68th General Assembly opens today

Colorado's state legislature will convene for its sixty-eighth biannual session today.

The gathering of 65 representatives and 35 senators comes one day after the inauguration of a new governor, new state treasurer, and new secretary of state.

Republicans took control of the House of Representatives by one seat in the November election. Democrats, as they have since Jan. 2005, continue to hold the majority in the Senate.

Both the House and the Senate will convene today at 10 am. After certifying the election results and confirming the eligibility of all members, chief justice Michael Bender will swear in all the legislators.

Outgoing House speaker Terrence Carroll, D-Denver, will preside over that part of the opening day. He will relinquish the gavel when his successor is formally elected by House members.

Bills may be introduced, but committee hearings on proposed legislation will not commence until tomorrow.

Traditionally, the first day of the legislative session focuses on ceremonial and organizational resolutions.

Democrat Brandon Shaffer, a former Navy officer and a lawyer, is president of the Senate. Shaffer, 39, represents Erie, Lafayette, Longmont, and Louisville in the chamber. He is halfway through his second and final term in the Senate, having been first elected in 2004.

The majority leader is John Morse of Colorado Springs. A Democrat in a district that leans toward the GOP, the former Fountain police chief was re-elected to his second term in a close race last autumn.

Morse also worked as an emergency medical technician and as a certified public accountant earlier in his career. He has lived in the Colorado Springs area for more than 30 years and holds both M.B.A. and Ph.D degrees.

The Republican leader in the Senate is Dana "Mike" Kopp of Littleton. Kopp, 32, is an Army veteran. A Ranger, he is a veteran of Operation Desert Storm, the first American-led war against Iraq's former Baathist regime.

Kopp is starting his second and last term in the Senate.

Frank McNulty of Highlands Ranch, a former aide to retired U.S. Sen. Wayne Allard and a lawyer who used to work for the state Department of Natural Resources, will become the new House speaker.

The Republican, 37, will lead a GOP majority of one seat. Today marks the start of his third of four possible two-year terms as a representative.

The House majority leader is Amy Stephens of Monument. Republican Stephens, 53, is a former employee of Focus on the Family and a former member of the governor's Commission on the Welfare of Children. She won her seat in 2006 and is starting her third term today.

Minority leader Sal Pace represents Pueblo. Pace, 34, got his start in politics working for former U.S. Rep. John Salazar, D-Manassa. He was first elected in 2008.

Pace has a masters degree in American political theory and teaches government as an adjunct faculty member at Colorado State University-Pueblo.

Both chambers rely on a number of committees to consider legislation before it comes to a vote on the floor. The state constitution requires that all bills be given a committee hearing.

The General Assembly meets for 120 days each year.

Senate President Shaffer Echoes Request to Focus on Jobs

Senate president Brandon Shaffer, D-Longmont, said in his opening day comments that the Senate would focus on job creation this year.

Shaffer, who took over as leader of the chamber last year when former Sen. Peter Groff, D-Denver, left for a job in the Obama administration, told colleagues that he would also expect a focus on solving the state's budget problems.

Those priorities echo similar remarks by House speaker Terrance Carroll, D-Denver.

The text of Shaffer's remarks follows:

"We start this decade with a promise borne of hope – hope this legislature will lead Colorado to a better future.

"We face no easy task. We expect no easy solutions. Our problems will not be solved by slogans, but with hard work and sacrifice.

"Each member of this body represents a unique region of our state. But more important than where we are from, is who we represent: The people of Colorado.

"We are here for school teachers and farmers, police officers and office workers, construction workers and miners. We are here for the mother who struggles to get her kids to school while getting dressed for work; for the father who barely gets by paying both the home mortgage and college tuition; for the senior citizen living on the state retirement pension wondering if it will still be there in five or ten years. We are here for every employer, worker and veteran, every parent, senior and child who call Colorado home.

"For their sake, we must put aside partisanship and embrace cooperation. This is not a time to enlarge the divide between Republican and Democrat. It is a time to provide for the prosperity of our people.

"Let our questions be honest, our debate be civil, and our proposals be genuine.

