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HB-1072, authored by Rep. Mike Garcia, D-Aurora, and Sen. Jennifer Veiga, D-Denver, was approved by a 4-3 party-line vote Tuesday in the Senate Business Technology and Labor Committee. The bill is up for consideration Friday on the Senate floor.

The proposal changes a section of the state’s Labor Peace Act that requires a second election prior to a workplace becoming a union shop. Within these shops, workers are required to join a union, or pay dues of its representation. If they do neither, they can be subject to termination.

Penry said Colorado is not a right-to-work state, which is a disincentive to new business.

“Our mission is to talk about the economic ramifications and how reckless this bill really is,” said Penry.

Sen. Shawn Mitchell, R-Broomfield, called the measure counterproductive for Colorado and mentioned that it could potentially drive away new employers.

“We’re looking for more jobs in our state, and this measure would act as a barrier for new business,” Mitchell said.

On Monday, all 41 GOP state lawmakers in the House and Senate joined in signing a letter addressed to Ritter, urging him to veto HB-1072. The governor previously said publicly that he intends to sign the measure.

Mitchell faulted the entire Democrat leadership in the state for pushing the measure forward this week.

“Governor Ritter, House Speaker Andrew Romanoff and Senate President Joan Fitz-Gerald talked a moderate game during the fall campaign,” he said, “but it didn’t take long for them to show their true colors.”

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Spence said the bill’s only hope is if its sponsor waters it down enough with amendments to survive the Senate so it can be restored to its original form in the House.

Senate Bill 61, by Sen. Sue Windels, D-Arvada, and Rep. Michael Merrifield, D-Manitou Springs, slaps a range of restrictions on the state’s ability to approve new charter schools when local school boards stand in the way. The measure also places quotas on the different kinds of students state-chartered schools are allowed to enroll.

The bill’s future in the Senate is in doubt because some of Windels’ own Democrat colleagues, including Senate President Pro tem Peter Groff of Denver, support charters. Groff was a sponsor of the legislation in 2004 that gave the state chartering authority as a way around local school boards that won’t approve charter applications for fear of losing funding to them.

SB 61 was approved in the Senate Education Committee last week in a 4-3 party-line vote over the objections of committee Republicans. Sen. Nancy Spence, the Senate’s assistant minority leader and a longtime advocate of charters and other public education reforms, denounced the bill as, “yet another attempt to undermine parental choice in education simply to preserve the interests of school bureaucracies.”

Windels has defended her bill as an attempt to improve communication and cooperation among school boards, charter schools and State Charter Institute. However, supporters of the State Charter Institute say Windels’ bill, if fully implemented, would render the institute powerless by giving local school boards veto power over new charter applications.

Charter schools now number over 100 and growing in Colorado. They are increasingly popular with parents because they have a degree of independence from local school districts and can tailor their own curriculum to the needs of a range of children, from at-risk to gifted and talented. While research findings on charters have yielded mixed results, data from studies that adjust for the fact that charter students tend to be disproportionately poor and otherwise at risk show those students make great strides after leaving conventional public schools for charters.

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“Sen. Romer, I welcome you in the legislature, but you will learn your optimism will be dashed,” Windels said. “What you’re asking of every one of our school districts is to shift money in their budgets.”

But Sen. Nancy Spence, R- Centennial, came to the bill’s defense. “I’m sick and tired of people in this building focusing on the money and not the child when it comes to educating our kids,” Spence said.

The Senate Education Committee, chaired by Windels, voted 4-3 to advance the measure to Appropriations, hoping it will die there.

Romer and Republicans shot back, arguing that Colorado high schools are granting diplomas to students who have not mastered the English language.

Senate Bill 73 would require all districts, including charter schools, to develop an English competency policy to graduate from high school by 2012.

“The English language is the core for what all other knowledge is acquired,” Romer said. “The school districts need to ramp up their focus on significant immersion for these students.”

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And political observers questioned whether Ritter had failed the first test of managing his party in a state where the key to the Democrats’ power is moderation.

“This definitely looked in my view to be a poor start,” said Floyd Ciruli, a Denver pollster. “We knew and most of us said that Ritter’s greatest challenge would be managing a legislature not only one with his own party in power but with a stronger majority than it had in 2004.

“Then to have the first bill out of the House, which is the more conservative branch, … I think sent sort of a shock wave through the business community. … It’s embarrassing, I think, for Ritter.”

