Yes, Hick Might Someday Maybe Wannabe President

President? Yeah sure maybe.

The Denver Post’s politics page reports, and no it’s not the first time you’ve heard it, and no it’s not the last time you’ll hear it either before in the event that it becomes a thing:

Colorado Gov. John Hickenlooper is taking steps toward a presidential run in 2020, holding meetings with veteran political players, ahead of a visit to Iowa next month for an official trip that is sure to draw attention.

The Democrat’s actions in recent months signal to his closest associates and top party strategists that the former Denver mayor and two-term governor is more serious than ever about mounting a White House bid against President Donald Trump.

“John’s sense of timing in politics is his lucky star. It served him well when he ran for mayor and then governor. It may do the same for a run in 2020,” said Alan Salazar, Hickenlooper’s former chief political strategist.

Because we have addressed this possibility for as long as it’s been an item of speculation–in fact long before anybody seriously imagined Donald Trump becoming President of the United States besides Donald Trump–we’ll spare readers another long-winded rundown of the pros and cons of Gov. John Hickenlooper running for President in 2020. The short version is that Hickenlooper has led a relatively charmed political life in Colorado politics as an unconventional and sometimes lovable oddball whose record is fairly moderate but generally pro-Democratic–with a few well-known blind spots.

With that said, whether Hickenlooper has what it takes to become the next Bill Clinton–and we mean that in all the good ways–or is more like the next Martin O’Malley in what we can expect to be a large field of Democratic presidential candidates for 2020, is not at all something we feel comfortable predicting at this point. There is a sense of wide-open opportunity for Democrats after Trump’s chaotic likely-only term in office, but how Hickenlooper’s sometimes clunky “post-partisan” brand fits into this emerging new matrix is anybody’s guess. We’re not ready to buy proverbial stock, but we surely wouldn’t rule him out.

If Hick does pull it off, we’ll be excited to host the first Oval Office edition of The Get More Smarter Show.

Hick’s Swan Song State of the State

UPDATE: Denver Post:

Hickenlooper spoke at length about the plight of rural Colorado, singling out issues such as teacher shortages, jobs and rural broadband, as well as a hidden financial force that is steadily eroding the ability of rural communities to pay for public services. Next year, the Gallagher Amendment will trigger further reductions to property tax rates across the state, providing property tax relief to the Front Range but squeezing rural governments and school districts that are already struggling financially…

On economic development, the governor called for an expansion of apprentice programs, something he has long been pushing for. And he advocated for the continued expansion of renewable energy, even as Republicans are pushing to refocus the state Energy Office on carbon-based fuels like coal and gas and cut its budget by $1 million.

“What is it the critics don’t like?” he asked. “Is it the cleaner air or the lower utility bills?”


Watch it here, and we’ll update with coverage after:

Top Ten Stories of 2017 #7: The House That Blew Up

Like smoking, lawn darts, and bars on cribs spaced just far enough apart for babies to stick their heads through, oil and gas development in Colorado wasn’t always considered to be a problem. It wasn’t controversial for several reasons–in addition to the lack of public knowledge of the health and safety risks. For decades, Colorado’s “split estate” mineral rights law establishing property rights under the surface of the land in addition to the rights of landowners on the surface operated without major conflicts. Colorado’s wide open spaces gave drillers plenty to explore, and the population centers along the Front Range didn’t have the most easily-accessible minerals underneath them.

But over time, two things happened: the increasingly urban Front Range started to expand into energy-producing areas, and a maturing technology for extracting oil and gas known as hydraulic fracturing put minerals under residential communities within economical reach. Because under Colorado law mineral rights have parity with the rights of surface landowners, within regulations controlled by the state’s Oil and Gas Conservation Commission drillers are routinely allowed to override local zoning and place heavy industrial operations in the immediate vicinity of homes and schools.

As the political battle between concerned residents of local communities threatened by drilling and the energy industry has heated up in recent years, the industry has spent lavishly to influence Colorado’s political leadership on both sides of the aisle. This has resulted in gridlock at the Colorado legislature on the issue, especially for the last seven years under an avowedly pro-energy Democratic governor and frequently split control of the General Assembly. When citizens turned to the state’s initiative process to get relief by popular vote, the energy industry bankrolled 2016’s Amendment 71 to make it prohibitively harder to get constitutional measures on a statewide ballot.

Entering 2017, the fight over oil and gas drilling in Colorado was simmering but hardly boiling over. The success of Amendment 71, and the likelihood of no real movement on the issue until after Gov. John Hickenlooper leaves office, combined with the much bigger threat of the Trump administration over this and so many other issues left supporters of better protections feeling defeated.

On April 17th, a recently-built home in Firestone north of Denver suddenly exploded, killing two people and severely injuring two others inside. The home was totally destroyed in the explosion, which also damaged nearby homes and caused a fire that took hours to extinguish. Investigators determined that a flow line connected to a disused well owned by Anadarko Petroleum had not been properly disconnected from the well. Raw methane gas, lacking the telltale additive to warn of high concentrations by smell, began to flow again through this line, accumulating undetected in the basement of the home until being ignited accidentally by the homeowners with tragic results. After the explosion, more underground plumes of methane in the immediate area were discovered and vented.

The Firestone home explosion immediately brought the issue of oil and gas production near homes back to the fore. In this case, homes were built near abandoned wells from which methane had seeped, but that certainly doesn’t absolve the industry of responsibility of not just properly capping old wells but ensuring all infrastructure in place for energy extraction is rendered safe before homes are built over them. And obviously, if the industry is this careless with abandoned flow lines, it invites basic questions about how careful the industry is with everything else they do.

