Lazy Lobbyist’s Cutting and Pasting Goes Awry

An example of the kind of mistake that well-paid legislative lobbyists should always avoid making, supplied in a veto request, dated this past Wednesday, that we were forwarded from the Colorado Municipal League to Gov. John Hickenlooper regarding the firefighter collective bargaining bill Senate Bill 13-025.

The CML's five-page letter recites the same boilerplate objections to this bill heard in testimony. Take note of the fact that Senate Bill 13-025 is an updated version of a similar firefighter collective bargaining bill from 2009, Senate Bill 09-180, which was vetoed by then-Gov. Bill Ritter. Proponents this year believe they have made enough changes to settle the objections Hickenlooper's office originally had to the bill.

Opponents, however, apparently haven't updated their talking points a bit.sb025vetoletter
On page 4 of the CML's veto request, dated May 8th of this year, the letter's "author" misses several references to 2009's Senate Bill 180. This means, of course, that the CML copied and pasted their 2009 veto request, then started "editing" to update it. We would assume, among other things, that the members of the CML are paying salaries in 2013 for 2013 work product, not a botched rehashing of four-year-old talking points. At least they remembered to change the Governor's name from "Ritter" to "Hickenlooper."

On the other hand, maybe the staff at CML work cheap.


Full story: Lazy Lobbyist’s Cutting and Pasting Goes Awry

Denver Post Not Fooled by Hick’s Late Fracking Move

The editorial board of the Denver Post weighs in today on the legislature's failure to pass a bill that would have increased fines for oil and gas rules violations:

The bill that would have rewritten the fine structure, however, died on the issue of minimum mandatory daily fines. Sponsors could not muster the votes for the idea, which faced substantial opposition from industry and Gov. John Hickenlooper.

So, instead of compromising and accepting a bill without the minimums, the whole measure died. That shouldn't have happened…

The governor's order that the Colorado Oil and Gas Conservation Commission address the fine structure is really more political cover than substantive policy change. [Pols emphasis]

This may all seem like inside baseball, but it has broader implications and is illustrative of the forces at work in shaping oil and gas regulation in Colorado. There must be fewer all-or-nothing battles and more realism and cooperation when it comes to industry regulation.

Fox 31's Eli Stokols reported earlier in the week that Hickenlooper badly wanted to see this bill move forward — albeit after his office lobbied heavily to make sure it was watered down — so that he could try to get out from the growing pile of accusations that he is doing the bidding of the oil and gas industry. It's not good for the Governor when Democratic lawmakers are openly questioning Hickenlooper's interference on all things fracking. Here's Fox 31 from Wednesday:

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Full story: Denver Post Not Fooled by Hick’s Late Fracking Move

The 2013 Colorado Legislative Session In One Word

Will need Tylenol soon.

Nothing on the calendar.

The afterparties ran late into the night after adjournment sine die yesterday afternoon of the first regular session of the 69th Colorado General Assembly. Both sides agree that this was the most momentous legislative session in many years, reaching beyond the memory of just about everybody working in or around the state capitol today. That's where the agreement ends, of course, and the descriptive terms for this year's session diverge into polar opposites based pretty much entirely on party affiliation.

Your hosts now face the enormous task of recapping and summarizing this historic legislative session in the coming days. To kick things off gently on this sleepy Thursday morning, give us your one-word description of this year's legislative session in comments below.

We'll start with a word you can barely pronounce with a hangover: "determinative."


Full story: The 2013 Colorado Legislative Session In One Word

“Overreach” is Overwrought. Give it a Rest.

There are 65 members of the Colorado House of Representatives, and 35 members of the Colorado State Senate. The Colorado legislature as a whole is a representative body, with each Senator representing about 143,691 constituents, and each House member standing for 77,372 Coloradans.

The Colorado Constitution outlines the makeup and duties of the state legislature, but it is a guarantee in the United States Constitution that every state shall have a republican form of government (with representatives elected by the people), rather than a direct democracy governed by the citizens.

Even Dawson doesn't cry this much.

