Local legislators count coups in 2010 session

By Dan MacArthur
North Forty News

While the 2010 Colorado General Assembly was far less partisan and brutal than widely predicted, Democrats asserted their majority clout on the biggest issues from start to finish.

First they deleted a dozen business tax deductions to generate some $130 million for balancing the state budget.

And at the end, a surprising coalition from both parties collaborated to pass an extensive overhaul of the system under which teachers are evaluated and attain tenure.

If that seeming cooperation broke down, it was in the battle over the budget, which promises to get even fiercer with the declining tax revenues predicted next year.

The Fort Collins Democratic delegation shared in the successes of their colleagues.

Fort Collins Rep. Randy Fischer said all of his 14 bills and resolutions were passed save for one that would have given Colorado State University students a voting seat on the Board of Governors.

Most significantly, Fischer said, was his bill to prevent abuse of urban renewal authorities by prohibiting inclusion of agricultural lands within them. Fischer said the 15-year effort finally came to fruition in large part through the support of Fort Collins and the Colorado Municipal League.

Local governments can create URAs by declaring properties to be blighted. The designation allows those governments to retain the increased taxes generated by development of the property to pay for the infrastructure required to serve that development. Without a URA, those tax revenues would go to counties and school districts.

"Most people don't consider agricultural land an urban blight," said Fischer, characterizing the practice as a ploy forcing taxpayers to subsidize development.

Fischer said he also was enthused about another bill he carried to identify state parks suitable for alternative energy development. The goal is to generate enough energy to completely offset the park system's electrical needs by 2020.

All 10 bills carried by Fort Collins State Rep. John Kefalas also became law. One measure implements a trial program in Larimer and four other counties enabling child protection workers to employ alternative responses in addressing less-serious child abuse and neglect cases.

Fort Collins State Sen. Bob Bacon carried a bill to facilitate lease-purchase of state buildings. He also was the senate sponsor of a bill making it possible to solicit private funds for reinforcing the deteriorating interior structure of the state capitol.

Loveland Republican State Rep. B.J. Nikkel also succeeded in gaining passage of the six bills and five resolutions she carried. Among them was a bill authorizing a loan from the Colorado Veterans Trust fund to finance National Guard readiness centers in Windsor, Alamosa and Grand Junction.

Another establishes a process for commercial real estate brokers to file liens on property to recover unpaid commissions.

Berthoud Republican State Sen. Kevin Lundberg had less success with his perennial proposals once again rejected. One would provide a tax credit for parents moving their children from public to private schools. The other would give Medicaid recipients greater flexibility in choosing less-costly medical care and living assistance.

Bacon said he believes the apparent lack of partisanship might have been due to the "bitter pill" at the beginning when legislators eliminated the state's contribution to the public employees' retirement plan. Effectively reducing their salaries by 2.5 percent had a sobering effect, he noted, which muted bickering in the awareness of the budget challenges ahead.

That paucity of partisanship was particularly apparent in the emotional last-minute push for educational reform through the teacher evaluation and effectiveness bill. Democrats joined Republicans to pass the unprecedented legislation by comfortable margins – despite strong opposition by local teachers who admonished Kefalas, Bacon and Fischer to reject the proposal in a packed public forum a day before its consideration.

The legislation principally enables new teachers to progress beyond probationary status after three positive annual evaluations. Student academic advancement would count for half of a teacher's rating. Teachers achieving nonprobationary status could lose that status after two consecutive critical evaluations.

With some 200 amendments offered, "it was a bit of a compromise," Lundberg said, "but it was a significant step in assuring teachers in public schools are accountable."

"I think we came to legitimate compromises," Bacon agreed, noting that he was deeply involved in shaping the bill into an acceptable form.

Despite initial opposition, Bacon said he is satisfied that any proposed state regulations arising from the bill will come before the legislature for review. He also believes teachers will be protected from unfair treatment with the provision for an independent arbitrator to hear their appeals of performance reviews.

"It's a good bill," said Nikkel. "It's sad the (Colorado Education Association) was opposed."

Fischer adamantly opposed the bill. Calling it "one of the biggest unfunded mandates we've ever put on K-12 education in recent history," he maintained it would cost hundreds of millions of dollars to implement despite claims to the contrary.

"Any bill that requires 200 amendments to fix it, there's something wrong with it," he said.

Fischer termed the budget debate "one of the most partisan issues of the session."

Lundberg harshly criticized the elimination of the "dirty dozen" tax exemptions as a violation of the Taxpayers Bill of Rights requiring voter approval of any tax increase.

"They did increase the tax burden on everyone," he insisted.

But Fischer said the tax exemptions were among many dozens totaling $2 billion adopted when the state was still flush. If maintained, Fischer said, even deeper cuts would be required in primary and secondary education.

Already, he said, $110 million was slashed from K-12 education in the 2009-2010 budget with another $265 million in cuts expected in next year's budget. On top of that, Fischer said, higher education likely will face big cuts when federal stimulus funds are exhausted.