But in Denver, the industry’s sway over leadership on both sides of the aisle ensured little would change. A limited set of reforms announced by Gov. Hickenlooper in August fell pitifully short of addressing concerns, as the Denver Post reported:

Colorado Gov. John Hickenlooper is asking oil and gas operators to pony up money to plug the 700 to 800 “orphan wells” in the state, but is shying from taking stances on more contentious policies, such as how close new homes can be built to existing wells.

The governor also won’t force the energy industry to allow state officials to compile a publicly available map of all oil and gas pipelines. Instead, he said he wanted to enhance the 811 call program to ensure homeowners can use their telephones to access pipeline information for site-specific areas. Hickenlooper said industry officials were concerned a comprehensive statewide map could lead to people illegally tapping pipelines to siphon off gas. [Pols emphasis]

Hickenlooper’s thoroughly ridiculous contention that scavengers might “siphon off gas” if the public is made aware of oil and gas pipelines running through their neighborhoods, and that this concern somehow trumps the rights of residents to know where these potentially deadly gas lines are located in relation to their homes, perfectly symbolizes the tone-deaf approach of his administration on oil and gas drilling–arguably Hickenlooper’s greatest failure in office. There is simply no way to overstate how offensive this was to concerned citizens in Firestone and elsewhere.

Meanwhile, the industry attempted to vilify gubernatorial candidate Jared Polis by proxy in municipal elections in Greeley this fall, linking his donations to city council candidates with his support for better protections from drilling. That attempt turned disastrous after one of the candidates backed by the industry was revealed to be a convicted felon and whose seat on the Greeley City Council is now in doubt. It’s fair to say that Polis, who doesn’t support a “statewide fracking ban” but has supported initiatives for local control and wider setbacks from drilling, is not under the industry’s thumb. As a result Polis is set to face the most shrill attacks imaginable from the industry and their many supporters next year–to include lots of affected hand-wringing from pro-energy Democrats during the upcoming gubernatorial primary.

It has been our contention since before John Hickenlooper won the governor’s race in 2010 that at some point, Colorado Democrats will face a seminal choice–to continue alienating their base of support and swing votes in impacted communities by currying favor with the oil and gas industry in this state, or to face them down on behalf of affected communities once and for all. We believe based on our years of experience that the political risks to Democrats standing up to oil and gas are much smaller than conventional wisdom suggests, and indeed that much of said “conventional wisdom” is a fabrication of the industry’s bought-off mouthpieces in both parties. On the other hand, this issue has done more to anger the Democratic base in Colorado than perhaps any other in recent years, making the benefits of a new approach easy to recognize.

What’s it going to take for Democrats in Colorado to remember where their loyalties should lie?

The right candidate. And an election to prove it.

This Guy is Hickenlooper’s New Chief of Staff

Pat Meyers, apparently

Governor John Hickenlooper is losing top staffers like there’s a race to get out of the Capitol. This isn’t at all unusual for a Governor entering his final year in office, but it can still be pretty jarring — particularly when high-level staff members are replaced with people who are virtually unknown in political circles.

As the Denver Post explains regarding the departure of Hickenlooper Chief of Staff Doug Friednash:

Replacing Friednash will be businessman and lawyer Pat Meyers, who has held senior roles at the Colorado-based restaurant chains Quiznos and Smashburger.

For what Meyers has in business acumen, however, he is lacking in political experience — especially when compared to Friednash — as Hickenlooper prepares to work with a politically split legislature to complete his goals before leaving office…

…“We have so much still to do in the next 408 days,” Hickenlooper’s statement Monday announcing Meyers’ job said. “Pat will bring a broad variety of experience to that work. I can’t wait to get started.”

This would be the part of the story where we talk about the new guy and ponder his new role as the Governor’s right-hand-man…

So, yeah. Pat Meyers.

Get More Smarter on Thursday (October 5)

The Colorado Rockies made the playoffs this year, but you missed it if you didn’t catch Wednesday’s game in Arizona. It’s time to Get More Smarter. If you think we missed something important, please include the link in the comments below (here’s a good example). If you are more of a visual learner, check out The Get More Smarter Show.



► Tens of thousands of Colorado children are in serious trouble if Congress does not renew funding for CHIP, the Children’s Health Insurance Program that expired at the end of September. The Senate Finance Committee on Wednesday took the first step toward renewing CHIP funding with a bill sponsored by Sen. Michael Bennet (D-Denver) and Sen. Cory Gardner (R-Yuma).


► Today is the last day for DACA recipients to renew permits before the process is closed under a policy shift announced last month by the Trump administration.


► Colorado Senate Republican leaders pledged not to do their jobs when the legislature convened for a brief session to fix an unintentional legislative error this week, and they succeeded in doing nothing once again. But the decisions of Republican leaders such as Senate President Kevin Grantham are looking even worse with the news that legislation to fix SB-267 would have passed in the Senate had a floor vote been permitted.

State Sen. Chris Holbert is among those Republican leaders whose reputations took a hit this week. Holbert was quoted by the Denver Post saying that he “did not swear an oath to uphold the opinion of a court” and preferred to follow his constituents’ interpretation of the State Constitution rather than, you know, facts.


► Former Judge Roy Moore, who easily defeated Sen. Luther Strange in a Republican Primary in Alabama last month, showed up unexpectedly in Washington D.C. on Wednesday and caused quite a stir. As the Washington Post reports, Moore apparently met with NRSC head Cory Gardner, despite the best efforts of both men to pretend othewise:

Rather than meeting with McConnell, Moore was on the House side of the Capitol on Wednesday. In a brief interview as he left the office of Rep. Robert B. Aderholt in the afternoon, Moore said he had no meetings set up with McConnell or members of the National Republican Senatorial Committee, the Senate majority’s campaign arm, which spent millions trying to defeat Moore in the primary.

