a second reading and then will have a third reading before it could be signed by Gov. Bill Ritter.

Volunteers on 93% of search and rescue operations

Howard Paul, past president of the Colorado Search and Rescue Board, said volunteers conduct 93 percent of the state rescue missions. He said if salaries based on state park salary scales were used, the cost of funding search and rescue volunteers would be $3.9 million.

“For a $6 admission fee, we get $3.9 million in service,” Paul said.

Rescue teams currently have to pay per vehicle and per person fees to access the parks and, while witnesses acknowledged it was nominal, it was the principle of the thing. Teams can range in size from 12 to 80 and the fees can expand if it’s a weekend exercise where overnight costs are incurred as well.

Rescuers grumbled about fees

Col. Jack Buschmann, government relation’s officer for the Civil Air Patrol, said he was surprised the fees being charged to search and rescue teams for practicing had been on the books so long.

“People have grumbled about it, but never did anything about it,” Buschmann said.

And then along came Poskey.

“He did great,” Stephens said.

Poskey said this likely won’t be the end of his political career. He said he wants to join the military and then hopefully run for a seat in Congress.

David Montero can be reached at davemontero@comcast.net

Early on, it looked like a slam-dunk for a senate bill that would revise language to give schools more discretion when dealing with fake weapons brought on campus by students.

Witness after witness strode up to the microphone Monday afternoon before the House Education Committee and used phrases like “common sense” to describe their outrage over how a school district could expel a student for keeping a drill team rifle in her car without telling administrators.

Marie Morrow’s run in with the law leaves lawmakers twisting with the winds

The bill, SB-237, introduced by Rep. Cindy Acree, R-Aurora, came as a result of Marie Morrow’s run-in with the Cherry Creek School District in February when a student saw her practice rifle in the back seat of her car in February. When school administrators at Cherokee Trail High School tackled the issue, Morrow ended up being expelled under the zero tolerance policies of the district regarding fake weapons.

Acree and co-sponsor Rep. Frank McNulty, R-Highlands Ranch, will have to wait until Thursday, however, to find out if the bill will emerge from the committee.

Morrow, who is a member of the Douglas County Young Marines, testified before the committee in full uniform – admitting a mistake in not alerting school authorities to the presence of her rifle – but believing the punishment of expulsion didn’t fit the crime.

Morrow captures the essence:  common sense is a long, messy process

After the long hearing, she was circumspect about the bill.

“It’s a long, messy process,” she said. “I think they’re just trying to figure out how to do it.”

At times, the lawmakers seemed to twist and tangle themselves around the language of the amendments to the bill. Some felt it too narrowly defined the offenses and tied school district’s hands when it comes to enforcing rules about fake weapons on campus. And school district officials didn’t want the bill to strip them of their ability to enforce the rules.

Columbine massacre 10th anniversary makes bill hard to figure

Twice during the hearing, the specter of Columbine High School was mentioned. The 10^th anniversary of the massacre is coming up next month. Cherry Creek School District Superintendent Mary Chesley said administrators are responsible for the safety of 50,000 students a day and that can’t be compromised.

Large school districts, moving lots of kids, have tough time with ambiguity

“We are moving in a day entire towns into 60 locations and then teaching and, hopefully, children are learning a lot in order to be successful,” Chesley said to the panel. “Then they are dispersed back home. Safety is paramount and it has to be legislated.”

But Jonathan Robbins, a parent of two Douglas County Young Marines, feared his children could face the same situation as Morrow if the law isn’t changed. Morrow testified she is still behind on school work as a result of missing eight days of school and that her grade point average has dipped because of it.

Lawmakers haggled over language that would specify a student had to be brandishing a fake weapon or be carrying it on campus to justify a punishment like expulsion. But then other lawmakers fretted about how the district would handle fake weapons left in lockers or backpacks.

Rep. Carole Murray, R- Parker, tried to craft the wording to include “threatening” as a part of the bill but Rep. Judy Solano, D-Brighton, argued that muddied up the language even further.

