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The Civil Union Law — Understanding the fine print

On March 12th the Colorado General Assembly passed a bill that will allow any two unmarried adults, regardless of gender, to obtain a civil union and full access to the same legal that are awarded to spouses in a traditional “marriage”.

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On March 12th the Colorado General Assembly passed a bill that will allow any two unmarried adults, regardless of gender, to obtain a civil union and full access to the same legal benefits, responsibilities, and protections that are awarded to spouses in a traditional “marriage”. The bill, entitled The Colorado Civil Unions Act (SB-11), was passed by the House with a vote of 39-26 and was signed into law by Governor Hicklenlooper on March 21st. While many reports of this new development share the opinions of politicians and the sentiments of those who have worked hard for this victory, few explain the actual details of the bill.

The most up-to-date version of SB-11 is 42 pages long and explains at great length (and a wealth of legal jargon) everything lawmakers need to know about implementing this new piece of legislation. Couples who choose to enter into a civil union will have access to over twenty-five specific legal rights, and many people may not have any idea what they’re entitled to. For example, without a civil union, a person would not have the legal right to see his/her spouse in the hospital if he/she was fatally injured. That person would also lack the right to visit his/her spouse a correctional facility, jail, or private contract prison, or even in a facility providing mental health treatment.

Much of what couples will have access to concerns financial, property, medical, and insurance rights. However, this new bill will also allow spouses to adopt each other’s children and protect individuals from “discrimination based upon spousal status”. For many the passage of this bill is a time of joy, but it is unlikely that every couple that receives a civil union will have a perfectly healthy and abuse-free relationship. Luckily, this bill also includes clauses that provide individuals in a union with “protections and coverage under domestic abuse and domestic violence laws rights”, and “protections under victims’ compensation laws and victims and witness protection laws”. And should a couple decide to end a civil union, they would have the capability to terminate their legal connection in the same manner as a married couple that is seeking a divorce.

So, now that the bill has been passed and Governor Hicklenlooper has signed it into law, starting on May 1st any two unmarried adults wishing to acquire a civil union must simply apply at the office of a county clerk & recorder. Once it has been certified, the magistrate or judge returns it to the county clerk & recorder so that it can be officially registered. While many couples may wish to have a spiritual or religious ceremony to celebrate their unifications, no officials of a religious institution (such as a priest or a rabbi) are required by law to certify civil unions. The reason for this clause is because the authors of the bill felt that it could be viewed a violation of those leaders’ religious rights if they were legally required to do so. Couples can certainly arrange to have some type of religious ceremony or exchange of vows, but it is up to them to secure an officiant that is in full awareness of his/her rights as a faith leader.

Although there are many people and politicians who are in full support of SB-11, naturally there are those who voice their objections to it. Most of the primary arguments against it are religious in nature; politicians are concerned that there are no sanctions protecting businesses and adoption agencies from having to abide by the bill. And even though there is a specific section defining marriage as between a man and a woman, opponents believe it will detract from the traditional institution of marriage. As May 1st approaches, there are bound to be people who do not support this law or still think that it is not good enough for same-sex couples; but Colorado joins a list of other states to offer rights, once exclusionary, to same-sex couples.

by Morgan Dysinger

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Colorado

Expect more bigger, more damaging hail storms as they hit areas with growing populations

limate change will make the atmosphere more moist, but the effect that will have on hailstones isn’t clear experts aren’t clear.

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BOULDER, Colo. (AP) — Hailstorms inflict billions of dollars in damage yearly in North America alone, and the cost will rise as the growing population builds more homes, offices and factories, climate and weather experts said Tuesday.

The role of climate change in hailstorms is harder to assess, the experts said at a conference at the National Center for Atmospheric Research in Boulder, Colorado.

Climate change will likely make large hailstorms worse, but population growth is more of a certainty, said Andreas Prein, a climate modeling scientist at the atmospheric research center.

“We know pretty certain that we will have more people in the future, and they will have more stuff, and this stuff can be damaged,” Prein said. “I think this component is more certain than what we can say about climate change at the moment.”

This year is expected to be the 11th in a row in which the damage from severe storms exceeds $10 billion in the United States, and 70 percent of that cost comes from hail, said Ian Giammanco, a research meteorologist for the Insurance Institute for Business and Home Safety.

“It’s such a huge driver of the dollar loss each year,” he said.