“Nothing confirmed,” he said casually, as an aide tried to head off questions. Asked why he decided to come to Washington, Moore simply replied: “Beautiful place.”

In the evening, Moore met with the NRSC chairman, Sen. Cory Gardner (R-Colo.), according to a Republican close to Gardner and a second Republican familiar with the talk who spoke on condition of anonymity to describe the closed-door session. Moore’s campaign declined to comment.

The meeting appeared to be hastily arranged, given Moore’s afternoon remark and Gardner’s uncertainty earlier in the day, as he and other Republicans struggled to save face.

“I haven’t looked at the schedule — I don’t know that yet,” Gardner said around midday, when asked whether he planned to meet with Moore.

The entire story is worth a read; Republicans who feared Moore and his right-wing supporters seem to have plenty of reason to be nervous. Moore’s Senate campaign was also a referendum on Senate Majority Leader Mitch McConnell, whom the Alabama nominee has openly criticized.


Get even more smarter after the jump…


Winners and Losers from Special Session are Obvious…and Troubling

Colorado Senate President Kevin Grantham does the bidding of AFP

The special legislative session ended on Tuesday when Senate Republicans killed the second of two bills aimed at fixing an unintended glitch from the 2017 session that is costing special tax districts millions of dollars.

As Ernest Luning writes for the publication formerly known as the Colorado Statesman, the “winners and losers” from the special session help tell an all-too-familiar tale of an era where right-wing special interest groups have a stranglehold on Republican lawmakers. The big winner this week, as Luning explains, is the Koch brother-funded Americans for Prosperity (AFP):

The conservative organization hit the special session early and hit it hard, mobilizing hundreds of members and supporters to contact legislators to make their opposition clear, and it worked. Not every Republican was on board with the strictest reading of TABOR’s requirements when the call went out, but by the time lawmakers filled the Capitol, AFP’s approach was widely shared and set the tone for the GOP. A deluge of digital ads over the weekend ahead of the session — five figures’ worth, state director Jesse Mallory said — helped reinforce the party line. The session also gave AFP a second chance to whack at Senate Bill 267, which has come under heavy fire from conservatives for lifting the state’s revenue ceiling allowed under TABOR, as well as flouting a constitutional requirement that a bill have a single subject.

Luning lists Senate Democrats as the only other “winner” of the special session, arguing that Senate Republicans put themselves in a tough spot with the voting public as they try to maintain their one-vote majority in the state Senate.

The big losers of the special session are easy to find: Colorado’s middle and working class. Buses, hospitals, museums and zoos will all suffer because Senate Republicans were more interested in proving their fealty to AFP than in doing right by hard-working Coloradans:

Nine special districts across the state — from the Denver metro area’s Regional Transportation District and Scientific and Cultural Facilities District to regional transportation authorities in El Paso County and some mountain towns and a hospital district in Montezuma — won’t be banking a total of roughly $590,000  in recreational marijuana sales tax each month the law remains as it is…

…the governor said he was calling the session because special districts insisted they faced a funding emergency — and couldn’t wait until January for a regular-session fix — and they came up empty-handed.

Republican lawmakers will tell themselves that they did the right thing because groups like AFP are happy, but as the Denver Post opined on Monday, “none of that background noise justifies blocking the simple-fix legislation.”

BREAKING: GOP Kills Pot Tax Funding Fix, Special Session Fails

UPDATE: Colorado House Democrats aren’t happy with this outcome:

“We presented a constitutionally sound measure to fix a mistake that will impact Coloradans across the state,” said Majority Leader KC Becker, House sponsor of HB17B-1001. “Unfortunately, after we assembled for the special session, the other party chose to waste this opportunity to get this right. It’s very disappointing that they chose partisan politics over Coloradans who have repeatedly asked for these services.”

HB17B-1001 would have corrected what all parties agree was a drafting error in SB17-267, a bipartisan bill passed during the 2017 regular session that averted more than half a billion dollars in cuts to hospitals across the state. Among the earlier bill’s many provisions was a change to the collection of revenues on retail marijuana. The drafting mistake unintentionally prevented some special districts – the Regional Transportation District and the Scientific and Cultural Facilities District in the Denver metro area, as well as rural transportation districts across the state, a housing district in Summit County and a hospital district in Montezuma County – from collecting revenues on retail marijuana sales.

“We’re talking impacts to real Coloradans,” Speaker Duran said. “The Summit County worker who’ll have a harder time finding an affordable apartment. The Lakewood retiree who needs the bus to get to the grocery store and the doctor. The voters have asked for these services and it’s unfortunate that this unintended omission will continue to have impacts for Coloradans.”

Senate Minority Leader Lucia Guzman:

“The Colorado General Assembly was not at its best over these past two days, and that is profoundly disappointing. This error is costing counties like Pitkin, Eagle, and San Miguel thousands in transportation dollars, and could result in services like rides for the disabled being cut, or perhaps bus fares being increased,” said Senator Guzman.