Bill pushed to Thursday, giving law makers time to work on common sense

The hearing room was packed – with at least a half-dozen people testifying on either side of the issue. Finally, Committee Chair Michael Merrifield, D-Colorado Springs, abruptly halted the proceeding and laid the bill over to Thursday for action only.

Oil and gas interests took one in the rig with HB09-1292, sponsored by Senator Jennifer Veiga(D) and Representative Anne McGihon(D).  The bill institutes new rules on the oil and gas industry, over the objections of mostly rural Republicans who say the regulations will chase oil companies and jobs away.

Legislature should save jobs not wildlife

“I am not willing to throw the oil and gas industry under the bus for the sake of rules that I agree with,” said Representative Jerry Sonnenberg(R) from Sterling.  House Minority Leader Mike May(R) from Douglas County countered, “This bill has pages and pages of rules that, if they weren’t to pass, bad things would happen.”

Job losses result from lower gas prices, not new regulations

Representative McGihon stated that the state isn’t losing jobs because of these regulations.  “Job losses are the result of the dramatic drop in natural gas prices.” 

The new rules will will provide more support for vital wildlife species and apply more safety measures, such as preventing unsafe chemical waste spillage.  The bill passed the House 50-13 and has moved to the Senate with a hearing scheduled for Wednesday.

A working mom receives a call from school to attend a conference about her child.  Her work place is understaffed from lay-offs.  She wavers – should she ask for time off from work or not. 

HB09-1057 mandates leave for employees to attend parent conferences

With HB09-1057, sponsored by Representative Andy Kerr(D) and  Senator Bob Bacon(D), she won’t have to hesitate.  She can go to that conference, provided she works for a company with at least 50 employees; the meeting is related to a parent-teacher conference, a disciplinary action, or special education services; she can give a week’s notice; the company isn’t facing an emergency involving safety or health; and she won’t be away more than three hours.

Parent involvement increases student achievement

Lorena Garcia from 9-5, an association for low income women employees, says this bill is good policy for schools, kids, and employees.  “Work-family integration is a must,” she said. 

Dave Sanger of the American Federation of Teachers said that “Job One for public schools is student achievement, and achievement increases with involved parents.”

School flexibility offers better solution for parent involvement

Christine O’Donnell of the Colorado Hotel and Lodging Association cited the dilemma she faces as a working mother and a business leader.  She’s a mom with a second grader who knows how important it is to get to school conferences.  “My daughter has a teacher now who makes it really easy for me to meet.”  But she knows not all teachers cooperate, and not all schools make it easy. 

She also described the challenges her industry faces right now.  “In the last two months, our industry has had tours and promotions cut.  We’re not putting heads in our beds.  We’re taking our hits.  Most employers try hard to accommodate parents, but we don’t support a mandate.”

Educators disappointed business won’t get behind bill

Dan Daley, Colorado Education Association, questioned the commitment of the business community to student achievement.   “I’m disappointed that some in the business community don’t connect student achievement with parental involvement. It implies that schools alone are responsible for addressing student achievement when we should all be working together, parents, students, schools, business, and the community as a whole.”

Senator Peter Groff(D) also wondered why the business community didn’t support the bill.  “When I shove around the teachers union, the Colorado Association of School Executives, or the Colorado Association of School Boards, I have business right behind me.  But when I need businesses to do their share, then they’re protecting their own self interest.“

Mandating parent conference leave will hurt business

Loren Furman of the Colorado Association of Commerce and Industry commended the bill but opposed its passage.  “We’ve heard from employers, especially small employers, that there are already lots of burdens on them to make changes, and that putting mandates on employers is not the solution.” 

Furman said that both schools and business should work together to find ways to help parents get involved, but the effort should be cooperative and shared.  With this bill, some employees will end up bringing a right to action against employers.

Bill should seek more balance between schools and business

Senator Keith King(R) summed up the Republican point of view.  “This is a double edged sword.  We struggle to get parents involved in the charter school I run, and I’ve run a small business.  I’m going to vote no, but will continue to work to seek better balance in the bill.  The bill doesn’t have enough ownership for schools to get parents to do everything they can to get involved.”

