Hood is next Colorado supreme court justice

William Hood III, a Denver district court judge, has been chosen to succeed chief justice Michael Bender as a member of the state's highest court.

Gov. John Hickenlooper made the announcement Friday.

Hood, 50, has been a judge for about six years. Before assuming the bench he was in private practice and worked as a prosecutor in the 18th judicial district.

The new justice will have to stand for retention in the 2014 election. If retained, he'll serve a ten year term commencing in January 2015.


Hickenlooper's decision means that district judge David Prince of El Paso county and Colorado court of appeals judge John Dailey will have to await another vacancy on the state's highest court before trying again for promotion.

Justice Nancy E. Rice will take over as chief justice when Bender retires on Jan. 7, 2014.

Fort Collins bans fracking

Fort Collins now has an ordinance that bans hydraulic fracturing within its city limits.

The city council in the northern Front Range municipality approved the law Tuesday evening, defying a threat from Gov. John Hickenlooper that the state would sue to prevent local regulation of the oil and gas industry.

Hickenlooper told a Denver TV news reporter last week that litigation in which the state would argue that only the Colorado Oil and Gas Conservation Commission can set rules for the industry would likely be pursued against any city that attempts to ban fracking.

The state's principal oil and gas industry trade group, Colorado Oil and Gas Association, may also challenge the ordinance in court.

"COGA is evaluating taking legal action; the State Supreme Court has clearly stated that drilling cannot be banned within a city, county, or municipality," Tisha Schuller, the organization's president and chief executive officer, said. "Because any new wells in Fort Collins would be hydraulically fractured, a ban on hydraulic fracturing is a ban on oil and gas development."

The ordinance extends further than just a fracking prohibition; it forecloses any oil and gas exploration in Fort Collins.

Fort Collins is now the second municipality in Colorado to ban fracking. Longmont did so last November.

Hickenlooper threatens anti-fracking Colorado cities and towns with lawsuits

Gov. John Hickenlooper staked out Wednesday an aggressive stance in favor of state control of oil and gas exploration.

According to a report by Denver television station KCNC, Hickenlooper told reporter Shaun Boyd that his administration would launch court fights against any municipalities that ban hydraulic fracturing within their city limits.

The state has already started down that path. In December attorney general John Suthers' office sued the city of Longmont, arguing that only the Colorado Oil and Gas Conservation Commission can regulate where fracking occurs in the state.

The litigation with the Boulder county municipality followed a decision by the community's residents to approve an anti-fracking referendum in the November election.

It was the second lawsuit launched by the state against Longmont. Suthers sued on behalf of COGCC after the city adopted rules last summer that limited the areas in which exploration could occur.

Fort Collins might be the next target. Its city council initially approved on Feb. 19 an ordinance that would ban all oil and gas exploration within the city limits.

Hickenlooper says he'd veto firefighter collective bargaining bill

John Hickenlooper does not like the idea of tinkering with the state's polyglot system of handling employment relations with local firefighters.

The governor wrote to Senate president John Morse, D-Colorado Springs, and House speaker Mark Ferrandino, D-Denver, on Tuesday to express his opposition to SB 13-025, which would require all municipalities in Colorado to collectively bargain with firefighters.

“After careful review of the legislation, the concerns of relevant parties and the policies of this administration, we cannot support SB13-025 in its current form and urge the Colorado General Assembly to consider alternatives that respect both the political rights of firefighters and the ability of local governments to make locally accordant decisions regarding collective bargaining,” Hickenlooper's letter said.

Former Gov. Bill Ritter vetoed similar legislation in 2009.

One concern about this year's bill, as well as the measure killed by Ritter, is that it might violate the state constitution. A 1990 state supreme court decision seems to indicate that the General Assembly lacks authority to override article 20, section 6 of Colorado's bedrock law.

Hickenlooper suggests child welfare reforms

Gov. John Hickenlooper has publicly revealed his ideas for fixing Colorado's troubled child welfare system.

The Denver Post has the story.

Hickenlooper calls for numerous policy changes in annual address

Gov. John Hickenlooper's state of the state address, delivered to a packed House chamber on Thursday, included a list of policy ideas.

The governor gave his third address, but the first to a legislature in which both chambers are run by Democrats. He appealed to the General Assembly to continue a focus on job creation and pitched the benefits of the state's natural gas boom.

Among other suggestions, Hickenlooper urged the General Assembly to enact a bill that would require all firearm purchasers to obtain a background check and to overhaul the state's system of mental health care.

The full text of the governor's speech is here.

Hickenlooper announces plan to save Medicaid dollars

Gov. John Hickenlooper thinks he can save taxpayers almost $300 million while extending Medicaid coverage to 160,000 more Coloradoans.

His plan has five elements and, except for one that focuses in part on eliminating redundant or unnecessary medical services, it does not contemplate a reduction in the extent of health care provided to participants in the program.

According to a Jan. 3 press release the cost savings would come from extending "clinically appropriate services" and "ensure use of the most effective care at the lowest cost." The proposal would also focus on rewarding better cooperation between healthcare providers and their achievement of "performance benchmarks." 

The plan will also include an effort to pay providers based on the "value" of their care, as opposed to the frequency with which care is given, and encourage the use of more sophisticated technology capable of improving the efficiency of claim administration. 

Finally, the governor's proposal suggests that additional efforts to reduce wasteful or inappropriate expenditures will help lower program costs. 

