cut legislature ratings

8/9/2019 CUT Legislature Ratings

1/12

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CUT PO Box 24594, Denver, CO 80224 Taxpayer Hotline (303) 494-2400 www.coloradotaxpayer.org

Rates the Colorado Legislature

Seventieth General Assembly 2010 Report Prepared by Colorado Union of Taxpayers

The Taxpayers Voi

since 1976

C o n g r a t u l a t i o n s !

2010 txpye Chmp*

Senate

Bill Cadman 100%Colorado Springs

Keith King 100%Colorado Springs

Mike Kopp 100%Littleton

Scott Renfroe 100%Greeley

Mark Scheffel 100%Parker

Dave Schultheis 100%Colorado Springs

House

Kent Lambert 100%Colorado Springs

2010 txpye gd

Senate

Kevin Lundberg 96%Berthoud

House

Spencer Swalm 96%Centennial

*Highest score in each house. (rounded)

Key B smmeBe Pe 2

Year to Year?Overall the Senate scored, 44% up rom

33% last year. The House scored 43%, up

rom 36% last year. See the CUT Grid on

pages 6-7.

gve sce...see Pe 4

Cd u txpye re he 2010 lee

F! Once again the Legislature ails the Colorado Taxpayers. CUT joins with others acrosState and in the business community who say the 2010 Legislature was a disaster or s

business owners. The dirty dozen tax bills (see HB-1189-1195&1199) most o which s

through both houses and received the Governors signature attacked small business ow

citizens, children, and even animals. And, i they werent attacking small businesses,

were picking winners and losers in the energy market. (HB-1365) Then, there were the

bordering on ridiculous one o which established a Food Advisory Council (SB-106) m

bureaucracy and more nannyism! We all need government telling us what to eat. There wa

annual raid on cash unds which transerred $87M rom the intended use to other pet proj

(HB-1327) The incessant attacks on TABOR and the initiative process some o which a

thanks to the diligence o citizen groups and conservative legislators. The Colorado Leg

ture continues to increase spending using any means it can deviseone-time unds rom

Feds, increasing ees, and raiding cash unds. Taxpayers, your pocketbook and your libare under assault!

Cut C ac!Vote Yes on Amendments 60 and 61

and Proposition 101!

1. Amendment 60 undoes the illegal property tax in-crease upheld by the unjust Supreme Court.

2. Amendment 61 bans uture state debt and limitslocal debt to voter-approved bonds. Local debt islimited by total amount and 10-year term. Dontburden our children and grandchildren with huge

debt and interest payments.

3. Proposition 101 undoes the new exorbitant ees onvehicles, reduces telephone taxes, and reduces in-come tax, only i income tax revenues increase 6%.

These are modest tax reorm and tax re-

lie measures which will beneft taxpayers

and businesses.

Hw Dd he Pe sce?

senate Houe

Demc 13% Demc . . . . . . 12%repbc 91% repbc. . . . . 87%

Hgh scong Democat

se g swz . . . . . . . . . . . . . . . .44%

repeeve Weey McKey . . . . . .50%

low scong repubcan

se Ke Kee . . . . . . . . . . . . . . . .63%

repeeve tm Mey . . . . . . . . . 71%

Directory

Party Scores

Year to Year Comparison

Senate Scores: High to Low

House Scores: High to Low How did the Governor Rate?

Taxpayer Champions and Guardians

Key Bill Summaries

Senate Bills

House Bills 4,

CUTs Rating Grid

How CUT ratings are determined

Legislator Phone Nmbers

Coloradoans in US Congress

Candidate/Legislator Pledge Form

CUT Presidents Insights Compete ltng and scoe inde


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Page 2 CUT Rates Colorados 2010 Legislature


see sce: Fed Fe?Highest to Lowest - Who is representing the best interests o taxpayers? Heres what

Members o Colorados Senate earned on CUTs 2010 Ratings Scorecard:

CUTSCORE Senators Pledge Party District Hometown

100.00....Cadman, Bill .............. P ............ R ......... 10 .............Colorado Springs100.00....King, Keith ................................. R ......... 12 .............Colorado Springs

100.00....Kopp. Mike ................ P ............ R ......... 22 .............Littleton100.00....Renroe, Scott ..........P ............ R ......... 13 .............Greeley100.00....Scheel, Mark ........................... R ......... 4 ...............Parker100.00....Schultheis, David....... P ............ R ......... 9 ...............Colorado Springs95.65......Lundberg, Kevin ........ P ............ R ......... 15 .............Berthoud92.00......Harvey, Ted ................ P ............ R ......... 30 .............Highlands Ranch92.00......Spence, Nancy .......................... R ......... 27 .............Centennial91.30......Mitchell, Shawn ......... P ............ R ......... 23 .............Broomfeld88.00......Brophy, Greg ............. P ............ R ......... 1 ...............Wray84.00......Penry, Joshua ............................ R ......... 7 ...............Grand Junction68.00......White, Al .................................... R ......... 8 ...............Winter Park62.50......Kester, Kenneth ......................... R ......... 2 ...............Las Animas44.00......Schwartz, Gail ........................... D ......... 5 ...............Snowmass Villag

40.00......Whitehead, Bruce ...................... D ......... 6 ...............Hesperus36.00......Sandoval, Paula ........................ D ......... 34 .............Denver16.00......Tochtrop, Lois ............................ D ......... 24 .............Westminster12.50......Tapia, Abel ................................. D ......... 3 ...............Pueblo12.00......Newell, Linda ............................. D ......... 26 .............Littleton8.70........Gibbs, Dan ................................ D ......... 16 .............Silverthorne8.70........Romer, Chris .............................. D ......... 32 .............Denver8.33........Foster, Joyce ............................. D ......... 35 .............Denver8.33........Keller, Maryanne ........................ D ......... 20 .............Wheat Ridge8.00........Bacon, Bob ............................... D ......... 14 .............Fort Collins8.00........Boyd, Betty................................ D ......... 21 .............Lakewood8.00........Carroll, Morgan .......................... D ......... 29 .............Aurora8.00........Heath, Rollie .............................. D ......... 18 .............Boulder

