Legislative endgame

Slated on Backbone Radio, April 20 Listen every Sunday, 5-8pm on 710 KNUS, Denver.. 1460 KZNT, Colorado Springs... and streaming live at 710knus.com.

Gut the Taxpayer's Bill of Rights? Check. Make it harder for citizens to limit government by amending our constitution? Check. Hike the cost of health care while enriching the trial lawyers? Check. Distort civil rights laws to favor alternative lifestyles? Check. Insert bureaucrats into the governance of religious colleges and seminaries? Check. They're a busy bunch, that Colorado General Assembly of ours with the Democrats in charge. Rolling toward adjournment on May 7 or sooner, they have all sorts of mischief in store. The terrible ideas I just listed are already moving ahead (except the first one, Speaker Romanoff's brainchild, still being drafted) and known as SCR-3, SB-164, SB-200, and SB-167.

All those happen to have started in the Senate, but House members have their share of horrors as well. We'll run down the worst of the worst for you on this week's edition of Backbone Radio, and we'll talk about how you can make your voice heard to help stop them from passing. To be clear: this bad stuff has not passed yet, and with enough noise from citizens, none of it will. Please listen Sunday and get in the game.

** I'll talk with both Republican caucus chairs, Rep. Amy Stephens and Sen. Mike Kopp, as well as health policy expert Sen. Shawn Mitchell, family values champion Rep. Kevin Lundberg, and Republican Study Committee chairman Rep. Kent Lambert.

** Plus Bishop Philip Porter on how the greenies are driving up energy costs in disregard of minorities and the poor, and Sean Paige with the Limited Government Forum, a new citizens group in Colorado Springs.

** Plus renowned author Os Guinness on where Biblical faith stands as the atheists close from one side and the Islamists from the other.

We are Backbone Radio are so grateful to you, our listeners and email audience, for keeping us encouraged and on the air, 180 shows and counting. Can we send you a Backbone pen and bookmark to say thanks? To get yours, email KLecrone@BackboneAmerica.net and give us a postal address.

Yours for limited government, JOHN ANDREWS

Taxpayer transparency: why not?

(Denver Post, Apr. 20) Suppose you had a business partner and he wouldn’t let you see the checkbook. You would think he’d gotten a big head, or no longer respected you, or forgotten the promises made to each other. You might even think he was stealing from you. Lots of people are serving time for doing just that. Now suppose that evasive so-and-so was an $18 billion behemoth called the State of Colorado. To make it worse, remember that for you and me as taxpayers, state government with its thousands of bureaucrats and officials isn’t just our partner. It’s our employee, our subordinate, our creature. Of course we can see its checkbook. Only we can’t. Taxpayers in Kansas can monitor their money online, check by check. A Democratic governor last year signed legislation requiring it. Alaskans can ride herd on their tax dollars through a convenient website as well. A Republican governor directed it by executive order two months ago. Same goes for Texas, Minnesota, South Carolina, Hawaii, Oklahoma, Missouri, and Louisiana. But not Colorado, not yet.

Americans aren’t anarchists. As free citizens we cherish our form of government, which we count on to fulfill its constitutional functions energetically. But we insist it be our servant, not our master. Many of us are concerned that government is too big, growing too fast, costs too much, intrudes too much in our lives, and delivers too little value for the dollar. And we often feel powerless to reverse that trend.

One step toward taking back the power is the taxpayer transparency movement that’s now gaining bipartisan support in state after state. President Thomas Jefferson, as suspicious of government as Douglas Bruce, summed up the idea in 1802: “We might hope to see the finances of the Union as clear and intelligible as a merchant’s books, so that every man of every mind should be able to comprehend them, to investigate abuses, and consequently to control them.”

What a simple, powerful reform. Take the state’s checkbook, scrub out confidential personal data, and put it up there in cyberspace for the whole world to see. State Rep. Don Marostica (R-Loveland) tried to get Colorado on board in 2007 with House Bill 1164, “concerning the disclosure of information related to expenditure of state moneys on a searchable website.” Bureaucrats hung a bloated $1.1 million fiscal note on the bill, and Democrats killed it in the first committee.

Inertia and caution were probably more to blame than partisanship. Gov. Kathleen Sibelius (D-KS) okayed the nation’s first transparency law, after all. Alaska State Sen. Bill Wielechowski (D-Anchorage), sponsor of a legislative followup to Gov. Sarah Palin’s executive order, enthuses: “Republicans and Democrats alike love this bill; nobody wants government waste.” Our own state treasurer, Democrat Cary Kennedy, now says she wants to realize Marostica’s goal administratively.

“We believe in making the state’s finances as transparent as possible,” Kennedy told me. She conveys sincerity, but what’s missing is urgency. Fifteen months after HB-1164 died, her working group is still working on it. Her transparency budget for the coming year is a meager $47,000. She speaks vaguely of some role for the State Controller, a mid-level Ritter appointee. Her own laudable innovation, the online Taxpayer Accountability Report, and something else called the Taxpayer Profile, have higher priority. Neither equals an open checkbook.

I give the treasurer only a C, and Gov. Bill Ritter gets an F on this issue. His budget director, Todd Saliman, seemed detached about it when I called, merely voicing support for Kennedy’s slow-motion efforts. And his press secretary, Evan Dreier, had never heard of taxpayer transparency.

They should get briefed at the movement’s website, www.atr.org, then give their boss Gov. Sibelius’s phone number: 877-KSWORKS. Because right now, when it comes to transparency, Kansas works and Colorado doesn’t.

Bad Bill Target List

Many bills harmful to your liberty, prosperity, and values await decision before the Colorado General Assembly quits in early May. Conservative insiders gave us this list of the worst ones. For what you can do, see "Call to Action" above. SB-164 By Groff & T. Carroll Re: Limitations on Damages For Noneconomic Loss or Injury Allows juries to award judgments beyond the $250,000 cap for physical impairment or disfigurement cases. Major trial-lawyers bill that loosens therestraints on runaway lawsuits against doctors. Will significantly drive up the cost of health care and drive doctors out of our state.

SB167 By Tupa & Massey Re: Degree Authorization Act All private and religious liberal arts schools and seminaries will have to apply to the Department of Higher Education to do business in Colorado (grandfathered). The commission will determine if such institutions are bona fide religious institutions and can revoke charter if status changes. The commission can order an investigation of the schools status “for cause.” The commission can set procedures by which students can file complaints with the department, plus procedure for filing complaints for “deceptive trade practice.”

SB-200 By Veiga & Judd Re: Expansion of Prohibitions Against Discrimination Adds the prohibition of discrimination based on sexual orientation to non-discrimination statutes for 23 areas, including housing and employmemt.

SB 11 By Morse & Massey Hikes vehicle-registration fee to cover trauma-care providers and also requires motorists to get medical coverage in their auto policies, effectively reinstating the much-maligned PIP coverage that Coloradans used to have to carry.

HB 1329 By Marshall & Gordon Re: Concerning inactive voters Makes it easier for couch potatoes to stay registered to vote even when theyhave missed back-to-back elections.

SB 40 By Gordon Re: Online voter registration. Blows a bigger hole through election security.

HB-1080 By Madden & Veiga   Re: Compliance With Nondiscrimination Laws  Requires faith-based organizations that accept government funds to comply with the Unfair Unemployment Practices Act.  Wouldn't allow them discretion to hire people with values aligned with those of the organization.

HB-1123 By Stafford & Johnson  Re: Regulation of Persons Who Dispose of Dead Bodies  Imposes requirements and regulations on the mortuary science profession.  Gives the DORA director regulatory power over the industry and authority to set standards.  Requires licensing/ registration/ renewal fees of industry personnel costing $422,960 in 2008-09.

HB-1138 By Borodkin & Isgar  Re: Concerning the Authority of the Dept. of Revenue  Imposes a $500 penalty on professionals who prepare tax returns and make mistakes. Each tax return the professional files that contains mistakes regarding the taxpayer's liability is subject to the fee.  This is likely not an adequate deterrent and could result in higher fees for consumers.

HB-1150 By Todd & Williams  Re: Medicaid Alternative Therapies Program  Establishes a pilot program allowing certain Medicaid clients to receive complementary or alternative therapies, such as chiropractic care, massage, acupuncture, and physical therapy.

HB-1164 By Solano & Schwartz  Re: New Solar Energy Technologies  Requires the PUC to consider the risk of higher future costs associated with greenhouse gas emissions when considering utility proposals to acquire new resources.  Would also require the PUC to consider new environmental regulation.

HB-1203 By M. Carroll & Boyd  Re: Regulating Transactions Involving Licensed Hospitals Increases the involvement of the AG in hospital business decisions and mergers, particularly if a hospital merger is deemed likely to result in a reduction of certain services. Could ultimately require religious hospitals (e.g. Catholic hospitals) to allow abortions and other procedures.

HB-1227 By Madden & Tapia  Re: Sunset Continue Public Utilities Commission  Would be routine if Madden hadn't included new, environmental criteria for the PUC's Office of Consumer Counsel to consider when the PUC regulates utilities. Requires net metering under all utilities; requires providers of VoIP to pay into the Colorado high-cost service mechanism.

HB-1239 By Green  Re: Actions for No Background Check  Establishes new penalties for public entities that fail to do a CBI background check prior to hiring someone who will work with children or in a setting with children. Eliminates the statute of limitations for a civil action

HB-1356 By Merrifield & Tupa Re: Concerning Landlord and Tenant Relations  Imposes restrictions on residential rental agreements. Establishes responsibilities of landlords and tenants in rental agreements for the maintenance and care of the property.

HB-1389 By M. Carroll  Re: Increased Oversight of Insurance Rates  Requires insurance companies to file documents about their insurance rate practices. They must also notify of any rate increases, which the commissioner will then make public. The insurance commissioner may reject the rate increase.

HB-1342 By Kefalas & Ward Re: Child Support Enforcement Procedures Allows judicial branch to impose liens on insurance settlements and liquidate securities to satisfy child support obligations.  Would put banks in the middle of child support collection by requiring them to liquidate assets of their customers. 

HB-1306 By Riesberg  Re: Construction Prompt Payment Reform Act of 2008  Imposes numerous regulations on construction agreements. Authorizes performance suspensions when payment isn't received by contractors or subcontractors according to schedule. Requires progress payments every 30 days for construction projects.

HB 1170 By Soper Attaches new restrictions/market barriers to the electrician licensure/apprenticeship process.

HB 1310 By Ferrandino & Groff Restricts "payday" loans.

Some additional comments from the Colorado Family Institute:

Bad Bill: Oppose! SB 200, highlighted above, would require all “public accommodations” to follow civil rights law for homosexuals. This would include any business which puts itself out as Christian or follows biblical hiring standards. A couple with a photography business in New Mexico was brought to court under a similar law for refusing to film a same-sex commitment ceremony. A Christian camp could not refuse to allow a homosexual group to use its facilities….etc

Good Bill: Support! SB 125 By Harvey Toughens Colorado law on providing pornography to children.

Good Bill: Support! SB 1372 Adult Stem Cell Donation Awareness…. Concerning the voluntary donation of umbilical cords for the purpose of aiding in the cure for life-threatening diseases through the use of adult blood stem cells.

Good Bill: Support! SB 134 Minimum Bail for Drug Distribution…. The bill raises the bond amounts for meth traffickers to a high statewide minimum and allows local authorities to keep half the bond if the defendant is known to be in the United States illegally and skips bail. SB 134 sets the minimum bail amount at $50,000 for all individuals arrested for drug trafficking and requires it to be adjusted every 10 years for inflation.

Nothing moral about Dems' budget

It's an article of faith among Democrats that the state budget is a "moral document." They obviously still worship at the altar of big government if that's the case. The fiscal shenanigans at the root of the Colorado state budget should cause anyone who's paying attention to ask if the Democrats' morality is still inspired by Bill Clinton.

The latest estimate from the legislature's nonpartisan economists forecasts a decrease in expected revenues of $693 million over five years, echoing spreading worries of an economic slowdown. But this year's proposed budget calls for no slowdown in spending.

In the 2008-09 budget, general fund spending increases by the maximum allowable six percent or $431 million. A portion of this increase is made possible by last year's infamous property tax hike - Democrats call it a "freeze" - which bypassed the voters and, in just two years, shifts $249 million away from the priorities of local schools and into the hands of state legislators.

Originally, Democrats said this "Colorado Children's Amendment" would shore up education funding, although the amendment contains no assurance whatsoever that schools will receive any of the additional money.

More recently, a spending shell game reminiscent of the Ref C Shuffle emerged in the wake of the property tax hike. During a recent meeting of the legislature's Joint Budget Committee, Democrats acknowledged that part of Gov. Bill Ritter's $25 million expansion of government health care will be funded from - that's right - money freed up by the Children's Amendment.

So state lawmakers forced local school districts to give up money that was to be spent on local priorities and to spend it instead on state priorities, thereby enabling the state to spend its money not on education but to expand entitlements.

A significantly larger splurge takes place in the cash funds budget - paid for by those so-called "fees" that often feel like taxes to anyone who pays them. Although the cash funds budget is roughly one-third smaller than the general fund, Democrat legislators are proposing a staggering $651 million (14.9 percent) increase. By contrast, the state's population grew by just two percent last year; inflation rose by 2.2 percent.

The budget also adds 1,334 new state employees - an increase of 2,763 potential union workers in the first two years under Gov. Ritter and the Democrat-controlled legislature. That's more than double the increase in the final two years under Republican Gov. Bill Owens, even after Referendum C loosened many budgetary constraints.

If taxpayers are to take seriously this mantra that "the budget is a moral document," then perhaps taxpayers should demand that moralizing legislators answer some obvious questions:

* Isn't it reckless for the legislature to increase spending at a time when the economy is slowing and working families are tightening their belts?

* What is moral about putting the whims of labor union bosses ahead of the interests of taxpayers whose hard work pays the bill for state government?

* Isn't it disingenuous - to say the least - to defy the plain language of the state constitution by raising property taxes without a vote?

* What is moral about taking money away from people who earn it in order to provide for themselves and their families and instead giving it to government bureaucrats who perpetuate their own existence by making more people dependent on government?

* How is it moral for lawmakers to take money that belongs to someone else so they can pretend to be morally superior by giving other people's money to their favorite lobbyists, charities and constituents?

Certainly, government can be a force for morality, as it has been in securing our freedoms, restraining abusive officials and agencies, and assuring equality under the law.

On the other hand, moralizing with other people's money is a dangerous addiction which politicians would be wise to avoid.

Where's the leadership, Gov. Ritter?

Weak, indecisive, ineffective, directionless, no clout, poorly staffed -- those are some of the descriptions of Bill Ritter that this former Senate President has heard recently from legislators in both parties and on both sides of the aisle as Colorado's freshman governor nears the end of his second legislative session. "Afraid to lead," "out of his depth," and "doesn't get it" are several more unflattering appraisals directed at the Democratic chief executive and his first floor (staff and cabinet) operation by second-floor State Capitol players in the legislative branch.

"This isn't good for Colorado, this ship of state adrift," a leading Republican told me -- even as he admitted it plays to his party's advantage in the 2008 campaign. Transportation, health care, education, and other big issues need a strong hand in the governor's chair, he said, and when that's missing as it has been during Ritter's lackluster 15 months in office, adverse consequences hit the state as a whole, partisanship aside.

Seasoned veterans in the business community and journalism seem to be reaching the same unhappy conclusion about the former prosecutor and professed (but now tarnished) pro-business, pro-life Democrat who swept in on a 2006 landslide. Little of his "Colorado Promise" agenda was realized in 2007, and action points were few in his State of the State message for this year.

Especially since his spectacular misjudgment on handing unions the key to state government last November, Gov. Ritter is said to have little influence with majority Democrats in the state House and Senate, or they with him. "He's almost like a third-party governor, in terms of that disconnect with legislative leaders," one observer said.

On the other hand, it's still only March, and much can still happen in the final six weeks of this year's legislative session. Ballot issues in the fall could prove to be another equalizer for the governor's sagging fortunes -- and there's always the Democratic Convention coming to town this summer, fraught with both upside and downside possibilities for Ritter.

We can't forget that politics is like football: the ball has pointy ends and seldom bounces straight. The Stumbling Bill of today could be sprinting again by election time. But there is no evidence as yet that his shortcomings noted in my January column, "Ritter's Bad Year," are on the way to being remedied.