Jobs and Economic Prosperity

Here’s a snapshot of my 2009 legislative agenda concerning Prosperity and Job Growth:

Ahead of the 2009 legislative session, I articulated a pro-economic growth and recovery agenda, preferring a bottom-up (prosperity is built by individuals and entrepreneurs, not governments) road to recovery versus a top-down (politicians spending other people’s money and usually over regulate) scheme.

I sponsored or supported legislation in each of the following key economic recovery areas:

Reducing the tax burden on Colorado businesses

My effort to cut out an essentially obsolete government program concerning workers compensation fees paid by businesses will save Colorado businesses (and consumers, who ultimately pay all of the taxes) a minimum of $13 million per year (SB 09-037). My aim was to provide an infusion of cash back into the economy in hopes of making it easier for employers to keep more of their workers on the payroll.

I sponsored legislation that provides a business personal property tax moratorium on new businesses trying to get started in this challenging economic environment. Eligible new enterprises include those removing beetle killed trees from high risk fire areas and converting them into commercially viable products (SB 09-016), as well as those converting landfill materials into clean electricity or those erecting solar arrays atop reclaimed landfills (HB 09-1268).

Regulatory Reform

Ronald Reagan once quipped that, “Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.”

It seems that most well-intentioned regulatory schemes evolve over a period of time into bigger, costlier, more out-of-touch bureaucracies. These are almost always in need of reforms in ways that benefit the businesses and consumers involved, since business practices and consumer habits change over time.

I fought against (the 10% part of) the Governor’s new oil and gas rules and regulations that will cost Colorado jobs and make it more difficult for oil and gas producers to help Colorado move toward energy independence (HB 09-1292).

I supported amendments to the rules which both added stronger waterway protections and eased some of the most onerous restrictions on production. I also sponsored legislation that would have streamlined the regulatory environment oil and gas producers operate in by putting all the regulators under one roof (inside of the Colorado Oil and Gas Commission) rather than under two roofs as it is now (HB09-1255). Since wind and solar power both require natural gas generated electricity as a back up, it makes no sense to advocate for only wind and solar power, to the detriment of natural gas production.

I was also pleased to sponsor bills streamlining the regulation of truck drivers (HB09-1244) and tow truck operators (HB09-1279) which will save both types of businesses time will add to their bottom lines.

Accelerating Colorado energy production

I believe in making America energy independent. And I believe in using all forms of energy available to us and that we can do this by protecting our state’s land, air and waterways.

To help meet Colorado's growing demand for energy, I sponsored a bill to advance the development of hydro and solar power. The bill also streamlined the process of getting a nuclear plant sited in Colorado (upon the request of a local community) and even provided incentives for Geo Plasma Gasification operations to come in and convert municipal landfill materials into clean electricity (HB09-1268).

I sponsored legislation that streamlined the process of permitting clean coal operations (HB09-1098) and a bill that would have created an oil shale task force (HB09-1231) that was to make policy recommendations to the General Assembly.

Making government spending more transparent

It’s time for governments at all level to make more use of readily available electronic and internet-based technologies in order to make spending more transparent. We should give all taxpayers the ability to look over our shoulders and see what is happening with their money.

I sponsored a bill that will put Colorado’s checkbook register online (HB09-1288). With a few mouse clicks, anyone in Colorado (or with a web connection!) will be able to see exactly how taxpayer money is being spent. I also co-sponsored bills that do the same thing for school districts (SB09-57) and special districts (SB09-87).

The Good, the Bad, and the Ugly

Here's a quick rundown of some of the week's events. I'll call it the Good, the Bad, and the Ugly report.


First, to the good.


Tax cut bill making headway:
I was pleased to pass SB 37 out of the appropriations committee today. This is a big tax cut for all businesses in CO that pay workers compensation insurance that should amount to about a $25 million annual savings to taxpayers. The bill has a pretty good voyage ahead of it still, but things look good right now.


Wildfire and Natural Resource Bills
My bill to leverage existing state resources into wildfire prone communities (SB 18) passed the full senate today. Next week it begins its journey through the house. I am also the senate sponsor of a bill that gives environmental regulators a new tool to compel compliance with solid waste disposal rules and regulations (HB 1056). This is not a typical kind of bill for me to carry, but in some cases it was cheaper for a business to risk getting a fine and dump raw sewage into a waterway, than it was to follow the law and dispose of the waste properly. I worked closely with industry advocates and regulators to be sure common sense environmental stewardship, not revenue generation, was the goal. I am confident that we have done it right, but as always: trust but verify. The bill moves to the senate appropriations committee next after receiving unanimous support in both the Senate Health and Human Services and Senate Finance committees.