8.00........Hodge, Mary .............................. D ......... 25 .............Brighton8.00........Hudak, Evie ............................... D ......... 19 .............Westminster8.00........Johnson, Michael ...................... D ......... 33 .............Denver8.00........Morse, John .............................. D ......... 11 .............Colorado Springs8.00........Shaer, Brandon C .................... D ......... 17 .............Longmont8.00........Steadman, Pat........................... D ......... 31 .............Denver8.00........Williams, Suzanne ..................... D ......... 28 .............Aurora

Overall Senate Score . 44%

Key B smme

sB-001 eve he PEra beef e d -

ee e cb e emp

cee vecy PEra wh 30 ye.The bill increases contribution rates or the gov-rnment divisions generally by up to 2.0 % oross payrolls and employee contribution ratesp by up to 2.0 %, with new actuarial ormu-

as in place ater approximately seven years.Cost o living adjustments or retired benecia-ies or infation are generally limited to 2 %er year with new ormulas in place based onERAs actuarial unded ratio. Places an 8 %ap on salary increase or purpose o countingighest average salary or benet computation;nd creates a new age and years-o-service re-uirements to retire with a ull benet. Requiresotice to PERA members in the event o anctuarial necessity. Authorizes the General As-embly to modiy the benets allowed to mem-ers in the dened benet plan. This legislationncreases the taxpayers contribution to PERAy an additional 2% o payrolls. This legisla-on is an admission that the largess in PERAenet rule changes during the last twelve years

was extreme and can no longer be continuediven economic constraints now and in theoreseeable uture. Overly generous pensionenets or state employees (including age 55etirements and earlier retirement buy downs)

was once looked upon as a balance or low-aid state employees. State salary levels nowqual or exceed private levels and state pensionenets greatly exceed employee pensions inhe private sector. This legislation again putsigher burdens on the state taxpayers withoutonverting the PERA system rom a guaranteed

ened benet system to a dened contributionystem that most private sector workers haveo live with. The legislation does not x PERAermanently. Only conversion rom a guaran-eed benets plan to a dened contribution plan

will guarantee nancial solvency or PERA.ASSED. Senate 25/10, House 36/29. (Sen.chaer, B/Rep. Kerr, A) Governor SIGNED.

CUT votes NO. In CUTs view, the benetmodication reorms only partially address thexcesses in the past, and the legislation does notx PERA permanently nancially. Only con-ersion rom a guaranteed dened benets plano a dened contribution plan will guarantee -

ancial solvency or PERA and some relie orhe taxpayers.

sB-106 se Fd advy Cc.This bill sets up a state Food Advisory Coun-il composed o 13 members and an executiveirector/sta to make recommendations to theegislators and policy-makers on changes in theFood System. This includes ood practices,ocal ood economies, ood access, collabora-on with area ood councils and promotion o

Colorado ood marketing program. Four (4)members are to be selected rom state depart-ments o Health & Environment; Agriculture,

Human Services, and Education, and Nine (9)members to be selected by the Governor withrepresentation rom various geographical areas,production, ood retail/distributors, ood assis-

tance programs, and economic development.Members get $4000 annual travel budgets. Thisis in response to a report rom Federal Centeror Disease Control that Americans were noteating enough ruits and vegetables. PASSED.Senate 23/12, House 41/23/1. (Sen.Bacon/Rep.Looper) Governor SIGNED. CUT votes NO.In CUTs view, this represents unnecessary es-tablishment o government bureaucracy aimedultimately at government overregulation o anentire industry beginning at the ederal level andenorced through the state using the Food Advi-sory Council as its entry point.

HB-1001 reewbe Eey sdd /

Cefc

This bill requires most energy providers ttain increasing percentages o their sup

rom non traditional sources until a level ois achieved in 2010 AD. It also sets stantios and qualications or those installingtovoltaic systems. PASSED. House 37/Senate 21/13/1. (Rep. Tyler/Sen. SchwGovernor SIGNED. CUT votes NO. Wheconomic times are good or bad, the Legislhas no business in orcing consumers andties to purchase energy rom more costlyless ecient intermittent sources to satiutopian diktat, nor does it need to codiy ing requirements or low voltage work.

Key Bill Summaries continued on p


3/12

CUT Rates Colorados 2010 Legislature Pag


He sce: Fed Fe?Highest to Lowest - Who is representing the best interests o taxpayers? Heres what

Members o Colorados House earned on CUTs 2010 Ratings Scorecard:

CUTSCORE Representatives Pledge Party District Hometown

100.00....Lambert, Kent D ........ P ........... R ......... 14 .............Colorado Spring96.00....... Swalm, Spencer ............P ...............R ........... 37 .............. Centennial92.00....... Gardner, Bob ...................................R ...........21 .............. Colorado Springs91.67....... Baumgardner, Randy .......................R ........... 57 .............. Hot Sulur Springs91.67....... Tipton, Scott ....................................R ........... 58 .............. Cortez91.67....... Vaad, Glenn .....................................R ........... 48 .............. Mead91.67....... Waller, Mark .....................................R ........... 15 .............. Colorado Springs91.30....... Murray, Carole .................................R ...........45 .............. Castle Rock88.00....... Balmer, David ................P ...............R ........... 39 .............. Centennial88.00....... DelGrosso, Brian..............................R ........... 51 .............. Loveland88.00....... Kerr, Jim ...........................................R ........... 28 .............. Littleton88.00....... Liston, Larry ...................P ...............R ........... 16 .............. Colorado Springs88.00....... Looper, Marsha ................................R ........... 19 .............. Calhan88.00....... McNulty, Frank.................................R ........... 43 .............. Highlands Ranch88.00....... Sonnenberg, Jerry ...........................R ........... 65 .............. Sterling87.50....... Gardner, Cory ................P ...............R ...........63 .............. Yuma87.50....... Stephens, Amy ................................R ...........20 .............. Monument86.96....... Bradord, Laura ................................R ...........55 .............. Collbran84.00....... King, Steve ......................................R ........... 54 .............. Grand Junction84.00....... May, Mike ........................................R ........... 44 .............. Parker84.00....... Nikkel, B.J. .....................P ...............R ........... 49 .............. Loveland84.00....... Priola, Kevin .....................................R ........... 30 .............. Henderson83.33....... Acree, Cindy ....................................R ........... 40 .............. Aurora80.00....... Gerou, Cheri ....................................R ...........25 .............. Evergreen80.00....... Summers, Ken .................................R ........... 22 .............. Lakewood72.00....... Roberts, Ellen ..................................R ........... 59 .............. Durango70.83....... Massey, Tom ....................................R ........... 60 .............. Poncha Springs50.00....... McKinley, Wesley .............................D ........... 64 .............. Walsh28.00....... Curry, Kathleen ................................D ...........61 .............. Gunnison21.74....... Rice, Joe ..........................................D ........... 38 .............. Littleton20.00....... Pace, Sal..........................................D ........... 46 .............. Pueblo16.67....... Weissmann, Paul .............................D ........... 12 .............. Louisville16.00....... Apuan, Dennis .................................D ...........17 .............. Colorado Springs16.00....... Casso, Edward ................................D ...........32 .............. Thornton12.50....... McFadyen, Bufe.............................D ........... 47 .............. Pueblo West12.50....... Primavera, Dianne ...........................D ........... 33 .............. Broomfeld12.50....... Scanlan, Christine ............................D ........... 56 .............. Dillon12.00....... Fischer, Randy .................................D ........... 53 .............. Fort Collins12.00....... Kealas, John ...................................D ........... 52 .............. Fort Collins12.00....... Merrifeld, Michael ...........................D ........... 18 .............. Colorado Springs12.00....... Peniston, Cherylin ............................D ........... 35 .............. Westminster12.00....... Soper, John .....................................D ........... 34 .............. Thornton9.09......... Miklosi, Joe ......................................D ........... 9 ................ Denver8.33......... Frangas, K.Jerry ..............................D ........... 4 ................ Denver8.33......... Gagliardi, Sara .................................D ........... 27 .............. Arvada8.33......... Kerr, Andy ........................................D ........... 26 .............. Lakewood8.33......... Levy, Claire ......................................D ...........13 .............. Boulder8.33......... Middleton, Karen .............................D ........... 42 .............. Aurora8.00......... Carroll, Terrance ..............................D ........... 7 ................ Denver8.00......... Court, Lois .......................................D ........... 6 ................ Denver8.00......... Hullinghorst, Dickey Lee D ...............10 .........Boulder .....8.00......... Judd, Joel ........................................D ........... 5 ................ Denver

8.00......... Kagan, Daniel ..................................D ........... 3 ................ Denver8.00......... Labuda, Jeanne ...............................D ........... 1 ................ Denver8.00......... McCann, Elizabeth...........................D ........... 8 ................ Denver8.00......... Riesberg, Jim ...................................D ........... 50 .............. Greeley8.00......... Ryden, Su ........................................D ........... 36 .............. Aurora8.00......... Schaer, Sue ....................................D ........... 24 .............. Wheat Ridge8.00......... Solano, Judy ....................................D ........... 31 .............. Brighton8.00......... Todd, Nancy ....................................D ........... 41 .............. Aurora8.00......... Vigil, Edward ....................................D ........... 62 .............. Alamosa4.35......... Benefeld, Debbie ............................D ........... 29 .............. Arvada4.17......... Ferrandino, Mark .............................D ........... 2 ................ Denver4.17......... Tyler, Max .........................................D ........... 23 .............. Lakewood

4.00......... Pommer, Jack ..................................D ........... 11 .............. Boulder

Overall House Score . 43%

a sPECial BrEEDA special breed o legislators is

demonstrating election year cam-

paign pledges are not simply po-

litical rhetoric. In 1998, CUT es-

tablished a ten-point Candidate/

Legislator Pledge or legislative

candidates. The program was

very successulwith about one-

third o the entire general assemblysigning the pledge. CUT's pledge

signers are shown with a P on

pages 2 and 3. CUT Champions

and Guardians are almost always

pledge signers. Be sure to con-

gratulate them or their high scores

and integrity in ollowing through

on their campaign promise to be

fscally conservative.

B-1002 Py o taBor red Mehd

This bill increases the threshold amount o ex-ess state revenues which would normally trig-er a reund to the taxpayer via a temporary taxate reduction; and, also introduces a reundreeze i spending measures are on the Novem-er ballot. PASSED. House 37/27/1, Senate2/12/1. (Rep. Kealas, Sen. Sandoval) Gov-rnor SIGNED. CUT votes NO. In an eort tourther bypass the requirements o TABOR, the

Legislature has decided to amend the Constitu-on by statute again, enabling it to hang on toour money or a bit longer. This is a Back Door

Tax Increase without a vote o the people.

B-1008 Phb a Cde

ede e re idvd Heh i-

ce PceAccording to the Colorado Legislative Council

ta Fiscal Note; This bill prohibits insuranceompanies rom using gender as a actor in de-ermining the rate or an individual health cov-rage plan. Any premium rate based on gender

will be considered unairly discriminatory. The

Governor signed the bill into law on March 29,010, and it takes eect January 1, 2011.ASSED. House 59/4/2, Senate 20/13/1/1.Reps. Schaer S/McCann/Sens. Carroll M/chwartz) Governor SIGNED. CUT votes NO.

This bill added language to the state statues thatutlines additional requirements or health in-urance companies to be able to oer medicalnsurance in Colorado. Current law prohibitsonsumers rom purchasing health insurancerom out-o-state companies that are not ap-roved by the state insurance regulators. Thisurrent prohibition is one o the reasons that

Key Bill Summaries continued on page 4


4/12



Hwdd he

gvere?

8%Governor Ritter's 8% rating is dorom 9% last year. Again he depeed on the partisan Supreme Couroverlook the unconstitutionality ocreasing taxes (now called ees) wout a vote o the people and signedbills increasing ees, eliminating

exemptions, attacking small businand picking winners/losers in enerHe vetoed a common sense bill whwould have reigned in the exorbitcost o state vehicle usage. Vetotoo, the educational transparency which would have allowed taxpayto see exactly how their educatiotax dollars are being spent. FarewGovernor Ritter, the rst one-tegovernor in many years.

