Legislative Briefs

BILL PROTECTING STUDENT PRIVACY TO FULL SENATE

A bill that will strengthen existing laws that prevent schools from administering intrusive and personal surveys or evaluations without parental consent unanimously passed the Senate Education Committee this week.

Senate Bill 36, sponsored by Sen. Shawn Mitchell, R-Broomfield, strengthens the law that requires school officials to get the consent of a parent before having students participate in a survey that asks for personal or family information. Mitchell’s bill also added social security numbers and religious practices to the categories protected by law.

“This bill is meant to protect the privacy of students and their families,” said Mitchell. “It will prevent schools from asking students intrusive and personal questions without the knowledge or approval of parents.”

Current law requires schools to get parental consent before asking about a student’s political affiliation, sexual behaviors, family income or any other personal questions that could cause embarrassment to the student or their family.

SB 36 now heads to the entire Senate for a vote.

KAGAN’S SKILLS FOR JOBS ACT PASSES HOUSE

A key component of House Democrats’ 2012 jobs agenda squeaked through the House this week when Rep. Daniel Kagan’s Skills for Jobs Act passed on a 33-30 vote.

The bill bridges an information gap by directing the Department of Higher Education and the Department of Labor to develop workforce projections, using data already being collected. Colleges and vocational schools can use the reports to adjust their course offerings, students can use them to make better career choices and course-selection decisions, and businesses can use them to make smarter personnel decisions.

“I’m confident that the bill will pass the Senate and soon we’ll have an education system more in tune with the marketplace and a workforce better trained for the jobs that are in demand,” said Kagan, D-Englewood.

Kagan’s bill won unanimous support in the House Education Committee. When it came to final passage Friday, all 30 of the “no” votes came from House Republicans.

PLAIN LANGUAGE BALLOTS PASS THE HOUSE

The House of Representatives passed state Rep. Libby Szabo’s Plain Language Bill on third reading this week. The measure will make ballots more clear for Colorado voters and received bipartisan support.

House Bill 1024 requires the ballot for statewide initiated and referred measures to avoid technical jargon, and use accurate, clear and coherent language.

“I’m proud of my colleagues in the House for advancing this common sense measure today,” said Szabo, R-Arvada. “This bill allows for greater citizen understanding and encourages more participation. Without those two key ingredients, a democracy cannot properly function.”

Last year, the Pew Center on the States released a study showing citizens in Colorado needed a doctorate level of reading comprehension to understand the language on our state ballots. Szabo’s bill aims to remove this implicit barrier to an informed voting decision.

This year marks Szabo’s second introduction of the bill. It was killed last year by Senate Democrats. However, Szabo said she has hopes it will pass the Senate this year, after seeing a link on the Senate Democrats’ Facebook page that took viewers to an article lamenting the findings of the Pew Center’s study.

BILL ENSURING TAXPAYER DOLLARS AREN’T SPENT ON DRUG ABUSE PASSES COMMITTEE

The House Health and Environment Committee gave initial approval to a bill this week that would require people applying for assistance through the Colorado Works program to take and pass a drug test before receiving assistance. The measure also encourages those who fail a drug test to seek substance abuse treatment and protects assistance for children whose parents or guardians fail a drug test.

“We must have a safety-net to help those Coloradans most in need, but we will not fund the use of illegal drugs,” said the bill’s sponsor, state Rep. Jerry Sonnenberg, R-Sterling. House Bill 1046 makes an applicant who fails a drug test ineligible to receive assistance for one year; if they fail again, they are ineligible for assistance for three years. Those who fail the test the first time, but seek substance abuse treatment, are eligible to retake the test after six months. If they pass the second drug test, they will then be eligible for assistance. Children of parents who fail their drug test are still eligible for their share of assistance through another family member or person who is also required to take and pass a drug test.

The measure now moves to House Appropriations Committee.

SENATE COMMITTEE PASSES BIPARTISAN BILL TO HELP STRUGGLING FAMILIES

The Senate Health and Human Services Committee passed the Child Care Transition for Working Families Act sponsored by Sen. Suzanne Williams, D-Aurora and Rep. Tom Massey, R-Poncha Springs. This bipartisan legislation creates a pilot program that will allow county governments to extend the eligibility period for the Colorado Child Care Assistance Program within their county from 6 months to 2 years.