Abandoned Vehicles and Truck Driver Regulatory Reform
I am carrying a bill to help tow truck companies recover their costs more quickly from the state when they help state patrol clear roadways (HB1279). Actually, this bill will really help these small businesses by simply streamlining a few outdated laws. The bill received it's first hearing in the senate this week and will likely pass the whole senate next week. Next week I introduce a bill to take trucking out of the Pubic Utilities Commission as they are already a regulated industry (HB 1244). This move will save trucking companies some money and make a modest reduction of government.


Now, on to the bad
This week the CO Supreme Court ruled against taxpayers and for the Governor's so-called "mill levy freeze" that amounts to a tax increase without voter approval. Then, the Dems were quick to take more action of their own by passing the repeal of a state spending limit that we've had in place for nearly two decades (called the Arvescoug-Bird limit). This was also protected by the Taxpayer's Bill of Rights in the Constitution. Dems also pushed through a bill today that essentially codifies into state law civil unions by simply calling it another name. Never mind that voters already voted against a civil union proposal just a couple years ago.



The Ugly
Dems are making a push to remove Colorado from the electoral college and are hoping to join other states that want to elect presidents based on a popular vote system instead (HB 1299). And in a vicious attack on the oil and gas industry in CO, Dems are pushing through HB 1292 which applies, in the Wall Street Journal's words, "the most onerous rules" in the nation, to an industry that does more than $20 billion in business and employs 70,000 Coloradans. The irony? Colorado must produce an additional 4,900 megawatts of power by 2025. And since all wind and solar power production facilities require MORE natural gas to be produced (as they require back up power for those times the wind isn't blowing or the sun isn't shining), these rules and regulations come at exactly the wrong time. Besides, it's hard to believe the Governor would be so bent on killing jobs in a recession. But that's what he and his cohorts are up to.



Finally, news isn't all that good for many people nowadays. Sometimes it seems politicians have abandoned all common sense. I must say, I have felt that way recently. But it remains my belief that America is great because her people are good. We will truly bounce back and it will be because Americans care about leaving a free and prosperous country to their children. I hope you share that outlook!

Good In-state Tuition, Bad In-State Tuition, and Transparent Government

Here's a quick snapshot of some of the key issues I worked on this week:


In-state tuition for illegal immigration on the move (SB 170 Romer/Miklosi)

Two days ago the sponsor of the measure reported that he would like to wait to see if the federal government passed the oft-heralded amnesty bill prior to moving his bill forward. I saw the move as an attempt to find a soft place to crash land the bill and said as much as reported in the Denver Daily News are here. But today, the sponsor brought it up for debate. I led the response by laying some of the legal groundwork. The bill was moved to the appropriations committee where it will debated before coming back to the whole senate.


My In-State Tuition for Vets Bill Advances (HB 1039 McNulty/Kopp)

The bill cleared the house appropriations committee, went to the whole house, then was amended and referred back to the appropriations committee yesterday. I believe that we should roll out the red carpet to veterans as a way to honor them for their service. I think we should do what we can to recruit these skilled leaders to come to our state and help lead our state's economic long-term economic recovery.


My bill to make government transparent and accountable (HB 1288)

This bill will require the state’s expenditures to be searchable on a separate website. It is time to give citizens this tool to look over our shoulders and see how their money is being handled. The house sponsor, B.J. Nikkel, and I wrote an op-ed that appeared in the Denver Post this week. You can view it here .


My bill to protect high risk mountain communities cleared appropriations (SB 18)

I’ve talked about this bill in some detail in the past and will inform you when it clears the senate.


If you are interested in receiving Twitter updates from me, you can follow me @senate22 on Twitter. You can also follow me on Facebook by clicking here.


Finally, my new website has been under construction and will be up soon at www.KoppforColorado.com . I hope you will check it out!

Keep State Spending Limit, Limit In-State Tuition to LEGAL Residents, Cut Taxes, and Mitigate Wildfire Risks

This week we debated two major bills in the senate: one to grant in-state tuition to illegal immigrants, and one to get rid of a longstanding government spending limitation.

Both of them ignore either our state constitution or federal law. Obviously, I am opposed to both.

Ronald Reagan’s reminder that as a nation of laws, we have an obligation to follow them would be a well-timed admonition to my Democratic colleagues about now:

“We have the means to change the laws we find unjust or onerous. We cannot, as citizens, pick and choose the laws we will or will not obey.”

Maybe he was thinking of Colorado. Consider the case of two bad bills before us now:

In-state tuition for illegal immigrants – SB 170:

America is the most compassionate nation in history when it comes to reaching across seas and land borders to help others. Our value of promoting human dignity comes from within and is seen in our generous treatment of those living among us illegally.

To some however, that is not enough. I say to them, our compassion should begin extending also to the American citizens whose aspirations are stalled or slowed in order to pay for services and benefits to those who are here illegally.

SB 170 provides in-state tuition for illegal immigrants in Colorado. This ill-conceived policy has a host of problems associated with it, any one of which would provide ample grounds for working against it.

