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Campaign Updates>
Retrospective: Penry's Year of Accomplishment
May 9, 2006
2006: A YEAR OF ACCOMPLISHMENT FOR REP. JOSH PENRY
“Rep. Josh Penry, R-Grand Junction: A mere freshman and in
the minority party at that, Penry was a key player in some
of the biggest issues of the session...”
- Rocky Mountain News, “Winners & Losers In the
Legislature”, May 9, 2006
KEY LEGISLATION AUTHORED BY REPRESENTIVE JOSHUA PENRY
SB 22-Sexually Violent Predators
SB 22 by Sen. Kester and Rep. Penry requires that
communities be notified of sexually violent predators
(SVPs) living in their neighborhood, even if the individual
was convicted in another state. Currently, no notice is
given to a community when a convicted sexually violent
predator moves in from another State. Penry’s legislation
also extends the definition of sexually violent predators
set forth in current law to include persons convicted of an
attempt, solicitation, or conspiracy to commit sex
offenses. The bill also eliminates a provision in current
law that gives discretion to judges as to whether or not to
notify a community when a sexually violent predator moves
in. Thus, the bill ensures that communities, in all
circumstances, will know when a sexually violent predator
lives in their midst. Penry’s legislation was authored in
consultation with the Attorney General, the Governor, and
federal, state and local law enforcement associations.
HB 1076-Good Samaritans in Health Care Act of 2006
HB 1076 by Rep. Josh Penry (R-Grand Junction) and Sen. Kiki
Traylor (R-Littleton) is intended to encourage volunteerism
in the medical field by shielding volunteering medical
professionals from frivolous lawsuits. This bill will
extend liability protection to volunteer medical clinics,
nurses, physical therapists and other medical professionals
from lawsuits when they offer their health care services
free of charge. The legislation started when proponents of
a new, free healthcare clinic in Grand Junction informed
Representative Penry that concerns surrounding litigation
was dissuading a number of otherwise willing medical
professionals from participating in the free clinic. With
the Good Samaritans legislation on the books, this
volunteer medical clinic and others like it are expected to
surge throughout Colorado.
SB 179-Water Reserve Fund
SB 179 by Sen. Jim Isgar (D-Hesperus) and Rep. Josh Penry
(R-Grand Junction) sets aside $10 million of severance tax
money to fund water projects or other activities approved
under the Interbasin water Compact negotiation process
established under legislation that Penry authored in 2005.
The legislation, with this new funding source attached, is
expected to kick start the construction of new water
development activities, helping water providers fund the
expensive feasibility, environmental compliance, and
permitting processes associated with the construction of
new or expanded reservoirs. The bill protects basins of
origin by requiring that local roundtables sign off on a
project in order for it to receive funding, a critical
victory for Western Slope water providers.
SB 213-Patient Protection from Unfair Billing Practices
Described by Colorado Insurance Commissioner as the most
important consumer protection for patients enacted this
year, SB 213 by Sen. Hagedorn and Rep. Penry requires
health insurers to cover services that are provided at an
in-network hospital facility, including services provided
by an out-of-network medical provider, at no greater cost
to the patient than if the services were from an in-network
provider. In so doing, the bill prohibits the increasingly
common practice of balance billing, where a patient
receives an additional bill from a hospital, doctor or
other healthcare professional following a hospital visit in
cases where a non-network medical provider treated them
during their stay. The premise behind the legislation is
simple: patients should not have to ask every medical
professional who treats them whether or not they are part
of their health plan when in a hospital covered by that
health plan. Nor should a patient be penalized with
additional costs when an out of network provider treats
them in an in network hospital, particularly in emergency
situations.
Military Preference for Hunting (SB215)
SB 215 sponsored by Sen. McElhany and Rep. Josh Penry,
designed to show appreciation to Colorado veterans,
authorizes the Wildlife Commission to give preferences to
members of the U.S Armed forces for hunting licenses. It
also allows the Wildlife Commission to give qualified
service members first choice for licenses that were not
taken during the license draw period. This bill would apply
to service men and women who are stationed in Colorado, are
on active duty, and have recently returned from service
abroad.
Methamphetamine Trafficking (HJR 1017)
In response to the growing problem present in the Western
Slope, and throughout the country, with Methamphetamine
use, and the subsequent medical, community and criminal
issues related to its use, HJR 1017 by Rep. Penry presented
a call for action. Studies show that the majority of
methamphetamine is trafficked into the U.S. illegally from
Mexico. Mexican drug cartels are illegally importing
pseudoephedrine from other countries, using it to produce
methamphetamine, and then bringing it across the border.
This resolution urges President Bush, as well as the
Secretary of State to engage their counterparts in the
Mexican government to take action to decrease the flow of
methamphetamine from Mexico into the U.S. The resolution
was followed up by quick action for U.S. Senator Wayne
Allard, who took to the floor of the U.S. Senate mere days
after passage of this resolution with a plan to stem the
flow of Mexican Meth.