Governor Bill Ritt

ealth insurance rates are not as competitive ashey could be. Dictating yet another mandatenly ensures that rates will be higher or allonsumers who purchase insurance. Like carnsurance, which has dierent rates or malesnd emales, health insurance companies oughto be able to price their products in a mannerhat makes the most business sense.

B-1017 ahz Ce Pbc E-

e Ee Vy aeeme aec-

re Pve rede PpeyAccording to the Colorado Legislative Council

ta Fiscal Note, this billstates that a countyr municipal ordinance or resolution to controlent on a private residential housing unit shallot include:an individualized negotiated agreement tolimit rent on the unit or to otherwise preserveaordable housing stock; orthe placement on the title to the unit of a deedrestriction that limits rent on the unit or thatis otherwise designed to preserve aordablehousing stock.

The bill authorizes agreements to speciy howong a private residential housing unit is sub-ect to its terms, whether a subsequent propertywner is subject to the agreement, and remediesor early termination. PASSED. House 39/26,enate 21/12/1/1. (Reps. Kagan/Sen. Boyd)

Governor SIGNED. CUT votes NO. Therevious statue wording was very preciseno county or municipality may enact any

rdinance or resolution which would control

ents on private residential property. Theight o private contract is core to our systemr ree enterprise. Allowing municipalities touthorize agreements on the length o terms,

ubsequent property owner restrictions and con-equences o early termination have no place inrivate property negotiations.

B-1036 o-le Pbc acce Pbcch Fc im

The Colorado Legislative Council Sta Fis-al Note provided the ollowing Summary o

Legislation: This bill, requires that localducation providers post specied nan-ial inormation online in a ormat that can beownloaded by the public. The bill indicateshe required data and a time line or posting theata online. The bill requires that local educa-

on providers post:annual budgets;audited nancial statements;quarterly nancial statements;salary schedulescheck registers and purchase card statements;investment performance reports; anda link to the Colorado Department of Educa-tion website.

Postings must be updated within 60 days oew inormation and must remain availableor at least 2 years. PASSED. House 63/1/1,enate 32/0/3. (Reps. Scanlan, Massey /Sen.

Romer) Governor SIGNED. CUT votes YES.CUT congratulates the legislature or this sig-nicant piece o legislation. Transparency ingovernment is key or Colorado state residentsto understand how their education tax dol-lars are being spent. This legislation providesor a 3 year transition period to have all o thenoted public school spending posted online, in adownloadable ormat. This inormation will al-low comparisons o school expenditures amongdistricts and promote eciencies and account-ability in the school system. CUT encouragesthe legislature to continue this transparencyeort with other components o state govern-ment.

HB-1138 Cd Heh sevce CpThis bill creates a new government apparatus toprovide money or retiring educational loans ounspecied health proessionals who will workin designated under-served areas. PASSED.House 56/5/4, Senate 27/8. (Rep. Gagliardi/Sen. Morse) Governor SIGNED. CUT votesNO. The state should not be creating yet another

15 member commission and an (untouchable)cash und to disburse excess money unequally.The bill does not speciy what classes or cratswould receive the loan orgiveness or how muchcould be given to a single individual or his twoyear assignment. Further it denies anything toanyone who has the audacity to work in theprivate sector. To quote Mussolini All thingswithin the state, nothing outside the state.

HB-1189 Em se tx Exemp Dec MThis bill (illegally) eliminates the Sales & UseTax exemptions on materials used in direct mail

advertising, except i included in newspapers.PASSED. House 37/28, Senate 19/15/1. (Rep.Pommer/Sen. Heath) Governor SIGNED. CUTvotes NO. The elimination o a tax exemptionis a tax increase and, by the Colorado Constitu-tion, must be subject to voter approval. Further,this action will encourage advertisers to look orout-o-state mailing houses. Finally this may bea tax on ree speech.

HB-1190 sped id Fe se & ue

tx ExempThis bill imposes a temporary sales tax, expir-ing July 1, 2012, on the purchase o energy used

or industrial purposes. PASSED. House 51/14,Senate 18/16/1. (Rep. Pommer, Sen. Heath)Governor SIGNED. CUT votes NO. In Colo-rado, when an industrial production acilitysuch as a beer bottler, a telecommunicationsprovider, or a tire manuacturerpurchasesenergy, that production has not been subject tosales tax. Sensibly, the law treated the industryspurchase o electricity or heating as a wholesalepurchase, so the sales tax was inapplicable.When the nal product (e.g., a six-pack o beeror a set o tires) is sold to the consumer, thesales tax applies then; because the sales tax is

based on the retail sales price, the sales taxbe based on the cost o all wholesale inincluding energy. This bill taxes the wholpurchase o energy, and thereby impodouble taxation, rst at the wholesale levethen at the retail level.

HB-1191 Eme Cdy & s Dk

tx ExempAlthough non-restaurant ood is exempt sales taxes, this bill imposes the sales tacandy and soda purchased rom stores or ving machines. PASSED. House 36/29, S18/17. (Rep. Pommer, Sen. Heath) GovSIGNED. CUT votes NO. The bill repreanother step in government micromanageo what we choose to eat. A sot drink inon-alcoholic drink that contains sweeteSo apparently iced tea is not a sot drink,sweetened ice tea is. Candy is any prin the orm o bars, drops, or pieces wcontains sweeteners, but only i there is noin the product and the product does not rererigeration. So Altoids are taxable while

rice is notsince no sweeteners are addthe production o the latter. The picayunetinctions will be highly burdensome or rers, especially small businesses, trying to out what is taxed, and to apply the tax to ood purchases but not others.



5/12



2010 txpye Chmp

Senate ChampionKeith King

Senate ChampionMike Kopp

Senate ChampionScott Renfroe

Senate ChampionMark Scheffel

Being recognized by CUT isalways an honor. The memberso CUT are steadast intheircommitment to hold electedocials accountable or voteson taxes, spending and liberty.I am grateul to be in the com-

pany o other legislators CUThas recognized as true believ-ers in limited government.

