LIVE COVERAGE: Lawmakers back after a late night

The 2010 General Assembly ends tonight, leaving lawmakers hours to consider such significant bills as taxc breaks for senior citizens and changes to teacher tenure.

The Gazette's Tom Roeder is in Denver today for live coverage of the Legislature's final hours.

Check gazette.com for regular updates.

10 a.m. The General Assembly is back in business after a late night. The state House worked until 11:30 p.m. to work through SB191, which would establish a program to evaluate teachers and principals based on how well their students perform. Teacher groups and Democrats including Colorado Springs Rep. Michael Merrifield have objected to the bill.

The measure gets a final vote in House and the Senate today. Word in the hallways is that the Senate will agree to the slew of House amendments attached to the bill, sending it to Gov. Bill Ritter's desk. 

11 a.m. After Tuesday's legislative maelstrom, the final day of the General Assembly seems downright civilized.

"It's mostly clean-up today," said Colorado Springs Republican Rep. Kent Lambert.

The biggest votes of the morning will come in the House, where lawmakers will get a final vote on whether to eliminate a $100 million property tax break for senior citizens. They'll also get to reprise last night's battle over teacher tenure on a final vote.

The Senate will consider restrictions on take-home cars for state workers and will get a final vote on a measure to shutter a state prison.

Senators this morning lauded retiring Colorado Springs Republican Sen. Dave Schultheis. Schultheis decided not to seek another term.

TUESDAY RECAP

9:15 a.m.The Senate and the House are cruising through legislation on what is set up to be the busiest day of the 2010 General Assembly session.

On tap today is a major debate in the House over SB191, which would establish a program to evaluate teachers and principals based on how well their students perform. Teacher groups have objected to the bill, because those who don't meet the new standard could lose their jobs.

The bill is favored by Republicans including Rep. Carole Murray who represents Teller County. While the measure has enough of the majority Democrats on board to pass, many in the majority caucus are suspicious of the plan.

Also, the House is expected to debate a continued suspension of a property tax break for senior citizens. That will have the GOP fuming.

9:30 a.m.The Senate was taking a break for committee meetings. There's a bottleneck in the Senate Appropriations Committee, which must deal with several bills before they can hit that chamber's floor.

When the Senate came back, they quickly approved SB207, which pays for energy efficiency improvements on state buildings.

9:55 a.m.Colorado Springs Republican Sen. Dave Schultheis banged the gavel in the Senate top applause from Democrats and Republicans.

Wednesday is Schultheis last day as a lawmaker. He's not seeking re-election in November. By allowing Schultheis to briefly preside over the Senate, the Democrats honored the most conservative man in the General Assembly.

While he was bombastic in his views and frequently a lightning rod on issues from abortion to immigration, senators said they always knew where the unwavering Schultheis stood.

10:10 a.m. The House freight train went off the tracks as what most considered to be fairly minor bill drew a 45-minute debate. SB204 would revoke the driving licenses of those convicted of careless driving resulting in death, a misdemeanor.

Colorado Springs Republican Rep. Mark Waller, a former prosecutor, argued that revoking the license of a person convicted under the statute is little more than retribution for what amounts to an accident. The careless driving statute is applied in crashes where drivers weren't drunk, reckless or speeding.

"It can't be about retribution," Waller said. "Our responsibility is public safety."

After the longest debate of the day so far, the bill passed the House.

"At this rate, you had better bring a pillow," said Colorado Springs Republican Rep. Larry Liston.

10:30 a.m.The House is debating a plan to borrow $8 million from a historic preservation fund to fix the golden dome of the state Capitol. Some lawmakers argue that pulling money from the historic preservation fund would hurt other projects and hamper development in mountain towns.

The measure, SB192, passed the House 48-17.

10:45 a.m. The Senate just signed off on HB1421, sponsored by Colorado Springs Republican Sen. Keith King, which mandates closure of one state prison. There's been a lot of wrangling around the bill and how many jobs it will cost the community that loses the prison.

The prison closure plan faces one more, mostly ceremonial, Senate vote and will need the House to sign off on Senate amendments. If it passes into law, the bill could save $10 million over three years.

11:15 a.m. By a single vote, the House dumped a bill to regulate medical marijuana into a conference committee, a move that could scuttle the carefully-crafted plan.

The House could have approved Senate amendments to HB1284, sending the measure to the governor's desk. Instead, the plan to license marijuana businesses will head to a committee, where it would need compromise and another vote in the House and Senate.

As it stands, the bill would set up state regulations of the marijuana business while allowing counties and cities to regulate or prohibit dispensaries.

Among those pushing for a conference committee on the bill was Colorado Springs Democratic Rep. Michael Merrifield.