"Every day Colorado families and small businesses grapple with the effects of a global recession. Families sacrifice necessities and small business owners make painful cutbacks. Hard working employees see their benefits cut and many have lost their jobs.

"The gravity of our circumstance demands unity of purpose. This session is not about platitudes; it is about getting the job done.

"Starting today, we have two goals: create good jobs and balance our budget.

"Just as Franklin Roosevelt said in his first inaugural address, “Our greatest primary task is to put people to work.” Our legislation will focus on developing a 21st century workforce and creating jobs. Just a few of the ideas we will bring forward include:

* Job Retraining Accounts for employees to open accounts with tax benefits for education and retraining;
* Health care jobs to consolidate loan programs for health care professionals who serve rural communities;
* Renewable Energy Standard to increase investment in our New Energy Economy, and attract new jobs and investment capital to our state;
* And, Senator Penry and I will sponsor legislation to put PERA, the state’s retirement fund, on a stable financial path.

"As these bills and others move through the General Assembly, we will simultaneously work to balance our budget.

"Our budget will be lean and responsible. Declining state revenues require substantial cuts in the services the state provides; however, we will craft a budget that keeps our communities safe, our classrooms open, and our hospitals accessible.

"Undoubtedly, there will be differences of opinion about how to balance the budget. That is a hallmark of a strong democracy. Let us allow our differences to strengthen the policy that ultimately comes out of this body. Instead of becoming entrenched in partisan politics, let us listen and compromise and work together to produce a budget that serves the needs of Colorado.

"While our agenda will focus on creating jobs and balancing our budget, we will continue to make progress in areas such as education reform, health care affordability, and government efficiency.

"A better life for our children depends on their ability to compete in a global marketplace. A good job requires a good education. We will improve our measurement tools for student success and teacher performance. This will strengthen our schools and our competitiveness in Race-to-the-Top; a competition among states based on innovation and achievement in education; a race we intend to win.

"Coloradans need good health care. Last year we added health care coverage for 100,000 people. This year we will expand access to primary care for rural Coloradans. We will end gender discrimination in health care coverage and we will require greater transparency in prescription drug pricing.

"Finally, in recent years we have achieved greater accountability in government. Indeed, today is the first time in history the Senate is televised for all Coloradans to see. We will continue this trend as we work to build trust and confidence in the peoples’ government.

"Our task is to lead Colorado to a better tomorrow. Our agenda is to create jobs and balance our budget. We were sent here in difficult times to solve difficult problems. And solve them we will.

"We are Coloradans and we will stand firm. We refuse to allow our current troubles to steal our children’s future.

"We are Coloradans and we will endure. We will confront these challenges with the determination of our founders.

"We are Coloradans and we will lead the way. We will ask the tough questions, work the long hours and make the difficult decisions to serve the people of this great state.

"May we undertake these tasks drawing on the deep reserve of good will within us, the respect of our colleagues, and a sense of common purpose to serve well those who sent us here.

"God bless you all, and God bless the great state of Colorado."

2010 Legislative Session Opens

Members of the 67th General Assembly gathered at the Capitol today to launch the 2010 session of the legislature.

House speaker Terrance Carroll, Senate president Brandon Shaffer, and the Republican minority leaders of both chambers focused on the state's budget problems in their traditional opening day speeches.

Gov. Bill Ritter will deliver his final "State of the State" address tomorrow. He is expected to lay out several priorities for the session and provide some information about the budget cuts needed to close Colorado's budget shortfall.

Ritter to Sign Bills Saturday

Gov. Bill Ritter will sign six bills into law Saturday.

According to a press release issued by spokesperson Evan Dreyer, Ritter will okay SB 126, HB 1059, HB 1237, HB 1213, SB 104 and SB 144 at signing ceremonies in Denver, Arvada and Broomfield.

SB 126 renews the provision of state law allowing taxpayers to donate part of their refund to the multiple sclerosis fund. The bill was sponsored by Sen. Linda Newell, D-Littleton, and Rep. Dennis Apuan, D-Colorado Springs.