Costs are rising in the U.S. because homes are getting bigger, from about 1,700 square feet (139 square meters) in the early 1980s to 2,500 square feet (232 square meters) in 2015, he said. New subdivisions also pack homes in more tightly, Giammanco said.

“So it’s a bigger target for hailstorms to hit,” he said.

The effects of climate change on hail and the resulting damage are harder to calculate because hailstorms require distinct ingredients, and global warming affects them in different ways, Prein said.

To form, hailstorms require moisture, an updraft, variable winds and freezing temperatures at lower levels of the storm cloud, he said.

Updrafts lift water droplets into the clouds, where they attract other droplets and freeze together, scientists say. Winds of varying speed and direction keep the droplets suspended in the cloud long enough to grow into hailstones. When they eventually fall, freezing temperatures in the cloud keep them from melting before they hit warmer air closer to the ground.

Climate change will likely increase updrafts, helping hailstones form, Prein said.

But it will inhibit two hail-producing conditions, he said. Warmer temperatures will expand higher into the atmosphere, so falling hailstones have more time to melt before hitting the ground. And differences in wind speed and direction will subside, he said.

Climate change will make the atmosphere more moist, but the effect that will have on hailstones isn’t clear, he said.

Kristen Rasmussen, an assistant professor at Colorado State University, said the combined effects of climate change will probably inhibit the number of weaker storms but increase the number of severe ones.

“So we actually think that’s why we’re seeing a decrease in the number of weak to moderate storms and an increase in the most severe storms,” she said. “If those storms are able to break through this inhibition, they … have the potential to be more severe, and they can tap into more energy when they do so.”

The researchers said they need more data to understand the relationship between climate change and hailstorms. Improved science could also help predict hailstorms and calculate risks better, they said.

The Rocky Mountains of Colorado, the Andes in South America and the Himalayas all have conditions that make them hotspots for hail, Rasmussen said.

A May 2017 hailstorm in the Denver area caused $2.3 billion in insurance losses. Last week, hail injured 14 people in Colorado Springs and killed at least five animals at the city zoo. Damage estimates were still being compiled.

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Colorado

Colorado voters will decide on $1.6 billion tax increase for education

A $1.6 billion initiative to benefit Colorado schools, paid for by higher taxes on corporations and wealthier individuals, will appear on the ballot this November.

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A $1.6 billion initiative to benefit Colorado schools, paid for by higher taxes on corporations and wealthier individuals, will appear on the ballot this November.

The Colorado Secretary of State’s Office said on Thursday that supporters of the measure had more than met the signature requirements.

Supporters of the effort, dubbed Great Schools, Thriving Communities, turned in 179,390 signatures last month, of which 130,022 were deemed valid. They needed just 98,492 valid signatures to get on the ballot. Under more stringent requirements adopted by voters in 2016, those signatures also needed to represent 2 percent of the registered voters in every state Senate district.

Initiative 93 represents the third attempt in seven years to raise money for education. Colorado’s Taxpayer’s Bill of Rights requires that voters approve any tax increase, and voters have twice before rejected statewide school funding measures by wide margins, most recently in 2013. To pass, Initiative 93 would need approval from 55 percent of voters.

The measure could share the ballot with a major tax increase for transportation, as well as a measure that would require the state to spend more on roads without raising taxes.

In addition to raising taxes for schools, Initiative 93 would fully fund all-day kindergarten and increase funding for preschool and for students with particular needs, such as those learning English and those who have disabilities. School districts would have broad discretion, though, about how to spend the new revenue.

Conservative critics of the measure say that’s one problem with it. In their view, it amounts to putting a lot more money into a system that has not significantly improved student achievement, without clear mechanisms to change that.

“The research is clear that simply adding more money to the same system will not lead to increased student achievement,” the conservative education reform advocacy group Ready Colorado said in an email to members. “Funding increases should be tied to policies that will improve educational outcomes.”

The group also criticized the measure for introducing a tiered tax system to replace Colorado’s flat income tax. That’s one key difference between this attempt and Amendment 66 in 2013. The last effort would have raised taxes on everyone, while this tax increase would affect those earning more than $150,000.

In contrast, the Colorado Children’s Campaign quickly issued a statement in support of the measure, calling it a “once-in-a-generation opportunity to create an education financing system that is more adequate, modern, equitable, and sustainable. This is the first step in removing structural barriers to opportunity and ensuring every chance for every child to succeed.”

Colorado ranks 28th among states in per-pupil spending, when all state, local, and federal dollars are combined, according to the most recent ranking from the National Education Association. However, school funding varies considerably around the state, and half of Colorado school districts, most of them in rural areas, operate on a four-day week because they can’t afford to be open five days.

