GOLD DOME DECREE: Winners Of The 2013 Legislative Session

Published on May 9, 2013 by

Welcome to the third annual Colorado Peak Politics legislative awards where we honor the winners, losers and those that neither won nor lost, sometimes maddeningly so. Or, as we have dubbed them in years past — sister kissers.

The session itself was a stone cold loser for the people of Colorado, with gun rights greatly diminished, rural electric rates set to rise and a looming billion dollar tax hike endorsed by every Democrat under the Gold Dome.

It was, in the words of The Durango Herald‘s Joe Hanel, “one of the most liberal ever.”

Without further ado, here are the folks who came out ahead by Sine Die.

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PeakFeed: 8 Photos of Colorado Golden Girl Missy Franklin Visiting The Capitol

Published on April 26, 2013 by

Colorado’s own Olympic hero and swimming sensation, Missy Franklin, stopped by the Capitol today to visit with lawmakers.

Here are 7 8 photos with Missy and some schlubs down at the Legislature.

Missy and the AP’s Ivan Moreno (with requisite Rep. McNulty photo bomb)

Minority Leader Waller looks confused.

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TONE DEAF: Boulder Liberal Representative Says Dems Have Votes To Abolish Death Penalty, A Move 68% Of Coloradans Oppose

Published on January 3, 2013 by

In an article in Denver Westword this morning, House Democrat Speaker Pro Tempore Claire Levy claims the Democrats likely have the votes to overturn the death penalty, despite a recent poll showing 68% of Coloradans oppose the move.

Unfortunately, the Westword reporter didn’t ask Levy why she would push a bill so heavily opposed by the people of Colorado. Here’s what Westword‘s Sam Levin did report:

Before Representative Claire Levy proposes legislation to repeal the death penalty in Colorado, she wants to be sure that it can pass.

And after more discussions with her fellow lawmakers on the topic, she says it seems like the momentum is right to get rid of the death penalty — even if one of her Democratic colleagues is adamantly opposed to the move.

“I can’t say with certainty…but I’m getting more confident,” Levy says. “Those of us who are sponsoring it want to be sure we are going to be able to pass it before we introduce it. We are getting in confident in that.”

The Democratic colleague referenced above is Rep. Rhonda Fields, whose son and fiance were gunned down after her son agreed to testify in a murder trial. His killer is on death row.

The optics of this debate couldn’t possibly be worse for Democrats, but with control of both chambers at the Capitol, it seems somewhat likely that the bill will reach the Governor’s desk. Knowing that Governor Hickenlooper is hyper-sensitive to polling, here’s a brief breakdown of what Coloradans said in a recent poll by the Tarrance Group — a highly respected Republican polling firm.

Per a Colorado Observer scoop:

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RING THE ALARM: Trouble For Democrats In HD61 As Dem-Turned-Indy Kathleen Curry Makes The Ballot

Published on July 27, 2012 by

House Minority Leader Mark Ferrandino's bid for the Speaker's gavel just got harder.

In HD61, former State House Democrat Kathleen Curry, who ditched the Democrats and went independent, made the ballot Tim Hoover reports:

Former state Rep. Kathleen Curry of Gunnison, who famously bolted from the Democratic party in 2009 to become unaffiliated, has made the ballot for House District 61, a seat that sprawls across several mountain counties, as an unaffiliated candidate.  

Curry needed the valid signatures of 400 voters to petition her way onto the November ballot, and Colorado Secretary of State Scott Gessler’s office notified her she had 442 signatures.  

Curry, who’d been elected three times to the legislature as a Democrat before leaving the party, was unable to run as an unaffiliated candidate in 2010 because she had not changed her registration soon enough and instead ran unsuccessfully as a write-in candidate.

This could spell doom for Democrats, as it could allow the Republican candidate Debra Irvine to win a plurality of the vote with Curry and Rep. Millie Hamner (D-Dillon) splitting the liberal vote. 

With the battle for control of the Gold Dome likely to come down to only a few races, Ferrandino's dreams of the majority just got a bit blurrier.

Sources say Democrats are looking at ways to knock Curry off the ballot. A supporter that it claims to be of ballot access, the Colorado Democratic Party has had no problem trying to keep candidates off the ballot this cycle already.


It's no wonder Ferrandino et al fear Curry, as she nearly beat the Democratic candidate in 2010 as a write-in candidate.  

