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Where I Stand on Gun Safety Legislation

By on March 10, 2013 in Home, Legislative Update

The issue of gun safety has dominated the past few weeks of the 2013 legislative session.  It started with four bills in the House, and then three new bills met them in the Senate.  These bills reached the Senate floor, and on Friday, March 8, 2013, the Senate spent 14 hours debating this package of gun-related legislation.  Seven bills were on the floor, but only five survived.  

Since the beginning of the gun debate I’ve been watching from a distance.  As Chair of the Joint Budget Committee I keep plenty busy.  I’m not sponsoring or taking a lead role in the gun bills, so I could sit back and watch and listen as they progressed.  I was familiar with the debate around HB 1228, the bill charging a fee for background checks, because the JBC has debated this issue for the past several years.  It’s not really a gun bill, but instead a question of fiscal policy, and I’ve supported this change since my first year on JBC.  But for the rest of the bills I listened to the debate and learned more about the issues.

And the debate has been interesting, noisy and intense.  My office has received more calls and emails about guns than any other issue this year.  We’re hearing from both sides, and the volume has been overwhelming to keep up with.  Most of the messages have been from people outside Senate District 31, and indeed, all over the country.  But I’ve also heard from plenty of constituents, and I have a pretty clear idea of where most of them stand.  It’s time for common sense approaches that keep guns out of the wrong hands. 

I voted for all five of the bills that passed the Senate on Friday.  Some were easier decisions than others.  Background checks for gun sales should be required in all settings, not just at licensed dealers and gun shows.  The background check system needs this integrity.  It should be uniformly applied and the users of the system, the people making gun purchases, should pay a fee to support its operation.   I support both HB 1229 and HB 1228.

SB 195 requires applicants for concealed weapons permits to take the required training course in person with a certified instructor.  It prohibits courses taught entirely online, which are currently accepted in some jurisdictions.  This bill makes sense and has the most support of any in the package.

SB 197 amends state law to give effect to the requirements of federal law.  It requires people who have been convicted of domestic violence crimes, as well as those who have domestic violence protection orders entered against them by a court of law, to relinquish their firearms.  Federal law prohibits gun possession by such offenders but up until now we’ve had no way to enforce this requirement in Colorado.  SB 197 addresses this gap in our law and will help keep victims of domestic violence safer.

Finally, HB 1224 limits the size of high capacity magazines to no more than 15 bullets.  In the worst mass shootings, such as Sandy Hook and Aurora, a common element was high capacity magazines that allowed the shooter to fire many rounds before stopping to reload.  This bill makes exceptions for law enforcement and the military, but beyond that I see no need for more than 15 bullets at the ready.  This is perhaps the most controversial bill of the bunch, but I think it has the potential to limit the scope of future tragedies, which is exactly what these bills aim to accomplish.

Two bills failed on Friday.  Sen. Rollie Heath moved to postpone HB 1226 until after the conclusion of the session, effectively killing it.  This bill would have added buildings and sporting venues on college campuses to the list of places where concealed weapons are not allowed.  Senate President John Morse also moved to kill his own bill, laying it over to May 10, 2013.  SB 196 addressed civil liability standards for harm caused by certain assault weapons.  It created quite a stir, but it did not get a thorough debate on the Senate floor. 

On Monday, March 11, 2013, the five remaining bills will receive a final vote.  I plan to vote for all five.

I appreciate all the input I have received on this issue, especially from constituents residing in Senate District 31.  I know we don’t all agree, but I believe my position on these bills is aligned with that of the majority of my constituents. 

 

 

 

 

 

Gun Safety

By on February 9, 2013 in Legislative Update

Guns are big topic at the Capitol this year.  A variety of proposals have been introduced thus far, and more are expected.  Several have already been defeated.  On February 5, 2013, the leaders of the Democratic caucuses in the House and Senate held a press conference to announce their plans for gun safety legislation.  This post outlines the various gun bills the legislature is expected to face this session.