This pilot program will gather data to see if an extended period of assistance can mitigate the “cliff effect,” which can occur when families earn a small pay increase that makes them ineligible for the Colorado Child Care Assistance Program, but is still not sufficient to cover the cost of child care. The “cliff effect” creates disincentive for families to achieve self sufficiency. The pilot program created by Senate Bill 22 allows children to remain in important early child care, gives parents the ability to work and advance their careers, and provides employers with stable workers.

“This legislation will help us find solutions so we can continue providing the child care these families need while helping them transition from the program to becoming productive members of the workforce,” commented Williams.

Under current law when a family exceeds the income eligibility requirement they have only 6 months to transition off the program. The pilot program created by SB 22 would extend this period to 2 years, and require the counties to develop plans to transition the family away from the program by incrementally increasing the parental share of child care cost. The family will also report any income changes over the 2 year period to the county, and the county would conduct a redetermination of income eligibility after 12 months.

PERA BILLS KILLED IN SENATE COMMITTEE

Two bills aimed to stabilize PERA were killed in the Senate Finance Committee this week.

Senate Bill 119 introduced by Sen. Tim Neville, R-Littleton, would have required the PERA Board to take steps to make pension funds solvent if they failed to meet actuarial soundness tests. The Board would be allowed to make changes to benefit payments but would be prohibited from increasing employer or members’ contributions to fix the shortfall.

Neville stated his disappointment on seeing the bill fail. “This would have helped keep PERA solvent for both current and future employees. Our pension system is on a trajectory of failure, and we need to act now to solve the problem before it’s too late. Kicking the proverbial can down the road is not good stewardship.”

Senate Bill 82 introduced by Sen. Ted Harvey, R-Highlands Ranch, which would have made PERA’s retirement age match the retirement age for Social Security, also died in committee.

“It’s a shame the Democrats on the Finance committee failed to see the importance of this bill,” complained Harvey. “It would have brought the benefits state employees enjoy in line with the retirement benefits other Americans receive.”

Currently PERA employees are allowed to retire and begin receiving pension benefits as early as age 50. SB 82 would have set the age for retirement at 67, the same requirement as social security. The bill would have saved PERA $388.3 million over the course of thirty years and would only apply to public employees hired on or after January 1, 2013.

VAAD’S MEASURE TO RESTORE COUNTY AUTHORITY APPROVED

The House Health and Environment Committee passed a bill that allows counties to exempt themselves from vehicle emissions testing if they are not in violation of clean air standards.

Under the Automobile Inspection and Readjustment — or AIR — Program, vehicles registered within an inspection area must be regularly tested for high pollution emissions. In Colorado, the AIR Program covers several counties across the Front Range.

Larimer and Weld Counties were recently added to this program to help compensate for Denver’s violations of national air standards.

House Bill 1103, sponsored by state Rep. Glenn Vaad, R-Mead, allows a board of county commissioners to exclude any or all parts of the county from inspection if it is not in violation of any clean air standards.

“This bill restores the local authority of county governments and relieves residents from unnecessary regulation and costs,” Vaad said.

The bill now moves the House Appropriations Committee.

SENATE COMMITTEE PASSES BILL TO HELP STUDENTS

The Senate Education Committee this week passed the bipartisan Opportunities for Higher Ed Success Act, sponsored by Sens. Evie Hudak, D-Westminster and Keith King, R-Colorado Springs, to help Coloradans further their education and make the most of their college credits. Many students begin college at a community college and then transfer to a four-year institution. Senate Bill 45 allows transfer students who complete a sufficient number of credits to transfer their credits back to their community college and receive an associate degree while continuing to pursue their baccalaureate degree.

The Opportunities for Higher Ed Success Act creates the Associate Degree Completion Program in the Colorado Department of Higher Education to remove barriers to degree completion. SB 45 will require four-year institutions to notify two-year institutions when a transfer student completes 70 credit hours. The two-year college will then audit the credits to see if an associate degree has been completed, and if so, to then award the degree. If the student has not completed the necessary credits, the student will be notified of the additional needed credits to help them finish their associate degree.