Even Dawson didn’t cry as much as Colorado Republicans in 2013

Why the brief history lesson? As the legislature closes out its 2013 session, Republicans and some political pundits are busy accusing Colorado Democrats of "overreaching" for passing a lot of progressive pieces of legislation, yet they seem to forget that this "republican form of government" is guaranteed by the U.S. Constitution. Members of the Colorado legislature are elected by popular vote, the purpose of which is to see that the majority of Colorado citizens are not overruled by the minority. It is a logical extension of the process that the minority may not be happy with the results of an elected body chosen by the majority.

To put it bluntly, that's kind of the point. The system is working as designed.

But don't tell that to Colorado Republicans. Take this recent press release from the Colorado House Republicans titled: "ICYMI: Democrats continue to run up the score."

The posting from the House GOP quotes liberally from an April 28th story in the Denver Post, though they notably failed to quote the sillier parts of the story about a "marathon legislative session":

Rep. Frank McNulty of Highlands Ranch raced to the microphone and, in a thundering voice, accused Democrats of "doing a touchdown dance at the expense of the minority." [Pols emphasis]

…Republicans have accused Democrats of "overreaching," waging war on rural Colorado and introducing bills to reward unions and trial lawyers while harming businesses.

Rep. Dan Pabon, D-Denver, disagrees.

"Overreaching? No," he said. "I think we've been listening to the people of Colorado and they've told us, 'We put you in charge and we want you to get something done.' "

Hey McNulty, ask Carly Simon if this is about you.

Hey McNulty, ask Carly Simon if this is about you.

Pabon is absolutely right here, and we've made the same argument before in this space. But before we get to that, let's examine how Republicans are so upset at the Democrats for continually beating them in elections that they think the 2013 legislative session is actually about them. To quote Carly Simon (no, seriously):

You're so vain, you probably think this song is about you

You're so vain, I'll bet you think this song is about you

Don't you? Don't You? Don't You?

There are many, many reasons why Republicans have never come close to regaining control of the state legislature since their surprise ouster in 2004, and their reaction to being steamrolled in 2013 is just another number on the list. Democrats are pushing ahead with progressive issues because Republicans don't do anything but get in the way. They don't offer reasonable amendments or attempt to debate in good faith — they just try to gum up the works and play procedural games. Anyone who has heard Republican Rep. Bob Gardner's version of a filibuster can understand what we mean here; Gardner just talks comically slow for as long as he can, his only goal to try to bore people into submission. Yet Republicans are annoyed when Democrats try to move things along and actually, you know, do their job?

Republicans call this "overreaching," and take it as a personal affront. But it's not about them, and it never was. It's about Democrats understanding that Colorado voters want them to lead; voters gave McNulty and the GOP a narrow majority in the House in 2010, and they promptly yanked it back from them two years later when it became clear that Republicans still have no intention of actually legislating.

Voters are tired of Republicans who can't figure out if they should still hate gay people. They're sick of Republicans who compare abortion to the Holocaust while everyone else is worried about schools and the economy. They're fed up with Republicans who persist with their ridiculous "Personhood" policy ideas that keep…getting…rejected…again…and again. "Personhood" isn't even about the issue anymore — it's a symbol of Republicans refusing to listen to even the most loudly shouted opinions of voters.

The simple truth of the 2013 session is this: Democrats were given a significant mandate from voters in 2012, and they are putting it to use. Some would say it is long overdue, and perhaps they learned their lesson from Congressional Democrats who did next to nothing with their 2008 mandate and then lost the House of Representatives in 2010. In fact, a closer look at the election results from the past decade tells a story that makes you wonder why Democrats waited so long to push harder on their agenda in the first place…

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Full story: “Overreach” is Overwrought. Give it a Rest.

