2010 Legislative Session

The 2010 session has been challenging.  The legislature had to make sufficient cuts in the budget for the current fiscal year to close a $601 million shortfall in anticipated revenues, without crippling education, health and human services, department of corrections or department of transportation.  We then had work on the 2011-12 budget, which will require cutting about $1.4 billion from "normal" spending amounts.  I wish I could promise not to have any effect on funding for higher education, K-12 education or any of our safety net programs.  With the growth in the Medicaid caseload and the continued decline in tax revenues, it will be impossible not to cause hardship to many who can ill-afford it. 

While the budget occupied a significant amount of time and attention, I also worked on other legislation.

Here is a quick summary of the main bills I sponsored.

HB 10-1098: Rural Electric Associations provide electricity to approximately 40% of Coloradans.  They are not regulated by the Public Utilities Commission.  Instead, they are governed by a Board of Directors that is elected by the REA members.  Some REAs make it difficult for new people to be elected to the board and make it difficult for members to find out what the REA is doing, what their policies are, how to contact board members and participate in the meetings.  I am sponsoring a bill that will bring basic openness and transparency to REA elections and meetings. This bill has passed both the House and Senate, but is now in a conference committee to align the Senate amendments with the House amendments.

HB 10-1168:  This bill assures that when the victim of an accident recovers damages for their injuries their health insurance company does not have the right to be repaid for medical expenses unless the accident victim has been fully compensated for their damages.  Often, the person at fault for an accident doesn’t have enough insurance or money of their own to compensate a victim for all of their losses.  Health insurance companies insist on being repaid for medical expenses first, even if that would wipe out all the money the victim would receive.  HB 10-1168 tells health insurance companies that they only get to be repaid if the accident victim is “made whole” for their losses. HB10-1168 has passed both the House and Senate and is now an Act waiting for signature by Governor Ritter. 

HB 10-1269: Colorado was a leader when it enacted anti-discrimination legislation in 1951.  Colorado was the third state in the nation to create an agency to protect the civil rights of its residents.  Unfortunately, we are among thirteen states that never created monetary remedies for civil rights violations.  Worse, we are one of only eight states that does not provide for attorney fees if the plaintiff prevails.  So while there is protection from discrimination on the books, civil rights violations often go unremediated.  My bill would have allowed victims of discrimination to recover compensatory damages against their employers that would be similar to the damages that are available to people protected under the federal anti-discrimination statutes.  The legislation would also have allowed the plaintiff to recover attorney fees if they were successful in their law suit.  Without the ability to recover attorney fees, it is simply not possible in the majority of cases for the plaintiff to afford to protect their rights. This bill was killed on second reading in the house. Here is an interesting op-ed regarding the arguments against the bill: Equal Protections Against Discrimination Fails in the House. It is and was never my intention to hurt small businesses, but I do not belive that descrimination in any setting is not acceptable.

HB 10-1347: Repeat drunk drivers will have to spend a minimum amount of time in jail regardless of whether they are convicted in Denver or Adams County or Boulder County or anywhere else.  Repeat drunk drivers will only be able get out of jail on work or education release, and to participate in approved alcohol treatment programs.  In addition to requiring a certain amount of time in jail, my bill will require repeat drunk drivers to spend a minimum of two years on probation and receive treatment for their alcohol problems.  I will also strengthen the ability of a judge to require an ignition interlock device even while the offenders license is still under suspension because we know that at least 75% of people whose licenses have been suspended continue to drive. This bill has passed both the House and the Senate and repassed in conference committee.

Denver Post:Repeat DUI offenders must get jail terms, panel says
Committee approves bill that imposes jail time on repeat DUI offenders
See this article about Rep. Gardner's DUI Bill

HB 10-1342: People who cannot put solar panels on their own home or business, whether because they don't own their own roof, have too much shade, or simply don't want them on their roof, will be able to buy panels in a Community Solar Garden under a bill I am sponsoring.  The electricity produced by the panels will function identically to panels on a person's own roof top, except that the panels might be in the common area of your homeowners association, on your neighbor's property, on the roof of a nearby shopping center or warehouse, or anywhere else in your community.  This will bring more solar electricity to more people in Colorado, and especially help renters join the New Energy Economy. I worked out a lot of the concerns of the solar panel installers, and the bill has passed both the House and the Senate, and is ready to be signed.

