| Early in the legislative session, there was a lot of attention paid to the number of legislators appointed to their positions through a district vacancy committee. Twenty-nine legislators of the 100 sitting legislators started their legislative career by a vacancy appointment. Essentially, a handful of party members vote for the vacancy appointment instead of the electorate weighing in on the candidate in an open seat. By the time the next election rolls around, the appointed legislator has the advantage of an incumbent in office running for re-election but having never run for election in the first place.
One legislator has introduced a Concurrent Resolution to address part of the issue. Representative Bob Marshall introduced HCR1004 Qualifications for Representatives and Senators. The concurrent resolution must pass committee in each chamber and then must pass floor vote in each chamber by a two-thirds majority vote. The resolution then allows the voters of Colorado to consider the issue: asking voters to change the Colorado constitution that an individual chosen by vacancy committee cannot run for election at the next general election for the seat they have held by vacancy appointment. HCR1004 passed House State, Civic, Military and Veterans Affairs Committee on Monday, April 15, 2024. The State Affairs Committee is an 11-member committee; interestingly, 4 of the members were originally appointed to their seats through the vacancy process. Next is the floor debate in the house.
On Tuesday evening April 16, 2024, I testified in opposition to HB24-1230 Homeowners Rights in Construction Defect. This is the trial lawyer’s construction defect legislation and extends the time a lawsuit may be brought from 6 years to 10 years. The bill undermines the work being done in SB106 Construction Defect Reform. HB24-1230 passed Senate Local Govt. Committee. The coalition fighting for construction defect reform will vote count to defeat this bill during floor debate in the Senate.
HB24-1151 Junk Fees died in Senate Business Labor and Technology Committee on Tuesday evening, April 16. The bill prohibited a person from advertising a price for a product, good, or service that does not include all mandatory or nondiscretionary fees or charges. Colorado Bankers Association had obtained an exemption in the bill for financial institutions, but through the process the bill had transformed into unworkable legislation. Junk fees is a topic that the bill sponsor is passionate about, and the Attorney General is also interested in. We can expect legislation next year.
SB24-033 Short-term Rental Tax also died in committee. This bill proposed to move short term rentals into the commercial property tax rate once the rental was leased more than 90-days per year for the previous tax year. The grassroots effort in opposition to this legislation was impressive and effective. Prior to the hearing last night, more than 200 hundred witnesses had signed up to testify in opposition to the legislation. The Denver Chamber reported that one email call to action resulted in thousands of emails to legislators.
A Final Thought: On the evening of April 18, 1775, Dr. Joseph Warren summoned Paul Revere and gave him the task of riding to Lexington, Massachusetts, with the news that British soldiers stationed in Boston were about to march into the countryside. According to Warren, these troops planned to arrest Samuel Adams and John Hancock, two Patriot leaders, who were staying at a house in Lexington. It was thought the British would then continue to the town of Concord, to capture or destroy military armament that had been stockpiled there. Yes, this is the famous "one if by land, two if by sea", but how does it apply? Revere contacted an unidentified friend (probably Robert Newman, the sexton of Christ Church in Boston’s North End) and instructed him to hold two lit lanterns in the tower of Christ Church (now called the Old North Church) as a signal to fellow patriots across the Charles River in case Revere was unable to leave town.
The two lanterns were a predetermined signal stating that the British troops planned to row “by sea” across the Charles River to Cambridge, rather than march “by land” out Boston Neck. Revere was able to complete his ride from Charlestown through Medford and Arlington to Lexington to warn Hancock and Adams. Less than fifteen months later, both Adams and Hancock voted to adopt the Declaration of Independence in Philadelphia. ◼
Alison Morgan, Director of State Government Relations |