That’s the word from the Colorado Capitol moments ago: the special session of the Colorado General Assembly called by Gov. John Hickenlooper to fix a drafting error in legislation that has cut off special tax districts around the state from marijuana tax revenues will end in failure after the GOP-controlled Senate Transportation Committee killed the House’s bill:

This outcome wasn’t a surprise, of course, having been signaled clearly last week by GOP Senate President Kevin Grantham when he called for the governor to rescind his order for the special session. There will be much more to say about the failure of Senate Republicans to cooperate with fixing what everyone agrees was an unintentional mistake that is costing special tax districts from Denver RTD to the Montezuma Hospital District millions in lost revenues. And when the legislature reconvenes in January, GOP good faith is by no means assured–apparently now being divided into camps that agree the legislature can address the problem, versus those who claim that any such error no matter how silly in tax policy legislation is constitutionally required to go to the voters. If the latter camp prevails, the special districts are looking at much greater losses in the coming year, and no guarantees even then.

Which amounts to a completely ridiculous outcome. Anyone who thinks this makes the 1992 Taxpayer’s Bill of Rights (TABOR) or the law’s dogmatic defenders look good has got rocks in their heads.

For the “business community” and others who have supported Republicans and paid lip service to the benefits of split control of the legislature–but also supported fiscal policies like the hospital provider fee, the FASTER vehicle registration fees, and fixing the error in SB17-267–this outcome is a slap in the face. Or at least it should be, if the constructive and moderate image these interests want to project has any meaning at all. Once again, we have Republican leadership over the narrow Senate majority killing what basically everyone else in the state wanted to see happen. If Republican Senate leadership had wanted this bill to make it to the floor, it would have, and it would have passed with bipartisan support just like it passed the House.

Could Democrats have managed the politics of this special session better? Of course–but in the context of obstruction and bad faith from one-third of the elected government of the state, you can’t blame Hickenlooper or Democrats for what happened. This was not even one side of the aisle, but one faction of that one side, who was more interested in pleasing ideologues than doing the right thing. It will be an election issue in 2018.

Stand by for updates.

Special Session Kicks Off With (Wait For It) GOP Bad Faith

UPDATE #4: The editorial board of the Denver Post tears into Republicans for their actions today:

Colorado’s Republican lawmakers blew off responsibility on the first day of a special legislative session Monday, when three GOP lawmakers cast a spiteful, obstructionist vote to score political points and punish innocent government entities with small but significant erroneous budget cuts.

Clearly, the three Republican senators who cast that very vote on Monday, signaling the end to the October special session just as it began, don’t have an answer for their scorn-worthy actions.

As we wrote in this space on Friday, refusing to do their job isn’t going to have a happy ending for Colorado Republicans.


UPDATE #3: Meanwhile, a more hopeful picture in the Colorado House as the SB17-267 fix passes its first committee with bipartisan support:

Good job, Rep. Dan Thurlow, but make sure somebody else taste-tests your dinner tonight.

UPDATE #2: The first attempt in the Colorado Senate to fix SB17-267 dies in the Transportation Committee on a 3-2 party-line vote.


UPDATE: In the interest of transparency, we’ve posted the full text of the draft bill from Sen. Jerry Sonnenberg to fix the SB17-267 glitch after the jump. Perhaps it will inspire more interested parties to question why exactly we can’t do this now…?


Colorado Senate President Kevin Grantham.

As Joey Bunch of the news outlet formerly known as the Colorado Statesman reports, the Colorado House and Senate have gaveled in and are now starting the process of debating legislation to fix a drafting error in Senate Bill 17-267: an error costing special tax districts millions of dollars in uncollected tax revenue.

How far they get in that process, though, is anybody’s guess:

Colorado Senate Republicans said Monday morning, at the dawn of special session, they needed the extra three and half months before the next regular session to find a solution to fix a bill they helped mess up in the last regular session.

“There’s been a lot of controversy and firestorm about what’s getting ready to happen here today, and a lot of back of forth with the first floor, the governor’s office, whether we’re going to have a special session or not have one and what’s going to happen,” Senate President Kevin Grantham, R-Canon City, said Monday morning.

As of this writing the Senate Transportation Committee is hearing legislation to fix the error, so we’d say the question of whether “to have a special session or not” is moot. But the question remains wide open as to what the one-seat GOP Senate majority will allow to get through their chamber, if anything. Following up on our first report about a bill already in the works from GOP Sen. Jerry Sonnenberg for the 2018 regular session in January, reporter Marianne Goodland has Sonnenberg ignominiously walking back the whole thing:

Sonnenberg had been working on a draft bill intended to address the problem, but a bill he didn’t plan to introduce until next January. And Sonnenberg indicated Sunday the bill doesn’t address a growing concern over the constitutionality of the fix. The measure’s intent to restore revenue to special districts that were inadvertently stripped of those dollars is now raising questions whether voters will ultimately have to decide that issue…

But since he began working on that draft, Sonnenberg’s views on the constitutionality of the fix have changed. He told Colorado Politics that once the draft started circulating, legislative leaders started raising questions about whether the fix, which would restore tax revenue to those special districts, might be something voters will have to decide.

After Republicans came under pressure from activist groups like the Independence Institute and Americans for Prosperity-Colorado announced their displeasure with Gov. John Hickenlooper for calling the special session, Sen. Sonnenberg’s bill explicitly acknowledging the problem and showing the roadmap to a relatively easy fix became a serious political liability–not just for Sonnenberg, but every Republican groping for a reason to oppose the special session. So the screws got turned, and Sonnenberg appears to have lost his nerve.

The argument that voter approval is required to fix this error simply doesn’t hold water. On the matter of marijuana taxes, Colorado voters have weighed in three times in recent years–in 2012 with the passage of Amendment 64, and then twice more with Propositions AA and BB clarifying that yes, despite whatever faulty language in the original proposal that may not have fully complied with the byzantine 1992 Taxpayer’s Bill of Rights (TABOR), the people do want marijuana to be taxed.