The district has changed, diminishing Curry's name-ID advantage somewhat, but the base of the district is still very much Curry's old stomping grounds and chances are nobody in Gunnison County has ever heard of Millie Hamner. In fact, very few people anywhere have probably heard of Millie Hamner, as she was appointed to the seat after the incumbent, Christine Scanlan, was appointed as Hickenlooper's legislative lobbyist. 

The fact that Curry lost by only 300 votes to the Democrat in 2010 as a write-in means she will be a potent electoral force.

A race that once didn't keep Ferrandino up at night, suddenly looks like it will become a cash suck. Three-way races are complicated and complex, a far cry from one-on-one in a liberal-leaning ski district. Far costlier too.

What's also got to worry the Minority Leader is if Curry won, would she end up caucusing with Frank McNulty and Amy Stephens?

If Ferrandino's party tries to get Curry knocked off the ballot and she wins, how much do you think she'll want to return the favor?

 

UPDATE: Legislators Share Their Holiday Plans

Published on July 4, 2012 by

Yesterday, we asked select Colorado legislators to reveal their plans for the Fourth of July. Below are a few of their responses.

Speaker Frank McNulty (R-Highlands Ranch)

 

This Highlands Ranch legislator tells us that he will be at – where else - the Highlands Ranch Independence Day Parade and Community Festival – keep an eye out for him! 

 

Sen. Morgan Carroll (D-Aurora)

Senator Morgan Carroll tells us that she will be walking in the Byers Fourth of July Parade and stopping by the Aurora Fourth of the July Celebration.  No word on where the monkey might be.

 

Sen. Greg Brophy (R-Wray)

"My crazy 10 year-old decided he wanted to do a triathlon.  Lo and behold, there is one in Wray tomorrow, so I'm watching him do his first ever Tri.  And while I'm here, I will do the bike leg with some friends, Karla and Doreen.  I wanted to name our team Two Hot Chicks and a Dork, but they wouldn't let me.  I'm missing the 4th of July parade in Brush! for just the second time in 12 years."  Following the triathlon, Brophy will be BBQing and reading the Declaration of Independence. Sounds like a very full – and exhausting – Fourth. 


Rep. Claire Levy (D-Boulder)

Rep. Levy says, "I will be joining Democrats in Clear Creek Party for the 4th of July Parade in Georgetown. They have a fun parade and then a barbecue in city park with an old fashioned brass band. I'm going to try to make it to the Gold Hill pancake breakfast first to support the Gold Hill Fire Department. The early birds get homemade rhubarb sauce for their pancakes. After Georgetown, I will help a friend in the mountains clear pine needles away from his house to reduce the fire danger. Everyone who lives in the WUI (wildland urban interface) should take a fresh look at their home and property to check for fuel build up and other fire risks." Good idea.

Thanks ladies and gents for keeping us posted! 

Of course, we didn't hear back from Rep. Sal Pace, Rep. Joe Miklosi, or Sen. Brandon Shaffer, so we've created imaginary itineraries for these very busy politicians for today.

Rep. Sal Pace (D-Urination)

Pace (D-Urination) is under close campaign supervision to keep his family jewels under lock and key. (wink)  A suggestion to the poor staffer tasked with babysitting – waterproof shoes and a poncho?

 

 

Rep. Joe Miklosi (D-Hells Angels)

We imagine that Joe Miklosi is looking set for a rowdy weekend with the Hells Angels, who want to repay him for running their Hells Angels Protection Act of 2012, legislation that would offer them protection against discrimination for wearing black leather outside in 105 degree heat.  It's unclear whether the legislation also protects against the body odor that's sure to ensue. 

 

Sen. Brandon Shaffer (D-Screwed)

Oh, poor Sen. Shaffer.  We imagine he's drowning his sorrows at the bottom of the bottle, looking back to the last July 4 when he announced — oh, to be young again and have CD4 be actually winnable (until Pat Stryker shivved him in the back during redistricting). Note: For all you sensitive types out there, we are not suggesting that Sen. Shaffer has a drinking problem, but we are admitting that's probably what we'd do.

All kidding aside, we send our thoughts and prayers to Sen. Steadman as he just found out that his partner has pancreatic cancer and to Rep. Casso as he comforts his children following the death of their mother, as reported by Lynn Bartels.

