January 15, 2007 LL #1:1 LEGISLATIVE ACTION ON 2006 BALLOT ISSUES

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1 LEGISLATIVE LETTER THE LEAGUE OF WOMEN VOTERS OF COLORADO 1410 Grant St., B-204, Denver, CO, January 15, 2007 LL #1:1 LEGISLATIVE ACTION ON 2006 BALLOT ISSUES November s election brought a ballot full of initiated and referred proposals to change the state constitution and statutes. Most failed. For those that passed, the General Assembly must enact implementing or enabling legislation. The legislation may be as perfunctory as authorizing a state agency to take the directed actions. It can also include, as examples, appropriating funds, creating new agencies, or directing the collection of tax monies (as with 2004 s tobacco tax). Or, implementation can be more comprehensive, involving interpretation of the measures. Ballot issues passed in 2006 and the likely implementing legislation are: Referendum K Amendment 41 Oppose (probably unconstitutional) Oppose Issue Identifier Subject League Position Possible Legislation Referendum D Remove obsolete provisions Support None sections will be removed from constitution Referendum H Eliminate business income tax deduction for employing illegal immigrants No position How to enforce could be specific statutes, or rule-making authority to appropriate agency; approve and appropriate funds to do so Little or none required Much controversy over implementation; see below Attorney General to join lawsuit against US Attorney to demand federal enforcement of immigration laws Standards of Conduct in Government (so-called Ethics Amendment) Amendment 42 Minimum Wage Increase Support HB 1001 proposes to give rule-making authority to director of Department of Labor and Employment Amendment 43 Marriage is solely between one man and one woman No position Statute already exists Legislative Letter is a publication of the League of Women Voters of Colorado for the benefit of members and subscribers. Reproduction of any kind, in whole or in part, is prohibited without written permission of the League of Women Voters of Colorado. Copyright 2007.

2 Implementation of Amendment 41 is the subject of much controversy because legal interpretations of the language seem to confirm the breadth, depth, and restrictiveness that opponents feared. Three approaches to enabling legislation are emerging: 1. Do little. The amendment is clear. The ethics commission must be created and funded (and there is very little money for that). 2. Go back to the voters. Identify problems and likely unintended consequences, craft new constitutional language, and refer the changes to the voters. 3. Fix it in statute. Address the problems and unintended consequences through more lengthy implementing statutes. The backers of Amendment 41 are drafting bills to fix the measure in statute; others believe this approach is vulnerable to court challenge, no matter how sensible the fix. The cleanest method is also the most cumbersome: return to the voters. Christine Watson, BLUE RIBBON COMMISSION FOR HEALTH CARE REFORM (208 COMMISSION) During the 2006 legislative session, the General Assembly passed Senate Bill , which was to create a health-care reform committee to study how Colorado might make health care more affordable and available to all Coloradoans. This commission is now in place and has been meeting since early December. League supported bills creating this commission. The Commission has 24 members, including eight consumer representatives, eight health insurance purchasers, and eight experts and business leaders. The members were appointed by Governor Owens, Senate President Joan Fitz-Gerald, House Speaker Andrew Romanoff, Senate Minority Leader Andy McElhany and House Minority Leader Mike May. The Commission has four sub-committees: Communications and Outreach, Health Reform Proposals, Operations, and Evaluation Firm Search. Each sub-committee has been meeting weekly. The Commission must work in a non-partisan manner to examine health-care coverage and reform models designed to ensure access to affordable coverage. In late February 2007, the Commission will release a Solicitation for Health Reform proposals, which will provide detailed instructions to individuals and organizations wishing to submit proposals. Proposals must ensure access to affordable coverage for all Colorado residents ; any proposals that do not contain the required elements will not be considered by the Commission. An independent consulting firm will be selected to analyze the top proposals. Legislation