As of the date of this post, 14 bills about firearms have been introduced.  Here’s a quick list of those bills and where they are in the process (if no Status is indicated then no action has yet been taken on the bill):

  • HB 1043 by Rep. Mike Foote.  Modifies definition of “deadly weapon” in criminal code.
  • HB 1048 by Rep. Justin Everett & Sen. Kevin Grantham.  Expands the “Make My Day Law” to apply at businesses (current law only applies to homes).  Status: defeated in committee
  • HB 1085 by Rep. Perry Buck & Sen. Scott Renfroe.  Creates exceptions to restrictions on firearms possession by previous offenders with certain criminal convictions.
  • HB 1162 by Rep. Chris Holbert & Sen. Owen Hill.  Allows concealed weapons to be carried without a permit.
  • HB 1169 by Rep. Stephen Humphrey & Sen. Greg Brophy.  Allows concealed weapon permits holders to be exempt from background check requirements for subsequent gun purchases.
  • HB 1170 by Rep. Stephen Humphrey & Sen. Owen Hill.  Allows concealed weapons to be carried in public schools.
  • HB 1187 by Rep. Lois Landgraf & Sen. Kevin Lundberg.  Attempts to prevent new federal laws restricting firearms from applying within the State of Colorado.
  • SB 9 by Sens. Scott Renfroe and Ted Harvey & Rep. Lori Saine.  Allows concealed weapons to be carried in public schools.  Status: defeated in committee
  • SB 62 by Sen. Kent Lambert & Rep. Lori Saine.  Requires businesses that do not allow concealed weapons to be carried on their premises to hire private security.  Status:  defeated in committee
  • SB 140 by Sen. Vicki Marble & Rep. Lori Saine.  Attempts to prevent new federal laws restricting firearms from applying within the State of Colorado.

The package of gun safety legislation has not yet been heard in committee, and some of the expected bill have not been introduced.  The announced package includes:

  • HB 1224 by Rep. Rhonda Fields & Sen. Mary Hodge.  Bans sale and possession of high-capacity magazines (more than 10 rounds).
  • HB 1226 by Rep. Claire Levy & Sen. Rollie Heath.  Closes loophole allowing concealed weapons in buildings on college campuses (in response to recent ruling from Colorado Supreme Court).
  • HB 1228 by Rep. Lois Court & Sen. Rollie Heath.  Imposes a fee on the criminal background checks required for gun purchases at firearms dealers and gun shows.   CBI initial estimates put the fee at $10 to $12 per transaction.
  • HB 1229 by Reps. Rhonda Fields and Beth McCann & Sen. Morgan Carroll.  Background check modernization act expands the requirement to private sales and improves data and process for conducting checks.
  • (not yet introduced) by Sen. Lois Tochtrop & Rep. Jenise May.  Clarifies that required training courses for concealed weapon permits must be conducted in person and that online courses are not acceptable. 
  • (not yet introduced) by Sen. Evie Hudak & Rep. Beth McCann.  Clarifies domestic violence convictions and protection orders that prevent firearms transfers and improves method tracking this data for background check purposes.
  • (not yet introduced) by Sen. John Morse & Rep. Beth McCann.  Imposes strict liability standard on owners, possessors, manufacturers and dealers of certain types of firearms, excluding handguns, bolt-action rifles and shotguns.
  • (not yet introduced) by Rep. Beth McCann.  Requires mental health professionals to report patients who pose a danger of serious physical harm to themselves or others and improves method of tracking data on mental health for background check purposes.

Most of these bills are more detailed and complicated than the one sentence explanations I’ve listed above, and as with most pieces of legislation, the Devil is often in the details.  I’m particularly interested in studying Rep. McCann’s mental health bill once it is introduced.  Issues raised by this proposal are going to be tricky to navigate, as sensitive mental health information is being reported. 

As member of the Joint Budget Committee I am most interested in HB 1228 and am very supportive of this legislation to require persons buying guns to pay for their own background checks and not have this service provided at taxpayer expense.  I know gun collectors that make many purchases a year, but under current law taxpayers are subsidizing their hobby.  Those general fund tax dollars could be put to better use.

The debate on these bills is just beginning to heat up and the temperature will continue to rise.  Protest rallies for and against one side of the issue or another are happening more frequently and are likely to intensify.  Our phones are ringing and the volume of email messages from all sides of the debate is quite heavy.  In Senate District 31 I am hearing more from those wanting greater restrictions on firearms and their sales, but there are a lot of messages in support of 2nd Amendment rights as well.  And I’m getting calls and emails from people all over the state.