HB 1059 mandates continuing coverage http://www.blogger.com/post-create.g?blogID=6077175309734867272by health insurers when policyholders participate in clinical tests. The bill was sponsored by Rep. Dianne Primavera, D-Broomfield, and Sen. Morgan Carroll, D-Aurora.

HB 1237 is a measure relating to state payments for the education of disabled youth. It was sponsored by Rep. Dianne Primavera, D-Broomfield, and Sen. Brandon Shaffer, D-Longmont.

HB 1213, sponsored by Rep. Sara Gagliardi, D-Arvada, and Sen. Gail Schwartz, D-Snowmass Village, creates a state housing development grant fund in order to facilitate construction of additional affordable housing.

SB 104 requires Colorado child welfare regulators to provided foster children being emancipated with relevant and certified identity documents, including birth certificates and social security cards, at state expense. The measure was sponsored by Sen. Paula Sandoval, D-Denver, and Rep. Sara Gagliardi, D-Arvada.

SB 144 makes changes to the function, composition and procedures of the state Commission on the Deaf and Hard of Hearing. It was sponsored by Sen. Ken Kester, R-Las Animas, and Rep. Sara Gagliardi, D-Arvada.

Shaffer To Be Next Senate President

Senate Democrats elected Brandon Shaffer, D-Longmont, as the next Senate president this morning.

Shaffer, 38, is in his second and final term as a state senator. He was first elected in 2004.

He will replace Sen. Peter Groff, D-Denver, as president of the Senate effective May 7, 2009.

Groff has announced his resignation from the Senate in order to accept a position in the office of the U.S. Secretary of Education.

The chamber's majority caucus also chose Sen. John P. Morse, D-Colorado Springs, as the new majority leader.

Morse will replace Shaffer in that role effective May 7, 2009.

The remaining members of the Senate majority's leadership team will remain the same.

Legislature Drops Idea of Tapping Pinnacol Funds to Close Shortfall

The "raid" on assets belonging to Pinnacol Assurance, the quasi-governmental entity that provides workers compensation insurance coverage to private businesses in Colorado, is no longer an available option to close the state's budget shortfall.

Legislative leaders announced the idea would be tabled after Gov. Bill Ritter announced his opposition to it.

"Members of my staff and I have tried in good faith to reach an agreement with Pinnacol," Ritter said. "However, there remain too many unresolved issues and questions for Colorado citizens and Pinnacol shareholders and customers. Therefore, with a budget deadline looming, I have halted negotiations with Pinnacol. Together with my budget office, the JBC and legislative leadership, we are now focusing on a number of other steps to erase the shortfall caused by the economic downturn, without devastating cuts to higher education."

Pinnacol's executives placed a full-page ad in Sunday's Denver Post urging the public to protest the planned seizure of the government-created entity's surpluses.

Pinnacol has about $2 billion in assets. A measure sponsored by Sen. Brandon Shaffer, which cleared the Senate Monday, would have re-directed $500 million from Pinnacol to the state general fund.

Meanwhile legislative leaders also announced that they would not cut $300 million from Colorado's higher education system to close the remaining shortfall in the fiscal year 2010 budget.

Gov. Bill Ritter had said he opposed those cuts, arguing that they would violate the terms of the recently-enacted federal Economic Recovery and Reinvestment Act and cost the state about $750 million in stimulus dollars.

Owens Publishes Editorial Column Critical of Pinnacol Move

Former Gov. Bill Owens is publicly urging the General Assembly to refrain from transferring assets from the state-chartered workers compensation insurer to help close Colorado's budget shortfall.

In an editorial published in this morning's Denver Post, Owens said that the proposal is "stunning in its audacity and brazen in its goal."

Sen. Brandon Shaffer, D-Longmont, has introduced legislation that would amend a 2002 law that protected Pinnacol Assurance's assets from state seizure.

Owens argued that Shaffer's bill would force Pinnacol to raise premiums and lower benefit payments. He also said it backtracks from a bargain made to secure passage of the 2002 legislation, in which Pinnacol agreed the state would not be responsible for its liabilities and the state agreed that Pinnacol's assets would not be subject to transfer to the general fund.