PANEL KILLS PAY-AS-YOU-GO BILL

A bill sponsored by Rep. Dickey Lee Hullinghorst, D-Gunbarrel, to require the legislature to identify a specific source of funding for every new expenditure was defeated in the House Finance Committee on a 7-6 party-line vote.

House Bill 1039, dubbed Pay as You Go, would have barred the House and Senate Appropriations Committees from approving any spending measure unless the bill states where the money for that expenditure will come from.

“We see a service that needs to be done or we see a wrong that needs to be righted, and if you can do it with a tax credit or a tax deduction, you can do it pretty easily,” Hullinghorst told the committee. “Many of the tax credits we have passed go on forever. They don’t have a sunset clause.”

VICTIMS’ RIGHTS ACT APPROVED BY HOUSE

A measure to strengthen Colorado’s Victims’ Rights Act passed the House of Representatives this week with unanimous support.

House Bill 1053, sponsored by state Rep. Bob Gardner, R-Colorado Springs, adds human trafficking, first-degree burglary, retaliation against a judge and juror to the list of 44 crimes that are currently covered by the victims’ rights statute. It also requires that steps are taken to protect the identity of victims, and stipulates procedures for notifying victims of sentence modifications and other pertinent information.

“One of our most sacred responsibilities as legislators is to protect victims and those who are responsible for giving verdicts and passing sentences,” said Gardner, who chairs the House Judiciary Committee. “Updating Colorado’s Victims’ Rights Act is a vital step to help us protect those who need it most.”

The bill now goes to the state Senate for further consideration, where it is sponsored by Sen. Angela Giron, D-Pueblo.

LOCAL ECONOMIC IMPROVEMENT ACT WILL HELP SMALL BUSINESS

The Senate Local Government Committee approved Senate Bill 101, the Local Economic Improvement Act, sponsored by Senator Jeanne Nicholson, D-Gilpin County. This bipartisan legislation will support businesses in Local Improvement Districts by allowing districts to increase revenue, expand their boundaries, and make decisions imperative to their growth and prosperity.

Local Improvement Districts are created by county governments to allow businesses in unincorporated areas to share the cost of necessary infrastructure like electricity, sidewalks, or sewer lines. By combining resources, small business owners can afford the necessary foundation for successful business districts. Current law prevents these districts from engaging in certain activities such as using sales tax revenue to promote and market public events, including or excluding new properties, or adding noncontiguous properties. SB 101 will remove these barriers to growth and job creation.

There are currently 57 Local Improvement Districts in Colorado funded mostly by property assessments or sales tax revenue.

HOUSE SENDS BILL TO INCREASE TRANSPARENCY IN RULEMAKING PROCESS TO SENATE

The House of Representatives passed a bill this week that will increase transparency in the state’s regulatory process.

State Rep. Cindy Acree, R-Aurora, is sponsoring House Bill 1008 to require departments to identify and work with interested parties when crafting new rule changes. The measure would also have state agencies publish their regulatory agendas for the year and to report to legislative oversight committees.

“This is a responsible measure that holds government accountable by affording business owners and working individuals more transparency in the rulemaking process,” said Acree. “By involving stakeholders in the regulatory agenda of state agencies, we ensure against poor policy decisions that could cost our state jobs and derail our economic recovery.

Acree’s bill passed with bipartisan support and now moves to the Senate for approval. “Transparency and participation are cornerstones to our democracy,” added Acree. “This bill ensures they remain an intrinsic part of our government process.”

HOUSE UNANIMOUSLY SENDS LISTON’S BILL TO HELP NEW ENTREPRENEURS TO SENATE

The House of Representatives sent a bill to the Senate this week that will spur entrepreneurship and relieve regulatory burdens on new employers.

House Bill 1127, sponsored by state Rep. Larry Liston, R-Colorado Springs, eliminates an expected rate increase for new employers paying unemployment insurance premiums. Under legislation enacted in 2011, this rate would increase by more than double once the unemployment insurance fund becomes solvent.