The 2010 Legislative sessiongives Colorado a clear choiceor those who support limitedgovernment and taxation.

When it comes to theeconomy, the most importantwork legislators can do is todeend taxpayers. Their indi-vidual reedom and prosperity-- not more government -- isthe goal. Im pleased to be rec-

ognized by CUT as a legislatorwho has made deending thepersonalnancial well being oColoradans a top priority.

Tax increases, hiding asees, have dominated thescal policy at the Capitol.Attacks on TABOR seem tooccur daily. I have stood rmand always will against theprogressive vision o growing

government and controllingour lives with tax increases.I thank CUT or the ratingsand encourage the tax-payerso Colorado to become activeand hold anti-ree market biggovernment legislators ac-countable.Colorado taxpayers,amilies, and business cannotaord their policies.

I applaud CUT or their e-orts to educate the electoratand spotlight ailed tax policthat aect the daily lives oColoradoans. It is an honorto be recognized by CUT, Iwill continue to represent an

deend the rights o taxpayerin Colorado.

Senate ChampionDave Schultheis

House ChampionKent Lambert

SenateGuardianKevin Lundberg

House GuardianSpencer Swalm

The ONLY method o slow-ing or reversing the constantgrowth o government is to cuto its supply o tax and eeincome. No other solution willbe eective.We must be ever-vigilant to do so. Furthermore,it is counter-productive to en-courage government eciencyunless those savingscanbe returned to the taxpayer;greater eciencyonly pro-vides unds or more programsor or the expansion o existingprograms.

The 2010 Legislative sessiongives Colorado a clear choiceor those who support limitedgovernment and taxation.

According to the Declaration-o Independence, the purposeo government is to secure ourGod-given, inalienable rights.This is not possible when gov-ernment continues to take moreand more o our individualrights through higher andhigher taxes. I we stop spend-ing and taxing more than thepeople can reasonably aord,reedom and prosperity willonce again thrive. I am com-mitted to putting this principleo good government back intoour states policies.

Colorado taxpayers havesaid through their consistentsupport o the TaxpayersBio Rights (TABOR) that theydont want their taxes raisedwithout rst getting their pemission. I intend to honor thwishes and the oath o ocetook to protect and deend thColorado constitution. I willoppose any legislative eortto ignore TABOR.

2010 txpye gd

Senate Champion

Bill Cadman


6/12


7/12


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Call Your

Colorado Legislators

Representatives

Democrats: (303) 866-2904Republicans: (303) 866-2904

Senators

Democrats: (303) 866-2316

Republicans: (303) 866-2316

Legislative Phone Numbe

Hw th r i De

Each state legislator is rated on hor her tax, spending, or governmeintrusion votes. For a bill to be chsen, it must have a split vote, wivotes both or and against the biThe bill must have a ull vote in ochamber and at least a committvote or ull vote in the second chamber. Each legislators percentagecalculated by the number o votcast. Year-to-year comparisons idicate that CUT is accurately me

suring whether a legislator avolower taxes and less government,a riend o the taxpayer, or contiues with higher spending and creing more government intrusion our lives.

CUT Board o Directors ruled thTaxpayer Champions must sco75% or better to be identied asTaxpayer Champion.

B-1192 se & ue tx sddzed s-

weThis bill eliminates the sales tax exemption orownloaded sotware. PASSED. House 35/30,enate 18/17. (Rep. Pommer, Sen. Heath) Gov-rnor SIGNED. CUT votes NO. Under a 2006egulation, downloaded sotware was not sub-ect to the sales tax. This bill repeals that regu-ation, and imposes the tax by statute. The billhereby imposes on out-o-state sotware ven-ors the burden o collecting Colorado sales tax.

The tax applies even to the purchase o a 95 centingtone or a cellphone. So a company whichells a 99 cent song to a Texas tourist who is inDenver hotel is supposed to remit a sales tax

o the Colorado Department o Revenue. Theill exempts custom sotware which is special-y written or one and only one customer, andever sold to anyone else. Standard sotwarehat is embedded in a larger package o customotware is taxable. Sotware industry repre-entatives explained to the General Assemblyhat the bill creates enormous complexities and

would be impossible to understand, especially

ince the bill provides that the tax will be ad-ministered by only one part-time Department oRevenue employee.

B-1193 ConCErning tHE CollECtion oF

salEs anD usE taXEs on salEs MaDE BY

ut-oF-statE rEtailErs, anD MaKing an

PProPriation tHErEFor. (aKa: the amz

x)This bill creates an enorcement mechanismnd new reporting requirements or aliates any type on-line sales in Colorado madey out-o-state retailers. The bill provides or131,584 or one FTE, $40,000 or legal ser-

ices and $30,000 or implementation begin-ing July 1, 2010 (and leaves open the optionor so much thereo as may be necessary.ASSED. House 34/31, Senate 19/16. (Rep.ommer/ Sen. Heath.) Governor SIGNED.

CUT votes NO. This legislation mirrors that oome other states in an eort to squeeze everyunce o revenue out o any and all sales result-ng rom non-traditional means (primarily in-ernet, but not limited to catalog and lemonadetand sales). The rst reaction o the dominantnternet sales company, Amazon.com, was tond its aliate program, eectively cutting oources o supplemental income (that is already

axable) to thousands o Colorado home basedliates. The state claims it will generate mil-ons o dollars in revenue, but the requirement

o produce sales data on each individual whourchases anything means the real cost will bendividual privacy.