requires that statewide informational meetings be held at least once in each congressional district, and a final report must be presented to the General Assembly on or before November 30, This report must include an unbiased economic analysis and feasibility and technical assessment of the various reform options. At one of the first meetings of the Commission, Governor-Elect Ritter expressed his hopes that all stake holders will come to the table and that health care legislation could be introduced in the 2008 legislative session as a result of the Commission s studies. Early in the 2007 session he hopes to introduce a bill to increase the Commission membership by three members, one each from the business, labor and rural communities. He hopes to extend the Commission schedule by sixty days to compensate for its late start (due to the special legislative session in the summer). LL #1/Page 2

3 Information about the Commission, meeting schedules and other materials are available at commission. Marion Colliander, CAMPAIGN FINANCE A GOOD CHANCE FOR MORE DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Disclosure of contributors to both candidate and issue campaigns has been important to the League as one means of decreasing the influence of money in political campaigns. HB 1074 (Rep. M. Carroll; Sen. Tupa) (Support) would require the now ubiquitous 527 s (organizations that advertise in a way that supports a particular candidate, but are not associated with the candidate s campaign) to disclose their spending and contributors, under the same disclosure rules as candidate campaigns. After several elections in which nasty electioneering has been one of the most notable features, this is a welcome proposal. The bill is calendared to be heard Jan. 18 in House State Affairs Committee. Christine Watson, EXPANSION OF ISSUE COMMITTEE DISCLOSURE HB 1052 State Ballot Issue Disclosure (Rep. Casso) (support) would require an issue committee that supports or opposes a statewide ballot issue to file a report with the Secretary of State of a single expenditure of $1,000 or more incurred at any time within 30 days preceding a coordinated or general election. This report shall be electronically filed no later than 24 hours after the expenditure is made and should include the name of the issue committee making or incurring the expenditure, the date the expenditure was made and the purpose of the expenditure. The disclosure must also specify the ballot issue in question, and whether the organization making the expenditure supports or opposes the measure. The bill has been assigned to State, Veterans, & Military Affairs and is scheduled to be heard on Jan. 18. Carol Tone, ENERGY WIND POWER PROJECTS FOR SCHOOLS HB 1087 (Rep. A. Kerr) (support) establishes a grant program to assist public schools and community colleges to construct wind turbines that will defray the school s energy costs and provide educational opportunities for students relating to the generation of wind power. The grants will be administered by the Office of Energy Management and Conservation and require that schools work with the National Renewable Energy Laboratory to be eligible. Grants of up to $5,000 will be available to qualifying schools. A fund for the program will be established with an annual appropriation of $50,000 from the severance tax trust fund plus any gifts, grants and donations received for the program. The state appropriation will terminate July 1, Sigrid Higdon, EQUALITY OF OPPORTUNITY EXPANSION OF NONDISCRIMINATION POLICIES IN EMPLOYMENT SB 25 Expansion of Employment Nondiscrimination Protections (Sen. Veiga; Rep. Madden) (support) adds sexual orientation to the list of characteristics for which a person may not be discriminated against under state laws. The characteristics already statutorily protected from discrimination include disability, race, creed, color, gender, age and national origin. If passed as written, it would apply to (a) an employer s practices involving hiring, discharging, promoting or demoting employees, harassment and compensation; (b) employment agency practices involving listings, referrals, or compliance with an employer s direct or indirect request to discriminate; (c) labor union organization practices involving the exclusion, expulsion or discrimination in membership; (d) employer, employment agency or labor organizations practices involving use of discriminatory publication, application or inquiry; and (e) apprenticeship training programs or other occupational instruction LL #1/Page 3

