By Peter Marcus, DENVER DAILY NEWS
A wide range of new laws will take effect Wednesday, covering everything from more rights for gay couples to erasing limitations on state spending.
Senate Bill 228 — Erases the state’s 6 percent spending limitation: Known as Arveschoug-Bird, the decades-old law had imposed a 6 percent general fund spending cap. But Sen. John Morse, D-Colorado Springs, introduced legislation — signed by the governor — to eliminate the restriction. Proponents say the spending cap limits government from recuperating losses after severe cuts, such as during a recession.
Opponents, however, say the law had protected Colorado from excessive government spending during boom years. They also argue that SB 228 is a change in tax policy that requires a vote of the people under the Taxpayer’s Bill of Rights. Critics — mostly Republicans — fear that SB 228 will divert funding from transportation. They believe the state would have lost $1.6 billion for transportation and capital construction projects had the repeal been enacted five years ago.
But Morse and his co-sponsor, maverick Republican Rep. Don Marostica, of Loveland, say their legislation is about untangling a knot of conflicting fiscal mandates. Proponents say the spending cap limit makes current budget cuts permanent. By setting a 6 percent cap on increases in general fund spending, even when the state budget recovers, lawmakers are only allowed to spend 6 percent more than the previous year, even if the department’s budget was slashed by more than that.
House Bill 1260 — Designated Beneficiaries Law: Gay couples and supporters of designated beneficiaries legislation will gather at the Wellington E. Webb Building this morning to celebrate a law that takes effect Wednesday that makes it easier for unmarried couples to make end-of-life and estate planning decisions for each other.
HB 1260, introduced by Rep. Mark Ferrandino, D-Denver, allows unmarried couples to sign up to be each other’s designated beneficiaries.
Supporters say the issue is about equality, allowing beneficiaries hospital visits, power over funeral arrangements, and property inheritance in instances where there is no will, to name a few benefits. Couples are now allowed to pay a small fee to their county clerk and register as designated beneficiaries.
Opponents, however, raise issues concerning the gay and lesbian community. Critics argue that voters in 2006 passed a ban on gay marriage and rejected spousal benefits for same-sex couples. Because gay and lesbian couples are now able to use the legislation to obtain similar rights guaranteed by marriage, critics say the measure is out-of-step with the will of voters.
House Bill 1091 — Lofgren and Johnson Families Carbon Monoxide Safety Act: Lawmakers pushed a law this year that requires the installation of carbon monoxide alarms in all new or resold homes and rental properties. The law was signed by the governor after six people from two families died within six weeks as a result of carbon monoxide poisoning. Four members of the Lofgren family died at the end of last year while vacationing in Aspen. A carbon monoxide leak was discovered in the vacation home. Also, a 23-year-old University of Denver graduate student, Lauren Johnson, died early this year at an apartment complex in Denver as a result of carbon-monoxide poisoning.
And within those same six weeks, a 22-year-old Manitou Springs mother died from carbon-monoxide poisoning.
Other laws to look for:
• House Bill 1081 — Extends the length of the statute of limitations for vehicular homicides from three years to five years.
• House Bill 1109 — Extends existing protections under the Colorado Foreclosure Protection Act for those already in foreclosure, to those under the threat of foreclosure.
• House Bill 1132 — Adds text and instant messages to the list of means to commit the crime of internet luring of a child, internet sexual exploitation of a child, and harassment.
• Senate Bill 80 — Creates a pilot program to allow for the collection of rainwater from the roof of a residence to be used for ordinary purposes.
• Senate Bill 241 — Katie’s Law requires the state to begin exploring the option of collecting DNA from people arrested on felony allegations.
• House Bill 1293 — The Colorado Health Care Affordability Act is estimated to raise $1.2 billion annually for health care by imposing a hospital provider fee.
• Senate Bill 247 — The Unemployment Insurance Modernization Act provides funding to cover 13,000 unemployed Coloradans with 20 additional weeks of unemployment benefits; expands benefits to people in job training programs.
Distributed by Colorado Capitol Reporters