B-1194 ConCErning tHE narroWing oF

tHE EXisting EXEMPtions FroM tHE statE

salEs anD usE taXEs For artiClEs solD

o sEllErs oF itEMs intEnDED For HuMan

onsuMPtion tHat arE FurnisHED BY tHEsEllErs to tHEir CustoMErs WitH suCH

itEMs WitHout tHE aDDition oF a sEParatE

CHargE, anD MaKing an aPProPriation

tHErEFor. (aKa: the B tx)This bill removes the tax exempt status o con-tainer packaging used to hold ood items thusrequiring retailers and any ood sales vendorsto charge or your to-go bag. The bill providesor $94,322 and 0.9 FTE, or so much thereo asmay be necessary. PASSED. House 34/29/2,Senate 18/17. (Rep. Ferrandino/Sen. Heath).Governor SIGNED. CUT votes NO. This leg-islation was supported by newspapers (their pa-per is tax exempt) as a good idea to support thedamaging eects o plastic and paper bags inland ll. The eect o the tax is to be yet an-other increase in the cost o groceries or in get-ting anything to-go. This is the kind o taxationintended to either change behavior, or simplycreate an excuse to expand the state Departmento Revenue. It hurts large amilies and is littlemore than a symptom o excessive governmentdemanding more money at every turn.

HB-1195 ConCErning tHE susPEnsion oF

tHE EXEMPtion FroM tHE statE salEs anDusE taXEs For CErtain itEMs usED in agri-

Cultural ProDuCtion, anD MaKing an aP-

ProPriation tHErEFor.The bill suspends the exemption rom the statesales and use taxes or the sale, storage, use,or consumption o agricultural compounds usedin caring or livestock, ranching and pesticidesor use in the production o agricultural or live-stock rom March 1, 2010 to June 30, 2013. Thebill provides or $94,322 and 0.9 FTE, or somuch thereo as may be necessary. PASSED.House 34/31, Senate 18/17. (Rep. Ferrandino/Sen. Heath). Governor SIGNED. CUT votes

NO. This legislation causes one to pause as theexemption, like a large number o arm exemp-tions, is not treating all businesses equal. Oncloser evaluation, it is simply punishing armingthat is not considered organic and eectivelycausing the cost o ood production to increase.While CUT does not advocate granting nar-row exemptions to any particular industry, thisparticular revocation o an exemption appearsto target produce that does not t the environ-mental litmus test. This will result in an increasecost at the grocery store and will encourage ur-ther subversive taxation to take place by out-o-control legislators supporting their personalenvironmentalist agenda.

HB-1199 tempy lm he se icme

tx Dedc ne ope lPart o the Colorado Legislative Council StaFiscal Note provided the ollowing Summaryo Legislation: Under current law, a corpora-tion may reduce its Colorado taxable income bycarrying orward its net operating loss (NOL).There is no limit on the amount o NOL thatmay be carried orward to reduce a corpora-tions income. As amended by the Senate Fi-nance Committee, or tax years 2011, 2012, and

2013, this bill limits the amount o NOLmay be carried orward to $250,000. A may be carried orward one additional yeeach year that a corporation is prohibited carrying orward a portion o its NOL resu

rom the $250,000 cap. In addition, anytion o NOLs that are deerred to 2014 dthe requirements in this bill shall be incrby an amount equal to interest set at the prate, as reported by the Wall Street Journalone point, rounded to the nearest ull percea period equal to the deerral period or wthe NOL is deerred. PASSED. House 3



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Hep Cut We, Fd, d abe Y tx D

Since 1976 CUTs awareness eorts have saved Colorado taxpayershundreds o millions o dollars. Yet we have much to do. Please helpby supporting CUT today. CUT is saving you money by reducing yourtaxes.

q Yes, I want to support CUT. $20 Annual Dues/6 years $100

q I want to do more! Here is my additional donation o $_______

q Taxes are too high already and I want to protect against urthertax growth. Here is my contribution o $________ Please keep

me inormed.

Make checks payable to CUT, Mail to P. O. Box 24594, Denver, CO 80224)

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enate 19/16. (Rep.Ferrandino /Sen. Heath)Governor SIGNED. CUT votes NO. Thiss another example o the legislature squeez-ng Colorado businesses or more tax revenue.

The Legislative Council Sta anticipates thathis change will add $8.2 million dollars to FY010-11 and $16.6 million in FY 2011-12. Attime when Colorado businesses are struggling

with the current recession it makes no sense toeny them the ull exemption. The Coloradoegislature has not yet learned that spending

CUTS are required in a time o recession.

B-1287 Cce he e e-wedm vehce cmm ppe.

The Colorado Legislative Council Sta FiscalNote provided the ollowing Summary o Legis-ation: This reengrossed bill denes commut-ng as driving a state-owned vehicle betweenn employees residence and his or her princi-al or temporary work location, except whenhe employees residence is his or her princi-al work location or the employee is respond-ng to an emergency. As o October 1, 2010,

state-owned vehicle may be used by an em-loyee or commuting purposes only i currentaw requirements are met, the employees jobescription requires it, and the employee agreeso allow the state to deduct reimbursement orommuting rom his or her salary. A state agen-y may not waive reimbursement except or anmployee who drives a clearly marked police orre vehicle, or other qualied non-personal useehicle. Other provisions o the bill:

require each state agency to submit a writtenpplication to the Division o Central ServicesDCS) within the Department o Personnel and

Administration (DPA) or each employee thathe executive director authorizes or commut-ng;direct the DCS to establish rules for com-

muting, to veriy and approve each employeesommuting authorization, and provide an annu-l report to the Joint Budget Committee on these o state-owned vehicles or commuting;specify that the Internal Revenue Service

IRS) lease-value rule will be used to determinehe rate or employees that are required to pro-ide reimbursement; and

require the state to tax the employee ifhe amount reimbursed or the commuting use

the vehicle is less than the IRS value o theommuting benet.

Reimbursement monies are credited to thetate-Owned Motor Vehicle Commuter Cashund created under the bill and appropriated

o the DCS to pay operating expenses or com-muter vehicles. Appropriations made to stategencies or these costs will be reduced by aorresponding amount. All interest and incomes credited to and shall remain in the cash und.ASSED. House 59/2/4, Senate 35/0, (Rep.

Lambert/Sen. Cadman) Governor Vetoed.CUT

votes YES. The current cost o this program isapproximately $2,721,653 per year. The Colo-rado Fiscal Note states Under current prac-tice, employees who commute to work using astate vehicle must pay income taxes based onthe value o the vehicle to the employee. Mostemployees pay taxes on $60 per month o im-puted income. This amount represents the tax-able value o the commuting benet and is nota reimbursement to the state. There are cur-rently 1,058 employees using state vehicles orcommuting purposes and travel approximately7,458,900 miles per year. The current cost othe program is $2,721,653 per year.

