Dear Friends and Supporters,



This year's legislative session was often frustrating, but I continued to work hard behind-the-scenes and make progress on issues that are important to all of us. For example, let me list a number of "good bills" that were passed and some work I have done:

- SB 142 concerning pro rata liability provisions in
construction agreements. This bill basically says that each
subcontractor is responsible for his own work, not the
negligence of others if and when there is a lawsuit.This
bill is on the Governor's desk waiting for his signature.
- SB 100 concerning the oversight of homeowners associations.
We heard a lot of testimony before the House Local
Government Committee how some homeowners associations are
running "little kingdoms" and are being abusive to the
members in many ways. This bill addresses the management
parameters of homeowners associations and allows people to
keep their first amendment rights in displaying an American
Flag and political signs, with some community standards.
This bill is on the governor's desk waiting his signature.
- SB 137 concerns identity theft. This bill gives all of us
the ability to control that has access to our personal
credit report can for certain purposes. This bill is on the
Governor's desk waiting his signature.
- SB 55 sets conditions by which a person can acquire or
consume raw milk. The Governor signed this bill.
- HB 1342 says that requirements must be met before a
corporation can construct a private toll road or toll
highway. This bill is on the Governor's desk waiting his
signature.
- I am appointed to lead a task force, with three other
members of the House and Senate to study how we can
streamline the next session(s). We will be meeting three
more times before the end of the year at no cost to the
taxpayer. New rules and proposed laws should result from
our studies.

One of the most important legislative issues this year is the annual budget. We call that the "long-bill." The Democrat version of the general fund budget was signed into law. In November, voters will decide whether or not to allow the state to keep funds earmarked for TABOR refunds. My previous updates went into detail about the budget, so I won't take the time to go into detail right now. You can view my other updates by clicking here

I was disappointed this year by the fact that two specific proposals for future budgets were killed in committee. Rep. Keith King, our former Majority Leader, wrote one proposal. I was a co-sponsor of this bill. Rep. carried the other Mike May. This bill originated from State Treasurer Mike Coffman and addressed our future budgets by the securitization of tobacco. Both of these bills should have been brought to the House floor for debate and then passed on to the Senate. We need another alternative on the ballot this November other than HB 1194, now known as Referendum C. The voters deserve a choice. I predict that the voters will not approve Referendum C, which is a $3.1 billion refund grab.


Clearly, there were several bills that were anti-business:

- SB 21 concerned parental leave for parents whose children
over (i.e. killed) by the sponsor.
- SB 23 would have banned the state from doing business with
companies that hire workers overseas. The state has no
right to tell businesses where they can hire workers. The
sponsor killed this bill.
- HB 1018 would have allowed injured workers to pick their own
doctors under the Colorado Worker's Compensation Act. This
would duplicate treatment and drive up the cost of insurance
for employers. The sponsor killed this bill.
- HB 1020 would shorten the period of time required for a
worker to have been employed in order to receive
unemployment benefits. This is on the Governor's desk.
- HB 1103 would require each electrician apprentice to be
supervised on the job site by one electrician. This was laid
over (killed) in the House Business Affairs and Labor
Committee.
- HB 1204 would have required people in charge of paying wages
to pay up on behalf of an insolvent employer. This bill was
killed in committee.
- HB 1229 would have restricted the rights of property owners
to enforce rent-controlled housing contracts. Vetoed by
Governor Owens.
- HB 1318 would require independent contractors for
construction sites to have workers' compensation on
themselves. It is on the Governor's desk.

Beaurcracy and Unions:

- SB 61 would reduce the number of private contracts for RTD
vehicle service. The Governor vetoed this bill.
- SB 71 would make obtaining charter school authority much
more difficult in order to keep them from competing with
public schools employing union teachers. This bill went
before the Senate, House and the respective committees 24
times and was finally killed in a conference committee.
- SB 182, a double-Democrat sponsored bill, extends eminent
domain proceedings to include acquisitions for RTD projects.
Signed by the Governor and became law.
- HB 1124 would allow in-state tuition for illegal immigrants.
Was postponed indefinitely (killed) in the House
Appropriations Committee.
- HB 1043 doubles the penalties for traffic violations in
wildlife crossing zones. Was postponed indefinitely (killed)
in the Senate Agriculture Committee.
- HB 1142 would spend $16.3 million to put up "sound barriers"
in construction areas. Postponed indefinitely (killed) in
the House Appropriations Committee.
- HB 1133 would require investor-owned electric and gas
utilities to collect an "efficiency surcharge." On the
Governor's desk waiting for a veto.
- 1204 would require an individual to pay out wages on behalf
of an insolvent employer. Postponed indefinitely (killed)
in the House Business Affairs and Labor Committee.
- HB 1212 would prevent competition from private prisons.
Postponed indefinitely (killed) in the House Judiciary
Committee.
- HB 1239 would require that unemployment benefits be made
available to employees involved in a lockout. On the
Governor's desk waiting for a veto.

There were bills that take away people's freedoms:

- HB 1014 Substantiate changes to criminal law. This was a
good bill until Senator Bob Bacon, D - Fort Collins, in the
last 3 days of the session added a "hate crimes penalties
amendment." Sent to the Governor waiting his veto.
- HB 1161 on immunization information. Some Coloradoans don't
want their children to be in a government database for
immunization purposes. On the Governor's desk waiting for a
veto.
- HB 1138 concerning the wearing of seat belts to be a
primary offense did not pass because of a 32 - 32 vote on
the House floor. It takes 33 votes for a bill to pass.I
worked the House floor hard on this bill because of the
potential violation of our 4th Amendment to our U.S.
Constitution.
- SB 28 would make it illegal for employers and labor
organizations to discriminate against individuals based on
their sexual orientation or "gender variance." On the
Governor's desk waiting for a veto.
- SB 207 bans smoking in most indoor places frequented by the
public. Killed in the Senate by a 16 19 vote. Two
Democrats sided with all the Republicans to not pass this
bill.

A quote from the Colorado Springs Gazette, 5/04/05, sums up our 2005 session:



"Statehouse Democrats stayed on script for much of the '05 legislative session. They had staked out the political middle ground, so as not to alarm Colorado's heavily Republican-leaning electorate. That was the plan, at any rate.



Their message: "Trust us with power and we won't grow government - at least not a whole lot more than you might expect under the Republicans." And until recently it had seemed they were going to make it all the way through their first session in decades running both legislative chambers without a significant leftward lurch.



But the State's No. 2 party (actually No. 3, behind the ranks of registered unaffiliated voters) couldn't resist temptation. In an effort to pay off core constituents groups - unions, environmentalists, gay-rights activists - Democrats are pushing a host of policy prescriptions with a decidedly liberal twist in the closing days of the session."



In all of my weekly updates, I have extended an invitation to write, call, or email me. Thanks to all of you who do respond. I value your perspectives. I appreciate your friendship and prayers.



Respectfully,

Rep. Jim Welker
House District 51