4 programs. It allows employers to require compliance with a dress code as long as it is applied consistently. The bill excludes religious organizations or associations from the definition of employer for purposes of complying with state employment nondiscrimination laws unless the organization is supported in whole or in part by money raised by taxation or public borrowing. Similar bills have been presented every year since the late 1990s. In the earlier years, they were killed in committee. Last year, the bill was passed by both houses but suffered the Governor s veto. Kathy Glass, Carmah Lawler HOW DOES THE LEAGUE ADOPT POLICY POSITIONS? League program consists of governmental issues chosen by members for study and ultimate action. These may range from educational activities in the community to legislative lobbying. Study makes action possible by bringing members the knowledge that makes League action uniquely credible and respected. The process gives members an opportunity to examine facts, pro and con arguments, and political realities. Reaching consensus is a technique used traditionally in the League of Women Voters to discuss and arrive at conclusions on issues. Consensus is not a simple majority vote, nor does it mean unanimity. It is the "sense of the group" as expressed through the exchange of ideas and opinions. League action can take place only after consensus or concurrence has been reached and a position formulated. The League of Women Voters of Colorado determines what legislation to follow and to support or oppose based first and foremost on our program positions. We can support or oppose only topics on which the League has conducted studies and arrived at positions on the local, state and/or national level. The Legislative Action Committee meets biweekly during the legislative session to review pending bills and determine which to follow based on our stated program. Positions of support, oppose or "watch" are arrived at by consensus after reviewing all information available at the time. As bills change, it is sometimes necessary to change positions, and those decisions are also made by consensus of the committee. FACTS ABOUT THE LEAGUE OF WOMEN VOTERS The mission of the League of Women Voters is to encourage informed and active participation in government and influence public policy issues through education and advocacy. It is a nonprofit, non-partisan organization. The League does not support or oppose any political party or candidate. The League was founded in 1920 as an outgrowth of the long struggle to win voting rights for women in the United States. Membership is open to all citizens of voting age. There are Leagues in more than 900 communities throughout the U.S. and 22 local Leagues in Colorado. They are: Adams County, Arapahoe County, Archuleta County, Boulder Valley, Chaffee County, Cortez/Montezuma, Delta County, Denver, Estes Park, Greeley/Weld County, Gunnison Area, Jefferson County, Larimer County, Longmont, La Plata County, Mesa County, Montrose, Morgan County, Pueblo, Pikes Peak Region, Sterling, and Routt County. Individual members in Colorado total 1,870. The League is organized around two main functions: VOTER EDUCATION and ADVOCACY. VOTER EDUCATION provides a vital service to the citizens of Colorado. The Education Fund provides the public with factual and unbiased information about ballot issues and candidates to help them in making informed decisions at election time. In addition to encouraging eligible voters to register and vote, the League provides information to help them understand the political LL #1/Page 4

5 process and be active participants in government. Voter Education efforts are administered by the League of Women Voters Education Fund, a 501(c)(3) non-profit organization. Financial support for the voter education area comes primarily from the following sources: grants, financial contributions, and in-kind contributions In the ADVOCACY area, the League studies many public policy issues related to government, natural resources and social policy. We may take action in support of or opposition to an issue after thorough study and consensus by our members. The League takes action at all levels of government. These actions include offering briefings and workshops to inform our members, lobbying before government bodies, conducting petition drives, publishing information for the general public and the news media, and holding open informational meetings. Program efforts are administered by the League of Women Voters of