Liston’s bill eliminates this triggered increase.

“This bill works to the benefit of entrepreneurs and new business start-ups,” said Liston. “By eliminating this rate increase, our state’s newest job creators will have more freedom and resources to invest in growing their businesses.”

Liston’s measure passed with unanimous support.

BILL FOR A “SALES TAX HOLIDAY” PASSES FIRST HURDLE IN HOUSE

Reps. Joe Miklosi and Dan Pabon’s bill to implement a sales tax holiday for the purchase of back-to-school items passed the Finance Committee this week on an 8 to 5 bipartisan vote. House Bill 1069 would create a “sales tax holiday” on the first weekend in August each year starting in 2012 and ending in 2016 for the purpose of purchasing back-to-school items including school supplies, clothing and computers. Miklosi, D-Denver, said he was pleased with the support from the committee.

“The intent of this bill is to help both working families and businesses in this tough economic time,” Miklosi said. “This sales tax holiday will promote local shopping and help the brick and mortar stores compete with online stores as well.”

“I am happy the Finance Committee recognized the good in this bill,” Pabon, D-Denver, said. “Based on testimony of Coloradans and debate of the committee members, areas to improve the bill were recognized and made.”

CRIMES AGAINST AN UNBORN CHILD ACT FAILS IN COMMITTEE

A bill that creates a new penalty against those who commit a crime against an unborn child failed in the Senate Judiciary Committee this week.

Senate Bill 125 sponsored by Sen. Ted Harvey, R-Highlands Ranch, would have given prosecutors the much-needed ability to charge defendants who cause harm or the unlawful death of an unborn child. Currently if an expectant mother is the victim of crime that results in the loss of her child, there are no options for charging a defendant with murder.

“This bill would have provided justice for the families of unborn children who are killed during a criminal act,” said Harvey. “District attorneys should have the tools to prosecute these tragic crimes.”

Thirty-five states have enacted similar laws; the federal government also passed a law protecting children in the womb. The federal law is also known as “Laci’s Law” named after Laci Peterson.

One of the most recent cases in Colorado involving the death of an unborn child was in 2010. Laura Gorham, who was 34 weeks pregnant, was hit by a car that ran a stop sign in a Denver neighborhood. Laura survived the accident, her baby boy did not.

SPENCE BILL CREATES OPPORTUNITIES FOR AT RISK YOUTH

A bill allowing more at risk youths to receive specialized services and academic support at Ridge View Youth Services Center passed the Senate Health and Human Services Committee this week.

Senate Bill 99, sponsored by Sen. Nancy Spence, R-Centennial, gives additional juveniles who are in need of out of home placement the opportunity to be placed at Ridge View Youth Services Center. Currently in order for a juvenile to be placed at the Ridge View they must have been sent there by the courts. SB 99 will give county social services the ability to place appropriate at risk youth at the academic center.

“This bill is a great example of a public/private partnership,” said Spence. “Ridge View provides a terrific program that gives struggling youth an opportunity to address their issues and become successful.”

Ridge View Academy is a charter school that was built by the state. They contract with Rite of Passage which provides the program for juveniles in a very structured environment. The students attend a regular high school program at the Charter Academy. They participate in sports, extracurricular activities and provide community services to the surrounding neighborhoods. When the students leave Ridge View many of them attend college, return to their local high school, or go into the workforce.

SB 99 now heads to the entire Senate for a vote.

LIGHTS, CAMERA, ACTION! HOUSE PASSES CINEMA DAY RESOLUTION

A bipartisan group of House and Senate leaders gathered on the west steps of the Capitol this week for a rally to support film production in Colorado. House Minority Leader Mark Ferrandino, D-Denver and Assistant Minority Leader Nancy Todd, D-Aurora, were joined by cinema enthusiasts and film industry members to support film incentives in Colorado to create jobs and bring more major motion picture production to our state.

“Colorado has a long history of producing excellent films,” said Ferrandino. “Movies like True Grit, Butch Cassidy and the Sundance Kid, and a documentary about the House State Affairs committee, The Shining, were all filmed in Colorado.

