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COLORADO'S FRONTPAGE

Face the State

Carroll outlines 2009 agenda at tort reform breakfast

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November 18, 2008

A Face The State Staff Report

Rep. Terrance Carroll, D-Denver, slated to serve as the next Speaker of the House starting in January, addressed a breakfast meeting this morning, where he focused on providing a permanent transportation fix, but offered few specifics on his agenda relating to tort reform issues.


CarrollFTS Staff Photo

The Colorado Civil Justice League, a statewide coalition of business leaders devoted to fighting frivolous litigation, hosted the event, which was held at the Colorado Automobile Dealers Association. The group’s members were especially interested in hearing what Carroll has in store for civil justice reform.

Carroll's response: not much. “As I said four years ago when I spoke to the Colorado Civil Justice board, I don’t expect to have a massive change in our tort environment,” he said. “I said to the board that I was willing to keep an open door and work with them on issues that are important to them. I think I kept that promise and we didn’t have a massive change.”

Earlier this year, however, the General Assembly considered a bill that would have raised the cap for non-economic damages, like pain and suffering, in medical malpractice suits. Critics called the measure, which was ultimately voted down in the Senate, a payback to trial lawyers.

But Carroll did not allude to any similar legislation being introduced next session. “I don’t anticipate any bills that will constitute a major change in our tort system or civil justice system,” he said while also cautioning that this could change should individual legislators seek to present such legislation.

Carroll was also questioned about what happened to all of the money from Referendum C, the largest tax increase in Colorado’s history. When the measure was passed in 2006, proponents estimated it would allow the state to keep $3.7 billion in tax revenues over five years that would normally have been refunded under the Taxpayer's Bill of Rights. According to the state's most recent fiscal projections, however, the state has kept more than $5 billion that would have otherwise been returned to taxpayers. Despite the increase in revenue to the state, Carroll said Referendum C was never intended to be a huge revenue generator and doesn’t consider the $5.3 billion to be “vastly more” than the original projections. Carroll also called Gov. Bill Ritter’s budget “lean” despite that fact that it has grown nearly 5 percent since last year.

Despite the growth in state spending, business leaders and Republicans have widely criticized Ritter for leaving transportation out to dry. Ritter's Blue Ribbon Transportation Commission has cited the need for an additional $1.5 billion to fund roads and infrastructure. Carroll acknowledged the need to make transportation a major focus of the 2009 legislative session and echoed the commission’s assertion that more revenue is needed.

“We’re going to take a long hard look at fees,” he said, but added that is a “politically dicey conversation.”

Carroll said the hopes the solution for transportation can be bi-partisan. He has already begun working with House Minority Leader Mike May, R-Parker, on finding a common ground. “We need a revenue source that is dedicated and makes sense before we are going to get close to funding our transportation and infrastructure needs,” Carroll added.