But let’s start with the fact that it is a clear violation of federal law. The landmark 1996 law known as the Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C. § 1623), reads in relevant part as follows:

“Notwithstanding any other provisions of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state (or political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”

In other words, if Colorado offers in-state tuition to illegal immigrants, it must offer the same benefit to any other person present in the entire United States. Obviously, if this bill passes, a lawsuit will be waiting in the wings by groups of students who will want the same benefit and who will have standing to sue.

In any case, it’s hard to imagine a more clear violation of federal law.

What made the bill all the more insulting was the fact that Democrats had intended on amending the bill to include veterans in Colorado who had not yet become residents… basically using veterans as pawns in their game. I commented about it here.

Democrats also pushed through a bill that violates the Colorado Constitution. I wrote about it last week, but here’s a more thorough examination.

Repeal Budget Protecting Spending Limitation -- SB 228

Colorado taxpayers have had a spending limitation in place in state government for nearly two decades now. Put simply, the provision (known as Arvescoug-Bird or simply “the 6% limit”) states that spending in the budget can’t grow more than 6% above the previous year’s spending. Because of inflation, this could easily happen, and we could have runaway spending like California did. But in Colorado, when spending hits a hit 6% increase amount, we then shift remaining funds to road building and other capital construction projects (i.e., building on college campuses), so that we’re not just growing new social programs.

Now, let me add to this, and hang on, it gets a little complicated. When the Taxpayers Bill of Rights was adopted shortly after the spending limit, it stated that limits on spending could only be weakened with voter approval. Thus, the 6% limit was frozen into the constitution of the state. To change that you need more than a roomful of liberal senators, you need a vote of the people. But, you are not getting a vote. I expect this to wind up in court.

We staged a 14 hour floor fight in an effort to stop the bill. Read about it here. After about ten hours of deliberations, the Majority party through what we saw as an abusive use of the rules, called for an end to the debate that was certain to go well into the next day, if not more.

If you want to help get this bill killed, the action is now in the house, and with the Governor. You can write to house members and contact the Governor, and ask him to veto this bill if it does reach his desk.

A couple positive notes:

Tax cut bill, alive and waiting for its second hearing – SB 37 Kopp/McNulty

My tax cut bill saving Colorado businesses (and by extension, consumers) $20-$25 million per year, is still awaiting its second hearing in the appropriations committee. It’s an important bill as it will eliminate one of the legislature’s piggy banks at the capitol that gets raided when the budget is stretched thin. In short, it cuts the amount of taxes businesses pay for two obsolete workers compensation programs and essentially gives the legislature an exit strategy so we don’t keep relying on a tax that should have been repealed several years ago.

Intergovernmental fire agreement bill advances – HB 1162 Gerou/Kopp

This bill requires cities, like Denver, which own overcrowded timber-covered lands in other counties, like Jeffco, to work together to mitigate fire risks to mountain communities.

There is nothing in current law that my constituents in places like the Conifer area can appeal to when it comes to impressing upon Denver their need to be good neighbors. I am hopeful this bill will help protect homeowners whose homes are located near some of these wild tracts of land. It passed the full senate on second reading today, meaning the final vote will be Monday or Tuesday. It should pass with flying colors. It will then go back to the house for their approval of my amendment to the bill, then to the Governor’s desk.

The Government is like a baby's alimentary canal...

Activities at the capitol this week could be sufficiently captioned:

“The government is like a baby's alimentary canal, with a happy

appetite at one end and no responsibility at the other.”

-Ronald Reagan

I’ll leave you with two examples:


SB108

Statehouse Democrats ran the quarter billion dollar vehicle registration fee bill through the legislature this week over the strong opposition of Republicans. Our car registrations will go up by more than $40 per car this year, and every year, and now local bureaucrats can put toll booths on roads you’ve already paid for. This amounts to a massive tax increase that didn’t receive voter approval as required by the Taxpayers Bill of Rights.


SB 228

Today, the Dem plan to get rid of the long-standing government spending limit came to the floor of the senate. We signaled our intent to stop the passage of this bill – that will spell runaway social program spending and a slowdown in transportation investment – by beginning debate today by having the 38-page bill at length. The rationale: if they want to ram yet another fiscally reckless bill through, we’re going to fight them at every turn to slow this down long enough for the public to find out what is about to happen. Stay tuned, and wish us luck.

You can certainly contact the Governor, encouraging him to veto SB 108 (the transportation “this-is-not-a-tax tax increase” bill. And pass the word around about SB 228 to your friends. Both of these will amount to significant new government growth in a time Coloradans can least afford it.

On the bright side, I was able to get HB1162 passed out of committee to the floor where it awaits debate. In short this bill requires governments like Denver, who own land in other counties, to enter agreements with those “host” counties when homes may be put at risk of wildfire because Denver’s land is overgrown with timber. Many of these “mountain parks” have not seen a chain saw or fire for decades and are serious cause for concern. It’s time to be good guests and work with “host” counties, like Jeffco, to create a solution.