“All kidding aside, Colorado’s beautiful mountain vistas, uniquely varied terrain, clear skies, and talented film industry professionals give us a clear edge over the other states in our region when attracting major motion pictures. Our number one priority in the state legislature is to create and retain jobs, and film-making in Colorado offers a great opportunity to help boost our economy.”

The House unanimously passed House Joint Resolution 12-1010 in recognition of the film, television, and video gaming industry in Colorado sponsored by Todd.

“The enthusiasm shown today by supporters of this measure is exciting and infectious,” Todd said of the clapping, cheering film industry crowd that filled the House gallery.

NEW FILM JOBS BILL FOCUSES ON GIVING THE MOVIE INDUSTRY A BOOST IN COLORADO

The bipartisan Film Production Activities in Colorado Act, sponsored by Sen. Linda Newell, D-Littleton and Rep. Tom Massey, R-Poncha Springs, was introduced in the House to create new jobs in the Colorado film industry.

The Film Production Activities in Colorado Act is the first of its kind in the country in that it creates a loan guarantee program for production activities. The bill will also make Colorado more attractive for movie production by increasing the existing film incentive from a 10 percent rebate for production costs to 20 percent, thereby allowing Colorado to meet or exceed similar programs in other states. This rebate will apply to production costs for films, television series, commercials, documentaries, music videos and video game creation.

The measure was sponsored in the House by Massey and Representative Mark Ferrandino, D-Denver, and is sponsored in the Senate by Newell and Sen. Jean White, R-Hayden.

“In Colorado, the arts mean business and it means jobs. By increasing film production jobs in our state, we can also keep tourism jobs in our restaurants, lodging and ski resorts, etc. And right now we need to bring back as many jobs as we can,” said Newell. “That’s why we’re working so well together across the aisle on this. We all want more jobs for Colorado workers.”

More than 400 films have been filmed in the state, including feature films like Mr. & Mrs. Smith, Catch and Release, True Grit and City Slickers. However, incentive programs in other states have lured movie production to other regions in recent years.

The Film Production Activities in Colorado Act has wide support from film and creative industries all over the state, including the CINEMA (Colorado Innovators of New Entertainment, Media, and Arts) Colorado Coalition, a division of Governor John Hickenlooper’s Office of Economic Development and International Trade. The creative industry is the fifth largest employment sector in the state, and one of the fastest growing in the country.

Under the Film Jobs Act, an in-state production company’s local expenditures must be at least $100,000 and an out-of-state company must spend at least $1 million to qualify for the performance-based incentive program. In addition, 50 percent of the jobs must be filled by Colorado residents, an increase over the existing 25 percent requirement.

REGULATOR NAVIGATOR ACT CAN’T FIND ITS WAY OUT OF COMMITTEE

The Regulator Navigator Act, a bill aimed to help consumers and businesses navigate red tape and make government more efficient, died on a party line vote in State Affairs Committee this week. House Bill 1025, sponsored by Rep. Max Tyler, D-Golden, would have required state agencies to provide a go-to person to help the customer navigate the regulatory systems within the agency. Tyler said this would provide members of the public and businesses with easy access to information about any state agency regulations.

“This is a common sense bill that helps businesses navigate a regulatory system that frankly can sometimes be downright confusing,” Tyler said.

During committee hearing, Chair, Rep. Jim Kerr, R-Littleton, applauded Tyler’s work “to come up with a compromise” on the bill. Despite Rep. Tyler amending the legislation to collaborate with the Republicans and eliminate the fiscal note, the bill failed on a party line vote.

“There is no good reason to vote against this bill,” Tyler said. “With the amendment, there is no fiscal note, it cuts red tape for businesses and consumers, and makes government more efficient. This idea did not come out of thin air — It came out of the concerns expressed by Colorado business owners across the state.”

LEVY’S DISASTER INSURANCE REFORM BILL GOES UP IN SMOKE

A bill by Rep. Claire Levy, D-Boulder, to close loopholes in casualty insurance policies sold in the state was defeated in a 6-5 party-line vote in the House Local Government Committee.