With that, the bill was passed, amended, out of the Education Committee to the Senate.

Liquor stores did a smack down of convenience and grocery stores, preserving their “strong beer” monopoly for at least another year. A sea of red-shirted 7-11 owners showed up at the capitol to take on the liquor lobby with HB09-1192 sponsored by Representative Buffie Mcfadyen(D).  So far the score is liquor - 1, 7/11 - 0.  

Convenience store owners took on liquor, and liquor won

Beer sales can rally lots of people to the capitol.  The Old Supreme Court room was packed, standing room only, with an overflow room also listening in.  Outside the capitol, demonstration and counter demonstration took place, with shout outs on both sides.

Convenience stores lose Sunday beer revenue 

Once the hearing started, convenience stores argued that they’ve lost up to $1000 a week on the turn-down in Sunday sales because liquor stores are now open Sundays.  Safeway argued that liquor stores and grocery stores have coexisted in many states that share not just a beer market, but wine and spirits too.

Don Wills, a 7-11 franchisee, said he bought his stores a couple of years ago assuming revenue from Sunday beer sales.  He’s seen a dramatic decrease in 3.2 beer revenue because customers prefer the “strong beer,“ even though the difference between 3.2 and regular beer is minimal.  

Jeff Crams, a Loaf and Jug executive, says their 91 convenience stores with 878 employees has experienced a 50% decline in Sunday beer sales.  That decline also affects other treat sales as customers prefer to go to the liquor store to get their football game snacks and drinks. 

Liquor stores worry about 18 year olds selling beer

Liquor store opponents cited unequal competition, as they are unable to sell the wide array of products displayed at grocery and convenience stores.  They also had a deep concern over 18 year olds selling full strength beer.  

Dave Ritz, a former state employee overseeing the liquor industry, said that 18 year olds have been selling beer and wine at restaurants since the 1970s, and spirits since the 1990s.

Legislature hangs onto blue law

At the end of the day, everyone in the Supreme Court room knew more about 3.2 beer, craft beer, convenience store revenues, geograpy of liquor store to grocery store locations, and statistics on underage liquor purchases.  Liquor won.  McFadyen said that the state will probably face an initiative in November of ‘09 to allow the beer sales. She already has 100,000 signatures on petitions to allow the sales.

Against the bill:  Bradford, Gagliardi, Priola, Ryden, Scanlan, Stephens, Rice.  For the bill: Balmer, Liston, Casso

State workers with same sex partners made progress on their goal for benefits equity as SB09-088 was passed by the State, Veterans, and Military Affairs Committee in the House on Tuesday.

Colorado Catholic Conference says bill will ruin families

The Colorado Catholic Conference opposed the bill on the grounds that “the covenant of marriage is the foundation of the continuation of society and the family itself.” 

Bill will save state money 

Representative Mark Ferrandino(D), House sponsor, countered that same sex partners need the bill because they can’t get married. 

Bob Bongiovanni, a state employee, has had a same sex partner for 20 years.  “We take care of each other in good times and bad.  If I were allowed top do so, I would share my health care with him.  Instead, my partner has to use state supported urgent care.  Just a few insured domestic partners using the insurance would offset the cost of the program.”

Many Colorado businesses already offer same sex benefits

Lucia Guzman of the Agency for Human Rights and Community Relations for the city of Denver supported the bill.  “Many leading businesses within Denver and Colorado have had these benefits for many years.  Denver has had these domestic partner benefits for ten years – it’s a way of keeping up with the private sector.”

Representative Kent Lambert(R) wanted to know how people will identify their domestic partner for insurance.  The law requires that the partnership relationship has to have existed for at least a year, and that state employees self identify their partner.

Mindy Barton of Equal Rights Colorado said that the bill will allow the state to recruit and retain a skilled workforce by putting up a benefits package that works.  The state should model the best health care, workplace, and family practices.