Colorado, a 501(c)(4) non-profit organization. Financial support for the program area comes from the following sources: membership dues, conferences and special events, contributions, and sale of publications. Board members and volunteers donate hundreds of hours to a variety of activities, including writing publications, researching ballot issues, lobbying at the legislature, and answering the voter hotline. League of Women Voters of Colorado President Flodie Anderson Legislative Action Chair Kaye McGann Lobbyist Christine Watson Staff Sandy Eid LEGISLATIVE LEADERSHIP IN 2006 SENATE President of the Senate President Pro-Tem Majority Leader Asst. Majority Leader Minority Leader Asst. Minority Leader Majority Caucus Chair Joan Fitz-Gerald Peter C. Groff Ken Gordon Brandon Shaffer Andy McElhany Nancy Spence Jim Isgar HOUSE OF REPRESENTATIVES Speaker of the House Andrew Romanoff Speaker Pro-Tem Cheri Jahn Majority Leader Alice Madden Asst. Majority Leader Michael Garcia Majority Caucus Chair Mike Cerbo Majority Whip Dorothy B. Butcher Minority Leader Mike May Asst. Minority Leader David Balmer Minority Caucus Chair Bill Cadman Minority Whip Cory Gardner CAPITOL DIRECTORY Information Center/Bill Room Governor s Office Joint Budget Committee Legislative Council Legislative Legal Services Reviser of Statutes House Members both parties Democratic Senators Republican Senators Office State Planning & Budgeting Toll-free numbers from outside Metro area: Governor Senate House Legislative Home Page: LL #1/Page 5

6 2007 HOUSE COMMITTEES OF REFERENCE AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES Representatives Curry (Chair), Gallegos (Vice-chair), Fischer, C. Gardner, Gibbs, Hodge, Looper, McFadyen, McKinley, McNulty, Rose, Solano, Sonnenberg Staff: David Beaujohn Tues & Wed, 9:00-noon (rm 0107) Wed., 1:30-6:00 (rm 0107) Fri., 2:30-4:00 (rm 0107) APPROPRIATIONS Representatives Buescher (Chair), Pommer (Vice-chair), Butcher, Garcia, Judd, J. Kerr, Massey, McGihon, McNulty, Riesberg, Vaad, Weissman, White BUSINESS AFFAIRS & LABOR Representatives Marshall (Chair), Rice (Vice-chair), Balmer, Butcher, M. Carroll, Cerbo, Jahn, King, Liston, Soper, Stephens As announced Legislative Services Bldg. 3 rd Floor Staff: Christie Lee Mon & Thur, 1:30-6:00 (rm 0107) Fri., 1:00-2:30 (rm 0107) EDUCATION Representatives Merrifield (Chair), Solano (Vice-chair), Benefield, Casso, Fischer, C. Gardner, A. Kerr, Massey, Mitchell, Peniston, Rose, Summers, Todd Staff: Jamila Rockette Mon & Thur, 1:30-6:00 (rm 0112) Fri., 1:00-2:30 (rm 0112) FINANCE Representatives Judd (Chair), Benefield (Vice-chair), Borodkin, Frangas, Garcia, Kefalas, Labuda, Lambert, Lundberg, Marostica, Mitchell Staff: Ron Kirk Tues & Wed, 9:00-noon (rm 0111) Wed., 1:30-6:00 (rm 0111) Fri., 2:30-4:00 (rm 0111) HEALTH AND HUMAN SERVICES Representatives McGihon (Chair), Frangas (Vice-chair), Gagliardi, Green, Kefalas, J. Jerr, Primavera, Riesberg, Roberts, Stafford, Swalm JUDICIARY Representatives T. Carroll (Chair), M. Carroll (Vice-chair), Cerbo, B. Gardner, A. Kerr, King, Levy, Marshall, Roberts, Stafford, Stephens LOCAL GOVERNMENT Representatives Hodge (Chair), McKinley (Vice-chair), Curry, Gagliardi, B. Gardner, Hicks, Looper, Peniston, Soper, Summers, Witwer Staff: Kelly Stapleton Mon & Thur, 1:30-6:00 (LSB-A) Wed., 9:00-noon (LSB-A) Fri., 1:00-2:30 (LSB-A) Staff: Jessika Shipley Tues & Wed, 9:00-noon (rm 0112) Wed, 1:30-6:00 (rm 0112) Fri., 2:30-4:00 (0112) Staff: Raegan Robb Tues., 1:30-6:00 (rm 0111) Thur, 9:00-noon (rm 0111) Fri., 4:00-5:30 (rm 0111) STATE, VETERANS, & MILITARY AFFAIRS Representatives Weissmann (Chair), Todd (Vice-chair), Cadman, T. Carroll, Casso, Gallegos, Jahn, Labuda, Lambert, Liston, Lundberg Staff: Bo Pogue Tues., 1:30-6:00 (rm 0112) Thur, 9:00-noon (rm 0112) Fri., 4:00-5:30 (rm 0107) TRANSPORTATION & ENERGY Representatives McFadyen (Chair), Gibbs (Vice-chair), Borodkin, Green, Levy, Marostica, McNulty, Merrifield, Primavera, Rice, Sonnenberg, Swalm, Vaad JOINT BUDGET COMMITTEE Representatives Buescher (Vice-chair), Pommer, White Staff: Lauren Sisneros Tues, 1:30-6:00 (rm 0107) Thur., 9:00-noon (rm 0107) Fri., 4:00-5:30 (rm 0107) Mon - Thur upon adjmt. See daily calendar. 3 rd Floor, Legislative Svcs Bldg. LL #1/Page 6