House Bill 1057 was spurred by the Fourmile Canyon fire, a 2010 blaze that destroyed more than 150 homes in Levy’s district in the hills west of Boulder. Several victims of that fire told the committee that what their insurance agents assured them was adequate insurance fell far short of covering their losses.

Levy’s bill would have directed insurance companies to certify that the computer models they use to calculate replacement cost accurately reflect local construction costs. It also would have directed insurance companies to offer extra features on their policies and let their policyholders know that better coverage is available.

In answer to assertions that the bill would drive insurers out of the state, Levy emphasized that the bill doesn’t require insurance companies to pay more than they are contractually obliged to, or to guarantee that the homeowner has the right amount of coverage.

“Is there a reason for insurance companies to leave the state?” she asked. “No. They’ll be selling what they claim that they’re selling. And if they’re not going to sell that, they shouldn’t pretend that they are.”

BILL TAKES ON GOV’T CORRUPTION

The Senate State Affairs Committee approved Senate Bill 146 sponsored by Sen. Mary Hodge, D-Brighton, to fight corruption at all levels of Colorado government. Senate Bill 146 creates stricter ethical standards for public and local government officials. Hodge is sponsoring the anti-corruption bill in response to input she received from Adams County residents who expressed concerns about possible corruption at the state and local level.

SB 146 amends the statutory rules of conduct for public officers, local government officials and employees. The bill discourages them from obtaining employment or gifts of value for immediate family members, and also prohibits them from receiving gifts of value for personal benefit. The legislation says the following: “A local government official or local government employee shall not: accept goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means by which the person receives payment or other compensation from the local government…”

SB 146 now moves to the Senate floor for consideration.

BILL AWARDING ACADEMIC CREDIT FOR PRIOR WORK EXPERIENCE PASSES HOUSE EDUCATION

The House Education Committee gave initial approval for House Bill 1072, which will grant students at state colleges and universities credit for work and military experience.

The measure, sponsored by state Rep. Tom Massey, R-Poncha Springs, requires the Commission on Higher Education to develop criteria that allows students enrolled in institutions of higher learning to be given academic credit for prior real world experience. Examples of this include work experience, military service, community involvement, or other experiences gained prior to enrollment in an institution of higher education.

“Developing criteria to award academic credit for prior work experience will help those students seeking opportunities in higher education,” said Massey, who chairs the House Education Committee. “Students who have gained valuable experience in the work place, military or through direct involvement in their community should receive credit for what they have learned in the real world. This will help lower students’ costs and the amount of time it takes to receive a degree.”

HB 1072, cosponsored by Rep. Rhonda Fields, D-Aurora, will be heard next in House Appropriations.

BIPARTISAN TEACHER EFFECTIVENESS BILL PASSES SENATE EDUCATION COMMITTEE

The Senate Education Committee approved House Bill 1001 sponsored by Sens. Michael Johnston, D-Denver and Nancy Spence, R-Centennial. The bill establishes a fair and effective process for evaluating teachers and other school administrators statewide. This legislation is a product of Senate Bill 191, sponsored by Johnston in 2010, which required the State Board of Education to develop a standardized method of educator assessment by September 2011. HB 1001 will officially adopt this standardized method.

SB 191 requires that the new evaluation methods be transparent, rigorous, and valid. It also requires that 50 percent of both teacher and principal’s evaluations are based on student educational growth, and that teachers are provided the opportunity to improve their effectiveness through professional development trainings.

The educator evaluation process developed by SB 191 focuses on ensuring that Colorado schools retain and reward educators who achieve high levels of student growth, while providing training for teachers who are struggling.

HB 1001 now moves to the Senate floor for consideration.

BILL TO INCREASE TRANSPARENCY IN RULEMAKING ADVANCES IN HOUSE

The House of Representatives passed a bill this week that will increase transparency in the state’s regulatory process.

State Rep. Cindy Acree, R-Aurora, is sponsoring House Bill 1008 to require departments to identify and work with interested parties when crafting new rule changes. The measure would also have state agencies publish their regulatory agendas for the year and to report to legislative oversight committees.

