Thursday, March 27, 2008

I-70 Bills Get Hearings Today

Two bills aimed at reducing congestion on I-70 through the Rocky Mountains will be heard by a Senate committee today.

Both bills, introduced by Sens. Chris Romer, D-Denver, and Andy McElhany, R-Colorado Springs, contemplate tolls on the highway. Romer's proposal would assess the tolls on vehicles carrying three or fewer people and which are traveling during peak use periods. McElhany's bill proposes to charge tolls at all times.

The Romer bill would use money generated by the tolls to pay for mass transit expansion along the corridor, while the minority leader's measure would use the money to add additional lanes to the highway.

A report in today's Rocky Mountain News says that Colorado has already been given authority by the federal government to charge tolls on the interstate highway.

Some West Slope lawmakers are critical of the measures.

According to a report in this morning's Denver Post, Sen. Dan Gibbs, D-Silverthorne, thinks the General Assembly will be dealing with "Johnny-come-lately," since there is an ongoing review process underway. And the article quotes Rep. Christine Scanlan, D-Dillon, as saying there is no "magic bullet" to solve the I-70 congestion problems.

The state department of transportation has been sponsoring a collaborative study of possible ways to ease traffic woes on I-70.

The Rocky Mountain Rail Authority is also examining the feasibility of developing a high-speed passenger rail system for the I-70 corridor.

The bills are SB 209 (Romer) and SB 213 (McElhany).

Wednesday, March 26, 2008

Kopp's CSAP Bill Killed

The Senate Education Committee killed Wednesday a bill aimed at helping students who fail the 10th grade CSAP test.

SB 199 would have established a pilot program under which students in ten school districts who fail the sophomore year CSAP exam would take a diagnostic test in 11th grade. That test would be aimed at determining the student's particular deficiencies and would be followed by remedial coursework and then another diagnostic exam at the end of the junior year.

Kopp said during the hearing that state education commissioner Dwight Jones had indicated support for his bill.

"The commissioner appreciated how it would have helped close the achievement gap," Kopp said.

School district participation in the program would have been voluntary.

The bill was the first-ever effort to install a statewide effort to help high school students that fail the CSAP. It would have created a program under which participating higher education institutions could grant college credit to 10th graders who achieve very high scores on the CSAP exam.

Ritter Signs Net Metering Bill

Gov. Bill Ritter signed Wednesday a bill that will require the state's municipal utilities and rural electric cooperatives to grant credit on the electric bills of their customers who generate power from renewable sources.

HB 1160, sponsored by Rep. Judy Solano, D-Brighton, caps the amount of "home-grown" power for which a utility must give credit. Residential generators can get credit on their electricity bills for up to 10 kilowatt-hours of power, while commercial users can get credit for up to 25 KwH.

"This marks another momentous step forward as we engage homeowners and businesses in participating in the New Energy Economy," Ritter said. "This bill brings fair and equitable net-metering policies to citizens throughout the state, and it encourages more residential investment in renewable energy while supporting its use in rural communities."

The measure allows the municipal utilities and rural electric cooperatives to require the customer-generator to provide insurance and comply with technical interconnection standards. It does not apply to municipal utilities with less than 5,000 customers. It applies to power generated from solar, wind and hot water systems.

According to the U.S. Department of Energy, 42 states plus the District of Columbia have net metering laws in effect. Amendment 37, passed by the state's voters in 2004, imposed net metering requirements on investor-owned utilities operating in Colorado.

Payday Loan Rate Cap Subject of Odd Senate Maneuvering

A controversial bill that would cap the interest rates and fees that could be charged by "payday lenders" received initial approval by the Senate Tuesday, but then the Senate reversed itself and, in an unexpected move, sent the bill back to committee.

HB 1310 has drawn vociferous opposition from the industry because it caps the annual interest rate that can be charged on short-term loans at 45%.

Under current law so-called "payday" lenders can charge fees that add up to an equivalent annual interest rate of 390%.

Data collected by the Office of the Attorney General indicates that the average borrower of a short-term loan was loaned $353.88 for a period of about 5 1/2 months. That average borrower paid $573.06 in finance charges.

The Senate, after approving the bill by voice vote in a close divide, sent it back to the appropriations committee to consider an amendment by Sen. Jennifer Veiga, D-Denver, requiring establishment of a financial literacy program. That program would be funded by a ten cent per loan fee.

The ill-fated vote to initially approve HB 1310 was 19-16, with Sen. Lois Tochtrop, D-Thornton, joining the Republicans in opposition.

Rep. Mark Ferrandino, D-Denver, and Senate president Peter Groff, D-Denver, are the principal sponsors of the measure.

Tuesday, March 25, 2008

Nursing Mothers Bill Keeps Moving

A bill that would require Colorado employers to accommodate nursing mothers' need to breastfeed their infants or pump milk gained final approval in the Senate Monday and now heads to Gov. Bill Ritter.

HB 1276 provides that employers have to give female employees reasonable amounts of unpaid break time and/or paid breaks and/or mealtime in order to allow breastfeeding or pumping for up to two years after the employee's child is born.

The measure also requires employers to make "reasonable efforts" to provide privacy to the employee by means of a separate room and not a toilet stall.

The bill specifies that an employer does not have to take on any "undue hardship" to comply with the law. That phrase is has a meaning that is dependent on the financial condition and size of a business, the nature of its operations, and considerations of public safety.

The proposed "Workplace Accommodations for Nursing Mothers Act" was sponsored in the House by Rep. Andy Kerr, D-Lakewood, and in the Senate by Sen. Dan Gibbs, D-Silverthorne.

According to the National Conference of State Legislatures, 14 other states have laws that touch on the right of female employees to expel milk at work.

Rep. Levy's Judges Bill Clears Senate

A bill that would prevent judges from hearing cases in which one of their colleagues is a party has cleared the Senate.

HB 1193 is a response to the kind of situation that occurred in a controversial Boulder adverse possession case last year, in which one of the winning plaintiffs had been a judge on the district court in which the dispute was decided.

The measure, sponsored by Rep. Claire Levy, D-Boulder, will return to the House for consideration of a technical amendment concerning the state's water courts added in the Senate.

DNA Bill Gets Initial Senate Approval

Although several members listed as co-sponsors decided not to vote for their bill, a measure that would grant convicted felons a new trial when law enforcement authorities lose or fail to keep DNA evidence passed the Senate on its first test this morning.

SB 205, which is sponsored by 26 senators, was approved on a voice vote.

However, some of those who had signed on to sponsor it ended up opposing it.

Sen. Tom Wiens, R-Castle Rock, was among them. He said that he believes there are "plenty of other opportunities" to remedy loss of evidence. Sen. Josh Penry, R-Fruita, argued that the bill will benefit only one man.

Sen. Ken Gordon, D-Denver, has said he was inspired to draft and introduce the bill because of the situation surrounding Clarence Moses-El, who was convicted of a 1987 rape on the basis of a the victim's testimony that she had seen his face in a dream. The Denver Police Department discarded the DNA evidence gathered during the investigation of the crime in 1995 despite a court order requiring its preservation. Moses-El has always maintained his innocence.

Sen. Shawn Mitchell, R-Broomfield, disagreed with GOP colleagues Wiens and Penry. "As awful as it may be for a victim or a victim’s family to contemplate a retrial, our first responsibility here ought to be for justice," Mitchell said.

The bill faces a final vote in the Senate before moving on to the House.