Since the Great Recession, state lawmakers have held back $7.5 billion in money that would have otherwise gone to schools under a formula in the state constitution. The 2018-19 state budget included a 6.95 percent increase for K-12 education, but those who want to see more money for schools say it doesn’t begin to address years of underfunding.

Earlier this summer, Denver-based pollster Floyd Ciruli told Chalkbeat that statewide tax increases remain a tough sell in Colorado, but the prominence of education in the contentious Democratic primary for governor may have “primed” the electorate on this issue.

Some school districts are already talking about how they’ll spend the money. Denver Public Schools, which is currently engaged in negotiations with its teachers union, announced Thursday that it would put $36 million toward teacher pay if the tax increase passes, including raising starting pay and offering larger incentives to teachers who work in more challenging schools. The 2,300-student Sterling district on Colorado’s Eastern Plains also met recently with its teachers to discuss how to spend an estimated $3.7 million that district would get from the tax increase.

This isn’t just wishful thinking: It’s also part of marketing the tax increase to the public.

The tax measure calls for:

  • Raising the corporate income tax rate from 4.63 percent to 6 percent.
  • Raising the personal income tax rate from a flat 4.63 percent to between 5 percent and 8.25 percent for people earning more than $150,000. The highest tax rate would be paid by people earning $500,000 or more.
  • Setting the residential property assessment rate at 7 percent of market value for schools. That’s lower than it is now but higher than it is predicted to be in 2019 because current law has the unintended effect of gradually reducing the residential assessment rate.
  • Setting the non-residential property assessment rate at 24 percent of market value, less than the current 29 percent.

According to an initial fiscal analysis by the state, the average taxpayer earning more than $150,000 would pay an additional $519 a year, while those earning less would be unaffected. The average corporate taxpayer would pay an additional $11,085 a year. The change in property taxes would vary considerably around the state, but based on the average statewide school levy, many property owners would pay $28 more on each $100,000 of market value in 2019 than they otherwise would. Commercial property owners will see a decrease.

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US & World

Wyoming officials oppose SecDef Mattis on returning war-trophy to the Philippines

Wyoming officials contest the Department of Defense calling the return of The Bells of Balangiga of a “national security interest of the United States.”

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CHEYENNE, Wyo. (AP) — The United States should not return church bells seized as war trophies from the Philippines over a century ago, Wyoming’s congressional delegation said Monday.

It’s a position Wyoming officials have repeated often over the years amid reports the Bells of Balangiga were to be repatriated. This time, however, the U.S. Defense Department appears intent on following through.

Defense Secretary James Mattis wrote members of Congress over the weekend saying it was “in the national security interest of the United States” to return the bells.

Two of the Bells of Balangiga are at F.E. Warren Air Force Base in Cheyenne, Wyoming. The third is with the U.S. Army in South Korea.

U.S. Army soldiers took the bells following an attack on the island of Samar in which 48 American troops were killed in 1901.

“These bells are memorials to American war dead and should not be transferred to the Philippines,” the all-Republican delegation made up of U.S. Sens. Mike Enzi and John Barrasso, and U.S. Rep. Liz Cheney, said in a joint statement Monday.

Most U.S. veterans oppose returning the bells to the Philippines and the delegation opposes any effort by President Donald Trump’s administration to return the bells without veterans’ support, the statement said.

Groups including the American Legion and Republican Gov. Matt Mead opposed returning the bells when the idea came up in 2012, during President Barack Obama’s administration.

This time, the Defense Department consulted at length with veterans’ service organizations about possibly returning the bells, Mattis wrote.

Filipinos revere the bells as symbols of national pride and President Rodrigo Duterte has repeatedly called for their return. Fewer Filipino combatants died than the Americans in the Balangiga attack but perhaps five times more than the 4,200 Americans were killed over the course of the 1899-1902 Philippine-American War. The war also killed 100,000 or more civilians, according to some estimates.

U.S. Air Force officials didn’t respond to a message seeking comment Monday.

The two bells in Wyoming followed a U.S. Army infantry regiment based on Samar during the U.S. occupation. The 11th Infantry arrived in 1904 at Fort D.A. Russell, which in 1930 became Fort Francis E. Warren and in 1949 F.E. Warren Air Force Base.

The third bell followed the 9th Infantry to Camp Red Cloud in South Korea.

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.
Continue Reading

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.

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