Winners and Losers of the 2013 Legislative Session

(Here come the recaps – Promoted by Colorado Pols)

This year's session of the Colorado General Assembly was truly historic. After two years of divided control and stagnation in the legislature, a large backlog of high-priority, common-sense reforms awaited lawmakers in January. Working tirelessly in the face of right-wing obstruction, smear campaigns, and even threats of violence, the progressive majorities in the Colorado House and Senate passed historic legislation to create jobs and boost Colorado's economy, to preserve public safety, to make great strides toward equality for every Colorado family, and to give all children in Colorado the education they deserve.

As we bring to a close the most successful and productive legislative session anyone can remember in Colorado, here are some of the highlights–and the disgraces–that we'll be talking about for years to come. 

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Full story: Winners and Losers of the 2013 Legislative Session

Five things Gov. Hickenlooper did to put the oil & gas industry ahead of Colorado’s health and water

John-Hickenlooper(Promoted by Colorado Pols)

Crossposted at the Checks and Balances Project.

Governor Hickenlooper likes to paint himself as an outsider, unfamiliar with the political process. But his recent actions to undermine public health, water safety – and basic common sense – have proven that Gov. Hickenlooper has become the ultimate insider – adept at helping his billion dollar oil and gas industry boosters cheat the rules, while playing the role of concerned official.

While Governor Hickenlooper has said the he’ll increase fines and hold polluters accountable, behind closed doors he’s actually been working hard to kill or weaken legislation aimed at doing just that.

Case in point: Governor Hickenlooper announces both his campaign for Colorado to be the healthiest state and safe drinking water week, then days later he successfully killed legislation to help protect water from toxic oil and gas spills. Here’s are the five things Gov. Hickenlooper did to put the public health and water of Coloradans at risk and to make it easier for oil and gas companies to pollute. 

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Full story: Five things Gov. Hickenlooper did to put the oil & gas industry ahead of Colorado’s health and water

With no help from zoologists, tea party radio hosts identify Waller as “jellyfish”

(No doubt they meant it affectionately? – Promoted by Colorado Pols)

Tea Party radio hosts Ken Clark and Jason Worley agreed Friday that Colorado House Minority Leader Mark Waller is a "jellyfish."

As you can see below, Clark and Worley, who host KLZ's Grassroots Radio Colorado, identified Waller as a jellyfish without explaining the taxonomic features that led to their conclusion.

So it's an easy call for a media critic like me to suggest that they have a zoologist or two on air to substantiate their claim.

Here's their on-air conversation, which started with a discussion about the possibility that Rep. Brian DelGrosso or Rep. Libby Szabo might replace Waller.

JW: Here we go again, man! There’s a saying in football: If you have two quarterbacks, you have a problem because you have no quarterbacks. In the statehouse –

KC: Oh, god!

JW: It seems that we, on the Republican side, might be having two quarterbacks.

KC: You know, it’s interesting, because right now we’ve got a –

JW: Jellyfish.

KC: Well, yeah, I guess “jellyfish” is a good way to put it. The House minority leader is weak at best. He tried to pressure the Republican caucus to vote for the long bill, was horribly unsuccessful in doing that, because we actually have some Republicans in the House of Representatives in the state of Colorado who have principles. They stick to their principles. They are very, very strong. So, he didn’t do very good. But the whole idea behind that was — Oh, I don’t know, he wanted to run for Attorney General. And yes, Mark Waller, I’m speaking specifically of you. So he figured that if he cut a deal with Ferrandino, Ferrandino wouldn’t fight him on the AG run, and blah blah blah. Well, it looks like he is going to be stepping down. And so that means we have a leadership void that has been there for, what, a year now?

JW: [laughter] Well, at least for six months.

KC: Well, since the session started, anyway. So who knows what’s going to happen?


Full story: With no help from zoologists, tea party radio hosts identify Waller as “jellyfish”

What Surprises Await Before Session’s End?

The first regular legislative session of the 69th Colorado General Assembly ends no later than midnight on Wednesday. Reporters and spin doctors are busily compiling their end-of-session wrapups–but as the Durango Herald's Joe Hanel reports, there's an awful lot left to resolve, and plenty of opportunities for a fresh blowout before sine die:

The clock is ticking on the final days of one of the most active legislative sessions in anyone’s memory.