Once you understand the details here, forcing special tax districts to wait for the legislature to convene in January–or worse yet, making them wait for a referred measure that likely wouldn’t come before next November–is a completely needless breakdown of functional government. In any practical messaging sense, this is a terrible predicament for Republicans to launch a defense of TABOR from. In this case, they are using an interpretation of TABOR so stilted that basically no one agrees with them except perhaps for TABOR’s convicted felon tax evader author Doug Bruce. And they are using it to do real harm, over what everyone agrees was an unintentional mistake.

Most observers we’ve talked to do believe legislation to fix this error would pass the Colorado Senate if it makes it to the floor. So as of now, the choice of whether the special session will be a further waste of money in an effort to fix an error that’s costing much more money rests with GOP Senate President Kevin Grantham.

Stay tuned for updates as they come in.


Republicans Compound Bad Ideas with Bad Decisions

“Privacy Scarf,” Senate President Kevin Grantham

“There are no bad ideas, just bad decisions.”

You’ve probably heard a variation of that quote at some point in your life, and there are plenty of examples to back it up. The “Privacy Scarf” was an actual (bad) idea that someone once had for a new product. Fortunately, nobody ever made the equally-bad decision to invest money in the mass production of this product.

Where you really get into trouble in life is when you follow up a bad idea with a bad decision…which brings us to Colorado Republican lawmakers and next week’s “special session.” Two weeks ago, Governor John Hickenlooper called for a “special legislative session” so that lawmakers could make a quick fix to an inadvertent error from the 2017 legislative session, and Republicans are now pledging to not do their jobs.

To briefly recap the situation, a key bipartisan fiscal stabilization bill (SB17-267) was passed this year and signed into law to protect rural hospitals from possible closure. Unknown to either its Democratic or Republican sponsors, the bill contained a drafting error that has had the effect of eliminating marijuana sales tax revenues collected by special tax districts around the state – two of the better examples being Denver RTD and the Denver metro’s Scientific and Cultural Facilities District (SFCD), which includes the Denver Zoo and the Museum of Natural History; RTD alone stands to lose millions of dollars in uncollected revenue between now and when the legislature reconvenes in January. Rural hospitals and transportation districts also face significant revenue losses.

As John Frank writes for the Denver Post, these revenue shortfalls necessitate a quick fix to the problem that can’t wait for the legislature to reconvene in January:

The sense of urgency in certain parts of the state is what prompted Gov. John Hickenlooper to call state lawmakers back into a special session to fix legislation that mistakenly exempted retail marijuana from sales taxes in nine special districts around the state.

But not all share the same outlook. The leaders of the Republican-controlled state Senate made clear they plan to adjourn the special session without passing legislation to fix the glitch. [Pols emphasis]

Republican lawmakers, led by Senate President Kevin Grantham, are all bent out of shape over the idea of the special session. The GOP’s opposition here is more about hurt feelings than anything else, with Republican leaders complaining that Hickenlooper didn’t do enough to consult them before calling the special session.

What Republicans cannot do with a straight face is pretend that this is a problem that doesn’t need fixing; state Sen. Jerry Sonnenberg was already preparing legislation on the matterOn Friday, Hickenlooper called out Republican lawmakers over their stubborn refusal to work with Democrats to address the problem, as Brian Eason reports for the Denver Post:

“What do they benefit? (How) does the conservative principles of the Republican Party benefit?” Hickenlooper said. “The only people who really benefit are the marijuana smokers and fundraising support of the Republicans.

“This is turning into a political circus,” he added. “It defies logic, from my perspective.”

Are Republicans really going to show up for the special session on Monday and essentially just refuse to do their jobs? Approval ratings for the Republican Party recently hit an all-time low, in large part because people are fed up with the GOP’s inability to get anything done; yet here again Republicans are preparing to hand Democrats another stick to beat them with in 2018? This kind of boneheaded decision could prove fatal for the re-election hopes of someone like state Sen. Beth Martinez Humenik, who is already on record opposing the original legislation.

This debacle for Grantham and friends is similar to how someone like Sen. Cory Gardner ends up paralyzed on healthcare reform because he is terrified about what a couple of big donors are saying. Republicans seem to be so completely beholden to a handful of interest groups that they can no longer even register the tar pit right in front of them.

Get More Smarter on Monday (September 25)

Coloradans are not going to back President Trump over the Denver Broncos. It’s time to Get More Smarter. If you think we missed something important, please include the link in the comments below (here’s a good example). If you are more of a visual learner, check out The Get More Smarter Show.



► Arizona Sen. John McCain may have torpedoed Republican efforts to repeal Obamacare, but the rhetoric out of Washington D.C. suggests that the Senate might still try to force a vote this week. Senate Republicans made some changes to the Graham-Cassidy legislation that is the topic of debate this week, but as the Washington Post reports, it’s probably not enough to get the bill across the finish line:

The Republican senators at the forefront of the latest effort to undo the Affordable Care Act proposed Monday sending more health-care dollars to the states of key holdouts, hoping to keep their bill viable as it faced a wall of resistance on Capitol Hill.

Republican Sens. Bill Cassidy (La.) and Lindsey O. Graham (S.C.) have given Alaska and Maine — two of whose GOP senators, Lisa Murkowski (Alaska) and Susan Collins (Maine), respectively — have expressed concerns but not yet declared how they would vote on the measure.