UPDATE: More legislators share plans

Rep. Amy Stephens (R-Castle Rock)

"My husband and I had a long-planned 4th of July vacation with his family in Alabama – so we have gone completely Southern testing BBQ while we are here. I feel like Paula Dean – we had Dreamland BBQ with fantastic sauce and a good banana pudding. We had amazing pimento cheese grits with shrimp and collard greens! We are testing a new BBQ today that includes cheese biscuts for the 4th and then going to the riverfront to see fireworks and perhaps a baseball game with the Montgomery 'Biscuts' baseball team. I hate to think about all the time on the treadmill I'll have to do to work off this vacation! Happy 4th and God Bless America."

Rep. Nancy Todd (D-Aurora)

"We are celebrating our black lab, KJ's, 13th b-day, from eggs for breakfast to ice cream and carrots in the afternoon. It's too hot to be outside long so air conditioning is preferred location. She is the best lab recycler in Colorado!"

Rep. Cindy Acree (R-Aurora)

"Our family spent the Fourth of July at community events in Mission Viejo, Shenandoah and Smoky Hill neighborhoods. We visited with friends and constituents and celebrated my granddaughter's first birthday. I visited with Aurora firefighters and thanked them for their service and participation in fighting the fires that have consumed our state. Please keep them in your prayers.  They too are on the front lines."

Rep. Mark Waller (R-Colorado Springs) 

"We had a nice day at home grilling with family and friends.  Our day was capped off with a Sky Sox baseball game.  The highlight of the day was getting to throw out the first pitch while having my son Truman on the field with me."

Have a safe and happy Fourth of July! 

 

A SOCIAL ISSUE? Denver Post Editorial Board Hits McNulty For “Divisive Social Issue” Of…Obamacare

Published on May 16, 2012 by

In an editorial that in some states would qualify as an assault and battery of House Speaker Frank McNulty, The Denver Post accuses legislative Republicans of being just as focused on social issues as are legislative Democrats, who have spent the last several days attacking McNulty and the GOP for killing civil unions legislation.  

But in its editorial, The Denver Post chose a strange example of extraneous social issues to attach to the GOP: repealing Obamacare.  

From the Post:

Unable to offer a straightforward defense, McNulty conjured a laughable explanation that tried to shift the blame to the Democratic governor and a "divisive social agenda."  

"This is Gov. Hickenlooper's special session that he called for the purpose of passing same-sex marriage," McNulty said. "From our perspective, our side is focused on job creation and economic recovery."  

That argument conveniently forgets the divisive issues raised by his party. The first debate of this year's session was on a hopeless resolution calling for a constitutional convention — the last one was held in 1787 — to repeal the Affordable Care Act, aka "Obamacare." Then there were debates on gun rights; a bill that called for drug testing of welfare moms; a measure calling for the federal government to sell land; and the centerpiece of job creation: criminalizing "unlawful termination of a pregnancy." [Peak emphasis]

Now we know it for certain, the Post is off the rails. Repealing Obamacare is not a social issue, in the "guns, God, and Gays" mold (to use the common refrain). It is not some marginal fantasy of an issue contrived by House Republicans either.  

It was the Number One issue of the 2010 election. We all remember former Congresswoman Betsy Markey, correct? The reason she is not in Congress today is because she got on the wrong side of the "social issue" known as Obamacare.  

This is where the story gets interesting.


Today, The Weekly Standard is reporting that President Barry Obama is dangerously close to losing the Arkansas Democratic primary to a random guy who, until about 12 hours ago, was about as well known as any name in the phone book in Backwardsville, Arkansas. And what is Obama's Democratic primary opponent running on, you wonder?  

Wolfe also said he supports repealing the president's signature legislation, Obamacare, which he says doesn’t lower health care costs even if the White House claims otherwise.

“I don’t think it’s right in principle to force people to buy from monopolies,” Wolfe said. “The thing about Obamacare is it’s the best thing for the stock prices of insurance companies.” Wolfe added that he supports a single-payer health care system because it will be more cost effective.

Why none other than the repeal of Obamacare, that waste-of-time tangent and social issue that Frank McNulty and House Republicans wasted their time on this year.  

If repealing Obamacare is a social issue, then Barack Obama's next political job will be Mayor of Little Rock.

Repeal of Obamacare is a genuine concern to a significant portion of the electorate, those who live in Colorado and apparently those who vote in Democrat primaries in Arkansas.