For many exhausted lawmakers, it can’t end soon enough.

But a few others will need every last hour to pass their last bills – most notably marijuana regulation, tighter rules on gas- and-oil drillers, and new telecommunications regulations.

The Legislature has until just before midnight Wednesday to finish more than 90 bills that remained on its calendar Friday afternoon. But only a handful of those will consume most of the time and energy…

It's expected that the oil and gas regulation bills will result in the most fireworks over the next three days–the marijuana bills are expected to pass in order to head off a more laissez-faire implementation of Amendment 64 than would otherwise occur. And, of course, there remain vulnerabilities innumerable as so many "uncontroversial" bills await passage. This is why, despite so many major battles already decided in the most momentous legislative session in Colorado that anyone can remember, we can't quite impart the final spin on things just yet.


Full story: What Surprises Await Before Session’s End?

Weed Equals Porn?

AP via the Durango Herald:

Marijuana magazines are under scrutiny in Colorado, as lawmakers consider requiring stores to put them behind the counter.

The unusual provision to treat pot magazines as pornography was considered Thursday in a Senate committee. If approved, the provision would make Colorado the first state to require stores that allow entry to shoppers younger than 21 to place pot magazines behind the counter.

“It’s analogous to the pornography example,” said Rep. Bob Gardner, R-Colorado Springs and sponsor of the magazine amendment.

It would be a bit of a contradiction to require marijuana magazines to be treated like porn, more restrictive than any other state, in one of only two states where marijuana has been legalized. We seriously doubt this amendment will survive, but it's an interesting window into GOP Rep. Bob Gardner's thinking.

Like with nudie magazines, we don't really think hiding High Times will accomplish much.


Full story: Weed Equals Porn?

Gov. Hickenlooper working overtime to bring toxic waste and pollution to your neighborhood!

A lot’s changed since 1955 when a gallon of gas was about 29 cents. One thing that hasn’t changed are Colorado’s fines for oil and gas drilling violations – despite a huge drilling boom and large increase in spills over the past several years. Under current law, most violations can’t be fined more than a $1,000 per day, with an overall cap of $10,000.

 

And it turns out that the state rarely enforces these laws. Analyses by the Denver Post and Fort Collins Coloradoan found that that state regulators rarely fine violators who pollute, and less than 7 percent of industry violations since 1996 have resulted in fines.

 

The Parachute Creek spill, caused by Williams, has polluted soil and water with cancer causing benzene and yet 56 days later, Williams has yet to be fined for polluting and risking public health.

 

Despite all of this, not only has Governor Hickenlooper failed to stand up for Colorado families and protect public health, but he’s actually working overtime to help make it easier for the oil and gas industry to pollute your water and communities.

 

According to a new report from the Center for Western Priorities, six oil and gas companies were responsible for 85 percent of all the spills that resulted in water contamination last year. Turns out that Governor Hickenlooper’s ‘besties’ Anadarko Petroleum subsidiary and Noble Energy, Inc. (of the Anadarko-Noble loophole) were two of the six big polluters.

 

Earlier this week, Fox 31 Denver reported that Gov. Hickenlooper watered down legislation to protect public health and water by strengthening oil and gas drilling violation fines.

 

Apparently, these laws just aren’t lax enough for Governor Hickenlooper and his oil and gas industry boosters. According to the Fox 31’s news coverage:

 

Andy White, the governor’s [Hickenlooper] lobbyist on all oil and gas-related legislation…sided Friday with Republicans on the Appropriations Committee and stripped those provisions — the minimum daily fine and the removal of an overall cap on fees — from the bill before sending it to the Senate floor.

 

Now the question is: Will the state legislature do the right thing – protect public health and water- by holding the oil and gas companies responsible when they pollute or will Gov. Hickenpuppet continue doing the bidding of the oil and gas industry to the detriment to Colorado families and communities?

 

 

 

 


Full story: Gov. Hickenlooper working overtime to bring toxic waste and pollution to your neighborhood!