But there was little evidence Monday that the changes would secure enough votes for the legislation’s passage. Sen. Rand Paul (Ky.), who is one of two GOP senators against the bill, reiterated his opposition to the updated measure, and the other lawmaker, Sen. John McCain (Ariz.), has objected to it on the grounds that there has been no bipartisan outreach…

…A vote by Collins or any other senator would be enough to defeat the bill, since no Democrats are expected to support it. Republicans hold a 52-to-48 advantage in the Senate and can lose only two votes from their party and still pass legislation with the help of a tiebreaking vote from Vice President Pence.


► Senator Cory Gardner (R-Yuma) was quoted by the New York Times on Friday telling his fellow caucus members that Republican “donors are furious” over the GOP’s inability to move healthcare legislation forward; Gardner was a guest on the CBS show “Face the Nation” on Sunday, where he was asked twice to comment about the idea that repealing Obamacare was more about appeasing major donors than anything else. Gardner did as Gardner does by ducking both questions.


► State Treasurer Walker Stapleton finally made his announcement that he will seek the Republican nomination for Governor in 2018.


► Governor John Hickenlooper responds to Republican legislators who have been voicing their opposition to a “special session” called for next week. In short: We’ll see you on Monday.


► Check out the latest episode of “The Get More Smarter Show,” featuring an in-depth interview with Joe Neguse, Democratic candidate for Congress in CD-2.


Get even more smarter after the jump…


Get More Smarter on Friday (September 22)

Welcome to the first day of Autumn. It’s time to Get More Smarter. If you think we missed something important, please include the link in the comments below (here’s a good example). If you are more of a visual learner, check out The Get More Smarter Show.



► Arizona Sen. John McCain appears to have torpedoed the last best hope for Republicans hoping to repeal Obamacare before a budget reconciliation deadline of Sept. 30. From the Huffington Post:

Sen. John McCain (R-Ariz.) said Friday that he doesn’t support the latest Obamacare repeal bill, all but ensuring Republicans’ last-ditch effort to gut the Affordable Care Act is dead in the water.

“I cannot in good conscience vote for the Graham-Cassidy proposal,” McCain said in a statement.

“I believe we could do better working together, Republicans and Democrats, and have not yet really tried,” he said. “Nor could I support it without knowing how much it will cost, how it will affect insurance premiums, and how many people will be helped or hurt by it. Without a full [Congressional Budget Office] score, which won’t be available by the end of the month, we won’t have reliable answers to any of those questions.”

As multiple news outlets are reporting, McCain’s statement of opposition to the Graham-Lindsey healthcare bill all but ensures the legislation’s demise. The major flaws in Graham-Cassidy were too much for McCain to ignore. While this is another blow to Senate Republican leadership, it also provides a convenient exit strategy for Colorado Sen. Cory Gardner (R-Yuma), who had absurdly claimed that he was “undecided” on the legislation when he is more worried about angering major Republican donors.

Coloradans such as Sarah Metsch can also exhale — for the moment, anyway.


► Colorado Republican opposition to a “special session” called by Gov. John Hickenlooper is getting more and more ridiculous by the day.


► The Washington Post reports on escalating rhetoric between President Trump and North Korea. If you’re looking for a silver lining here, at least Americans are learning a new word.


► The Trump administration is making changes to its “Don’t Call it a Muslim Travel Ban. From the New York Times:

President Trump’s ban on travelers from six majority-Muslim countries is set to be replaced as soon as this weekend with more targeted restrictions on visits to the United States that would vary by country, officials familiar with the plans said on Friday.

The new restrictions, aimed at preventing security threats from entering the United States, could go into effect on Sunday after the conclusion of a 90-day policy review undertaken as part of the administration’s original travel ban. Though the restrictions would differ for each country, people living in the targeted nations could be prevented from traveling to the United States or could face increased scrutiny as they seek to obtain a visa.

As part of the review, administration officials said that the Department of Homeland Security initially identified more than six nations that were failing to comply with security standards that could block terrorists from entering the United States. Officials notified the governments in those nations that travel to the United States could be severely restricted if they did not increase those standards. It was not clear which countries would be targeted under the new restrictions or exactly how many would be affected.


Get even more smarter after the jump…


Special Session: This Is Completely Ridiculous, Kevin Grantham

Colorado Senate President Kevin Grantham.

9NEWS’ Brandon Rittiman reports on one of the most bizarre and outrageous spectacles we’ve seen from the one-seat Republican Colorado Senate Majority–and that is no small statement:

Colorado Senate President Kevin Grantham (R-Cañon City) has a message for the governor about the special session scheduled to start in less than two weeks: call it off.

“In this case, the toothpaste can be put back in the tube,” Grantham said in an interview Thursday for Balance of Power. “He should rescind the order.”

…Asked if he need to take Grantham’s suggestion seriously and consider calling off the special session, Hickenlooper said he wants to talk it over with the parties involved.

To briefly recap the situation, a key bipartisan fiscal stabilization bill (SB17-267) was passed this year and signed into law to protect rural hospitals from possible closure. Unknown to either its Democratic or Republican sponsors, the bill contained a drafting error that has had the effect of eliminating marijuana sales tax revenues collected by special tax districts around the state–two of the better examples being Denver RTD and the Denver metro’s Scientific and Cultural Facilities District (SFCD). RTD alone stands to lose millions of dollars in uncollected revenue between now and when the legislature reconvenes in January, which is why Gov. John Hickenlooper called the special session to deal with the problem now.

And that’s where this all gets, well, rather infuriating:

“We’ll certainly talk to the special districts of course,” Hickenlooper said, adding that he wants to discuss Grantham’s concerns in depth. “I don’t understand where this is coming from, but obviously there must be some reason, so I’ll obviously want to sit down and talk to him.” [Pols emphasis]

…As for the special session, no one meant to cut off special districts from marijuana taxes—a fact Grantham freely admits.