 

“REPORTER”: Pueblo Chieftain Political Beat Writer Asks Speaker If He Is Okay With Being A “Bigot”

Published on May 15, 2012 by

Last night, the political reporter for the Pueblo Chieftain, Patrick Malone, forgot his job for a minute and suddenly thought he was an activist or an editorial writer, not a reporter. In crossing the line, Malone asked Speaker Frank McNulty, who blocked the civil unions bill, if he was "concerned at all that this seals your legacy as a bigot"?

We get it. You support civil unions. That's fine. But so what: do your bloody job. You're a journalist, not an Op-Ed writer. 

Malone didn't even couch the question as asking McNulty to respond to critics who called him a bigot. He straight up said blocking this bill makes you a bigot, does that bother you?

Civil unions, and gay rights more generally, is a "tender and sensitive" issue as Mitt Romney has said. Due to its emotionally charged nature, reporters need to be careful in how they address the issue. Malone, in this case, threw caution to the wind and, along with it, his responsibility as a reporter to be objective and fair. 

When Senate President Brandon Shaffer filibustered his own redistricting bill last year, did Malone ask him if he's concerned his actions would seal his legacy as an enemy of the Colorado constitution? After all, redistricting is one of the few responsibilities for the Legislature laid out in the state constitution and Shaffer was directly dodging that responsibility.

No, Malone didn't ask that.

While we would have loved to see Malone ask Shaffer that question, it wouldn't have been appropriate. Reporters aren't supposed to ask loaded questions.

And in this case, Malone did just that. Let it be a cautionary tale to other reporters. 

(Photo via Malone's Twitter account)


 

HICK CAVES TO MCNULTY: Signs Onto Legislation Allowing Fire Victims To Be Compensated

Published on May 4, 2012 by

Governor Hickenlooper in a press conference this afternoon announced that an agreement has been worked out to help compensate victims of the Lower North Fork Fire, a tragedy begun by state bureaucratic error. After Hickenlooper refused to engage on victim compensation last week, legislative Republicans took the lead and crafted a bill to create a commission dealing with that very issue.

As recently as yesterday, Hickenlooper was telling CBS4 that the GOP's victim compensation bill would only create "false hope." How quickly Hick changed his tune. 

The agreement that was worked out will amend the Governmental Immunity Act to add prescribed burns, one of which started the fire, to a list of waivers to which the Immunity Act does not apply. The amendment will add the Lower North Fork Fire retroactively, allowing victims to seek compensation above the abysmally low caps of $150,000 per person or $600,000 per incident. 

With Hickenlooper caving to legislative Republican pressure, this marks the second time Speaker McNulty has forced Hickenlooper to change his position this session. Earlier this year McNulty fought back against Hickenlooper's public opposition and won a major tax cut for seniors.

As we said this morning, Hickenlooper's seeming political invincibility is rapidly dwindling. For such a supposedly savvy political operator, the fact that Hickenlooper had to have his hand forced by the House on compensating victims for the fire demonstrates that the Governor is perhaps more tone-deaf than previously thought. 


 

BRUTAL: 7News Report Calls Hickenlooper’s Lower North Fork Fire Investigation “Soft” & “Political”

Published on May 3, 2012 by

A recent 7News investigation of Governor Hickenlooper's response to the Lower North Fork Fire found the Governor's review to be “very soft” with “political undertone[s].” The damning report by one of the top investigative teams on Colorado TV provides new fuel for the Fire Commission proposed by the GOP in a bill that lands in the state Senate today after passing the House yesterday. 

Check out the full report here.

What's clear from the 7News report is Governor Hickenlooper doesn't want to do the hard work of assigning blame and cleaning up the mess. 7News asked wildfire expert Rich Schell, former chief officer for the California Department of Forestry and Fire Protection, to review the Governor's report on the fire. Here's what Schell had to say:

“This needs to be reviewed on a serious, investigative basis, not like the Governor's task force report,” said Schell. “I describe the Governor's review as being very soft. I think it has a political undertone. Let's be realistic here, nobody wants to accept responsibility or be liable for this loss, the escaped prescribed burn.”

BAM! We're quite sure the Governor has never had the media deliver such a damning indictment of his leadership since he took office. 

Not only does the 7News investigation call the Governor's report on the fire into question, but 7News's Marshall Zelinger continually points out incorrect statements made by Hickenlooper, calling him out as someone not dealing with the facts on the ground. 

For example:

“And while they were there just kind of walking around and rolling up hoses and leaving, they judged the fire to be completely controlled, suddenly this freak wind came up,” said Hickenlooper.

Wind was forecast ahead of time. On Saturday, the National Weather Service issued a Red Flag Watch for the burn area to take effect Monday.