HB-1327 te Ch Fd Me he

gee FdThis bill augments the state General Fund rev-enue in FY 2009-2010 by requiring the StateTreasurer to transer a total o $87,856,471 tothe General Fund rom 11 dierent cash unds.This bill does not directly increase state expen-ditures but it makes over $87 million availableor appropriation by depleting unds generated

or the original intended purposes (e.g., HigherEducation Maintenance and Reserve Fund,Public Saety Communications Trust Fund,Local Government Permanent Fund, Law En-orcement Assistance Fund, etc.) PASSED.House 36/29, Senate 20/12/3. (Rep. Pommer,Sen. White) Governor SIGNED. CUT votesNO. The legislature AGAIN robs Peter to payPaul. I the money is not needed or its intendedpurpose in these special unds, it should be re-turned to taxpayers in the orm o lower taxesand ees. Instead, the State Government has

chosen to steal this money to cover its owability to cut spending out o the General F

HB-1328 new Eey JbCreates a new agency (District) to providcentives or subsidies or energy conservor alternative energy installations. Declareit is not a government or purposes o TAand exempts it rom constitutional mano Ethics in Government. Authorizes thsuance o $800,000,000 in bonds that thepayers may NOT vote to approve. Establa $10,000,000 debt und within the Treasuoce to make up missed payments. PASHouse 37/26/2, Senate 20/13/2. (Rep. MiSen. Schwartz). Governor SIGNED. CUT NO. To support this you must rst believthere is no higher or better use o a huge cainvestment than what the General Assembldetermined. Its a wasteul diversion andates a government that is not elected but rua board appointed by elected ocials, buis declared not to be a government. That terrible precedent. Like the huge lending

with Fannie Mae securities, the State creasimilar monster and tells voters not to wor

HB-1333 new Eey t PmUses $100,000 stimulus money to staa new training program or workers whoinstall energy conservation and energy alttives. PASSED. House 39/25/1, Senate 23/( Rep. Vigil, Sen. Schwartz) Governor SIGNCUT votes NO. Why didnt the last great

Key Bill Summaries continued on pa


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ng program work? There are lots and lots oovernment training dollars spent with no dis-ernable results except duplication o eort and

waste o taxpayer unds. Since green energys not itsel sel-sustaining, its supporters mustnd many dierent ways to subsidize it.

B-1365 iceve F ue t Cve

m C t n g

This bill will prod energy suppliers to convertheir power plants rom coal ueled to naturalas, and to allow long term natural gas supply

ontracts thereore. PASSED. House 53/12,enate 20/13/1/1. (Rep. Solano, Sen. White-ead) Governor SIGNED. CUT votes NO.

Cowering beore prospects o additional EPAClean Air regulations and the prospect o be-ng called un-Green, the House in a Bi-Partisanort and the Senate decided to substitute theirollective wisdom or that o the Market, ignorehe possibilities o nuclear power, cripple thetates coal mining industry, and perhaps raise

he uture cost o home heating. The obligatoryse o natural gas or uel may not be the bestse o this valuable and versatile commodity.

HB-1370 icee Dce reqeme ie CmpStrengthens the requirements or issue commit-tees to report expenditures on statewide ballotissues and identies specic thresholds. Clari-es who may submit pro and con statements.PASSED. House 51/10/4, Senate 25/10 ( Rep.Court, Sen. Steadman). Governor SIGNED.CUT votes NO. Some provisions place ur-ther administrative burdens on proponents oropponents o ballot measures; another step inrestricting 1st Amendment reedoms in the in-terest o disclosing who is paying or what.

HB-1376 a se Bde (l B)

The annual state budget or the scal year be-ginning July 2010 totals $19.6 Billion. This rep-resents an increase in the total budget o $400Million (about 6%) over last years budget.PASSED. House 40/25/0, Senate 22/13/0 (Rep.Pommer, Sen. Keller). Governor SIGNED.CUT votes NO. This budget uses other leg-islation that eliminated many tax credits andexemptions and raised ees and shited monies

into the general und rom other cash accounts,which CUT has also opposed. It assumes taxrevenues will rise by 5.8% in the new scalyear even though these revenues ell by a totalo $1.3B over the last two years and we havenot seen signicant improvement in Coloradoseconomy. The legislature ignored calls romRepublican members or across-the-board cutsrom state agencies. Citizens have to sacrice tomake their amily budgets work but the stategovernment reuses to show the same commonsense restraint.

HB-1409 se Empyee Cmpe

This (very late) bill attempted to resurrect thelong dead Step and Level automatic pay in-crease system which gave automatic raises tostate employees in part based on date-o-hire.PASSED. House 35/27/3, Senate 22/13 (Rep.Pommer, Sen. Tapia) Governor VETOED.CUT votes NO. Like a Vampire eagerly await-ing someone to lit the lid o his con and reehim to prowl the earth to suck more blood romthe taxpayer, Step-and Level almost returned. Ina time o economic distress, the Legislature hadno business to saddle the State and its citizenswith additional annual cost increases, some owhich could be termed Dozing or Dollars.Further the newly ounded union would havebeen established as a player in determining payrates. Thank the Governor or driving anothernail into this con. To add insult, this bill wastagged as an emergency measure to precludecitizen review.

HB-1417 Py Eqy Cmm wh he De-

pme lb d EmpymeThis bill creates an 11-member Pay EquityCommission in the Department o Labor andEmployment, the members o which are to beappointed by the Governor by August 1, 2010.

The non-paid commission will educate emers and employees regarding pay equitybest practices or encouraging equal paycommission will submit reports to the GeAssembly by June 30th o each year until isets on July 1 2015. The Department o Land Employment is authorized to accept grants and donations or the commissions wPASSED. House 35/28/2, Senate 21/13/1. Peniston/ Sen. Williams) Governor SIGNCUT votes NO. A commission undegits that will then put pressure on businor its agenda? Really? Gits rom whom?one doesnt quite pass the smell test! Coldoesnt need any more intrusion on its busies. And State Government does not need aer commission which will undoubtedly entaking paid government employee time andterials at a timewhen undingis supposedlyso limited.