Last year, licensed child-care providers were shocked when 98 pages of proposed rule changes were released by the Department of Health and Human Services. The rules, said some, had little do with the health and safety of children and would have prevented many care centers from staying open.

Acree’s bill works to stop such incidences from reoccurring. “We improve the quality and legitimacy of government when we expand citizen involvement and make the process more transparent,” added Acree. “Citizen participation is a cornerstone of democracy.”

BILL ON GUARDIANSHIP OF ADULT CHILDREN WITH DISABILITIES PASSES OUT OF COMMITTEE

Sen. Irene Aguilar’s bill concerning Guardianship of Adult Children with Disabilities passed out of the Senate Judiciary Committee Monday with a unanimous vote of 6-0. The bipartisan bill with House sponsor Rep. Bob Gardner now moves on to the Senate floor for a vote on its second reading.

Senate Bill 74 enables parents of disabled children 18 and over to serve as back-up caregivers for their child and to receive Medicaid support for doing so. Currently, parents who are guardians of their adult children with disabilities cannot serve as their home care provider or Certified Nurse Assistant under the Consumer Directed Attendant Support Services (CDASS) program.

“This is a unique problem and a simple fix,” Aguilar said. “Often parents of children with disabilities become the legal guardian once their child reaches the age of 18. Right now in probate law, if you are their legal guardian, you can’t be their paid caregiver. We wanted to fix the discrepancy so that parents can be caregivers.”

The bill resolves a possible conflict between the probate code and current Medicaid regulations by amending Title 15 of the probate code to allow a guardian to be a paid caregiver under the CDASS program. Last year probate code was changed to allow a person paid under family caregiver services to act as a guardian. SB 74 does the same for persons in the CDASS program. Roughly 1700 clients are currently covered by the CDASS program, and the bill extends the same rights to them as those covered by family caregiver services.

SAFE DRILLING BILLS DIE IN HOUSE COMMITTEE

A pair of bills sponsored by House Democrats to give Coloradans more protection from oil and gas drilling near their homes died in the House Local Government Committee.

Rep. Su Ryden’s bill, House Bill 1176, would have set a 1,000-foot minimum statewide setback for drilling operations near schools or residential areas. The current standard, 350 feet, has come under criticism with the recent surge in drilling activity along the Front Range, the most heavily populated part of the state.

Ryden, D-Aurora, said the Colorado Oil and Gas Conservation Commission had promised for years to introduce a higher standard that codifies best practices already observed by most of the oil and gas industry.

“With thousands of Coloradans’ health, safety and property values at stake, I believe we need to act now,” she said.

Rep. Roger Wilson’s House Bill 1173 would have directed drillers to store drilling fluids in tanks. Many drillers store drilling and hydraulic fracturing fluids in open pits, where the volatile compounds they contain can evaporate, leak or be washed out in a flood.

Wilson, D-Glenwood Springs, described open pits as “an accident waiting to happen,” with potentially catastrophic results for the environment and the energy industry. “I fear such an accident — spilling fluids out of a pit into the Colorado River or into other tributaries — would be a serious blow to the industry in the state of Colorado,” he said.

The House Local Government Committee voted 8-3 against Ryden’s bill and 7-3 against Wilson’s bill.

BILL TO NAME TIGER SALAMANDER THE STATE AMPHIBIAN PASSES AG COMMITTEE

Rep. Angela Williams’ bill naming the Tiger Salamander the Colorado State amphibian passed the Agriculture Committee this week.

House Bill 1147 was initiated by students across the state who are tiger salamander enthusiasts. Many children testified in defense of the bill, citing multiple reasons why the tiger salamander should be the state amphibian — including that it is found in all 64 counties of Colorado and has fossils dating to prehistoric times.

Williams, D-Denver, said she was happy to support the students and their efforts on behalf of the tiger salamander. “This is such a great way to teach students by showing them how a bill becomes a law,” Williams said. “Seeing their enthusiasm in the legislative process has been truly rewarding, and I hope the bill will continue on and the tiger salamander will soon be Colorado’s state amphibian.”

