15 Citizen Initiatives, 4 Referred Measures Headed for Ballot

NCLA Policy Post Newsletter plus some added comments by others and Ray Martinez

The NCLA Policy sent a recent update about their position on some of the amendments, which I have edited to some of my views and added some views from others. Nevertheless, the positions taken in the following amendments are mine as well. You can also view NCLA's (Northern Colorado Legislative Alliance) position at www.NCLAonline.net

An update of legislative issues affecting the northern Colorado business community

September 1, 2008

15 Citizen Initiatives, 4 Referred Measures Headed for Ballot
Is Your Business Ready?

The August 4 deadline to submit at least 76,000 valid signatures for citizen-initiated ballot measures did nothing to pare down the list of proposed amendments voters will face on Election Day. It is likely all 15 initiatives will make the ballot, along with four referred by the legislature.

The Northern Colorado Legislative Alliance (NCLA), the joint public policy advocacy effort of the Fort Collins, Loveland and Greeley Chambers of Commerce and the Northern Colorado Economic Development Corporation, wants to ensure the business community is educated about each of these issues and their potential impact to business.

Click here to review a Power Point presentation opposing the labor-backed Amendments 53, 55, 56 and 57.

Read on to find out the positions the NCLA and the three chamber and NCEDC Boards of Directors have taken on business-related issues certified for the ballot and the reasons for those positions. Links to the state's Blue Book analysis of each measure are included. The three chambers and the NCEDC have ratified the NCLA's positions on Amendments 52, 53, and 55-57. The remaining issues have been ratified by the NCEDC Board but not the chamber Boards, unless noted otherwise. Look for more details and how to get involved and ensure your voice is heard in coming e-mail alerts. You can also visit www.NCLAonline.org to learn more.

Amendment 47: Right to Work - NCLA Support
Prohibits forcing employees to join a union or pay related fees or dues. It applies to new contracts and renewals of current contracts. The NCLA has taken a position to support Amendment 47. It should be any employee's right to choose whether or not to belong to a union and pay union dues. The passage of Amendment 47 will also portray Colorado as a business-friendly state and help attract and retain valuable primary employers in Colorado.

Amendment 49: Limit Deductions from Public Employee Paychecks - NCLA Support (not yet ratified by chambers)
Prevents state and local governments from deducting certain items, including union dues, from employee paychecks. The measure puts the burden for collecting union and other dues from public employees back onto the individual organizations and remove the taxpayer from the position of bookkeeper for these groups.

Quite simply, it is unethical for government to be the banker, accountant, and collection agent for political special interests. Government should be using our tax dollars, and our civil servants' time, to provide crucial public services, not to funnel money to political organizations. Without Amendment 49, thousands more government employees will have their union dues collected, accounted and delivered at taxpayer expense. There is no reason why political contributions and organizations dues should go through the people's payroll system at taxpayer expense. Go to www.ethicalstandardsnow.com for more information.

Amendment 50: Limited Gaming in Central City, Black Hawk, and Cripple Creek - NCLA Neutral (not yet ratified by chambers)
Allows voters in cities with legalized gambling to extend the hours of limited gaming operations. They could also choose to add roulette and/or craps and increase the maximum bet from $5 up to $100. About 22% of the additional state revenue from the bet limit hike would be given to the limited gaming cities and 78% would go to financial aid for students attending community colleges. The NCLA (Northern Colorado Legislative Alliance) voted to stay neutral on Amendment 50 because, while it supports improved funding education for higher education, it is concerned with the measure's reliance on gamblers to fund one of the state's most valuable resources.

Amendment 52: Severance Tax - Transportation - NCLA Support
Creates the Colorado Transportation Trust Fund to generate $90 million in new transportation dollars annually. Amendment 52 would secure excess revenue being generated from the severance tax applied to oil and gas companies. The I-70 corridor would receive funding priority for the first decade. Although Amendment 52 falls short of funding the estimated annual $1.5 billion transportation shortfall, the NCLA supports Amendment 52 because it begins to address the need in providing a dedicated source of funding to maintain and expand Colorado's ailing transportation infrastructure. Amendment 52 uses revenues collected under the existing severance tax structure (money that would otherwise flow to the Department of Natural Resources) to provide an infusion of several hundred million dollars over the next decade to tackle traffic congestion along our roads, giving priority to the massive needs along the I-70 corridor. It will allow the Department of Natural Resources budget to grow only as fast as inflation, spilling surplus revenues into critical road and bridge needs. This is no new tax and no new toll fees. According to State Representative Cory Gardner, this is a constitutional amendment that protects this funding from being used for other pet projects. Amendment 52 will trump #58 if they both pass, as to where the money is allocated. Go to www.betterroadsnow.com for more information.