7 2007 SENATE COMMITTEES OF REFERENCE AGRICULTURE, NATURAL RESOURCES, AND ENERGY Senators Jim Isgar (Chair), Gail Schwartz (Vice-chair), Greg Brophy, Ted Harvey, Chris Romer, Jack Taylor, Lois Tochtrop APPROPRIATIONS Senators Abel Tapia (Chair), Moe Keller (Vice-chair), Greg Brophy, Peter Groff, Ted Harvey, Steve Johnson, Mike Kipp, Stephanie Takis, Jennifer Veiga, Sue Windels BUSINESS, LABOR AND TECHNOLOGY Senators Jennifer Veiga (Chair), Lois Tochtrop (Vice-chair), Ken Kester, Gail Schwartz, Stephanie Takis, Jack Taylor, Tom Wiens EDUCATION Senators Sue Windels (Chair), Ron Tupa (Vice-Chair), Bob Bacon, Mike Kopp, Josh Penry, Nancy Spence, Suzanne Williams Staff: Geoff Johnson Wed., 9:00 am noon (rm 353) Thurs., 1:30 6:00 (rm 353) Fri., 2:30 4:00 (rm 353) As announced Legislative Services Bldg. 3 rd Floor Staff: Jeannette Chapman Mon. & Wed., 1:30-6:00 (rm 354) Tues., 9:00 am noon (rm 354) Fri., 1:00 2:30 (rm 354) Staff: Jennifer Thomsen Wed., 9:00 am noon (rm 354) Thurs., 1:30 6:00 (rm 354) Fri., 2:30 4:00 (rm 354) FINANCE Senators Paula Sandoval (Chair), Chris Romer (Vice-chair), Greg Brophy, Ted Harvey, Mike Kopp, John Morse, Jennifer Veiga HEALTH AND HUMAN SERVICES Senators Bob Hagedorn (Chair), Betty Boyd (Vice-chair), Shawn Mitchell, John Morse, Scott Renfroe, Paul Sandoval, Dave Schultheis, Brandon Shaffer, Steve Ward JUDICIARY Senators Brandon Shaffer (Chair), John Morse (Vice-chair), Bob Bacon, Betty Boyd, Shawn Mitchell, Scott Renfrow, Steve Ward LOCAL GOVERNMENT Senators Bob Bacon (Chair), Gail Schwartz (Vice-chair), Ken Kester, Lois Tochtrop, Ron Tupa, Steve Ward, Tom Wiens STATE, VETERANS, AND MILITARY AFFAIRS Senators Peter Groff (Chair), Chris Romer, (Vice-chair), Ron May, Dave Schultheis, Sue Windels TRANSPORTATION Senators Stephanie Takis (Chair), Suzanne Williams (Vice-chair), Bob Hagedorn, Jim Isgar, Ron May, Scott Renfroe, Nancy Spence JOINT BUDGET COMMITTEE Senators Abel Tapia (Chair), Moe Keller, Steve Johnson Staff: Jason Schrock Tues., 1:30 6:00 (rm 354) Thurs., 9:00 am noon (rm 354) Fri., 4:00-5:30 (rm 354) Staff: Elizabeth Burger Wed., 9:00 am noon (rm 352) Thurs., 1:30 6:00 (rm 352) Fri., 2:30 4:00 (rm 352) Staff: Gilbert Escaricida Mon. & Wed., 1:30-6:00 (rm 352) Tues., 9:00 am noon (rm 352) Fri., 1:00 2:30 (rm 352) Staff: Carl Jarrett Tues., 1:30 6:00 (rm 353) Thurs., 9:00 am noon (rm 353) Fri., 4:00-5:30 (rm 353) Staff: Cathy Eslingen Mon. & Wed., 1:30 6:00 (rm 353) Tues., 9:00 am noon (rm 353) Fri., 1:00-2:30 (rm 353) Staff: Geoff Johnson Tues., 1:30 6:00 (rm 352) Thurs., 9:00 am noon (rm 352) Fri., 4:00-5:30 (rm 352) Mon - Thur upon adjmt. See daily calendar. 3 rd Floor, Legislative Svcs Bldg. LL #1/Page 7

8 DEADLINE SCHEDULE FOR THE 2007 COLORADO GENERAL ASSEMBLY January 10 January 26 January 31 February 15 February 22 February 28 March 23 March 26 March 30 April 2 April 6 General Assembly convenes. Deadline for introduction of Senate bills, except the Long Bill Deadline for introduction of House bills, except the Long Bill Deadline for Senate committees of reference to report Senate bills.* Deadline for House committees of reference to report remaining House bills.* Deadline for final passage of Senate bills in the Senate.* Deadline for final passage of House bills in the House.* Deadline for committees of reference to report bills originating in the other house.* Deadline for introduction of the Long Bill in the Senate. Deadline for final passage of Long Bill in the Senate. Deadline for final passage in the House of Senate bills.* Deadline for final passage of Long Bill in the House. April 9 Deadline for final passage in the Senate of all House bills. * April 13 Deadline for adoption of conference committee report on Long Bill. Deadline for Appropriations Committee in house of introduction to report bills referred to Appropriations Committee. April 20 April 27 May 2 May 9 Deadline for final passage in house of introduction of all bills referred to Appropriations Committee in that house. Deadline for Appropriations Committee in second house to report bills referred to Appropriations Committee. Deadline for final passage in second house of all bills referred to Appropriations Committee in that house. Adjournment sine die. STATUS SHEET The Status Sheet is a constantly updated list of bills being followed by Legislative Action Committee members. Policy Area S/H Bill # Bill Title S/O Page(s) Status Campaign Finance HB 1052 State Ballot Issue Disclosure S H-SA Campaign Finance HB 1074 Clean Campaign Act of 2007 S H-SA Energy HB 1087 Wind for Schools Grant Program S H-T&E Energy SB 22 PUC Low Income Regulatory Consideration S S-BLT Energy SB 51 High Performance State Buildings S S-AG Equality of Opp y SB 25 Sexual Orientation Employment Discrimination S S-SA Government SB 34 Reciprocity Concealed Weapons Permits S S- JUD LL #1/Page 8