COLORADO AEROSPACE JOBS ACT PASSES COMMITTEE

The Senate Judiciary Committee passed Senate Bill 35, The Colorado Aerospace Jobs Act, sponsored by Sen. Mary Hodge, D-Brighton. This legislation will help further establish Colorado as a leader in the aerospace industry, allowing the state to compete with other states in the development of commercial space flight.

In December, Gov. Hickenlooper announced that Colorado was seeking an official “Spaceport” designation from the Federal Aviation Administration (FAA). The United States space program has three sectors — civil, military and commercial. The FAA’s Office of Commercial Space Transportation is responsible for licensing, regulating and promoting the commercial-sector space industry.

Hodge’s Colorado Aerospace Jobs Act will further the process of achieving spaceport designation by creating the required limited liability statute that will shield commercial space flight companies from lawsuits not based on negligence or intentional wrongdoing. Colorado is already home to 400 space related companies, and the industry is estimated to generate $3 billion in state revenue annually. This legislation allows for the continued growth of the aerospace industry in Colorado by creating a stable and transparent regulatory climate.

Currently, Colorado has the second largest private aerospace workforce in the country, and space related industries employ more than 163,000 workers. In addition, eight of the nation’s top ten aerospace industries are located in Colorado, and Colorado universities provide some of the best aerospace and engineering research in the nation. The combination of a trained workforce, inventive learning institutions, and proactive legislation make Colorado an ideal candidate to receive a spaceport designation.

MEDICAID VOUCHER TO HELP ELDERLY DEFEATED IN COMMITTEE

A bill that would have allowed Colorado’s elderly enrolled in Medicaid to join an alternative program with more choices, failed in the Senate Health and Human Services Committee.

Senate Bill 18 sponsored by Sen. Kevin Lundberg, R-Berthoud, would have given seniors, enrolled in Medicaid, more freedom in managing their healthcare.

Seniors would have been able to receive 70 percent of the traditional government benefits in exchange for the freedom to choose any doctor and health care provider.

“We can do better — we should do better for Colorado’s seniors,” said Lundberg. “The current Medicaid options for seniors are not enough. This voucher option would have benefited countless seniors across the state.”

BILL THAT WOULD HELP RURAL COLLEGES FAILS IN COMMITTEE

A bill that would divert some severance tax money to rural colleges was killed in the Senate Finance Committee on a party line vote.

Senate Bill 63 sponsored by Sen. Greg Brophy, R-Wray, would divert a portion of severance tax funds to rural colleges. The funds set aside for colleges could be diverted to areas significantly impacted by mineral development in cases of serious need, but are otherwise intended to benefit cash strapped colleges and keep costs down for students.

“We need a new formula for severance tax funds,” said Brophy. “We need to put an end to Denver politicians diverting severance tax money away from rural Colorado. This bill would have ensured a bright and stable future for our rural institutes of higher education.”

The colleges that would have been affected were Aims Community College, Colorado Mountain College, Colorado Northwestern Community College, Red Rocks Community College, Lamar Community College, Morgan Community College, Northeastern Junior College, Otero Junior College, Trinidad State Junior College, Colorado Mesa University, Adams State College, Fort Lewis College and the Colorado School of Mines.

PLAIN LANGUAGE BALLOTS ONE STEP CLOSER TO BECOMING STATUTE

State Rep. Libby Szabo, R-Arvada, saw her ‘Plain Language Bill’ through committee this week. The measure that will make Colorado’s ballots easier to understand received bipartisan support from the House State Veterans and Military Affairs Committee.

Szabo’s bill, House Bill 1024, requires the ballot for statewide initiated and referred measures to avoid technical jargon, and use accurate, clear and coherent language that most voters can understand.

Despite the bill dying in the Democrat-controlled Senate last year, in the summer of 2011, Senate Democrats posted on their Facebook page an article lamenting a study that showed citizens in Colorado needed a doctorate level of reading comprehension to understand the language of our state ballots.

Republican lawmakers hope the Democrats’ post can be taken as a sign that Szabo’s measure will pass the Senate this year.