I am not sponsoring any gun legislation this year as I already have a full load from my role chairing the Joint Budget Committee and my continued work on Civil Unions, criminal justice reforms and other issues.  This doesn’t mean I won’t be taking part in the debate and advocating for or against the various proposals, but legislators like Rep. Beth McCann and Rep. Rhonda Fields are out in front of these issues and I appreciate the difficulty of the controversy they are taking on.

Your New JBC Chair

By on November 15, 2012 in Home, JBC

 

On November 8, 2012, just two days after the general election, I was elected by my colleagues in the Senate to serve another two years on the legislature’s Joint Budget Committee.  The JBC began it’s annual budget process the next week and the first order of business was electing a new chair.  This position rotates each year between the House and Senate, and in the year following a general election a senator chairs the committee.  In the year preceding the election the House of Representatives gets their turn.

I am happy to report that I was unanimously elected Chair of the Joint Budget Committee on November 14, 2012.  Rep. Claire Levy of Boulder is the new Vice-Chair, and next year at this time we’ll switch titles.  It is an incredible honor to be entrusted with the responsibility to lead our budget process.  The role of JBC Chair has been called the most powerful position in the legislature, and while I consider this assertion to be somewhat debatable, it isn’t that far from the truth.  My good friend Rep. Mark Ferrandino may better resemble that remark… Congratulations Mr. Speaker!

The JBC is already hard at work, and I’m looking forward to the tasks at hand.  Five of the six JBC members from the previous legislature remain on the committee, so our working relationships are strong.  Rep. Crisanta Duran of Denver is the only new member this year and she seems eager to learn and contribute.  And of course, with an improving economy we won’t be facing as many painful decisions as was the case the past two years.  That is, unless Congress drives us over the fiscal cliff… but that’s another blog post.

For those of you following me on Twitter (find me @PatSteadman), I’ll probably be tweeting a little less during JBC hearings.  I’ve never been that prolific at tweeting, but last year I would often report significant decisions or the subject matter of various hearings.  Now that I’m chairing the committee I doubt I’ll be able to reliably tweet quite as much.  But you can always keep up with us by following Sen. Kent Lambert (find him @KentLambert), as he’s been very good at tweeting links to our JBC staff documents and where we are on our agenda.  You’ll get a different spin on the action, but you’ll still know what we’re up to. 

Throughout November and December the JBC receives briefings from staff on the departmental budget requests, and then holds hearing with state agency officials to discuss their funding and programs.  In January our focus shifts to mid-year “supplemental” appropriations that adjust spending in the current fiscal year and keep our budget in balance.  Then we spend most of February and March ”figure setting” to determine the amount of funding for each line item in the Long Bill.  If we’re on schedule, I’ll introduce the Long Bill in the Senate on Monday, March 25, 2013.  I’m going to be pretty busy for the next five months or so… wish us luck!

 

 

First Term “Top 10 List”

By on October 1, 2012 in Home, Legislative Update

A Record of Accomplishment

As I reflect back on my first term in the Colorado State Senate I marvel at how quickly those first three years went by.  I also take stock of all I accomplished in those first three years.  Although the accomplishments are numerous, I’ve condensed them into a Top Ten List, grouping multiple bills under thematic headlines that highlight the issues I’ve emphasized.  But first, some statistics:

  • Over the course of three legislative sessions I was the prime sponsor of 104 bills, 37 of which I introduced in the Senate and the remaining 67 were bills that originated in the House of Representatives. 
  • Of those 104 bills, 77 were signed into law by the Governor and one additional bill became law without the Governor’s signature. 
  • 23 of the bills I sponsored in the past two years were bills originating in the Joint Budget Committee that I carried on behalf of the Committee.

 

Top Ten Accomplishments of My First Term in the Senate:

10.  Balanced Budget Committee

In November 2010 my Senate colleagues elected me to serve on the Joint Budget Committee.  This bipartisan committee has the responsibility to carry out the state legislature’s single most important duty: to pass a balanced budget each year.  During my first year on the Committee we faced a $1 billion shortfall and were forced to make serious cuts and transfers.  This past year we saw revenues start to rebound, meaning fewer cuts and transfers, but we haven’t begun to restore the deep cuts to K-12 and higher education.  Both budget bills written by the JBC in my two years on the Committee won overwhelming bipartisan support. 