However, he and his fellow Republicans do argue the special session is unnecessary and that the fix can wait until the next regular session of the legislature in January.

As we first reported late last week just as Republican objections to the special session were starting to make the news, GOP Sen. Jerry Sonnenberg (a prime sponsor of SB267) has already filed draft legislation for the 2018 session that would fix the error created by leaving special tax districts out of SB267. There’s no disputing the nature of the problem, and Sonnenberg’s bill shows how simple the fix would be. A special session of the legislature costs approximately $25,000 a day, so accounting for the minimum time required for legislation to pass the General Assembly means a total cost of under $100,000.

To save special districts from millions in lost revenue. How is this not a no-brainer, you ask?

…But it does inconvenience the 100 members of Colorado’s part-time legislature. Members are back at their day jobs or traveling in the off period.

“Certainly it bugs me,” Grantham said. “It bugs a lot of folks that are in the legislature, Democrat and Republicans, that we had to do this right here and right now.”

That’s right, folks! Senate President Kevin Grantham is annoyed about doing his job. The only thing that Grantham can hope for here is bigger political news driving this story down the page, because it is hugely embarrassing for Grantham and the one-seat Senate majority. Under the hood, political insiders understand that Republicans were divided on the passage of SB267, with outside agitators like the Independence Institute basically calling the deal a crime against the 1992 Taxpayer’s Bill of Rights up against rural lawmakers like Sen. Sonnenberg who couldn’t stand by while hospitals closed. Sonnenberg himself has been mentioned as a possible congressional candidate in the event Rep. Ken Buck doesn’t run again, and aggrieving the TABOR purists in the Colorado GOP isn’t an auspicious way to enter a Republican primary.

But none of that really matters. What matters is that lawmakers on both sides made a simple mistake–and rather than take the equally simple action needed to rectify that mistake before it costs millions, Senate Republicans are refusing to do their jobs. Their ulterior motives are irrelevant, because there’s just no excuse for this based on their stated rationale–or lack thereof. It is absolutely, irredeemably contemptible.

And for the tenuous Republican majority in the Colorado Senate, it could be political suicide.

Special Session Shenanigans Nearing Point of Absurdity

Sen. Jerry Sonnenberg.

As the countdown to the October 2nd kickoff of a special session of the Colorado General Assembly to address a drafting error in legislation this year that’s costing special tax districts like RTD Denver millions in uncollected marijuana tax revenue, 9NEWS’ Brandon Rittiman tried to sort out earlier this week the whys and wherefores:

Colorado’s 100 state lawmakers will trudge up the capitol steps for at least three days of extra work in October—all because of a technical error in a bill they passed earlier this year.

The major political parties don’t agree on whether this is an emergency that warrants calling a special session—the next regular session in only months away in January—but they do at least agree on what the problem is…

By removing marijuana from the group of things subject to regular sales taxes, special districts and other limited purpose governmental entities could no longer collect sales tax on retail marijuana.

“Consequently, those entities have experienced, and will continue to experience, reductions in revenue that jeopardize their ability to provide services to their constituents… a correction is needed to ensure services are not unintentionally diminished,” said Hickenlooper in the executive order.

As we discovered late last week, Republicans not only are aware of the error in this legislation that’s costing special districts millions, GOP Sen. Jerry Sonnenberg had already filed a draft bill for the 2018 legislative session to fix the error. In their initial angry response to Gov. John Hickenlooper’s executive order calling the special session, Republicans never once mentioned this critical detail.

After we exposed the existence of a Republican bill to accomplish the goal of the special session last Friday, Sen. Sonnenberg responded:

The problem? That statement is ridiculous. Every month that goes by is costing money to these special districts, something that everyone agrees was not intended. Waiting until January would cost RTD alone an estimated $3 million–far more than the cost of a special session. If the problem is worth fixing at all, why would you not avert the loss of millions of dollars to these districts by acting now? It just doesn’t make sense.

Here’s the real problem: Sen. Sonnenberg, the prime Republican sponsor of this year’s grand bargain legislation that included the drafting error cutting off special districts from marijuana tax revenue and a possible future congressional candidate, has taken heavy fire from far-right activists at the Independence Institute and Americans for Prosperity for what they see as an apostasy against the 1992 Taxpayer’s Bill of Rights (TABOR). Their position, that a statewide campaign and vote was needed to make the changes in this year’s bill, wasn’t agreed with by Gov. Hickenlooper, the state’s Republican attorney general, or the majority of legislators–and in the end AFP lost the fight and SB267 was signed into law.

Now that this mistake has been discovered that is costing special tax districts millions of dollars, these same activist groups are pressuring Republicans to not fix the problem at all:

As you can see, AFP-Colorado has leapt right past the question of whether to fix the problem now or wait until January–by declaring that any such fix requires a statewide vote of the people. That’s not a position either directly or indirectly supported by legal opinions from the AG or rulings by the Supreme Court, who have consistently interpreted TABOR in favor of allowing the state to carry out basic functions–and yes, to get around TABOR’s obtrusive yet narrow wording where necessary in order to do so.

Look, we get that TABOR’s defenders view it as obligative to defend the 1992 law’s provisions to to the smallest semantic detail, but in this case they are rapidly descending into self-reinforcing nonsense. No reasonable observer of this process would conclude it’s justified to demand a multimillion-dollar statewide election campaign to fix a drafting error in legislation that is doing immediate harm. If anything, this dogmatic insistence on manufacturing an unworkable situation from a simple drafting error exposes the underlying motivations of the law’s defenders: to make it harder to govern. To blame the system instead of fixing the error. To use the hurdles TABOR imposes to break government, not to fix it.