You see them every day at the Capitol.  They wear a blue name tag and usually have a phone stuck to their ear or their thumbs are attacking their blackberries or iphones. 

They’re the lobbyists who outnumber legislators 5-1, the men and women who aren’t allowed onto the floor of either House or Senate Chambers, but who wield plenty of power at the Capitol.

Lobbyists compete to get legislators’ ear

Donnah Moody, chief lobbyist for the Colorado Association of Commerce and Industry, wears the blue tag.  She took some time on Monday to explain how her day goes at the legislature.

“For every one of me lobbying on a particular side, there’s someone like me on the other side,” she said.  “It makes it extremely difficult.”  With over 600 bills per session, Moody has to pick her battles carefully.

Moody started as a communication director before taking the lobbying position.  Like other lobbyists, she tries to work with all members, but on some issues, some legislators will never see eye to eye with her.

Lobbyists are not allowed on House or Senate Chamber floors

When legislators are on the House or Senate floor, the only way Moody can talk to them is to send in her business card with one of the Sergeant of Arms.  Sometimes, on second or third readings on bills, she can’t reach a legislator in time to try to influence the vote.  “The best bet is to catch legislators by the first reading.”

Lobbying over a nice meal is long gone

Traditional lobbying over coffee or lunch has disappeared with Amendment 41, noted Moody.  Strict regulations enforce an even playing field.  Moody believes that most lobbyists do play fair these days, though “the number is yet to hit 100 percent. You will always find a few bad apples.”

Anyone can lobby at committee hearings

Many people assume that their voice won’t be heard in the State House.  Moody assures that isn’t so.  “Bills are important and people should know that if they want their voice heard, the best chance of protesting or encouraging a bill is at House and Senate committee hearings.”  That’s when legislators open discussion to anyone in the room.

Right now she’s most concerned about SB09-159, a bill to require health insurance companies to extend dependent coverage from age 25 to 30. If a dependent individual has a disability such as autism, the state employee would be exempt from the additional insurance cost.  The potential cost to the state is $2.7 million,  but the bill has not specified how the extra coverage will be paid.

Metropolitan State College will soon offer master’s programs if HB09-1295 passes through the whole legislature as smoothly as it passed the House Education committee on Monday.

Metro has one-fifth of Colorado’s undergraduate students

The committee room was packed with supporters, all in a festive mood, happy to give Metro State more leeway in helping Colorado students reach their dreams. 

Metro State president Stephen Jordan testified, saying that “Demographics are changing around the state.  One fifth of all resident undergraduates go to Metro.”

Education, social work, and accountancy programs will offer new graduate degrees

“We have the largest undergrad teaching education program in Colorado and an outstanding social work program.  We also have a strong accountancy program,” Jordan said.  Metro has also made significant advances in creating a diverse faculty to serve the diverse school demographics.

Representative Nancy Todd(D) said that the legislature was upbeat about helping Metro develop its programs.  “There are so many good things happening at the Auraria campus, and we’ve seen progress, and we want Metro to take these great things to an even higher level.“

Colorado public colleges would allow children of illegal immigrants to attend college at in-state tuition rates with SB09-170 sponsored by Senator Chris Romer(D).  The bill, heard by the Senate Education Committee yesterday, passed out of committee to the Senate as a Whole on a 5-3 vote.

Bill gives kids a piece of the American dream, says Romer

The bill has several premises:  

• Children of illegal immigrants receive free public education but have to pay out-of-state tuition for college.
• Many of these kids stay in the state, so giving them a chance at higher education makes sense.
• The money would be a revenue generator for the universities and colleges.
• The college dream would give kids an alternative to the gang life.

Lots of people want that dream, including prison inmates, veterans, and kids moved to state by parents

Three other tuition bills are in front of the legislature.