KEY LEGISLATION CO-SPONSORED BY REPRESENTATIVE PENRY
SB 90-Sanctuary Cities Prohibition
SB 90 requires local law enforcement agents and local
government employees, who have probable cause to believe an
individual is not in the U.S. legally, to report the person
the federal immigration officials for arrest and
extradition. This bill also prohibits local governments
from adopting ordinances that authorize local law
enforcement to ignore or otherwise not cooperate with
federal immigration authorities. Under this bill, local
governments that do not cooperate with federal immigration
authorities will not be permitted to receive grants from
the Department of Local Affairs. The bill is focused on
cracking down on those local governments that have actively
resisted cooperating with federal immigration authorities
and the laws they enforce. Under this bill, these
Sanctuary Cities are banned in Colorado.
Internet Crimes Against Children (HB 1011)
HB 1011 creates two new felony categories: Internet luring
of a child and Internet sexual exploitation of a child. The
first felony, which is a class 5 felony, is defined as a
person who communicates with a child over the Internet for
the purpose of enticing or luring the child to meet without
the consent of the child's parent or guardian. The second
felony, a class 4 felony, is committed if a person uses the
Internet to entice a child to expose or touch the child's
or another person's intimate parts. The bill will help law
enforcement protect our children from the growing threat of
Internet predators.
HB 1049-Recreational Land Liability Protection
This bill prohibits recreationists from being able to sue
land owners if they are injured in abandoned mine sites
that are documented to have existed before the law required
such sites be secured by the mining company. The bill also
limits the state's liability for mines located on lands
owned by the State Land Board. The bill was authored to
open recreational access to Colorado 14ers that can are
owned by private persons or are otherwise only accessible
across private property. The bill gives these property
owners the liability protection they want to open up access
to these Colorado treasures.
HB 1281-Clean Coal Technology
HB 1281 requires the Public Utilities Commission (PUC) to
consider the development of integrated gasification
combined cycle electric generation (IGCC) facilities. An
IGCC project facility must use IGCC technology to generate
electricity using Colorado or other western coal, cannot
exceed 350 megawatts in nameplate capacity, must
demonstrate the capture and sequestration of a portion of
the carbon dioxide emissions, and develop methods to
monitor what happens to the carbon dioxide. The bill sets
the stage for the use of clean coal technology, an emerging
innovation that could provide a new source of power to
homes in Colorado and create new markets for Colorado’s
vast reserves of clean coal.
HB 1326-Identity Theft
Under current law identity theft is not a clearly defined
crime. This bill creates the crime of identity theft as a
Class 4 felony, which carries a fine between $2,000 and
$500,000. The bill increases the penalty for the unlawful
gathering of personal information, creates a new Class 5
felony for the possession of identity theft tools, and
potentially lengthens the sentence for convicted offenders.
HB 1343-Illegal Aliens and State Contracting
This bill prohibits a state agency or political subdivision
from entering into a public contract with a contractor who
knowingly employs or contracts with a subcontractor who
knowingly employs an illegal alien. A contractor is
required to certify that it does not employ illegal aliens.
The Department of Labor and Employment (DOLE) is given
authority to conduct investigations into suspected
employment of illegal aliens. If these provisions are
violated, the contractor is liable for damages to the
agency or political subdivision. The state agency or
political subdivision is also authorized to terminate the
contract if the contractor is found in violation.
HB 1382-Rest In Peace
This bill expands the definitions of "disorderly conduct,"
"obstructing a highway or other passageway," "disrupting
lawful assembly," and "unlawful conduct on public property"
to cover acts occurring at or near a funeral or funeral
procession. The bill specifies that these crimes are Class
2 misdemeanors when committed at a funeral. The new crime
of "interference with a funeral" is also created and is
defined as a Class 2 misdemeanor. Any form of picketing at
a funeral is also prohibited under this law. A district
court may assess punitive damages, attorney fees, and other
appropriate relief against a person found guilty of
picketing at a funeral. The bill comes in the wake of a
group of extremists from Kansas who have defamed American
soldiers while picketing their funerals.
SB 136-Nursing Loan Forgiveness
This bill authorizes the Colorado Commission on Higher
Education (CCHE) to establish a Nursing Teacher Loan
Forgiveness Pilot Program that will provide for a payment
of up to $20,000 for a loan given to persons who teach
nursing at a state institution of higher education for at
least 5 consecutive academic years after receipt of an
advanced degree. The bill also establishes the Nursing
Teacher Loan Forgiveness Cash Fund in the State Treasury
consisting of moneys appropriated by the General Assembly
and any gifts, grants or donations. Money's from this fund
are continuously appropriated to CCHE to cover the costs of
the program. The bill is aimed at addressing the large
nursing shortages in rural Colorado.
SCR 1-Homestead Exemption for Veterans
This resolution, if approved by voters in the November
election, will allow for the senior homestead exemption to
be extended to veterans who are 100 percent permanently
disabled due to a service-connected disability. Also, this
resolution will allow the state to retain additional
revenue up to the amount necessary to pay for the entire
cost of the exemption in years when there is a surplus.
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