See this article in the Rep. Levy, D-Boulder, to introduce 'solar gardens' bill
From Boulder Weekly: Sowing the Seeds of the Sun
From The Daily Camera: Bill's passage has solar gardens set to bloom in Boulder, Colorado

HB 10-1235: In an effort to further transparency, HB1235 updates previous requirements for incorporating to align with the revised model state administrative procedure act. This would allow agencies to make incorporation materials available to the public electronically. This bill has passed both the House and the Senate, and been signed into Law by Govenor Ritter.

HB 10-1276: Allows any railroad company to sell its right of way for the operation of a public passenger right-of-way. This will help Colorado build more mass transit and solve traffic issues. It has passed both the House and and Senate, and is waiting for signature by the President of the Senate and Speaker of the House. Once signed, it will go to the Govenor for signature into law.

HB 10-1413: Introduced on April, 16, HB 1413 addresses issues with Direct File. The bill will change the minimum age of the defendant from 14 to 16 years old, except in the case of first degree murder, second degree murder or a sex offense, authorzing attorney's to directly file in Juvenile court. This bill has passed House and Sentate Second Reading. It is waiting for passage by the Senate on Third Reading.

SB 10-046: This bill will allow counties to put a measure on the ballot for a vote to form a Forest Health District to implement its Community Wildfire Protection Plan.  The district can be funded with a mil levy or sales tax. This will give counties more ability to deal with the pine beetle problem. This bill passed both the Senate and the House and has been signed into law by Governor Ritter.

SB 10-048: Commodity metals such as copper are very valuable.  This has led to a rash of thefts from construction sites and from empty buildings.  While the legislature passed a measure in 2008 to try to prevent these thefts, it is still a problem.  SB 10-048 would have required scrap metal dealers to keep records of who they bought scrap metal from, get identification from them, and retain payment until a possible theft can be reported. This bill passed the Senate, but was lost in Third Reading of the House.

SB 10-054: Will require school districts to provide education services to incarcerated kids. When a kid is charged with an adult crime, he or she is held in an adult jail until the case goes to trial.  Because jails generally don’t house kids, they do not currently have programs or facilities to continue the kid’s education.  If they were held in a juvenile detention facility, their education could continue. The Colorado Constitution requires school districts to provide an education to everyone until age 18, which means these kids are not getting the education to which they are entitled. SB054 has passed both the Senate and House, and is waiting for concurance by the Senate.

SB 10-193: Addresses restraining pregnant women in custody or confined in prison, city adn county jails, juvenile detention facilities, or department of human services facilities. The bill will require staff to use the minimum restraints necessary, unless medical staff determine that restrtaints are necessary for safe childbirth, the woman poses an immediate and serious risk of harm to herslef or medical staff, or she poses a substantial risk of escape that cannot be reasonably controlled any other way. It also forbids the use of leg shackles or waist restraints on pregnant women. This bill has passed both the Senate and the House and is ready to be signed by the Govenor. 

SB 10-066: Clarifies sexual abuse reporting laws. The bill, passed by both the Senate and the House, makes clear that Manditory Reporters do not have to report a sexual abuse crime to law enforcement if an adult (18 and over) discloses that they were sexually abused during childhood. This bill has passed the legislature and is waiting for the Govenor's signature.

While I was not the named sponsor legislation in the area of sentence reform, I was closely involved in several bills.  One bill will reduce sentences for simple drug possession.  Another will increase the discretion of District Attorneys to recommend offenders with prior felonies for probation.  A third bill will allow courts to impose less harsh sentences than currently allowed when offenders fail to report for appointments when they are on parole or in community corrections.  These bills are intended to be sure we reserve our costly prison space for violent offenders who need to be removed from the community while using less costly community corrections or diversion programs for others.

Boulder Daily Camera
Boulder DA backs bill to review cases against juveniles charged as adults
Child criminals are still children

All versions of these bills, and all others introduced this session, are available at www.leg.state.co.us. Click here for a synopsis of the Legislative process. 

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