• HB09-1264 requires prison inmates to pay for their own tuition for higher education in the state, and they will be eligible for scholarships.  Passed the House. 
• HB09-1039 allows military personnel with an honorable discharge to receive in-state tuition if the college chooses to offer that option.  That is, a state college or university may select in or out of such a program.  Passed amended to the House.
• HB09-1063 allows students who have moved in-state because their parents came to Colorado for a job to receive in-state tuition.  Passed to the House.  

A group of military veterans testified at the hearing on SB090-170 that they should be able to receive in-state tuition.  Senator Nancy Spence(R) offered to run a separate bill to SB-170, not realizing, apparently, that such a bill had been introduced and amended in the House to give veterans a “maybe” on in-state tuition.

Bill would generate revenue for colleges and universities

SB-170 bill proponents, including Dick Monfort, a member of the Board at University of Northern Colorado, and Alex Cranberg, businessman, argued that all kids should have an opportunity for college.  The out-of-state tuition bill is too steep for children of illegal immigrants, especially since the parents have paid taxes in the state when employed.  Romer amended his bill to ensure that these children would not receive any state dollars for tuition by voucher, scholarship, or grants.  “The bill won’t cost the state a cent,“ said Romer.

Some students testified that their friends who are children of illegal immigrants are cut out of college by the money.  “It’s hard when we’re talking about college and some of our friends can’t go because they don’t have the money.“

Bill could help from 500-800 kids go to college

According to estimates, the bill would help from 500-800 students with top grades from high schools across the state.  According to Cranberg, “We should help these kids.  If the bill doesn’t pass, there will be certain outcomes: fewer young people will get a college education, and foreign students whose parents paid no taxes will get a better break than foreign students whose parents do pay taxes.“

Senator Keith King(R) said that the bill gives the children false hope.  They are here illegally, would have an education, but would not be able to work here legally.  The bill requires the children to sign an affidavit that they will apply for citizenship to receive the in-state tuition.

Is it an education bill or an immigration bill

Romer stated that this is an education bill, not an immigration bill.  Stan Weeks from  Boulder asserted many legal complications with the bill.  Up to 4500 children could qualify for the in-state tuition, he said.  The fiscal note on the bill did not include potential liability from a class action law suit if the bill passes.  He sees the bill as a violation of the 1996 Federal Immigration Act and existing state law.  

Education becomes reward for illegality, says military man from Littleton

Gene Hogan from Littleton, a military veteran, said the message to illegal immigrants is, “If you’re poor, don’t expect your own government to help you.  Just sneak across the border and let the US take care of you.  Those crazy Americans won’t deport you, they’ll reward you with free education from kindergarten to high school.“

Labor and business are jockeying with the legislature over HB09-1170 sponsored by Representative Ed Casso(D) and Senator Lois Tochtrop(D). HB09-1170 enables employees “locked out” from work by employers to receive unemployment insurance. As with so many labor-business conflicts, this one has some history.

Bill goes after employer lock out strategy

HB09-1170 represents a two-year effort by the United Food and Commercial Workers (UFCW) union to ensure its workers receive unemployment insurance when they are locked out from their jobs by employers.  In 1996, the UFCW, with its 23,000 members, was involved in “multi-employer bargaining” with King Soopers and Safeway.  King Soopers employees voted to accept the negotiated contract while Safeway employees voted No.  Safeway employees were then “locked out” from their jobs, or prevented from going back to work and collecting unemployment insurance.  

Locked out workers would receive unemployment compensation

This bill makes one significant change in Colorado law. Employers involved in a labor dispute may not use a “lockout” when collectively bargaining to force concessions on the part of employees. According to the UFCW, this simply changes the law back to the way it had been in Colorado for more than 30 years before a 1999 law changed it.  Twenty-eight other states have provisions for unemployment insurance benefits to those who have been locked out.

Bill opponents say CO uncompetitive with HB09-1170 

Opponents raise the fact that states around Colorado do not have these lockout benefits. If Colorado reverses itself on this issue, the state will be less competitive compared to nearby states.  The state has not had a lock out in any industry since the 1996 strike.