9.  Supporting Public Education

Thanks to my background in school finance, in my first year I found myself assigned to the Conference Committee for the School Finance Act.  In a year in which deep cuts were made to school funding, I had unsuccessfully tried to amend HB 10-1369 to ensure reductions were fairly borne by all school districts.  Although my proposal failed to pass during Senate debate of the bill, it later became the compromise position in conference.  Thus began my role enacting complex changes to the school finance formula, a role that continued as the lead JBC member on school finance and sponsor of JBC bills adjusting the formula to keep the budget in balance (SB 11-157 and HB 12-1201).  I’m especially proud of the work of the JBC this year to grow the balance in the Permanent Fund, an inter-generational trust benefiting public education in Colorado.  Earnings from state trust lands dedicated at statehood are supposed to be deposited in the Permanent Fund, but in recent years they’ve been used to partially offset some of the cuts to public education.  SB 12-145 begins the process of reversing this trend, allowing the Permanent Fund to grow by $18 million in FY 2011-12.

8.  Giving Kids a Chance

As a member of the Early Childhood & School Readiness Commission I sponsored bills to improve the quality of preschool teachers (HB 10-1030) and ensure continuity and quality in early childhood programs (HB 10-1035).  I sponsored a bill that had been recommended by the Child Welfare Action Committee to improve court procedures in dependency and neglect cases (HB 10-1359).  I worked with the Boys & Girls Club to address regulatory issues with the Department of Human Services, creating licensure for neighborhood youth organizations (HB 10-1044 and HB 12-1228).  And a bill I helped pass in 2011 (HB 11-1254) requires school districts to update their policies to do more to prevent school bullying, because every child deserves a safe and respectful learning environment.

7.  Clean Syringe Exchange

Clean syringe exchange programs are an important strategy for protecting public health. SB 10-189 allows local boards of health to approve programs to operate in their jurisdiction under an exemption from the criminal drug paraphernalia law. There is solid scientific research that demonstrates these programs, some of which have been operating in other parts of the country and around the world for over two decades, prevent the spread of blood-borne diseases such as Hepatitis C and HIV and do not lead to increases in drug use or criminal activity.  Since Gov. Ritter signed SB 189 into law, two new syringe exchange programs have been implemented in Denver and a third will soon begin in Larimer County. 

6.  Investing in Colorado’s Energy Economy

One of Governor Hickenlooper’s top priorities for the 2012 session was restoring funding for the Colorado Energy Office.  My JBC colleague Rep. Jon Becker and I sponsored HB 12-1315 to continue Colorado’s investment in new energy technologies and jobs and make available new funds to promote efficient use of traditional energy sources, also an important source of jobs.  You can find more of the backstory in a recent issue of 5280 Magazine and their in-depth profile on the Governor’s first year in office.

5.  Tax & Fiscal Policy

I’ve worked to boost and stabilize state revenues, and to make our tax policy more rational and transparent.  Tax amnesty was only half the story behind SB 11-184.  While the tax amnesty program was popular and helped collect over $16 million in taxes owed to the state ($9 million of which was credited to the State Education Fund), the tax reporting provisions of the bill will benefit the state for years into the future.  SB 184 requires the compilation of information regarding tax expenditures in Colorado law, allowing us to see and quantify where exemptions, credits and other loopholes in the tax code cause revenue reductions.  Hopefully, fairer taxation will result.  In addition to SB 184, I’ve passed numerous bills on tax policy, including HB 10-1055, HB 10-1060, HB 11-1296, HB 12-1353 and HB 11-1146, which took important steps to reform agricultural designations for property tax purposes in light of serious abuses. 

4.  Promoting Arts & Creative Industries

As an art lover I enjoy the arts in all their various forms, but as a legislator I’ve been an arts booster, making sure they are included in our economic development and job creation strategies.  I was appointed to the Creative Economy Panel and sponsored one of the bills they recommended.  My involvement in SB 10-094 and the Art in Public Places Program gave me a new appreciation for public art and got me appointed to the art selection committee for the new Judicial Center.  On the JBC I helped the Council on the Arts avoid significant budget cuts.  I’m also proud of HB 10-1273, which strengthens art education programs in public schools.  Arts and creative industries are a big economic driver all across Colorado, and especially here in Denver.