Theories abound about what really happened:

The labor community felt left out of the Ritter transition process so it flexed its muscle and convinced House leaders to put the bill on the fast track.

The business community was unaware of Ritter’s campaign-long commitment to support the labor bill.

House Speaker Andrew Romanoff failed to slow the bill down long enough for Ritter to mitigate the fallout.

Ritter was either unprepared or unable to control his party in the legislature.

In the end, however, it doesn’t really matter which, if any, of those scenarios are true. Business will never support any proposal that it perceives as weakening the Labor Peace Act. And labor - with a friendly majority in both houses and the governor’s office - was set on getting this through this session, no matter if it was last week or in two months.

Colorado AFL-CIO president Steve Adams calls the outcry the “spoiled child” syndrome.

“For 62 years they’ve had their way. All of a sudden there’s a new sheriff in town, and they are kicking and screaming.”

He said he is being inundated with requests to sit down with business.

“But this is a simple question. There really is no room for negotiations,” he said.

Business has also dug in its heels. Last week, the Colorado Association of Commerce and Industry voted unanimously to oppose the bill. And business leaders vow to turn out in force for Tuesday’s Senate labor committee hearing on the bill.

And while the intensity of the backlash may have caught some - including Ritter - off guard, it is really just the opening act in what will likely be a long- term tug of war on Ritter from labor and business interests.

“I am going to disagree with labor. I am going to disagree with the conservation community. I am going to disagree with oil and gas,” Ritter told hundreds of CACI members on Thursday.

Indeed, Ciruli compared Ritter’s challenges to a marathon.

“The session is 120 days, and most of the real action tends to be toward the end. In my view, if he continues to work hard on economic development, there is no doubt that a lot of business is simply going to say he is the governor and on balance he is doing a lot to avoid excessive taxes and regulation.”

Capitol Bureau Chief Jeri Clausing writes each Sunday. She can be reached at 303-954-1555 or jclausing@denverpost.com.

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The proposal is by Sen. Betty Boyd, D-Lakewood, who for years has been trying to make emergency contraception available to rape victims. Lawmakers passed her bills in 2005 and 2006 but Republican Gov. Bill Owens vetoed them both times.

Since then, the federal Food and Drug Administration has legalized over the counter sales of emergency contraception. But Boyd wants to make sure all victims are told about its availability when they get rape exams.

Republicans argued against the bill.

“I believe in life, and I believe that life begins at conception,” said Sen. Greg Brophy, R-Wray.

Boyd argued that emergency contraception - which is a high dose of birth control pills - usually stops ovulation, preventing conception from taking place.

Republican Shawn Mitchell of Broomfield argued that bill legislates doctor-patient relationships.

The full Senate must take one more vote on the bill before sending it to the House.

Democratic Gov. Bill Ritter is expected to support the proposal.

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Kopp says he has plans to get the measure back on track at the committee’s meeting Wednesday.

“Senate Bill 86 rises to tribute the 42 Coloradans who lost their lives in the War on Terror since Sept. 11, 2001,” said Kopp.

Adding to Kopp’s testimony in the committee hearing was Jane Rund, of Littleton, who reinforced the need for the memorial. Her son, Marine Lance Cpl. Gregory Rund, was killed in Fallujah on Dec. 11, 2004.

Rund, who died at age 21, served two tours of duty in Iraq, according to Mrs. Rund.

“Greg was a patriot, proud to serve his country, proud to be an American and serve in the Marine Corps,” she said. “This memorial would be an everlasting tribute to the men and women who gave their life for their country. It would be a symbol to our heroes.”

Constructing the war memorial is the right thing to do, added Kopp.

“Just as each generation calls on its peers to defend our nation, the same generation should also memorialize their gallantry and supreme sacrifice for our freedom.”

Kopp’s bill targets the establishment of a statewide memorial honoring the troops in Colorado who gave their lives for freedom while fighting the ongoing War on Terror. Although specifics have not been offered on what the memorial could eventually look like, the senator’s bill aims to team together, among others, five veterans of foreign wars to serve on a commission dedicated to locating and acquiring a site and garnering funding.

“Coloradans who lost their lives protecting our freedom deserve this honor,” said Kopp, who is a former Army sergeant and Gulf War veteran. “I was honored and privileged to be able to introduce this legislation on Military Appreciation Day.”

