Warm holiday greetings to you and your family!  Since the end of the 2011 legislative session, events have been unfolding thick and fast; legislative district boundaries have been redrawn, improved forecasts have been issued by our legislative economists and the state’s public school finance system has been declared unconstitutional, to name just three.  I discuss these developments and invite you to tell me your thoughts about them (www.dankagan.com , (720) 519-1319, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) in this pre-session newsletter.

House District 3 Sees Important Changes

Every ten years, after each census, legislative district boundaries are redrawn to account for population shifts over the previous decade.  This has brought substantial change to House District 3.  Currently, our district includes south-central Denver, Cherry Hills Village and most of Englewood (see current district map).  The Colorado Supreme Court has now confirmed that, beginning in 2013, the district will lose all of its Denver precincts but will add those parts of Englewood not currently within the district, all of Greenwood Village and Sheridan, the northern part of Littleton (north of West Littleton Boulevard), and northern Arapahoe County as far east as Cherry Creek State Park (see future district map).  It is important to note that until January 2013, I will continue to represent the current House District 3, so if you are one of my Denver constituents I will still be working for you throughout 2012.

The State’s Finances Are Improving

On December 20, 2011, our legislative economists reported that the state’s financial condition and prospects are improving, though the pace of progress is slower than any of us would like.  The 2010-11 General Fund is in surplus, allowing us to transfer $221 million to the State Education Fund (Senate Bill 11-156) and $67 million to the State Public School Fund (Senate Bill 11-230).  For the current fiscal year (FY 2011-12) General Fund revenue is expected to exceed the amount budgeted by $148 million and, if that surplus is carried forward to the following year (FY 2012-13), revenue is forecast next year to exceed appropriations by $470 million.  Crucial to understanding these figures are the assumptions that the economy performs as forecast and events in Europe do not undermine the slow recovery now underway.  Most importantly, the figures do not account for inflation or caseload growth, both of which are almost certain to occur.  Nevertheless, it is encouraging to learn that the state appears in better financial shape now than it appeared three months ago.  Colorado businesses are again hiring, though not quickly enough; I will do everything possible in the 2012 session to encourage job creation and continued economic growth.

School Finance System Declared Unconstitutional

In what could turn out to be a very significant development, a Colorado District Court has ruled that the state’s public school finance system is unconstitutional (Lobato v. State of Colorado).  The decision is subject to appeal and possible reversal by the Colorado Supreme Court, but, as of now, our state’s school finance system is authoritatively said to be irrational and underfunded by as much as one to four billion dollars per year.  The constitution requires the state to provide a “thorough and uniform” system of public education with a significant measure of local control.  This, the court says, we fail to do, largely because we don’t appropriate sufficient funds to meet the constitution’s requirements.

The court left it to the legislative branch to devise a remedy.  It specified also that legislative action can wait until appeals have been exhausted or, if there is no appeal, then at least until after the 2012 legislative session.

There is no constitutional requirement, therefore, for immediate action by the General Assembly, but that does not mean, in my view, that we can blithely ignore the Lobato decision in the upcoming session.  I believe it would violate the spirit, if not the letter, of the decision if we were to impose further cuts on the K-12 education system.  The least we can do, with a clear conscience and in conformity with our constitutional oath, is to maintain the already inadequate funding levels we currently have.  I intend to accept no less.

Some Of My Bills For 2012

The 2012 legislative session begins on January 11^th, so I have already begun drafting legislation that I plan to introduce next month.  This includes a bill to protect babies in Colorado from Bisphenol A (BPA), an arguably toxic chemical used in the manufacture of plastic baby bottles.

I will also introduce a “Buy Smart Colorado” bill, which will improve the way in which the state buys goods and services from the private sector.  Under current procurement procedures, small Colorado-based businesses find it very hard to become vendors to the state, while state agencies spend inordinate amounts of time arranging their purchasing from large out-of-state companies who know how to navigate the system.  This complex and bureaucratic procurement process also leads to the state paying higher prices than necessary.  Streamlining the process will, therefore, not only create jobs here at home, but also save taxpayer money.

Every year, the Colorado economy demands tens of thousands of workers with specialized knowledge and skills, while our colleges, universities, vocational schools, apprenticeship programs and others train folks to fill those jobs.  But nobody knows if the skills which Coloradans are diligently acquiring are going to be in sufficient demand – or in over-supply – by the time they’ve finished their training.  That’s why my “Workforce Development Act” will provide, for the first time, a carefully researched comparison of the economy’s projected workforce needs with the number and type of jobs that Coloradans are being trained for.  Businesses will more easily find appropriately skilled workers, and newly-educated Coloradans will more easily find jobs.

I Want To Hear From You

As I’ve said before, I do my job best when I hear from you.  So please don’t hesitate to be in touch (www.dankagan.com, (720) 519-1319, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at any time, whether it be about topics raised in this newsletter or any other concerns you may have.  I’m looking forward to your call or mail!

Thank you for according me the privilege and duty of representing you in the Colorado House.  I wish you and yours a very happy holiday.