3.  Jobs & Economic Development

State government has a role in creating economic opportunity and jobs for Coloradans.  The state is key customer for construction contractors, whether they are building or maintaining state facilities or paving and repairing Colorado’s highways.  Investments in infrastructure create construction jobs.  Our budget woes have curtailed some projects, but many are proceeding in communities around the state.  As a member of the JBC I’ve supported capital construction projects and made sure they fit in our budget.  I’ve passed legislation to increase funding for economic development incentive programs that bring new jobs to Colorado (HB 12-1360).  I’ve supported the bioscience industry in Colorado by extending their grant program (HB 11-1283) that brings highly skilled, good paying jobs to our state.  And as noted elsewhere in this list, I’ve championed job creation legislation in creative industries and new energy technologies.  Colorado government partners with the private sector to keep our economy moving forward.

2.  Criminal Justice Reforms

This topic has been my greatest passion during my first term in office.  I serve as a member of the Drug Policy Task Force of the Commission on Criminal & Juvenile Justice and have sponsored several bills drafted through this process.  I’ve championed evidence-based approaches to reducing recidivism that help drug offenders access treatment and escape lives of crime and addiction.  Drug offender sentencing and treatment reform bills have included HB 10-1352, HB 11-1064, SB 11-096, SB 12-104 and SB 12-163.  I’ve also passed smart on crime legislation that protects juveniles from sexual assaults in detention facilities (HB10-1277), corrected the application of sex offender laws to public indecency crimes (HB 10-1334), helped people with criminal records find employment after prison (HB 12-1263) and strengthened the Fourth Amendment rights of citizens during police encounters (HB10-1201).  Judicious use of the police power of the state and effective sentencing laws promote public safety, personal liberty and respect for the law.

1.  Making Civil Unions Inevitable

I have every confidence that 2013 will be the year we pass Civil Unions legislation in Colorado.  Public support for my bill grows each year.  Most people were dismayed at the extreme maneuvers that thwarted the bill in 2012 and most observers are saying that fiasco will not be repeated.  I’ve vowed to bring the bill before the legislature each year until it passes.  We’re almost there; the inevitability is palpable.  As Shakespeare wrote, “the course of true love never did run smooth,” but with persistence on our part “all shall be well.”

 

 

HB 12-1345: A Good, Old Fashioned School Finance Act

By on May 24, 2012 in Home, Legislative Update

In a speech on the Senate floor I praised this year’s school finance act as a return to the good old ways of the past, where school funding increased and various items of spending were included in the bill to assist school districts with current challenges.  Colorado hasn’t seen a school finance act like this for several years, as austerity demanded moribund legislation and a billion dollar “negative factor” to reduce overall spending.  As I said on numerous ocassions this year, we’ve turned a corner and are now working to get school funding back on track.

The State of Colorado has been sued by a group of parents and students who claim our system of school funding is so inadequate it violates the state constitution.  A Denver District Court judge agreed with them, and her ruling is now on appeal to the Colorado Supreme Court.  A decision in the Lobato case may come sometime early next year.

A few quick points about school finance in Colorado may be helpful.  Voters amended our state constitution in 2000 to mandate that funding keep pace with inflation and growth in student enrollment.  “Amendment 23,” as the measure appeared on the ballot, also required an extra 1% increase for the first ten years of its implementation to catch up for how far we had fallen behind in years in which the legislature failed to provide inflation increases.  That ten-year period of “plus 1%” has now expired.  To implement the inflation increase the legislature must pass a bill each year, a bill we refer to as the “school finance act” but technically this bill amends the School Finance Act of 1994.

The inflation increase required by Amendment 23 is applied to a base amount of per pupil funding.  That figure is set in statute and gets augmented each year.  But the base per pupil amount is then multiplied by a series of “factors’ in a complex formula that is also set in statute.  These factors vary for each school district and take into account regional differences in cost of living, student demographics and populations.  A “size factor” helps districts with small populations scrape together enough money on a per pupil basis, while it does little for large, urban districts with thousands of students.  The product of this formula is each school district’s “total program,” which equals the per pupil revenue times the number of students.