How Congress Voted*Senate Results

Bennet, M F 10%

Udall, M F 8%

State Average 9%

House Results

Coman, M B+ 88%

DeGette, D F 2%

Lamborn, D A 93%

Markey, B D 19%

Perlmutter, E F 3%

Polis, J F 8%

Salazar, J F 8%

State Average 32%

*Source: National Taxpayers Union,

111th Congress 1st Session 2009

CutBd Dec

Marty Neilson

President & Ratings Chairman

Gregory Golyansky

Vice President

Jim Frye

Secretary

Bill Hammel

Treasurer & Ratings Statistician

Joe Chavez

Russ Haas

Dave Kopel

Dan Kopelman

Penn Pfner

Ruth Prendergast

Lou Schroeder

Wendy Warner

Renee Welsh


11/12

CUT Rates Colorados 2010 Legislature Page


CANDIDATE/LEGISLATOR PLEDGE

I_______________________________________, candidate/Legislator or________________________

hereby pledge to the Citizens o Colorado:

Tabor to honor and uphold the spirit as well as the letter o TABOR.

New Taxes to oppose any new net tax increase.

Spending Limit to limit government spending to growth o Colorado population and infation.

Tax Surplus to support the reund o surplus taxes to the citizens o Colorado proportional to their contrbutions.

Prioritize Spending to support prioritizing the budget by shiting spending rom lower valued programs to thehigher priorities, and not und spending with new net taxes.

Education to support educational alternatives such as vouchers to create competition and improve stu-dent results at a lower cost.

Privatize to support privatization o government departments and unctions to make them more eciand less expensive.

Property Rights to deend private property rights rom takings by government or by regulation.

Payroll Deductions to oppose unauthorized payroll deductions that are used or political purposes.

Petition Rights to support the citizens right to petition with rules as non-restrictive as possible.

Signature:_____________________________________________Date:__________________________

Sponsored by: Colorado Union o Taxpayers, PO Box 24594, Denver, CO 80224, 303-494-2400 REV 2009

SAVE THE DATE:

SATURDAY, SEPTEMBER 25, 2010

8:00 AM REGISTRATION, PROGRAM 9:00 AM

You are invited to Breakfast to honor

The Outstanding Legislators of 2010

SPEAKER AND LOCATION: TBD


12/12

CUT PO B 24594 D CO 80224 T H tli (303) 494 2400 l d t

Where is the outrage?The Governor,Legislature, and localmedia continually bemoan the budget cuts.What budget cuts? Total appropriations

Y2008-2009 $18.6 Billion; FY2009-201019.2 Billion; FY2010-2011 $19.6 Billion.

Do none o these people understand simplemath? With a budget increasing year over

ear, why is it all we hear about is the millions dollars the budget has been cut? It is be-ause the ever-increasing lust or more o yourax dollars is more important than the truth. Its the sky is alling technique. Oh yes, theyll want to tell you about ederal mandates,he General Fund, etc.; but, the acts are clear.

There have been no budget cuts.

TABOR, the taxpayers bill o rights, is stillnder assault. Were it not or TABOR, the

Legislature would spend us into bankruptcyust like Caliornia. With a complicit State

Supreme Court, the Legislature boldly pushedthrough legislation (take the dirty dozen)which constitutionally required a vote o thepeople. Also, during the 2010 session taxes

morphed as ees, implemented again withouta vote o the people. Reerendum C did per-manent damage to TABOR by setting a newrevenue limit that increases with populationand infation and no longer gets reset whenrevenues go down. So, even though the Re Ctime out has expired, dont expect TABORreunds or a long, long time. What we neednow is a legal challenge to Reerendum C.How can you change the Colorado constitu-tion by enacting a statue?

This was a great year or CUT! Six Sen-ate Champions and one House Championreceived 100%. Yet the session overall was a

great disappointment to taxpayers and smallbusiness. The November election is the timeto elect more scally responsible state sena-tors and representatives. Elect scally conser-vative senators and representatives and scalsanity might just happen in the 2011 legisla-tive session. Visit the CUT website (www.coloradotaxpayer.org) to nd whether or notyour candidate has signed the CUT pledge.(see page 11) I he has not, encourage him todo so. Legislators must be held accountable tothose ooting the bill.

I urge to you to vote YES on amendments60 and 61 and proposition 101. These aremoderate, modest proposals or tax relietax reorm. Amendment 60 will undo the

unair property tax increase and end illegtax hikes lacking voter approval. Amendment 61 revives 1876 ban on state borrowrequires voter approval beore local borroing, and limits term and amount o borrowing. Dont allow government to saddle ychildren with long-term debt and high intpayments. Proposition 101 will undo thenew exorbitant vehicle tax, end taxes andees on phone (except 911), pager, cable btrims income tax rate .1% only i yearly trevenue grows 6+%. I you sincerely belin smaller government, support TABOR, believe you know better how to spend youhard-earned money than government, you

embrace these tax relie measures.

Please continue to support the ColoradoUnion o Taxpayers with your dues o $20your contributions. The tax and spend locontinually want to increase their grasp oyour pocketbook and your liberty. We muband together now to halt the rapid growtgovernment, the incessant, intrusive regultions crippling small business in our statethe nanny-state mentality chipping away our liberty.

Marty Ne

Colorado Union of Taxpayers

P.O. Box 24594

Denver, CO 80224

Taxpayer Hotline: (303) 494-2400

www.coloradotaxpayer.org

2010 C rm he Cd u txpyeHep Cut gw!

CUT has published ratings of the Colorado Legislature since 1977-34 years of ratings! Join us and help make a difference.

A complimentary copy of the CUT Rating can be obtained by mailing a self-addressed, stamped envelope to the CUT address below.

Send us the names and addresses of up to ve other individuals whom you believe would like to receive CUT ratings. Well do the rest.

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