"The legislature shouldn't do it," Owens wrote. "If it does, the governor should veto it."

Senate Says "Yes" To Bill Requiring New School Buses to Have Seat Belts

Students on the state's school buses may soon have to buckle their seat belts.

A bill passed by a Senate committee today mandates that new additions to Colorado's fleet of school buses would have to be equipped with seat belts.

SB 29, sponsored by Senate majority leader Brandon Shaffer of Longmont, cleared the Senate Transportation Committee with two GOP members joining the Democrats in support.

Shaffer secured committee approval of his bill after easing a provision that would have required buses purchased within the last five years to be retro-fitted with seat belts.

As amended, the bill applies to all buses purchased after June 30, 2010. On June 30, 2014 a requirement that all buses purchased after June 30, 2004 have seat belts installed in them would take effect.

The committee action came despite opposition to the bill from the Colorado Association of Secondary Schools and the Colorado Association of Elementary School Principals.

Kevin Schott, the principal of Basalt High School, told the committee that the bill would raise school district expenses and that the results could be a reduction in the number of available school bus routes and the capacity of each bus.

The committee also heard testimony from the mother of the last child to die in a school bus accident in Colorado.

Rose Swemby said that her son, Kevin, would likely have survived a 1989 crash in which several dozen other students were injured if the school bus in which he had been riding had been equipped with seat belts.

The measure would require school bus drivers to attend training in the use of safety belts and to instruct students riding on buses how to use the seat belts.

The GOP's Nancy Spence, a veteran Centennial legislator who is often a leading Republican voice on education issues, voted "no" on the bill.

SB 29 now heads to the Senate floor.

Kevin Swemby was 11 years old when he died in that accident.

Sen. Shaffer's "Troops to Teachers" Bill Gets Committee OK

The Senate Education Committee Wednesday approved a bill that would provide college scholarships to military veterans studying to become math and science teachers.

SB 62, sponsored by Sen. Brandon Shaffer, D-Longmont, was unanimously approved by the committee.

“By providing financial incentives and professional development for our troops to become teachers, this bill will strengthen our economy as well as our education system," Shaffer, the Senate majority leader, said. "And most importantly, we can do it without any fiscal impact to the state’s budget.”

The bill makes the Teach Colorado grant, established by SB 133 last year, available to those who have served in the military and now wish to go into the teaching profession.

The Senate is expected to consider the bill on preliminary reading Jan. 23.

Senate Says "Yes" to Teach Colorado Program

The Senate passed Thursday a bill that would create a scholarship program for college students who agree to teach in the state's public and charter schools.

SB 133 is aimed at encouraging more students to teach math, science, special education and English. However, the "Teach for Colorado" scholarship program it authorizes is not limited to those fields.

It would make the financial assistance available both to students enrolled in a first bachelors degree program and students who already have bachelors or advanced degrees but who are enrolled in teacher preparation programs at the state's universities.

Students who agree to teach in rural or "high poverty" school districts would get higher priority consideration for the scholarship money.

The bill appropriates $1 million to the Department of Higher Education to launch the "Teach Colorado" program and authorizes the department to accept gifts and grants from the private sector to help fund the program.

SB 133 is sponsored by Sen. Brandon Shaffer, D-Longmont, and Rep. Andy Kerr, D-Lakewood.

The measure must gain approval on third reading in the Senate before being taken up by the House.

Joint Constitution Committee to Hear From DU Panel Thursday

The new Joint Select Committee on Constitutional Reform will hear a presentation from the authors of a University of Denver report calling for changes to the state's initiative process Thursday morning.

The DU report, issued Jan. 3, recommends that the General Assembly enact tougher standards for getting a proposed change to the state constitution on the ballot and protect statutory initiatives from legislative change for ten years.

The report also calls for creation of a "Constitutional Revision Commission" to study ways in which the state's legal charter could be simplified.

Members of the Joint Select Committee on Constitutional Reform are chair Sen. Abel Tapia, D-Pueblo, vice-chair Rep. Al White, R-Hayden, Sen. Brandon Shaffer, D-Longmont, Sen. Shawn Mitchell, R-Broomfield, Rep. Ellen Roberts, R-Durango, and Rep. Andy Kerr, D-Lakewood.