Food industry and retailers oppose the bill, unions give support

The bill is opposed by the Colorado Retail Council, the Colorado Association of Commerce and Industry(CACI), the Colorado Competitive Council, and the Rocky Mountain Food Industry Council, among others. The bill is supported by the UFCW, the AFL-CIO, and the Colorado Education Association.

No lockouts since 1996 - bill costs unclear 

A spokesman from the Colorado Division of Labor was asked to testify to outline the fiscal impact of the proposed change.  Currently, Colorado has $506 million in its pocket for unemployment insurance benefits, with this number increasing to an estimated $600 million for the next two years.  The state loses interest income when it pays unemployment insurance as its deposits decline with payouts.  This bill will be back in front of the House Business Affairs and Labor Committee on Tuesday March 10th, so check back next week for more on this legislation.

Colorado is home to thousands of undocumented children of undocumented workers.  These kids can attend public school from kindergarten through 12th grade, but after that, they have to pay out-of-state tuition to pursue higher education.

Any student who attends CO schools, k-12, for at least three years, will receive in-state tuition

SB09-170, the Nondiscrimination In Higher Ed Funding bill sponsored by Senator Chris Romer(D), would change these rules.  Under SB170, any student who has attended Colorado schools for at least three years and meets other requirements can receive Colorado higher education based on in-state tuition.  The bill will be introduced in the Senate Education Committee on Thursday, and does not yet have a sponsor in the House of Representatives.

SB09-170 won’t cost state a cent

“This bill, with amendments, will have zero state subsidies,” said Romer.  “Every undocumented kid will pay $2000-$3000 more than other Colorado kids because they will not receive any tuition subsidy from the state.”  But they will not have to pay a $25,000 out-of-state tuition bill that most undocumented children cannot afford. “These are kids that have done everything we’ve asked of them,” said Romer, his eyes showing his emotion.  “They’ve hit their test scores, their gpa, and they won’t cost the state a cent.  Nothing breaks your heart more than to tell kids in the land of immigrants that we’re going to punish them for their parents coming across the border illegally.”

Romer sees SB09-170 as alternative to gangs

Romer sees the bill as an opportunity to do the right thing for these children, since they will probably stay in the state.  He believes the bill will give undocumented children hope for their future and ensure that the state educates its kids as quality workers while giving a positive alternative to joining gangs.  “It’s not in the state’s best interest to have an uneducated underclass,” said Romer.

Republican legislators will challenge the bill; Republican business owners show support

When asked about Republicans in the legislature who are against any bill supporting undocumented workers or their children, Romer replied that he had plenty of support among Republican business people, including Alex Cranberg, oil man, and Greg Monfort, owner of the Colorado Rockies.  He acknowledged that GOP legislators will challenge the bill, but believes that SB09-170 should be separated from the immigration argument.  “I don’t want to belittle the magnitude of the immigration debate, but we shouldn’t be silly about what we do. “

Kids will apply for citizenship as requirement for receiving in-state tuition

Senator Peter Groff, president of the Senate, would prefer to offer Utah’s law, which allows for the tuition subsidy provided to its student citizens.  In Colorado undocumented children who accept the in-state tuition will have to sign an affidavit stating that they will apply for citizenship.  This affidavit will remain a confidential part of their college file. Governor Bill Ritter(D) has declined to comment on the bill, raising questions over his support.  “This is part of the Governor’s Colorado promise,” said Groff, indicating that he believes the bill will be signed if passed.

After a 2:30am Monday night session culminating in a yes vote for SB09-228, Senator Peter Groff(D), president of the CO Senate,  was remarkably sanguine about the progress of the current session at the half way mark.  Despite much Republican fulmination over SB-228, a bill to eliminate the 6% cap on general fund budget growth, Groff indicated that bipartisanship was not yet dead in the Colorado Capitol.

Over 80% of bills have bipartisan support

“We’ve heard several hundred bills this session, and most have some bipartisanship,” said Groff at a meeting with the press today.  Representative Don Marostica(R) is a sponsor of SB09-228, noted Groff, even though the Representative has been castigated by Republicans for that support. Reporters were also recovering from the 10 hour debate that went from Monday into early Tuesday morning.