This kind of intransigent nonsense may be what TABOR’s convicted felon tax cheat author intended, but the 52% of Colorado voters in 1992 who voted for TABOR should be horrified by the destructive nonsense their vote 25 years ago is being used to justify today.

BREAKING: GOP Special Session Shenanigans Confirmed

UPDATE: You may have noticed that the deadline dates listed in the draft bill in question (below) erroneously state 2017 as the coming legislative year. Since this legislation was filed last week, it’s obviously intended for the 2018 legislative session.

Thus illustrating again that errors, you know, happen. And then we fix them.


As we reported earlier today, Gov. John Hickenlooper has called a special session of the Colorado General Assembly to convene early next month for the purpose of remedying a drafting error in Senate Bill 17-267: the large-scale bipartisan fiscal bill that averted large cuts to the budget this year, and in particular protected rural hospitals from possible closure. Although this language fix would save Denver RTD and the metro Scientific and Cultural Facilities District (SFCD) from millions of dollars in unexpected cuts due to marijuana tax revenue they would not receive, Republicans appear to be rallying against making the fix–preferring instead to blast Hickenlooper for the “waste” of calling a special session to deal with the problem.

But we just found out something very important. Republicans already know about the problem.

This is an excerpt from a draft bill filed by GOP Sen. Jerry Sonnenberg on September 5th. This draft legislation appears to accomplish the aim of the special session–ensuring that special taxing districts like RTD and SFCD can continue to levy their marijuana sales taxes even after the legislature exempted marijuana from the state’s regular sales tax:

Because state law specifies that the regional transportation district (RTD), the scientific and cultural facilities district (SCFD), and a health services district (HSD) may levy sales tax only on transactions upon which the state levies sales tax “pursuant to the provisions of article 26 of title 29. C.R.S.”, the exemption of retail marijuana sales from the general state sales tax had the unintended consequence of exempting such sales from RTD, SCFD, and HSD sales taxes even though the state continues to levy the retail marijuana sales tax pursuant to article 28.8. of title 39, C.R.S. In addition, other statutes that authorize certain special districts and authorities to levy sales taxes only upon transactions upon which the state levies sales tax but do not specifically reference article 26 are sufficiently ambiguous that they could also be interpreted to no longer authorize those special districts to levy sales tax on retail marijuana sales.

The bill clarifies that retail marijuana sales are subject to RTD, SCFD, and HSD sales taxes as well as other potentially affected special district and authority sales taxes.

Folks, this is the objective of the special session–to correct this exact error, and ensure these monies continue to flow to these special tax districts. To fail to pass this fix bill as quickly as possible will mean lost revenue for these entities. That’s why Gov. Hickenlooper called the special session.

Obviously, the fact that Republicans not only knew about this problem, but had already filed a draft bill for the 2018 legislation to address the problem, severely undercuts their feigned outrage over being called back to address it sooner–and it means they should have no problem supporting the bill whenever they get it. We have no idea how they intend to respond to the charge of blatant hypocrisy and political posturing here, but it’s one of the more egregious cases we’ve seen in recent memory.

In fact, this is exactly the kind of nonsense that makes the voting public hate politics.

AFP: All Over The Map On Hospital Provider Fee Follies

As the Denver Post’s Brian Eason reports, Gov. John Hickenlooper is calling state lawmakers back next month for a narrowly-focused special session of the legislature–the purpose being to fix an error in a key piece of legislation passed this year that is resulting in unexpected budget cuts to specific programs:

Gov. John Hickenlooper on Thursday called lawmakers back to the Capitol to fix a bill-drafting error that has been costing Denver-based institutions hundreds of thousands of dollars a month in marijuana revenue.

The special session set to start Oct. 2 will be the first in five years for Hickenlooper and the General Assembly, an extraordinary step for a governor who typically has deferred to lawmakers on legislative matters during his two terms.

“After hearing about the potential impact on citizens around the state, it is clear that this problem is best solved as soon as possible,” Hickenlooper said in a statement announcing his executive order, capping a day of speculation about his plans.

The error in question affects the bipartisan hospital provider fee and budget fix legislation Senate Bill 17-267, this year’s hard-won compromise bill hammered out between Democrats and Republicans led by Sen. Jerry Sonnenberg that averted much larger and more painful budget cuts. Specifically, the mistake eliminated marijuana tax funding for Denver RTD and the metro area’s Scientific and Cultural Facilities District (SCFD), along with a few other organizations, while intending to increase marijuana tax revenue–meaning an error completely counter to the bill’s intentions.

But as you might have expected, Republicans and conservative activists are howling over the special session and threatening to not cooperate–including Sen. Sonnenberg and Rep. Jon Becker, the two primary GOP sponsors of SB-267:

Intransigence that is outraging Democrats who worked with them:

As for the state’s biggest conservative advocacy group, Americans for Prosperity-Colorado? Don’t bother. They’re all over the map. During the legislative session, AFP claimed to be “working with” Sen. Sonnenberg on SB-267, ostensibly to ensure it wasn’t too offensive to them. The organization was listed in lobbying disclosure forms as “monitoring” SB-267, not opposing, while then-AFP state director Michael Fields taunted Democrats about supposed GOP willingness to move forward:

And the group’s 2017 Colorado legislative scorecard–the first version, anyway–was a little confusing, but appeared to consider a “yes” SB-267 vote a good thing: