Hudak’s Senate Notes – 1st half of April 2009

Month: 
April
Year: 
2009

APRIL SHOWERS  

During the first half of April, we were drenched by a downpour of bills.  There have been more bills during the 2009 session than ever before, evident from the new folders our filing clerks had to create to store all the extra bills.  Many of these bills contain the legal provisions needed to deal with the huge revenue shortfall of $1.4 billion for 2009 and 2010.  We worked on the new budget bills in a marathon session on 2nd Reading that ended at 10:30 p.m. on April 9. 

TOWN HALL MEETING:

As you know, my town hall meeting on Saturday, April 18, had to be canceled because the Standley Lake Library closed due to the weather.  It has been rescheduled for Thursday, May 7, 6:30 – 8:00 p.m. at the Standley Lake Library.  There will be a presentation on the state budget and a review of the 2009 legislative session. 

KEY ACTIONS (the most important things that have happened in the Legislature recently):

  • BUDGET CUTTING, SENATE VERSION – Only one day later than originally planned, the Senate passed the “Long Bill” (the budget bill for 2010) along with 20 budget-reduction bills for 2009 and 2010.  In order to prevent a cut of $300 million to higher education, which would have been devastating, we passed a bill to allow the use of surplus funds held by Pinnacol Assurance to cover the shortfall (Pinnacol is the quasi-governmental company that handles the state’s workers compensation fund).  This was a very controversial move, and many people questioned whether it was legal; at the time, however, the Joint Budget Committee felt that we had no alternative.  We had already made millions of dollars of cuts to preschool through 12th grade education, suspended the Senior Homestead Property Tax Exemption, frozen salaries of all state employees and eliminated their performance pay incentives, cut or frozen the budgets of state agencies and departments, transferred money from various cash funds, closed the Colorado Women’s Correctional Facility, delayed the opening of a maximum security prison, and used half of our fiscal reserve funds.
  • BUDGET CUTTING, NEXT STEPS – Legislators in the House killed the Pinnacol bill (upon the Governor’s recommendation) and substituted some of their own controversial provisions to cover the $300 million for higher education, including furloughing state employees for nearly two weeks and cutting back on Medicaid.  The Senate and House will now have to decide on a compromise version of the budget.  All budget work must be done by midnight on May 6, at which time the Legislature is required to adjourn.  We will have to be called into a Special Session if it is determined that we need to make additional changes to the 2009 budget.  Meanwhile, we are planning to have an interim committee to explore ways to balance the budget in future years, since we have already used all the one-time cash transfers we believe are possible, and provisions of TABOR will prevent us from recovering from the recession for a long time. 
  • CONTROVERSIAL BILLS – Three controversial bills were voted on in the Senate during last week, passing by just one vote after failing by one vote during the informal voting process of 2nd Reading.  The first one was HB 1180, which allows a permit for a concealed firearm to substitute for a background check at a gunshow (this bill overturns Amendment 22, which was passed by 70% of the voters in 2000).  The second bill was SB 180, allowing employee organizations (i.e., unions) of firefighters to engage in collective bargaining with their public employers; the bill originally included police as well.  The third one was SB 130, which originally provided for private school vouchers for autistic children, but was changed to allow the Charter School Institute (CSI) to establish charter schools for autistic children in any school district in the state, even if the district has already been granted the authority to prohibit CSI schools.
  • SENTENCING REFORM – A couple of bills have been introduced recently to reduce future prison spending, the one place in the budget where a significant amount of money can be cut.  Next year’s budget allocates $686 million to Corrections, making it the 3rd highest spending from the General Fund after K-12 education and Medicaid.  Colorado is the 5th highest state in the percentage of people in corrections.  The new sentencing reform bills, which will be heard in the Senate Judiciary Committee at 1:30 p.m. on Wednesday, April 22, are as follows: SB 288, which caps the number of prison beds the state will fund, and SB 286, which reduces sentences for non-violent offenders (such as drug possession, traffic violations, and petty theft); changes the punishment for some minor probation violations to avoid sending people back to prison; cuts down some sentences for good behavior while in prison; and puts us in compliance with the U.S. Constitution by assuring that poor defendants have the right to an attorney. 

MY BILLS: 

I am the prime sponsor of four bills previously mentioned, as well as two new joint resolutions; this is their status:

  • SB 38 – Clarification of Judicial Fees – Signed into law by the Governor on April 16.
  • SB 90 – Parent Involvement in Education – Passed the Senate; awaiting a hearing in the House Education Committee.
  • SB 160 – Alternative Teacher Programs & Licensure – Passed the Senate and the House Education Committee; awaiting a hearing in the House Appropriations Committee. 
  • SB 163 – Education Accountability System – Passed the Senate (finally!); awaiting a hearing in the House Education Committee.
  • SJR 43 – National Teacher Day Public Education – Passed the Senate unanimously and the House with only one NO vote.
  • SJR 46 – Equal Pay Day – This resolution will be considered on April 28, which is Equal Pay Day for 2009.

 

 

I am the Senate sponsor on six House bills; this is their status:

  • HB 1072 (with Rep. Middleton) – Library Districts – Signed into law by the Governor on April 2.
  • HB 1116 (with Rep. Frangas) – Children’s Dental Program Moneys – Passed the House and the Senate Health and Human Services Committee; killed in the Senate Appropriations Committee.
  • HB 1125 (with Rep. Merrifield) – Limit Incentives for School Attendance – Passed the House and the Senate; awaiting House concurrence with Senate amendments.
  • HB 1227 (with Rep. Frangas) – Neighborhood Equity Skimming and Nuisances – Will be signed into law by the Governor this week.
  • HB 1264 (with Rep. Benefield) – Higher Education Costs for State Inmates – Signed into law by the Governor on April 16.
  • HB 1296 (with Rep. Green), Extension for Reading Assistance Grant Program – Will be signed into law by the Governor this week.

 

 

COMMENTARY ON BILL ACTION:

See the “Issues” page on my website for a description of all the bills I am sponsoring, as well as my commentary on other bills that are noteworthy, either because of their content or because of what happened with them as they have gone through the legislative process.  I update this occasionally as the session goes on.