"I have some concerns with the restrictions placed on what is now a constitutional right," Merrifield said.

Colorado Springs Republican Rep. Bob Gardner said the bill has detractors on both sides. Some conservatives think it goes too far to legalize an industry that is illegal under federal law.

"There are some people who would go to conference committee in hope that the bill does die."

11:45 a.m. Lawmakers on both sides got their digs in on former Colorado Springs Republican Rep. Douglas Bruce, author of the taxpayer bill of rights.

House Minority Leader Mike May said he would use Bruce as a penalty for lawmakers who sign off on late bills, increasing the flood of legislation the House is dealing with in the session's closing hours.

"I'm going to bring Doug Bruce back in here to kick you," May said to laughter. Bruce was censured by the House in 2008 for kicking a photographer on the chamber's floor. He lost a primary election to retain his seat.

House Speaker Terrance Carroll piled on to the Bruce humor.

"If any of you are kicked by Doug Bruce, that is outside the jurisdiction of the Hurt Feelings Select Committee," Carroll joked.

12:15 p.m. The House and Senate are taking a lunch break. For some, it could be an arm-twisting break as lawmakers battle over last-minute legislation.

The teacher evaluation bill is due up in the House this afternoon.

1:30 p.m. The Senate is back from lunch to kick off what could be a dramatic afternoon. The House is likely to reconsider the vote on medical marijuana. But if that loses, there could be a standoff on medical marijuana regulations between the two chambers, with the House and Senate holding their ground while the bill dies.

"We can adhere or recede," explained Colorado Springs Democratic Sen. John Morse, the chamber's majority leader.

Morse said he expects a fight this afternoon over redistricting rules. Every decade, the state uses federal Census numbers to redraw the boundaries of political districts. There's a lot at stake for politicians, who want use those boundary changes to benefit their political party.

On its face, the redistricting bill, HB1408, seems benign. But both sides are screaming about it. The Democrats say it restores the law to where it was before Republicans tinkered with it in 2002 to benefit the GOP. Republicans claim the small changes would tilt the electoral scales for Democrats.

Click on the bill number to see the measure.

In the House arguments are expected on SB191, which would establish a program to evaluate teachers and principals based on how well their students perform. Teacher groups have objected to the bill, because those who don't meet the new standard could lose their jobs.

1:45 p.m. Best predictions: The House and Senate are expected to wrap up work by early evening.

Morse is ready for the night shift. He's downed half a dozen high-octane Mountain Dew sodas.

2 p.m. The House is gearing up for a long night. Monument Republican Rep. Amy Stephens said the session could run to the wee hours.

"I've ordered dinner for the caucus," she said.

2:15 p.m. Colorado Springs Democratic Rep. Mike Merrifield is leading the charge in the House to kill SB191, which will be considered later today.

Merrifield, a retired Coronado High School teacher, said the measure turns teachers into scapegoats by evaluating them based on student performance.

"There is not anything in it for teachers," Merrifield said. "It's all punitive."

2:45 p.m. Colorado Springs Republican Rep. Mark Waller's HB1352 is on its way to Gov. Bill Ritter. The measure cuts sentences for drug-possession crimes and uses the money saved by housing fewer prisoners to pay for drug treatment programs.

The bill passed 58-5 in the House and it is expected that Ritter will sign it into law.

3:30 p.m. A measure that would establish a state information office on Homeowners Associations passed the House 36-28 on its way to Gov. Bill Ritter’s desk.

The bill in its final form is less ambitious than the original. Rather than establishing an rule-making body, it sets up an information clearing house on the neighborhood groups that can also mediate disputes.

“The scope of work has been reduced and the amount of the fee that can be charged to HOAs has been reduced,” said Aurora’s Democratic Rep. Sue Ryden who sponsored the bill, HB1278.

The Republicans tried to kill the bill.

“This is a terrible bill,” said Monument Republican Rep. Amy Stephens.

Check gazette.com for updated stories out of the General Assembly. Tom Roeder will be in Denver again Wednesday for the session's last day.

4 p.m. The House gave initial approval to suspending about $75 million in property tax breaks for senior citizens. The measure was amended to soften the blow, cut from $100 million in additional taxes for seniors to $75 million.

It will face a final House vote Wednesday then its back to the Senate for a final vote there.

5 p.m. Medical marijuana regulations roared back to life in the state House. Check out the story on gazette.com

5:30 p.m. The House and Senate are settling in for a long night. The House is mulling education measures including SB191 on teacher evaluations.

Lawmakers say that debate could last until midnight. If the debate continues into early Wednesday morning, the measure could die.

CHECK BACK ON www.gazette.com WEDNESDAY FOR LIVE COVERAGE AS LAWMAKERS CLOSE OUT THE 2010 SESSION.