The panel held its first meeting Tuesday.

Net Metering Bill on Way to Senate

The House gave final approval Wednesday to a bill that would require rural electric cooperatives and municipal utilities to grant credit on electric bills to customers that generate renewable energy.

HB 1160 passed with only one "no" vote, which came from Rep. Douglas Bruce, R-Colorado Springs.

The bill requires municipal utilities that serve at least 5,000 customers and all rural electric cooperatives to offset customers' electricity use by the amount of power that customer generates, subject to certain caps.

The bill also sets standards by which rural electric cooperatives and municipal utilities must decide whether to allow generators of "home-grown" energy to interconnect to the grid. It also requires residential and business generators to meet certain insurance requirements in order to interconnect.

HB 1160 is sponsored in the House by Rep. Judy Solano, D-Thornton, and in the Senate by Sens. Brandon Shaffer, D-Longmont, and Jim Isgar, D-Hesperus.

Grocery Store Liquor Sales Bill Introduced in Senate

A bill that would permit grocery stores to sell full-strength beer and wine was introduced in the Senate Thursday.

According to a report in the Rocky Mountain News, SB 149 includes the following features:

1. Grocers, convenience stores and discount retailers that sell groceries could sell full-strength beer and wine on six days of the week.

2. Liquor stores could sell non-perishable food items such as chips, dips and pretzels.

3. The current law allowing liquor store owners to own only one liquor store in the state would be liberalized, allowing them to own a maximum of three stores.

The text of the bill was not available on the General Assembly's website as of the time of this post.

Rep. Levy, Sen. Shaffer Introduce Juvenile Justice Reform Bill

A bill that would impose tighter limits on the kinds of criminal cases that can result in juveniles being tried in an adult court was introduced in the House Friday.

HB 1208, which is sponsored by Rep. Claire Levy, D-Boulder, and Sen. Brandon Shaffer, D-Longmont, makes some notable changes in the state's laws relating to juvenile criminal liability.

Under current law, a child that is age 14 or older can be directly charged with a crime in adult court. The bill would raise that threshold to age 16 and also provides that vehicular homicide and vehicular assault charges against children of any age could no longer be directly filed in adult criminal court.

The bill also creates a process under which a child that has been charged with a crime in adult court can ask the judge to send the case to juvenile court and gives judges in adult court greater latitude to send a convicted child to juvenile detention in certain cases.

The bill is co-sponsored by many House Democrats, including Majority Leader Alice Madden of Boulder and Judiciary Committee chair Terrence Carroll of Denver. In the Senate, cosponsors include Majority Leader Ken Gordon, D-Denver, President Pro-Tem Abel Tapia, D-Pueblo, and Appropriations Committee chair John P. Morse, D-Colorado Springs.

Colorado law has provided that children age 14 or older can be charged and tried as adults in certain circumstances since 1973. In 1987 the General Assembly enacted a law that allowed children as young as 12 to be tried as adults.

The state has also recently taken a hard line on giving juveniles convicted as adults and sentenced to life in prison the opportunity for parole. In 1991 parole for life sentenced convicts was eliminated. In 2006 the General Assembly passed, and then-Gov. Bill Owens signed, a bill that reinstated parole for juveniles sentenced to life imprisonment after 40 years of confinement. It did not apply retroactively.

Recent studies show that teenagers are not as capable as adults of controlling their impulses due to the fact that their brains have not fully matured. This one is among the most notable.

In autumn 2006 the Denver Post ran a series of articles about teenagers serving life sentences in Colorado. The Rocky Mountain News ran a similar series in 2005.

The United States is one of only two nations that have declined to sign the Convention on the Rights of the Child, which bans the death penalty or a prison sentence of life without possibility of parole to persons convicted of a crime committed before the age of 18. The other non-signer is Somalia. 193 nations are parties to the Convention and an additional 140 are signatories obliged to follow its restraints on the treatment of juvenile offenders.