To avoid the required inflation increases of Amendment 23 during the recent recession and resulting budget shortfalls a new factor was inserted in the school finance formula.  Known as the “negative factor” the sole purpose of this adjustment was to work a reduction in funding.  There was no other way to balance the state budget without cuts to K-12 education.  Over the course of three years of shortfall the negative factor has now grown to approximately $1 billion.  To comply with Amendment 23 the per pupil base amount was dutifully inflated each year, and then the negative factor was applied to frustrate the purpose of the required increase.  I describe this unfortunate reality as complying with the letter of the law while eviscerating the intent of voters when they placed the mandate of Amendment 23 in the state constitution.

With that background in mind, let’s now focus on HB 12-1345 and why I see it as a good, old fashioned school finance act:

The most important feature of HB 1345 is the $57.2 million general fund appropriation it carries.  This is the first time in three years that total state spending on school finance has increased, rather than decrease.  This $57.2 million pays for the projected growth in student enrollment this fall.  With this funding, the average per pupil revenue that most school districts receive will remain flat, but because enrollment is growing this per pupil amount is multiplied by more students, so most districts will see increased funding.  Stated differently, without this $57.2 million state funding would have stayed flat, but increased enrollment would have spread this amount more thinly over a larger student population, so per pupil funding would have declined.

As you can probably tell, school finance is a complex system and I’m something of a school finance geek.  I’ve worked with the formula and this system since just after its adoption in 1994.  I’ve seen a lot of annual school finance acts and I can fairly assess how HB 1345 compares.  While it does not appropriate the increases our schools need and deserve, it does move in a positive direction.  And it also has a variety of small provisions that address different programs, making modest adjustments and adding funds here and there.  Here’s a quick list:

  • $1 million increase to state support for charter school facilities.  Unless they were given a building by their district, charter schools often struggle to afford suitable facilities.  Even in district buildings, capital maintenance and renovation costs are difficult because charter schools don’t have a property tax base.  This line item in the education budget provides a per pupil stipend to qualifying charter schools, but it hasn’t been increased in years.  Because charter school enrollment continues to grow, the state funds were getting spread thinner and thinner.  This $1 million increase helps combat the dilution of these funds.
  • $1.3 million for Regional Service Cooperatives administered by Boards of Cooperative Educational Services.  These funds will primarily help small, rural school districts that band together for regional administration of various functions and programs.  This program was created a few years ago but only funded in its initial year.  It lost funding due to the budget crisis, but that funding has now been restored.
  • $480,000 for the School Counselor Corps Grant Program.  This amount restores a budget cut the program was facing.  This grant program puts licensed school counselors in middle and high schools across the state in districts that otherwise could not afford them.  It’s unfortunate that school counselors are sometimes viewed as expendable, but in tough budgetary situations they often are the first to go, right before the art teacher and the music teacher and… You can see how this works.  This grant program puts counselors where they are needed most and is collecting data to show the impact on drop-out rates, graduation rates and college admission rates.
  • $3.8 million to reimburse school districts and charter schools for serving at-risk students.  At-risk funding is a factor in the school finance formula.  But once it is embedded in the formula’s product per pupil amount, it gets lost and doesn’t always follow at-risk students to the schools where they are actually served.  Attempts to remedy this situation in the past have failed because of the complicated set of “winners and losers” that would be created.  By adding this $3.8 million we avoid creating losers and the real winners are the at-risk students that will now see additional resources for the schools they attend.
  • $3 million for literacy assessment equipment and training for students in grades K to 3.  This funding compliments HB 12-1238, the early literacy bill.  Funds will be made available to school districts to purchase and support new technology solutions for assessing a student’s literacy deficiencies and remedial programs.  Handheld devices for teachers and the software and support that goes with them will be prioritized for schools in poor neighborhood with greater percentages of at-risk students.

The inclusion of all these extra appropriations for various and sundry things is a refreshing change to the school finance acts we’ve seen in recent years.  Traditionally, the sponsors of the school finance act have been able to choose a program to champion and negotiations between the House and Senate determined how many and how much could be afforded.  HB 1345 continues in this tradition, and it felt good to vote for and co-sponsor this bill.