Democrats and Republicans have substantive differences

Some reporters questioned whether the debate on the Republican side was substantive or political.  “The job of the loyal opposition is to give substantive policy options to debate, and the GOP did that,” said Groff.  He did find it ironic that Republicans talked so much about the effect of 228 on transportation when they earlier voted against FASTER, the bill to support capital construction for transportation.

Legislature should be able to set and fund priorities

“As Democrats, we’re trying to do what’s best for the state, to position the state for a strong recovery.  It’s time to allow elected officials to determine the priorities of the state and to be able to fund those priorities,” said Groff.  “Folks will reward us based on what we’ve done.  Good policy is good politics.”

Monday morning Senate majority leader Brandon Shaffer had a decision to make. Either continue on a lengthy partisan debate that would have Republicans fuming, or pick up where the Senate left off later in the day. He chose the latter.

GOP not happy with bill, slowing Senate to an inch worm crawl

With the Republican Party threatening to slow down Senate Bill 228 by reading dozens of amendments at length, Senator Shaffer decided to resume talks Monday afternoon after lawmakers attended routine committee hearings.

SB09-228 has put the Senate into a pretzel. The bill has large implications on the flexibility of future state revenues and would do away with certain spending rules in the state budget. If passed, the bill will allow lawmakers to decide each year how much money should go to transportation and how much should go to services like higher education. 

Morse rejects “tyranny” of current statute

Bill sponsor Sen. John Morse, D-Colorado Springs, says that general fund revenues come from taxpayers, and elected representatives should rightly decide how to spend those funds. As it stands now, state law allows the total general fund budget, which covers items like public schools, prisons and higher education, to grow by 6 percent a year. Any revenue above 6% must be spent first on highway construction and then other building projects. Democrats believe transportation shouldn’t receive special preference.  The legislature should decide each year how to disperse funds.

No 6%+funds this year; it’s all cuts all the time

This year, the choices are all on how to cut the budget.  Revenues are down, so the budget will not grow 6%, and transportation isn’t scheduled to receive any extra money until July 2010. The current statute also places a floor from which the budget can grow.  Since the ‘08-‘09 budget will be so low, next year’s budget can grow only 6% from this lower position, even if tax revenues should allow for more.  The overall result is a deep hole affecting many programs, but particularly higher education.  Metropolitan State College, for example, with the second largest student population, receives the least funding of our four-year colleges. 

On Feb. 24, the Senate Finance Committee squeaked out a 4-3 vote to allow the bill to go to the committee as a whole.
The bill is bipartisan with sponsorship by Rep. Don Marostica (R) and Rep. Lois Court(D) in addition to Sen. Morse.  Marostica has suffered brickbats from his fellow Republicans.  The debate continues this afternoon at 12:24pm.

Contrary to all the bad news confronting the legislature’s Joint Budget Committee, Steve Allen with the JBC budget team reported today that RJ Reynolds and Lorillard Tobacco have paid $7.4 million in tobacco settlement money that has, up until now, been tied up in arbitration.  To make JBC legislators even happier, Allen said more money from other tobacco companies may be forthcoming.

Allen made three recommendations to the JBC on how to treat the windfall. 

1.  Intercept all the funds received.

2.  Introduce legislation to cap funded programs at $103 million, the forecast for this year’s budget, leaving the remaining $7.4 million for later allocation.

3.  Reduce the growth of the Nurse Home Visitor Program to 0% this year, which would ensure extra funds which may be needed to offset a partial repayment to the federal government on Medicaid funding for that program.  Some of the $7.4 million may be needed to cover that repayment.

To capture the $7.4 million for future funding decisions, the Joint Budget Committee will have to run a bill.  It will also put the originally forecast figure of $103.3 million as its budget target, excluding the $7.4 million tobacco money so the JBC can decide later whether to spend the money in the ‘08-‘09 budget year or the ‘09-‘10 budget year.