Only sentences later Hick is again caught misstating the facts again:



[Hickenlooper:]“Now, we started this prescribed burn, there's no question about that. But, according to the Bill Bass report, the prescribed burn was started following and conforming to all the protocols and the way we do these things all over the state.”

That statement is not entirely accurate, as Hickenlooper mentioned earlier that the plan did find errors when the Colorado State Forest Service violated its own plan by not monitoring the burn on Sunday, March 25. [Peak emphasis]

Denver media take note: this is how you interview the Governor without kid gloves.

In terms of legislative action regarding the fire, Hickenlooper's most embarrassing statement comes towards the end of the article. When asked if he is “willing to encourage lawmakers to offer more than the $600,000 immunity cap,” which is what the Fire Commission bill is designed to look at, Hick says:

“We have a cap of $600,000; maybe we should be raising it? Maybe we should have certain exemptions from that cap? If people think we should revisit that and raise the cap, I'm happy to lead that discussion.” [Peak emphasis]

Well, actually, Governor, that is a bald faced lie. When asked about that exact issue last week, this is what Hickenlooper had to say:

[Hickenlooper] repeatedly declined to say whether the state should lift or waive its liability cap, which will divide a maximum of $600,000 between dozens of fire victims who lost millions.

Hickenlooper's honeymoon days are over. The days when he could turn on his charm and avoid all tough issues are no more. Marshall Zelinger of 7News just ripped the Governor a new one, exposing his bumbling leadership on an emotional issue that can't be aw, shucks-ed over. 

Governor Hickenlooper, the discussion on the liability cap has already begun. We guess Speaker McNulty was right when he said at a press conference on the proposed Fire Commission: “The Governor can catch up with us when [the bill] reaches his desk.”

 

FIRE ON HICK MOUNTAIN: Does The Governor Really Want To Oppose Victim Compensation Fund?

Published on May 2, 2012 by

Governor Hickenlooper's continued popularity gives him a great deal of leeway in dealing with sensitive issues, which he generally just avoids altogether, but that doesn't mean he can safely oppose a victim compensation fund for the Lower North Fork Fire started by his own administration. The bill, which just passed the state House and now goes to the state Senate, is designed to deal with a massive tragedy that resulted from state government negligence.

Reports The Colorado Observer's Leslie Jorgensen:

DENVER– The House advanced a bill on Tuesday that would establish a commission to evaluate damage claims against the state by victims of the Lower North Fork Wildfire. The 6-member commission would also investigate the delayed emergency responses to a controlled burn that ignited a massive fire on March 26 that killed three people, destroyed 27 homes and scorched more than 1,400 acres south of Conifer.  

Victims can sue the state for damages, but state law currently caps that amount at $600,000. Proponents of House Bill 1352, sponsored by Republican Reps. Cheri Gerou of Evergreen and Bob Gardner and Sen. Bill Cadman, both of Colorado Springs, said the measure would pave a way for the victims to recover more money for damages.  

Victims of the wildfire would be allowed to file claims for damages that were not compensated by their insurance coverage, but exempts non-economic damages and attorney fees.

Hick and his administration have truly botched the aftermath of this state-caused tragedy. In his first press conference on the fire, Hick channeled Al Gore and tried to blame it on global warming, rather than the bureaucratic negligence everyone knows it to have been. 

Since then, the Governor has yet to take a strong stand on anything but bureaucratic reorganization through recommending moving prescribed burns away from the Colorado State Forest Service and into the Department of Public Safety. 

That's not going to cut it when the state government is responsible for the tragic death of three people and the destruction of 27 homes. 

During a press conference last week, Hick's indecisiveness left a wide gap in crisis management to be filled, specifically how to make whole the citizens whose lives were torn apart by governmental error. From his presser, per 9News:

He repeatedly declined to say whether the state should lift or waive its liability cap, which will divide a maximum of $600,000 between dozens of fire victims who lost millions.

If Hickenlooper won't act, somebody has to. Refusing to lead or take on the issue of compensating victims is not a place politicians ever want to be, made very clear by the fact that the two Democrats who voted in favor of the GOP's Fire Commission bill, Reps. Pete Lee and Daniel Kagan, are in contested re-election races.

If Hickenlooper wants to oppose a victim compensation bill he may see the fire spread from the Lower North Fork Valley onto his own political mountain. And no, that won’t be global warming’s fault either.


 
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