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Fortunately, HB11-1052, sponsored by Rep. Dickie Hullinghorst (D- HD10 Boulder) and Sen. John Morse (D - SD11El Paso Cty)was PI'd (postponed indefinitely) in the Finance Committee.
HB1052 treats any bill that results in a “decrease in revenue” as if the money belongs to the State in the first place.
Colorado is already required to balance its budget. This bill is a superfluous measure that defeats any attempt by the legislature to prioritize spending, because each measure considered would receive the immediate attention and priority. Colorado deserves better than “budgeting at the margins”.
State revenue is dynamic. Under this bill, tax proposals will be viewed as static equations, without considering the unseen consequences. Tax rate decreases that might stimulate economic activity would not be allowed without a corresponding spending decrease. In our current budget crisis, we can not afford to ignore tax policies that will create jobs and economic growth simply because an offset is required.
Finally, we must oppose the underlying false premise that money belongs to the state, and that a tax rate decrease is an expense to the state. The Taxpayer Bill of Rights establishes that taxes first belong to people and businesses, and the legislature is required to ask permission of the people of Colorado to increase taxes.
Removing a tax exemption is a tax increase, and this bill is a cynical attempt to undermine the rights of Coloradans to repeal the unconstitutional removal of tax exemptions perpetrated by the 2010 Legislature.
Brian Vande Krol, Member, CRBC Legislative Issues Committee
Thursday, February 17, 2011
So-called "Consumer Protection Act" Increases Punitive Regulations; Gives More Power to Unaccountable Bureaucrats
SB11-068 by Sen. Morgan Carroll (D-SD29 Arapahoe Cty) and Rep. Judy Solano (D-HD31 Adams Cty) has passed out of the Judiciary Committe and is awaiting Second Reading in the Senate. Contact your State Senator about SB068.
In this time of economic uncertainty, our legislature should be focused on creating a more hospitable environment for businesses. No government stimulus program can result in net job growth – it is only private businesses that can create the job growth necessary to restore Colorado’s faltering economy.
Senate Bill 068 creates more economic uncertainty. This bill will expand the current list of 36 enumerated deceptive trade practices to an unlimited list, defined by a partisan officeholder. Under current statute, the courts can provide remedies for unlisted unfair trade practices. There is no reason to expand the already unwieldy list.
Further, the bill automatically broadens the scope of harm, regardless of actual harm, by creating an ill-defined “significant public impact”. That determination should be left to courts and is not in keeping with the American tradition of presumption of innocence. It assumes “significant public impact” when none may exist. Current law already provides that evidence of deceptive trade practice is “prima facie evidence of intent to injure competitors…” There is no compelling need to strengthen this provision.
By unnecessarily encouraging lawsuits against businesses, SB 068 creates more economic uncertainty. While promising to “protect consumers”, consumers will be adversely affected by this legislation as business costs increase, economic growth is hindered, and jobs are not created. SB 068 is the exact opposite of economic stimulation.
Walt Curtner, Chairman, CRBC Legislative Issues Committee
In this time of economic uncertainty, our legislature should be focused on creating a more hospitable environment for businesses. No government stimulus program can result in net job growth – it is only private businesses that can create the job growth necessary to restore Colorado’s faltering economy.
Senate Bill 068 creates more economic uncertainty. This bill will expand the current list of 36 enumerated deceptive trade practices to an unlimited list, defined by a partisan officeholder. Under current statute, the courts can provide remedies for unlisted unfair trade practices. There is no reason to expand the already unwieldy list.
Further, the bill automatically broadens the scope of harm, regardless of actual harm, by creating an ill-defined “significant public impact”. That determination should be left to courts and is not in keeping with the American tradition of presumption of innocence. It assumes “significant public impact” when none may exist. Current law already provides that evidence of deceptive trade practice is “prima facie evidence of intent to injure competitors…” There is no compelling need to strengthen this provision.
By unnecessarily encouraging lawsuits against businesses, SB 068 creates more economic uncertainty. While promising to “protect consumers”, consumers will be adversely affected by this legislation as business costs increase, economic growth is hindered, and jobs are not created. SB 068 is the exact opposite of economic stimulation.
Walt Curtner, Chairman, CRBC Legislative Issues Committee
Legislature Forces Alternative Energy Use; Raises Costs on Business & Consumers
CRBC Supports SB071 - Reduce Energy Costs
(This bill was Postponed Indefinitely - PI'd. For more info on bills tracked by the CRBC Legislative Issues Committee, see our Legislative Matrix at www.smallbizgop.com)
The legislature’s priority should be improving Colorado’s economy with the focus on creating jobs. SB071 would do this in several ways.
First, this bill would roll back the requirement that Xcel go from a 10% renewable energy standard up to a 20% standard within five years and up to 30% within ten years; and, it will maintain the current 10% standard for renewable energy. This will significantly slow down the current energy rate increases, which over the last six years have been double the inflation rate (or 21% in the last six years – per a 2/5/11 Denver Post article).
These rate increases (collected by Minnesota-based Xcel) are hurting both Colorado homeowners and businesses. Some Colorado businesses are afraid to expand since energy costs are projected (under current law) “to increase another 20% as new power plants, wind farms and transmission lines are added . . .” (per the Denver Post article).
Second, this bill would help rural customers by restoring the exemption to these renewable standards for utilities serving less than 40,000 customers.
Lastly, this bill would likely prevent further job loses in one of Colorado’s major industries, coal-mining.
(This bill was Postponed Indefinitely - PI'd. For more info on bills tracked by the CRBC Legislative Issues Committee, see our Legislative Matrix at www.smallbizgop.com)
The legislature’s priority should be improving Colorado’s economy with the focus on creating jobs. SB071 would do this in several ways.
First, this bill would roll back the requirement that Xcel go from a 10% renewable energy standard up to a 20% standard within five years and up to 30% within ten years; and, it will maintain the current 10% standard for renewable energy. This will significantly slow down the current energy rate increases, which over the last six years have been double the inflation rate (or 21% in the last six years – per a 2/5/11 Denver Post article).
These rate increases (collected by Minnesota-based Xcel) are hurting both Colorado homeowners and businesses. Some Colorado businesses are afraid to expand since energy costs are projected (under current law) “to increase another 20% as new power plants, wind farms and transmission lines are added . . .” (per the Denver Post article).
Second, this bill would help rural customers by restoring the exemption to these renewable standards for utilities serving less than 40,000 customers.
Lastly, this bill would likely prevent further job loses in one of Colorado’s major industries, coal-mining.
Why Repeal the Hospital Provider Tax
Why I Want to Repeal the Hospital Provider Tax (but called a fee so you couldn't vote on it.)by Rep. Janak Joshi
Jan 17, 2011
The hospital provider fee bill (HB 09-1293)was passed forone main reason--to get money from the federal governmentthat we don't have. Hospitals are being charged a fee for in-patient and out-patient services that is matched with a temporary federal grant.
Then part of the sum total is kept to balance the state budget and the remaining part is distributed unequally among the hospitals.
The reasons for repealing it:
1. Every way you look at it, it is a tax and not afee. Thus, it was passed unconstitutionally.
2. It is nothing more than a redistribution ofincome. Taking money from rich hospitals- with a higher percentage ofinsurance-paying patients and giving to "poor" hospitals with a higher percentage of Medicaid and indigent patients.
3. Hospitals will pass this fee on to insurance companies, which will pass this on to consumers, who will ultimately pay for it.
4. By their own admission, HCPF told the Joint Budget Committee that if repealed, "there would be no immediate general fund impact" until Obama-care is implemented. That by itself is "iffy" at this point.
5. This bill has expanded Medicaid, which is detrimentalto the state budget. The matching federal grant is also ultimately paid for by tax payers. Colorado received less than a dollar for every dollar sent to Washington, so the grant is costing us more. What will happen when the federal matching grant goes away? More taxes?
These are just a few of the talking points but remember one thing: We all are paying for this with money that we don't have.
Jan 17, 2011
The hospital provider fee bill (HB 09-1293)was passed forone main reason--to get money from the federal governmentthat we don't have. Hospitals are being charged a fee for in-patient and out-patient services that is matched with a temporary federal grant.
Then part of the sum total is kept to balance the state budget and the remaining part is distributed unequally among the hospitals.
The reasons for repealing it:
1. Every way you look at it, it is a tax and not afee. Thus, it was passed unconstitutionally.
2. It is nothing more than a redistribution ofincome. Taking money from rich hospitals- with a higher percentage ofinsurance-paying patients and giving to "poor" hospitals with a higher percentage of Medicaid and indigent patients.
3. Hospitals will pass this fee on to insurance companies, which will pass this on to consumers, who will ultimately pay for it.
4. By their own admission, HCPF told the Joint Budget Committee that if repealed, "there would be no immediate general fund impact" until Obama-care is implemented. That by itself is "iffy" at this point.
5. This bill has expanded Medicaid, which is detrimentalto the state budget. The matching federal grant is also ultimately paid for by tax payers. Colorado received less than a dollar for every dollar sent to Washington, so the grant is costing us more. What will happen when the federal matching grant goes away? More taxes?
These are just a few of the talking points but remember one thing: We all are paying for this with money that we don't have.
Wednesday, February 16, 2011
Friday, February 18: Come To CRBC's Monthly Lunch
Friday, February 18, 2011
11:30 a.m. - 1 p.m.
Brooklyn's Restaurant
9th & Auraria Pkwy, across from Pepsi Center,
$1 parking Lot A - tell attendant you're going to Brooklyn's
Member: $17; non-members $20; elected officials and students $15
Menu choices.
RSVP: repgop@gmail.com (not required, but appreciated)
Our featured speakers are as follows:
****************************************************
Amy Oliver Cooke, Independence Institute
Amy Oliver Cooke is the director of the Colorado Transparency Project and founder of Mothers Against Debt (MAD) for the Independence Institute, Colorado's free market, state-based think tank. She has been with II since 2004.
Oliver's primary role is to investigate government spending at all levels and then explain how that spending affects family budgets. Her work on transparency earned h...er an appointment to the Long Term Fiscal Stability Commission from House Minority Leader Mike May.
She is also the host of the award winning Amy Oliver Show heard on News Talk 1310 KFKA Monday through Friday from 9 to 11 am. In 2008, the Colorado Broadcasters Association recognized her as the Best News Talk personality in a major market.
Oliver is a regular blog and article contributor. Her article Unabashed Bias exposed how the Denver daily papers campaigned for rather than reported on Colorado's largest tax increase and won her "Best Right-Wing Media Criticism" from the Denver Westword.
Oliver earned a degree in journalism in 1985 from the prestigious University of Missouri-Columbia. In 2003, she earned a graduate degree in American History from the University of Northern Colorado.
*****************************************************
Rep. Keith Swerdfeger
Hon. Keith Swerdfeger won the Pueblo city seat vacated by termed-out Democrat Buffie McFayden. He narrowly lost to her in 2004, but true to his nature, he persisted, this time winning the seat with 63 percent of the vote against Carole Partin.
Swerdfeger is vice-chairman of the House Finance Committee and also serves on the House Economic & Business Development and the Local Government committees.
He is prime sponsor of HB1051, which affirms that DNA samples of felons are never expunged; HB1083, which allows public utilities to consider the use of hydroelectricity and pumped hydroelectricity among alternative energy sources; HB1237, which establishes a fund for National Guard facilities repair and replacement; and SB051, which allows the intercept of a person's gaming winning for the purpose of paying any unpaid debt to the State, typically child support or restitution.
Swerdfeger is a co-founder/owner of K.R. Swerdfeger Construction, Inc. The business began in 1968 and has completed numerous multimillion-dollar projects since its founding. KRSC specializes in infrastructure development, the excavation for and placement of underground utilities, telecommunications construction, golf course development, and state-of-the-art trenchless technologies. He was instrumental to bringing wind-turbine maker Vestas to Pueblo.
Swerdfeger served in multiple positions at the Pueblo Economic Development Corp., or PEDCO. He served as chairman of Pueblo's 2009 United Way campaign. His wife of 45 years, Sharon L. Swerdfeger, is on the foundation board of the Pueblo Community College. The couple has four children and nine grandchildren.
11:30 a.m. - 1 p.m.
Brooklyn's Restaurant
9th & Auraria Pkwy, across from Pepsi Center,
$1 parking Lot A - tell attendant you're going to Brooklyn's
Member: $17; non-members $20; elected officials and students $15
Menu choices.
RSVP: repgop@gmail.com (not required, but appreciated)
Our featured speakers are as follows:
**************************
Amy Oliver Cooke, Independence Institute
Amy Oliver Cooke is the director of the Colorado Transparency Project and founder of Mothers Against Debt (MAD) for the Independence Institute, Colorado's free market, state-based think tank. She has been with II since 2004.
Oliver's primary role is to investigate government spending at all levels and then explain how that spending affects family budgets. Her work on transparency earned h...er an appointment to the Long Term Fiscal Stability Commission from House Minority Leader Mike May.
She is also the host of the award winning Amy Oliver Show heard on News Talk 1310 KFKA Monday through Friday from 9 to 11 am. In 2008, the Colorado Broadcasters Association recognized her as the Best News Talk personality in a major market.
Oliver is a regular blog and article contributor. Her article Unabashed Bias exposed how the Denver daily papers campaigned for rather than reported on Colorado's largest tax increase and won her "Best Right-Wing Media Criticism" from the Denver Westword.
Oliver earned a degree in journalism in 1985 from the prestigious University of Missouri-Columbia. In 2003, she earned a graduate degree in American History from the University of Northern Colorado.
**************************
Rep. Keith Swerdfeger
Hon. Keith Swerdfeger won the Pueblo city seat vacated by termed-out Democrat Buffie McFayden. He narrowly lost to her in 2004, but true to his nature, he persisted, this time winning the seat with 63 percent of the vote against Carole Partin.
Swerdfeger is vice-chairman of the House Finance Committee and also serves on the House Economic & Business Development and the Local Government committees.
He is prime sponsor of HB1051, which affirms that DNA samples of felons are never expunged; HB1083, which allows public utilities to consider the use of hydroelectricity and pumped hydroelectricity among alternative energy sources; HB1237, which establishes a fund for National Guard facilities repair and replacement; and SB051, which allows the intercept of a person's gaming winning for the purpose of paying any unpaid debt to the State, typically child support or restitution.
Swerdfeger is a co-founder/owner of K.R. Swerdfeger Construction, Inc. The business began in 1968 and has completed numerous multimillion-dollar projects since its founding. KRSC specializes in infrastructure development, the excavation for and placement of underground utilities, telecommunications construction, golf course development, and state-of-the-art trenchless technologies. He was instrumental to bringing wind-turbine maker Vestas to Pueblo.
Swerdfeger served in multiple positions at the Pueblo Economic Development Corp., or PEDCO. He served as chairman of Pueblo's 2009 United Way campaign. His wife of 45 years, Sharon L. Swerdfeger, is on the foundation board of the Pueblo Community College. The couple has four children and nine grandchildren.
Tuesday, February 15, 2011
HB1149: Verify legal status for employment
HB1149 requires proof of citizenship to receive state or federal benefits in Colorado; requires employers to inspect documents to determine lawful presence in USA before hiring.
Testify at the hearing, or call or email members of the House Committee State, Veterans, and Military Affairs regarding HB1149, Sponsored by Rep. Cindy Acree, (R- HD40 Aurora).
CRBC SUPPORTS this bill. www.smallbizgop.com
Hearing Wednesday, Feb. 16, 1:30 p.m. Room 112 State Capitol before the House Committee on State, Veterans and Military Affairs. It's especially important to contact the Democrat members of the Committee. See contact info below.
Call Cheryl in Rep. Acree's office if you can come to the capitol to testify at 303.866.2944, or send an email to cindy.acree.house@state.co.us
Contact members of the Committee on State, Veterans and Military Affairs:
Chairman, Rep. Jim Kerr (R HD28 Lakewood) james.kerr.house@state.co.us 303.866.2939
Vice Chairman,Rep. Don Coram (R-HD58 Montrose) don.coram.house@state.co.us 303.866.2955
Rep. Randy Baumgardner (R -HD57 NW counties) baumgardner.house@state.co.us 303.866.2949
Rep. Lois Court (D-HD6 Denver) loiscourt@msn.com 303.355.3546
Rep. Claire Levy (D HD13-Boulder) claire.levy.house@state.co.us 303.866.2578
Rep. Larry Liston (R- HD16 CO Springs) llliston16@q.com 303.866.2965
Rep. Joe Miklosi (D-HD9 Denver)joe@joemiklosi.com 303.866.2910
Rep. Nancy Todd (D - HD41 Aurora) nancy.todd.house@state.co.us 303.866.2919
Rep. Mark Waller (R- HD15 CO Springs)markwaller.law@comcast.net 303.866.5525
Current law requires an agency or political subdivision of the state to verify the lawful presence of each applicant 18 years of age or older for federal public benefits or state or local public benefits. The bill amends that law by requiring the applicant to provide the applicant's social security card for inspection.
Current law requires an applicant to sign an affidavit attesting that he or she is a United States citizen or legal permanent resident or that he or she is otherwise lawfully present in the United States pursuant to federal law and the attestation is subject to the perjury laws. Instead of signing the affidavit, the bill provides that an applicant may submit for inspection a birth certificate or other documents that indicate the applicant's lawful presence in the United States. The bill clarifies that an employer of a newly hired employee must check legally acceptable documents to verify the identity of the employee as well as check the authority of the person to legally work in the United States.
Testify at the hearing, or call or email members of the House Committee State, Veterans, and Military Affairs regarding HB1149, Sponsored by Rep. Cindy Acree, (R- HD40 Aurora).
CRBC SUPPORTS this bill. www.smallbizgop.com
Hearing Wednesday, Feb. 16, 1:30 p.m. Room 112 State Capitol before the House Committee on State, Veterans and Military Affairs. It's especially important to contact the Democrat members of the Committee. See contact info below.
Call Cheryl in Rep. Acree's office if you can come to the capitol to testify at 303.866.2944, or send an email to cindy.acree.house@state.co.us
Contact members of the Committee on State, Veterans and Military Affairs:
Chairman, Rep. Jim Kerr (R HD28 Lakewood) james.kerr.house@state.co.us 303.866.2939
Vice Chairman,Rep. Don Coram (R-HD58 Montrose) don.coram.house@state.co.us 303.866.2955
Rep. Randy Baumgardner (R -HD57 NW counties) baumgardner.house@state.co.us 303.866.2949
Rep. Lois Court (D-HD6 Denver) loiscourt@msn.com 303.355.3546
Rep. Claire Levy (D HD13-Boulder) claire.levy.house@state.co.us 303.866.2578
Rep. Larry Liston (R- HD16 CO Springs) llliston16@q.com 303.866.2965
Rep. Joe Miklosi (D-HD9 Denver)joe@joemiklosi.com 303.866.2910
Rep. Nancy Todd (D - HD41 Aurora) nancy.todd.house@state.co.us 303.866.2919
Rep. Mark Waller (R- HD15 CO Springs)markwaller.law@comcast.net 303.866.5525
Current law requires an agency or political subdivision of the state to verify the lawful presence of each applicant 18 years of age or older for federal public benefits or state or local public benefits. The bill amends that law by requiring the applicant to provide the applicant's social security card for inspection.
Current law requires an applicant to sign an affidavit attesting that he or she is a United States citizen or legal permanent resident or that he or she is otherwise lawfully present in the United States pursuant to federal law and the attestation is subject to the perjury laws. Instead of signing the affidavit, the bill provides that an applicant may submit for inspection a birth certificate or other documents that indicate the applicant's lawful presence in the United States. The bill clarifies that an employer of a newly hired employee must check legally acceptable documents to verify the identity of the employee as well as check the authority of the person to legally work in the United States.
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