by Candice Geier
Now that the lame duck session is over and legislation is back in session, amendments are filling the house and senate floors quickly. Included in the bills are immigration reform laws, state funding, constitutional protection, education funding, job protection, tax spending transparency, consumer protection and unbiased hiring practices.
House of Representative-passed Bills Awaiting Senate Approval CDOT financial transparency a reality
Individuals will be able to make payments to the Colorado Department of Transportation without the department revealing the source of the funds. Otherwise, if the funds come from a group or organization the source must be identified.
House Bill 11-1002 will require complete transparency for all other fiscal maneuvers. The bill was created by the House Transportation and Appropriations Committees. If passed by the Senate, CDOT will have to create internet links that provide essential budget information.
All expenditures and allocations to and from specific departments within the CDOT will be posted, as well as payroll information. The webpage will be updated weekly. The bill passed in the house on February 15.
Special agents granted peace officer status
Under current law, certain authoritative individuals have limited duties they can perform under Colorado state law. HB 11-1073 clarifies the abilities as to who constitutes a special agent and what rights and duties they have in Colorado. If passed by the Senate it will become law.
Special agents include anyone with the FBI, an agent from the United States Bureau of Alcohol, Tobacco and Firearms, a deputy or special deputy who is a United States Marshal and federal protective service agents from Homeland Security and Customs Enforcement.
Under the new law these special agents will have the ability to respond to any felony or misdemeanor they witness. They may respond to any situation to prevent harm to persons or property, and may detain any person they believe to be the source of a crime. They may also make arrests or seizures without state warrants as they are federal agents.
Senate-passed Bills Awaiting House Approval Class 6 drug felonies not habitual offenses
The Judiciary Committee proposed that Class 6 drug possession felonies cannot be considered habitual offenses, according to SB11-096. It was passed by the State Senate on Feb. 18.
Class 6 possession charges include class two drugs (generally prescription medications) in excess of four grams without a doctor’s prescription.
A person can be charged with a Class 6 felony for possessing over 12 ounces of marijuana without a prescription. They may also incur a misdemeanor if they possess more than two ounces without a prescription. Any amount less than two ounces is considered a petty offense.
If a person is deemed a habitual offender, jail time can increase to four times the regular sentence for the crime committed.
In-state tuition for undocumented students
Senate bill 11-126 would provide an undocumented student who has resided in Colorado for three years the right to in-state tuition.
The student must have lived in Colorado for three years and earned a general education diploma or attended Colorado schools for three years to receive the right to in-state tuition.
Currently, many students have parents who are not documented citizens so they cannot use their parents’ place of residence to qualify for in-state-tuition.
Comparatively speaking, non-residential tuition could cost anywhere between $7,000 per year to attend a community college, and up to $20,000 for more prestigious universities in the state.
Proponents of the bill argue that these charges form an unfair barrier to students who have great potential, and may cause higher dropout rates among students who feel like they don’t have a chance anyway.
The bill does not allocate any state funds, such as financial aid or the Colorado Opportunity Fund, to undocumented students, and the projected revenue from their tuition could increase the state’s financial security.
Those opposed to the bill argue that this may increase the number of illegal immigrants already residing in Colorado.
Children born in the United States are automatically citizens, even if their parents are not. The parents are allowed to collect state funds to support their citizen children and send them to public schools.
Bills currently declined by the Colorado Senate Read to Achieve Program
Senate Democrats voted against Senate Bill 11-158 which would have eliminated money allocated to the Read to Achieve program.
The program is designed to assist incarcerated youths and provide opportunities while they are being held on charges. The bill would have eliminated the total educational budget for the 2011 and 2012 fiscal years that was previously allocated to the Read to Achieve program.
Funding for the program is received from tobacco settlements. Previously unused funds were returned to the state’s general fund. The new bill would have put all the money directly into the state general fund and funds for educational programs would be allocated to not more than five percent of the total settlement.
In addition, a proposal has been made to close the $342 million gap by using budget reductions that do not include education fund reduction, school counseling and protecting children and their safety.
Immigration deportation and detaining reform
Although Arizona passed a law putting immigration deportation and detaining out of the hands of federal agents into the hands of local law enforcement, Colorado senators declined the proposition for Colorado.
The new law in Arizona has had a negative effect on their economy including boycotts banning the purchase of Arizona-made products as well as a drop in business income. According to the State House website, Arizona hotels have lost $12 million due to cancelled meetings and hotel reservations.
The projected total loss is higher if fiscal losses from business such as restaurants, retailers and tourism are included. The total is estimated at $141 million for entrepreneurs and almost $9.5 million in tax revenue.
Consumer rights
Two bills were squeezed through the Senate Judiciary Committee on Feb. 14. Both bills concern civil rights of employees and consumers. Senate Bills 68 and 72 eked by with five to four votes.
Senate Bill 68 reduces the paperwork and steps that consumers must take to find retribution for unfair trading practices. Lemon laws in other states do not require consumers to provide evidence of endangering public safety.
Colorado is one of only 11 states with such strict standards. If Senate Bill 68 is passed, it will return the rights of the Colorado Consumer Protection Act to consumers and close loopholes used as unfair trading practices.
Bi-partisan Bills Votes needed to change Colorado Constitution raised
In order to make any changes to the Colorado Constitution, only half of the senate and house need to approve the modifications. If passed, a bipartisan bill would increase the number of votes needed to change our state constitution.
The bill, SCR 1, would increase the total votes needed for passage from 50 percent to 60 percent. 70 percent of the signatures must come equally from each of the congressional districts.
The other 30 percent may come from any Colorado district. In addition, to appeal an old amendment also requires a 60 percent majority vote.
Concussion prevention
Senate Bill 10-040 will hold all school coaches responsible for pulling players between the ages of 11 and 15 out of a sporting activity if the athlete has possibly incurred a concussion. The player may only return to the game after he receives a medical examination and is cleared by a medical doctor.
The bi-partisan bill applies to all programs that provide youth activities, including private clubs, schools or recreational facilities, and was introduced into the senate and eventually passed on Feb. 10. It was advocated by former Denver Bronco members Ed McCaffrey and Billy Thompson.
Candice Geier is an online journalist focusing on American laws. Geier is a Colorado native who believes that the people have a right to know. She has an associate’s degree in journalism and is currently working on her bachelor’s degree.
