Author: doris beaver

Doris Beaver’s
EYE ON THE LEGISLATURE . . . 
March 12, 2012 

Due to the importance of Senate Bill 12-001, Eye on the Legislature will depart from the usual policy of not updating once a bill has been written about. 

“Late Breaking” on SB 001 (the hire Colorado bill) is an amendment by the Senate Local Government Committee that “exempts contracts that are federally funded, if the preferences would make them ineligible for federal funding.” 

In the Colorado Legislative Staff’s state and local impact analysis, the Colorado Department of Transportation’s statement was included that explained the bill as introduced would jeopardize federal highway funds of more than $350 million in the first year the bill became effective. With the current state of Colorado’s budget, loss of any federal highway funds, much less $350 to $500 million annually, would be catastrophic. 

The amendment explains the suspension of the clause in SB 001 inconsistent with federal law: “. . . This section shall be suspended but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law.” 

House Bill 12-1126: “Concerning On-Site Wastewater Treatment Systems (OWTS),” includes two reasons significant for justifying the need for such a bill: 

To preserve the environment and protect the public health and water quality; 

To eliminate and control causes of disease, infection and aerosol contamination; and 

To eliminate and control the pollution of air, land and water. 

The “On-Site Wastewater Treatment Systems Act” is meant to modernize and simplify the current laws on the books for such systems, including: 

disposal of sewage would be referred to as “sewage is treated;” 

authorizes performance-based approaches to the regulation of OWT s; 

requires advisement of the water quality control commission as to the appropriateness of adopting new rules to reflect scientific advances in OWTS; 

allows greater flexibility by the water quality control commission and local boards of health to regulate OWTS; 

withdraws from local boards of health and places within the purview of the commission, the authority to specify by rule mandatory tests that must be performed on OWTS(s); 

modifies rule pertaining to emergency use permits and gives the “ability of a local public health agency to allow use of a malfunctioning OWTS under the terms of and concurrent with, a repair permit;” and 

reaffirms that a “local board of health has the authority to prohibit permits for an OWTS when the OWTS will constitute a hazard to public health or water quality.” 

On March 6 th, HB 1126 passed its third reading in the House by a vote of 60-4. 

Sponsors of House Bill 12-1126: Representative Cheri Gerou, R-Jefferson, 866-2582; and Senator Ellen Roberts, R-Archuleta, Dolores, LaPlata, Montezuma, Montrose, Ouray, San Juan and San Miguel, 866-4884. 

House Bill 12-1159: This bill is about the election of county commissioners in counties with less than 70,000 population by the voters residing in the district from which a commissioner runs for election. 

Apparently, the legislators behind HB 1159 are somewhat clueless as to the idea that all Coloradans being represented are entitled to a vote on who represents them. 

The importance of residents in a county having a vote on who represents them is this. Commissioners have a propensity to take matters of public policy upon themselves – not putting them to a vote of the people. The vote to allow medical marijuana dispensaries in a county despite that growing and selling marijuana is a violation of federal law is a “screaming” example of just such a matter. 

The ramifications of voters being denied the right to vote on who represents residents of a county is downright mind boggling. The vote in the House of Representatives (60-4 for passage) is sad indeed, and demonstrates just how many of Colorado’s elected representatives are unaware of their job/responsibility – REPRESENT COLORADANS! 

The bill allows for change in the methods of electing county commissioners: 

authorizes the board of county commissioners to refer the question to the voters; 

alternatively, qualified voters may file a petition to have the question placed on the countywide ballot at the next general election; and 

any change applies to the terms of newly elected commissioners, with the terms of office of the three presently elected commissioners remaining unchanged. 

The local fiscal impact analysis by the Colorado Legislative Services staff points out that based on the 2010 Census, 53 of Colorado’s 64 counties fall into the category of less than 70,000. The analysis also notes that although HB 1159 “allows for an alternative method of electing county commissioners, it does not require that the current method be changed.” 

HB 1159 has already passed third reading in the House by a vote of 61-4, and awaits Senate action. 

Lead Sponsors of House Bill 12-1159: Representative J. Paul Brown, R-Archuleta, LaPlata, Montezuma, San Juan, 866-2914; and Senator Jeanne Nicholson, D-Archuleta, Dolores, LaPlata, Montezuma, Montrose, Ouray, San Juan and San Miguel, 866-4884. 

House Bill 12-1287: Postponed indefinitely, HB 1287 would have capped “the total cost to the state for senior property tax exemption at 1.02 percent of General Fund revenue beginning in property tax year 2012.” 

What this would have meant in dollars – assuming a statewide average mill levy for property tax year 2010 of 73.22 mills: Under current law, homes worth more than $200,000.00 would receive an exemption equal to 50 percent of the first $200,000.00, or $583.00; HB 1287 would have lowered the $200,000.00 value to $153,000.00, or $446.00. 

Representative Dan Pabon, D-Denver, sponsored HB 1287. At the time of postponement, the bill had no sponsor in the Senate. 

The reader’s comments or questions are always welcome. E-mail me at doris@dorisbeaver.com. 

Doris Beaver