Gardner’s GOP Tent Is Still too Small for the Dreamers

(Promoted by Colorado Pols)

Just after the November election, a chastened Cory Gardner told Fox 31's Eli Stokols:

Gardner: “Republicans have always talked about having a big tent, but it doesn’t do any good if the tent doesn’t have any chairs in it. Bringing Latinos to the forefront, bringing women in, is absolutely critical.”

So you'd think Gardner, who represents Colorado's 4th Congressional District, would, over the ensuing six months, at least make room in the GOP tent for the children of illegal immigrants, who were brought to this country through no fault of their own.

You'd think Gardner would get on board with Colorado's ASSET law, which allows colleges to offer these so-called "Dreamers" the normal in-state tuition rate.

But on Monday, the same day that Gov. John Hickenlooper signed ASSET into law, Gardner told KNUS' Steve Kelley, that he still opposes Colorado's new policy of granting in-state tuition to the Dreamers, because Gardner does not believe the U.S. borders are secure enough, and that's his first priority. 

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Full story: Gardner’s GOP Tent Is Still too Small for the Dreamers

Minority Leader Libby Szabo, And Other Bad Jokes

The Denver Post's Kurtis Lee has a blog post up discussing the possibility that Colorado House Minority Leader Mark Waller may soon step down to pursue his widely-expected run for Attorney General in 2014. If that happens, attention would then naturally turn to the choice of the next Minority Leader. As Lee reports:

“Some have said it’s between Libby [Szabo] and [Brian] DelGrosso,” said Rep. Frank McNulty, R- Highlands Ranch, who served as House Speaker after the 2010 election. “At some point if he (Waller) chooses to run for another office, then the caucus would need to choose a new leader.”

We have to say that the possibility of Rep. Libby Szabo actually being a candidate for House Minority Leader at first seemed to obviously be a mistake–despite the fact that she currently holds the assistant minority leader post. But as you can read, either Lee mistakenly wrote her name in place of someone else multiple times, or it's not a mistake, and she might really be a candidate for the job.

It's difficult for us to find the right words to explain what an unqualified disaster that would be. 

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Full story: Minority Leader Libby Szabo, And Other Bad Jokes

Colorado ASSET Act Signed Into Law

assetsigning
Photo by Colorado House Democrats

UPDATE: FOX 31's Eli Stokols:

“It’s perseverance,” [former Rep. Val] Vigil told FOX31 Denver afterward. “You know when you truly believe in an issue, you don’t give it up.”

…Sen. Mike Johnston, D-Denver, a former teacher and principal, described the despair of one of his former students who graduated high school only to watch state lawmakers, for the last three years, defeat legislation aimed at making college more affordable for undocumented students.

“That student right now is working in a fast food restaurant, waiting for the chance to fulfill his dreams of one day becoming an engineer,” Johnston said. “Well, today, we’re here to tell you that the doors are open and the dream is alive.” [Pols emphasis]

——

Another long-sought goal achieved by the 69th Colorado General Assembly, reports Huffington Post's Matt Ferner:

Undocumented immigrant students in Colorado can celebrate today — a bill that grants undocumented students in-state college tuition rates was signed into Colorado law by Gov. John Hickenlooper today.

Colorado now joins thirteen other states to allow undocumented immigrant students who graduate from state high schools to attend college at an in-state tuition rate. According to The Associated Press, some of Colorado's undocumented students had been paying more than three times higher than the rate in-state students pay.

A congratulatory statement from Sen. Mark Udall:

Mark Udall, who has been a vocal advocate for comprehensive and accountable immigration reform, welcomed the signing into law of Colorado's ASSET bill — legislation that secures fair tuition rates for students who attend at least three years of high school in Colorado, regardless of their immigration status. Udall said Colorado's leadership on this issue should spur Congress to follow suit and pass common-sense, comprehensive immigration reform and the DREAM Act.