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“You have to prove to be a resident of the state to get a driver’s license, and the right to vote is more of a privilege than that,” Harvey explained while summing up his proposal. “It’s important to have some documentation to prove people are who they say they are.”

Democrats adamantly opposed the measure.

“I don’t see a documentation problem that needs a solution,” said Sen. Chris Romer, D-Denver.

In a related issue, Republican senators challenged potential cost shifting methods of a generic, non-patented Rx Drug program brought forth by Democrats on last week in a Health and Human Services Committee meeting.

Senate Bill 1 is an entitlement that allows any Colorado resident who qualifies to enroll in purchases of discount and generic drugs at any pharmacy in the state. The measure was approved 8-1 Jan. 17 by members for consideration in the Appropriations Committee.

During Thursday’s floor debate on the measure, Sen. Dave Schultheis, R-Colorado Springs, proposed an amendment to SB-1 restricting those enrolling in the drug program to legal state residents.

HHS Chairman, Sen. Bob Hagedorn, D-Aurora, is the prime sponsor of SB-1. He called Schultheis’ proposal “a vindictive, vicious amendment…”

Schultheis responded, “I’m not vicious at all,” he said. “I’m trying to uphold the law.”

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The bill was approved by the Education Committee Thursday in a 4-3 party-line vote and is scheduled for consideration with the full Senate today.

“I cannot vote for yet another attempt to undermine parental choice in education simply to reserve the interests of school bureaucracies,” said Assistant Senate Minority Leader Nancy Spence, R-Centennial, during Thursday’s committee meeting. “I do not understand why these types of proposals to limit the growth of charter schools keep coming before us.”

Spence also noted Gov. Bill Ritter’s expressed commitment to “educational opportunity” and questioned whether the measure would meet his approval if it reached his desk.

Windels defended the bill in committee as an attempt to improve communication and cooperation among school boards, charter schools and State Charter Institutes.

Established by legislation during the 2004 session, the State Charter Institute is provides charter schools an alternative means of gaining approval when local school boards stand in their way.

“There is an onerous catch-22 in this bill,” said Sen. Josh Penry, R-Fruita, referring to the quota system imposed by SB-61.

The bill would apply quotas to institute charter schools, requiring that they enroll no fewer at-risk students than the percentage of at-risk students in the surrounding school district. Republicans on the committee have argued that charters serve a much wider range of students whose needs are not being met by regular public schools.

Community members and educators from school districts near Carbondale, Pueblo and North Denver came forward in committee Wednesday to voice their disapproval of SB- 61. They were concerned that the bill would leave them with not one, but two bosses — the institute and the school district.

Spence commended community members for speaking in front of the committee as she voiced her own concerns.

“The school board won’t listen to you, the superintendent won’t listen to you, so I applaud what you’ve done,” Spence said to a Carbondale mother who helped establish one of the districts institute charter schools.

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The Colorado High School Activities Association inspired Mitchell’s bill because current law is too vague when defining “persons” exempt from liability for rendering emergency assistance. Mitchell’s bill specifies who is covered by Colorado’s Good Samaritan Law. Its passage will insure that persons rendering emergency care during high school athletics are protected.

The only opposition to the bill came from the Colorado Trial Lawyers Association.

Although the bill appears to enjoy broad, bipartisan support, two Democrats

– Sen. John Morse of Colorado Springs and Sen. Brandon Shaffer of Longmont – were in the minority voting against the measure in the Senate Judiciary Committee last week.

Morse said in committee that the bill wasn’t necessary, but Mitchell, who is an attorney, strongly disagreed.

“Any additional legal assurances we can give health care professionals against unwarranted litigation are not only necessary but vital to letting them step in and help out at a critical moment,” Mitchell said in remarks after the Senate debate Monday. “This measure could someday save a young athlete’s life.”

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Also on Monday, Senate Bill 34, sponsored by Sen. John Morse, D-Colorado Springs, passed out of the Judiciary Committee on a party-line vote of 4-3. It would eliminate reciprocity for out-of-state concealed-weapons carrying permits concerning nonresidents of Colorado.

“It appears to be a sea-change with the ship heading back to port,” said Darin Goens, a National Rifle Association state liaison, following hearing on Senate Bill 34. “It’s a 180-degree reversal from five or six years ago when groups like Cease Fire Colorado were on the losing end, and now they’re winning.”

