Senate Approves Bill Discouraging School District "Re-Brucing"

The Senate approved Tuesday a bill that would discourage voters that have previously exempted their local school districts from Taxpayer Bill of Rights revenue limits from reimposing those limits.

SB 291 would prevent "re-Bruced" districts from replacing revenue lost by the TABOR caps with state funding.

Several school districts around the state are considering subjecting themselves yet again to revenue limits, despite prior decisions by voters in their boundaries to waive them.

Among the arguments made in support of that idea is a claim that voters' choices to "de-Bruce" were not meant to freeze mill levies at current levels, as a 2007 bill enacted by the General Assembly and upheld against a TABOR challenge by the state supreme court earlier this year requires.

But Democrats, including Gov. Bill Ritter and Senate Education Chairman Bob Bacon, D-Fort Collins, argue that "re-Brucing" would allow districts to shift responsibility for financing local schools to the state.

SB 291 gained final clearance on a party-line vote, but not without some drama in the final stages of the process.

Sen. Shawn Mitchell, R-Broomfield, staged a one-man, three-hour filibuster against the measure when it came before the chamber on second-reading.

He read state statutes, quoted from supreme court decisions, and otherwise talked in an effort to delay consideration of the bill.

On Tuesday Mitchell made only a short, seven-sentence statement, accentuated by a humorous reference to his filibuster, before SB 291 went to a final vote in the Senate.

House Approves Cell Phone Ban

A bill that would make illegal, at least for the vast majority of motorists, the practice of holding a cell phone to the ear while driving cleared the House this morning.

The vote was 39-25. Six Republicans voted in favor of the bill, while five Democrats opposed it.

HB 1094 would require all drivers to employ hands-free equipment while talking on a wireless telephone.

The measure would also generally prohibit minors and school bus drivers from talking on a wireless telephone, even with a hands free device, while operating a motor vehicle. The only exception to that new statutory rule would be the use of the wireless telephone to contact a law enforcement agency.

The bill flatly prohibits, for all drivers, the practice of 'texting" while driving, as well as the use of electronic mail and Internet web-browsing and other applications requiring the use of a keyboard.

The bill exempts police officers, firefighters, emergency medical technicians and some commercial truck drivers from its strictures.

Drivers would be authorized to use a cell phone without a hands-free device in an emergency situation, such as when a person's life or safety is in danger or a crime is being committed. In addition, use of a wireless telephone would be permitted when necessary to report a "fire, traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner."

The ban on the use of a wireless telephone while driving would not apply when a vehicle is lawfully parked or when it is stopped on the shoulder of a road or highway.

A first offense would result in a $50 dollar fine. Subsequent offenses would draw a $100 fine. The bill does not authorize law enforcement officers to search or seize a wireless telephone used by a motorist in violation of its provisions.

HB 1094 now heads to the Senate. It is sponsored in that chamber of the General Assembly by Sen. Bob Bacon, D-Fort Collins.

Senate Passes Parental Leave Bill

A measure that would give parents the right to take time off work to attend meetings with their children's teachers and participate in academic school events gained final Senate approval today.

HB 1057 would allow workers to take 18 hours of unpaid leave during the academic year. The bill would apply only to businesses with 50 or more employees and to businesses in which the leave granted an employee would not endanger the health or safety of another. If the bill becomes law, employees would have to provide their employer with one week advance notice of their intent to take the leave.

Democrats emphasized the importance of parental involvement in improving student academic performance.

"This bill isn’t just about parents, or schools, or kids. This bill is about helping our entire society,” sponsoring Sen. Bob Bacon, D-Fort Collins, and a retired educator, said. “We’ve heard in so many places that businesses need to have an educated work force. This is a small step to nurture the education of the youngsters. In addition, smart citizens and an effective work force greatly helps down the road in reducing other costs, like prisons or unemployment.”

Kate Horley, a spokesperson for the Denver Chamber of Commerce, said the state's business community was initially concerned about a lack of "flexibility" in the bill but that amendments in the Senate addressed those worries.

Speaking of her organization, Horley said it would not oppose the measure.

"We’re neutral now because the bill provides the flexibility employers need to ensure that business gets done,” Horley said.

Horley also emphasized that the state's business community recognizes the value in parental involvement in their children's education but said she is skeptical that a mandate will assure that all employers respect the family lives of their employees.

"I understand what Rep. Kerr is trying to do, and while we all applaud the idea that parents should be involved in their children’s lives, legislation will not move bad actors," Horley said.

The party-line vote was 21-13, with only the GOP's Shawn Mitchell of Broomfield absent.

Because the Senate made changes to the bill, the House again considered the measure Wednesday morning. It rejected the Senate amendments and so HB 1057 will now go to a conference committee.

House OK's Online Voter Registration

Coloradoans could soon be registering to vote online, at least if a bill approved by the House Monday makes it into law.

Under HB 1160, a qualified elector could register to vote, or make changes in their voter registration, if they have a digital signature on file with one or more state databases, including the driver license and motor vehicle registration databases, the state income tax database, the motorist insurance database, or the state's voter registration database.

The bill would require the secretary of state to create and maintain a "fully secure" website to accommodate the online voter registration system. It would impose a deadline of April 1, 2010 for the online system to be made available.

HB 1160 was approved overwhelmingly on a 60-4 vote. The only opponents were Republicans Cory Gardner of Yuma, Kent Lambert of Colorado Springs, B.J. Nickell of Berthoud and Jerry Sonnenberg of Sterling.

The bill is sponsored by Rep. Joe Miklosi, D-Denver, and Sen. Bob Bacon, D-Fort Collins.

It must be approved by the Senate and signed by Gov. Bill Ritter before becoming law.

GOP English Proficiency Bill Gets Education Committee Approval

A Republican bill requiring all students in Colorado to demonstrate proficiency in written and spoken English before graduation from high school won endorsement by the Senate Education Committee Thursday.

SB 98 drew opposition from several Democrats on the committee, who argued that a forthcoming curriculum standards proposal would include English language requirements.

However, the bill's sponsor, Sen. Shawn Mitchell, R-Broomfield, said he would withdraw his bill if that proposal does include standards requiring high school seniors to demonstrate the ability to speak and write English before graduation.

Two Democrats on the committee voted "yes." They were Sen. Bob Bacon, D-Fort Collins, and Sen. Suzanne Williams, D-Aurora. Democrats Sue Windels of Arvada and Ron Tupa of Boulder were the only "no" votes.