"Colorado is leading the way to ensure that every Colorado student, regardless of where they come from or their immigration status, has equal access to opportunity. I am proud to stand with Gov. Hickenlooper and my colleagues in the Colorado General Assembly in welcoming this important milestone, the signing of the ASSET Bill, and what it means for high-achieving high school graduates and our future economic growth," Udall said. "I will take Colorado's example with me to Washington and continue fighting for a balanced, bipartisan immigration-reform proposal. I stand with business, religious, agricultural and labor leaders — and Coloradans of all backgrounds — when I say the time has come for Congress to set partisanship aside and follow suit. We must pass comprehensive immigration reform and the DREAM Act."

We'll round up more statements and coverage as they come in.


Full story: Colorado ASSET Act Signed Into Law

BREAKING: Mystery Recall Money Arrives, Paid Drive Begins

Over the last few weeks, we've been talking about the incipient recall campaigns against several Colorado legislators in the wake of passage of gun safety legislation this year. There hasn't been much good to report on the recall campaigns so far, with public leaders and visible organizing efforts both revealing themselves to be, to put it charitably, less than ready for prime time. Our assessment of the potential success in getting any of these recall campaigns on the ballot has been pretty dim up to now.

That's about to change.

We've just learned that one of the most prominent (and ethically questionable) petition signature gathering firms in Colorado, Kennedy Enterprises, has been hired to take over petition drives for some or all of the recall campaigns presently underway. This new development has not yet been reflected in spending disclosure forms, but should be public knowledge in the next week. It's not known yet which of the recall campaigns that have been filed will be taken over by Kennedy, but this represents a major development: an outside capitalization by unknown funders of what had been an amateur and disorganized effort…

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Full story: BREAKING: Mystery Recall Money Arrives, Paid Drive Begins

Rep. Hullinghorst working to end Hickenlooper Anadarko-Noble loophole – which puts Colorado’s water at risk

**Crossposted at the Checks and Balances Project

 

Gov. Hickenlooper likes to tout Colorado’s oil and gas rules as a national model, saying that the state has found the middle ground on development. Unfortunately, his administration’s Anadarko-Noble loophole is another example of Gov. Hickenlooper putting the profits of the oil and gas industry ahead of Coloradans. The good news is that champions for local communities, like Rep. Dickey Lee Hullinghorst, are stepping in to try and fix problems like the loophole.

The Anadarko-Noble loophole provides an industry exemption from state water testing rules – already criticized as weakest in the nation – in northern Colorado, despite the fact that this is where some of the most intensive oil and gas drilling operations are located.

The loophole weakens state water testing rules in the Greater Wattenberg Area – near homes and farms in Adams, Boulder, Larimer, and Weld counties - which is home to more than 25 percent of Colorado’s oil and gas wells and some of the most intense growth in drilling activity.

As a result, it will be harder to detect water contamination and to figure out which well(s) are the source of contamination in the very region that needs these public safety standards the most. That’s not good news for Coloradans. In 2012, industry reported 402 spills in state, of which 20 percent resulted in water contamination, and just last month, a huge spill near Parachute creek contaminated nearby soil and water with cancer causing benzene.

The Anadarko-Noble loophole is part of a disturbing pattern by Gov. Hickenlooper of putting oil and gas industry profits ahead of what’s best for Coloradans. Remember the industry paid-for-ad in which Gov. Hickenlooper claimed that Colorado hadn’t had a single instance of ground water contamination from oil and gas drilling, despite evidence to the contrary (58 cases of groundwater contamination in 2011 alone)? Or how Gov. Hickenlooper said his hands were tied for suing Longmont for protecting the health of its residents from fracking?

Today the Colorado House Health, Insurance & Environment Committee will consider HB 1316, legislation that would close the Anadarko-Noble loophole and take a step in the right direction towards protecting our water and our communities. Let’s hope that the committee members will be representing the Coloradans they were elected to serve and not Big Oil and Gas when they vote on HB 1316.

 

 


Full story: Rep. Hullinghorst working to end Hickenlooper Anadarko-Noble loophole – which puts Colorado’s water at risk