Goens added that Democrats are seemingly using “boogy-man tactics” to move toward greater government restriction on law-following gun owners.

“This seems to be the first step of a process in chipping away the lawful protections for gun owners in Colorado,” Goens said.

During his testimony to the committee explaining the SB-34, Morse noted that the bill requires all Coloradans who wish to conceal carry a weapon to obtain a Colorado permit. Current law recognizes permits issued by other states.

“Colorado residents need to meet Colorado law,” Morse said.

Regarding SB-34, Dudley Brown, of the Rocky Mountain Gun Owner’s Association, said the bill could impact the privacy of at-risk women who don’t want to go public with their gun ownership. Colorado’s permits are maintained in a central database that could be compromised.

“Firearms are a great equalizer for women who are victims or potential victims of domestic violence,” he said while voicing opposition to the bill.

Renfroe noted that his SB-69, which would close down the state’s central database, allows lawful citizens their rightful privacy.

“Law abiding citizens who play by the rules are the ones affected by this database,” he said while concluding his introduction of the bill.

Groups who spoke in favor of the measure included the NRA, Rocky Mountain Gun Owner’s Association, Firearms Coalition of Colorado and the Weld County District Attorney’s Office.

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Amendment 23 — a constitutional provision which requires the Legislature to increase spending on K-12 education at inflation plus one percent every year until 2011.

Capital construction — the portion of the budget used to fund government buildings, including colleges; may include highway construction.

Capital Development Committee (CBC) — the committee which prioritizes the capitol construction budget.

Cave of the Winds — what lowly Representatives call the Senate.

Chamber — refers to either the House (lower chamber) or the Senate (upper chamber).

COW (Committee of the Whole) — before a bill receives formal approval by the entire Senate or House, it must be passed by the committee of the whole, which is the entire chamber; during this phase, debate and amendments are unlimited and the votes of individual members are not recorded unless specifically requested.

Conference committee — when both chambers have passed a bill but disagree on certain amendments, the bill often goes to conference where three members from each chamber attempt to resolve the differences.

Declaration (also, legislative declaration) — a preface included in some bills to explain the intent of the legislation.

Fiscal note — an analysis provided by Legislative Council to describe the impact that a bill, if approved, would have on the state budget.

FTE — full-time employees or full-time equivalent; the number of full-time paid government employees required by particular program or employed in a department.

General fund — the largest part of the budget; funds the day-to-day operations of state government; consists mostly of state income tax, sales tax and property tax revenues.

JBC (Joint Budget Committee) — a “super committee” that writes the budget; consists of three Senators and three Representatives; the majority party in each chamber appoints two members, and the minority party in each chamber appoints one.

Legislative Council — non-partisan research staff that serves the Legislature; also records proceedings of committee meetings.

Legislative Legal Services, Office of (OLLS) — the staff attorneys which helps legislators turn their ideas into bills and provides legal research. (As one who always looks for political bias, I must say that both Legislative Council and OLLS staffs are remarkably non-partisan.)

Long bill — the budget; contains more pages than any other bill.

PI — postponed indefinitely; means the bill is killed.

Special interests — organizations interested in a specific set of issues (e.g., property rights, environment, abortion, gun-owners rights) when used objectively; however, most often used disparagingly to refer to any group with which the speaker or writer disagrees.

Strike-below — an amendment that completely re-writes a bill.

Stakeholder — any group that has a stake in a particular bill or issue; a politically-correct term for “special interest.”

Sunset review — regulation of certain professions (e.g., veterinarians, optometrists) must be reviewed by the Legislature, usually every 10 years, at which time the regulations are either re-enacted, revised or repealed. If the Legislature does nothing, the regulations expire or “sunset.”

TABOR (Taxpayers Bill of Rights) — a constitutional provision which limits the growth in state government spending to a percentage equal to inflation plus population growth.

TABOR surplus (also “surplus”) — tax revenues collected by the state but which exceed the

TABOR limit and, therefore, must be refunded to taxpayers; this money can only be spent if authorized by a vote of the people. (After the passage of Referendum C in 2005, no TABOR surplus will occur until at least 2011.)

Mark Hillman is a wheat farmer from Burlington who served in the Colorado Senate from 1999 to 2005.

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