Amendment 53: Criminal Accountability of Business Executives - NCLA Oppose
Extends criminal liability to any executive official of a company for a knowing omission to discharge a specific duty of affirmative performance on the business entity by law. Plaintiffs would not be required to have legal standing, such as a stockholder or vendor, and successful plaintiffs could recover attorney fees while successful defendants could not. The NCLA opposes Amendment 53 because it will likely discourage businesses from moving to or expanding in Colorado and could discourage service on nonprofit boards for fear of prosecution. Its passage will also require businesses to purchase additional insurance products. Furthermore, the NCLA believes 53is unnecessary because executives are already held responsible for illegal actions under Colorado law. This amendment includes non-profit organizations and HOA (Home Owners Associations).

Amendment 55: Allowable Reasons for Employee Discharge or Suspension - NCLA Oppose
Amends the Colorado Constitution to prohibit businesses with 20 or more employees from discharging a full-time employee without "just cause", doing away with Colorado's at will employment system. Courts would be allowed to award reinstatement, damages and back wages, and layoffs would be restricted. The measure also prevents employers from drawing up contracts that define causes for termination. The NCLA opposes Amendment 55 because it restricts business' freedom to contract and will have a chilling effect upon Colorado's economy. Businesses need the ability to adjust their workforces as they see fit. Additionally, employees may suffer as businesses move away from full-time employees to part-time or contract workers to avoid the amendment.

Amendment 56: Employer Responsibility for Health Insurance - NCLA Oppose
Requires every employer with 20 or more employees, including part-time employees, in the state to provide major medical health care coverage for its employees and their dependents or pay into the Health Care Insurance Authority created by the measure. Employers would be responsible for 80% of their employee's premium and 70% of their dependents' coverage. The NCLA opposes Amendment 56 because it dramatically raises costs for employers by forcing them to provide a voluntary benefit to employees. Amendment 56 will have a chilling effect upon the Colorado economy by discouraging expansion, relocation and retention of business in the state. Indirectly, businesses will also be forced to consider raising prices, reducing workforces, decreasing salaries or other benefits, and not hiring applicants with families.

Amendment 57: Additional Remedies for an Unsafe Workplace - NCLA Oppose
Allows for civil lawsuits against companies for on-the-job injuries outside of the workers' compensation system. Employees could sue for compensatory and punitive damages, pain and suffering, emotional distress, inconvenience, mental anguish, loss of enjoyment of life, and other losses. The NCLA opposes Amendment 57 because it believes the current workers' compensation system fairly balances the rights and needs of employers and employees. Allowing workers to sue for additional benefits will lead to additional litigation, increased prices, reduced benefits and wages, and the loss of businesses and jobs in Colorado. I believe it will double the amount of litigation and premium costs.

Amendment 58: Severance Taxes on the Oil and Natural Gas Industry - NCLA Oppose
Raises about $321 million a year by doing away with an ad valorem property tax credit currently given to the oil and gas industry. Most of the new funds would be used for college scholarships for low-income Coloradans, but wildlife, clean energy, water, transportation projects in affected areas, and a permanent trust fund would also receive some of the dollars. The NCLA opposes Amendment 58 for a number of reasons. First, while the NCLA supports making higher education more affordable for students, it believes new funding needs to be directed to the institutions themselves to alleviate budget cuts suffered earlier this decade. Second, the NCLA believes more than doubling the state's severance tax paid by oil and gas companies will hurt one of Colorado's top industries and discourage them from production in Colorado. Finally, local governments would be greatly impacted by the removal of the property tax credit. The three chambers also oppose Amendment 58. The NCEDC (Northern Colorado Economic Development Corporation) is neutral on 58--to me it is a no-brainer to oppose it. There must be a split decision within their organization.

Referendum O: Citizen-Initiated State Laws - NCLA Support (not yet ratified by chambers)
Makes it more appealing to put statutory rather than constitutional amendments on the ballot by increasing the number of signatures required for constitutional changes and bumping up deadlines for such amendments. It also requires signatures for issues to come from all of Colorado's congressional districts and requires a public and legislator comment meeting for all proposed initiatives. Finally, to protect citizen-initiated statutory measures, changes would require a 2/3 vote of the legislature for 5 years after their passage. The NCLA supports Referendum O because it believes few issues rise to the level of constitutional amendments. Most belong in statute where they are easier to amend if tweaks are needed. The 2/3 vote requirement to make changes, however, ensures broad-based support. Requiring signatures to come from all corners or the state will help ensure issues enjoy rural and urban support. Go to www.oyescolorado.org for more information.

Amendments 53, 55, 56, 57 are referred to as the No Poison Pill movement and more information is found at www.nopoisonpills.com ...these amendments are a "no" for me.