“We are focusing on transforming our health system to ensure all Medicaid recipients have access to the right services, at the right time, in the right setting and at the right price,” Susan E. Birch, the executive director of the state's Department of Health Care Policy and Financing, said in a statement.

The cost of the expansion would be about $1.4 billion, but according to DHCPF the steps outlined in the proposal would offset all but about 20 percent of that amount.

House speaker-designate Mark Ferrandino, D-Denver, thinks the governor's plan might work.

"If we combine cost controls and smarter, outcomes-oriented payment systems, we can expand Medicaid and not break the bank,” he said.

Republicans were less enthusiastic, with House minority leader-designate Mark Waller of Colorado Springs arguing that it might lead to an increase in spending on the program and cuts in the number of people who can be served.

"We’ve already scaled back Medicaid once because of costly and inaccurate forecasting, let us make sure we’re not repeating those mistakes under the Governor’s plan," he said.

Another leading GOP voice on health care issues, Rep. Cheri Gerou of Evergreen, said she is concerned that financing Hickenlooper's plan might mean a reduction in spending on education.

"The Governor will need to explain how adding 160,000 people to our Medicaid system will not further reduce the monies available to support our K-12 schools and institutions of higher education.”

If enacted into law, the governor's proposal would expand Medicaid eligibility up to an income level that equals 133 percent of Federal Poverty Level as of Jan. 1, 2014. That means a family earning no more than $30,657 per year could qualify.

Under current Colorado law children and pregnant mothers qualify for Medicaid coverage even if the income of their family is substantially higher than that threshold. Those two categories of beneficiaries are eligible if family income does not exceed 250 percent of FPL.

One sweetener of the proposed expansion could be a delay in Colorado's assumption of the expense it involves. Under the sweeping federal healthcare reform law passed in 2010 the U.S. government will pay for Medicaid expansion to the extent Hickenlooper has proposed until 2016. The federal treasury's contribution to the cost would then decline to a 90 percent share by 2020.

The state's general fund revenue is also not necessary to pay for the expansion. Legislation passed in 2009 that established a provider fee to be assessed on hospitals is the source of funds to pay for it.

Ferrandino and Sen. Irene Aguilar, D-Denver, will sponsor legislation aimed at implementing parts of Hickenlooper's proposal.

If enacted, according to a report published by the Colorado Center on Law & Policy in December, about 120,000 additional Coloradoans would gain access to health insurance coverage.

Hickenlooper certifies passage of Amendment 64, creates implementation committee

Gov. John Hickenlooper formalized Monday the decriminalization of marijuana use and possession in small quantities by signing an executive order certifying the voters' approval of amendment 64.

Hickenlooper also announced the establishment of a committee to develop plans for implementation of the new constitutional amendment.

"Voters were loud and clear on Election Day," Hickenlooper said. "We will begin working immediately with the General Assembly and state agencies to implement Amendment 64."

The new Task Force on the Implementation of Amendment 64 will include, among other members, legislators, law enforcement officers, marijuana legalization advocates, and representatives of counties and municipalities. Hickenlooper named 24 individuals to the committee. 

The panel is expected to produce a report by Feb. 28. It will be chaired by the governor's chief lawyer, Jack  Finlaw, and Department of Revenue executive director Barbara Brohl.

Hickenlooper sworn in as governor

John Hickenlooper was inaugurated as Colorado's 42nd governor this morning at the State Capitol.

He delivered comments indicating that his administration would make job creation a priority.

Lieutenant governor Joe Garcia was also sworn in today.

A report on the event by Denver TV station KDVR is here.

Video courtesy Denver Post.

Business paper reports that Marostica won't be retained by Hickenlooper

Gov.-elect John Hickenlooper won't be keeping his predecessor's economic development chief.

The Denver Business Journal reported Thursday that former GOP Rep. Don Marostica, who leads the state Office of Economic Development and International Trade, had sought to keep the post, but that Hickenlooper has decided to bring in a new cabinet when he takes office in January.

Marostica joined Gov. Bill Ritter's administration in July 2009. He had previously served in the House from Jan. 2007, representing a Loveland-area district.

Hickenlooper wins landslide election as governor

Democratic Denver mayor John Hickenlooper rolled to an easy win in the governor's race Tuesday, beating former U.S. Rep. Tom Tancredo and GOP businessman Dan Maes in a landslide.

Former Colorado State University-Pueblo president Joe Garcia won election as lieutenant governor on Hickenlooper's ticket.

Hickenlooper, a former geologist and restaurateur, ran a mostly positive campaign that emphasized bipartisanship and a commitment to strengthen the state's economy.

"We will implement a jobs plan that starts with economic development at the grass roots level, empowering local communities by starting with their vision of what works best and building on that vision to make Colorado a national center for innovation in every field from agriculture to energy and technology," he said at an election night celebration.

As Denver's leader, Hickenlooper, 58, was lauded as one of the top five big-city mayors in America by Time magazine. During his tenure he spearheaded efforts to lower the number of homeless people in Denver, reduce greenhouse gas emissions in the city, and secure public approval of tax assessments used to fund scientific and cultural facilities.

He was first elected as the Mile High City's chief executive in 2003 and won re-election in 2007.

Garcia, a former director of the state Department of Regulatory Agencies, has been president of CSU-Pueblo since 2006. Before taking that post he was president of Pikes Peak Community College in Colorado Springs for five years.

A graduate of Harvard University's law school and John F. Kennedy School of Government, Garcia practiced law for ten years before embarking on a career in higher education.