Jack Tate (politician)

Jack Tate is a businessman and former Republican legislator in the U.S. State of Colorado. He served both in the state house and state senate. He represented Senate District 27 in the Denver Metro Area,[1] which encompasses parts of unincorporated Arapahoe County, the City of Centennial, and the town of Foxfield. While in the Colorado Senate, he served as Chair of the Senate Committee on Business, Labor, and Technology. He was also a member of the Senate Finance Committee and the Joint Technology Committee, the Pension Reform Commission, the Statutory Revision Committee, the Opioid and Other Substance Use Disorders Interim Study Committee, and the Alternatives to the Gallagher Amendment Interim Study Committee.[1]  

Jack Tate
Member of the Colorado Senate
from the 27th district
In office
January 5, 2016 – January 13, 2021
Preceded byDavid Balmer
Succeeded byChris Kolker
Member of the Colorado House of Representatives
from the 37th district
In office
January 2015 – January 2016
Preceded bySpencer Swalm
Succeeded byCole Wist
Personal details
BornNashville, Tennessee
Political partyRepublican
ProfessionBusinessman
Websitejacktate.org

Colorado House of Representatives

Tate was a Republican member of the Colorado House of Representatives, representing District 37 from 2014 until his appointment to the state Senate in 2016.[2][3]

2014 primary and election

Tate defeated fellow Republican Michael Fields in a primary election that took place on June 24, with 65.7% of the vote.[4]

In the general election for the Colorado House of Representatives on November 4, 2014, he handily defeated Democrat Nancy Cronk with 58% of the vote to win District 37, garnering nearly 6,000 more votes than his opponent.[4]

2015 Legislative Session

For the 2015 legislative session, Tate was a member of the House State, Veterans, and Military Affairs Committee, the House Business Affairs and Labor Committee, and the General Assembly Joint Technology Committee. Tate was the prime sponsor of 12 Bills, of which 5 became law and one was vetoed.

  • HB15-1197 modified limitations on liability obligations in public construction contracts. The new law provided that public entities may not ask design professionals to defend them in lawsuits, unless the design professionals are found negligent.

Tate was honored as Legislator of the Year 2015 by the American Council of Engineering Companies.

Colorado State Senate

2015 Appointment

In October 2015, Senator David Balmer of Colorado Senate District 27, announced plans to resign in order to care for a sick family member, and to accept a position as political director of state campaigns for the Humane Society Legislative Fund. On Saturday, December 12, 2015, Republican leaders in District 27 voted Tate as Balmer's replacement.[2]

2016 Legislative Session

For the 2016 Legislative session, Senator Tate was appointed to the Business, Labor, & Technology Committee, the Local Government Committee, and the Joint Technology Committee.

Senator Tate introduced 34 bills during the 2016 session and 25 of the bills became law, including:[5]

  • HB 16-1321 provided the ability for certain eligible persons to buy into the Medicaid insurance program.   Tate’s companion bill SB-170, which allowed Medicaid eligible persons to opt out in certain circumstances in order to buy on the health care exchange, failed.
  • HB 16-1288 created the industry infrastructure grant program in the Work Force Development Council and a fund to pay for it. The Council now partners with eligible nonprofit entities that support businesses in their implementation of work site training programs.
  • HB 16-1426 clarified what constitutes misrepresentation of an animal as a service animal and creates a criminal offense for intentional misrepresentation of being entitled to one.  A patient must acquire a written finding from a medical professional regarding whether he or she has a disability and whether the need for the animal is related to that disability.
  • HB16-1198 allowed certain accredited computer science classes to fulfill a graduation requirement in a mathematics or science subject area, as a way to get students interested in information technology as a career path.
  • HB 16-1160 modified the regulation of surgical assistants and technicians to allow for employers to identify drug seeking behavior in a potential employee’s past before a hire which implicitly provides access to narcotics.
  • HB 16-1085, nicknamed the “reclaim the name,” greatly simplified the process for returning to a prior name at a time later than when a divorce or legal separation decree has been entered at the court.
  • SB 16-121 removed the limit on the percentage of tuition revenue that a higher education institution pledge toward debt service and bonding, dramatically lowering borrowing costs.   This bill was estimated to have saved the University of Colorado millions of dollars.

2017 Legislative Session

For the 2017 Legislative session, Senator Tate was the Chair of the Business, Labor & Technology Committee. He also became a member of the Finance and Statutory Revision Committees. Senator Tate introduced 44 bills during the 2017 session and 33 of the bills became law, including:[5]

  • SB 17-127 expanded the exemption from requirements that apply to a mortgage loan originator to include up to three loans per year without compensation between family members.  An example of loosening regulations to provide economic flexibility to Coloradans.
  • SB 17-134 excluded certain areas of an alcohol beverage licensee's operation in the application of penalties for certain violations.  This bill provided regulatory fairness to companies that have made significant capital investments in manufacturing operations.
  • SB 17-252 gave boards of any political subdivision an authority to enter into contracts for utility cost savings.   This bill improved local government capital investment decision making.
  • SB 17-280 ratified the continued existence and legal authority of the Colorado Economic Development Commission, which administers state economic development initiatives.
  • SB 17-298 modified franchise laws governing the relationship between auto manufacturers and auto dealers.   The bill disallowed certain unfair contract terms and provisions that negatively affect Colorado businesses.
  • HB 17-1011 provided a limitation on when certain disciplinary actions may be commenced against a mental health professional.  Bill provided long term regulatory and litigation relief to small business professionals.
  • HB 17-1082 clarified that financial assistance under the 'Building Excellent Schools Today Act' includes technology grants.  Another bill to improve local government capital investment decision making.
  • HB 17-1092 clarified legal obligations involving license royalties with proprietors of retail establishments that publicly perform music.  The policy protects small businesses like restaurants and taverns from frivolous lawsuits over alleged copyrights issues when these businesses subscribe to a commercial service.
  • HB 17-1115 established that direct primary health care agreements operate without regulation by the division of insurance.  This was important enabling legislation for an alternative business model for healthcare delivery in which administrative costs are typically 60% less.
  • HB 17-1193 related to the installation of small wireless service infrastructure (5G) within a local government's jurisdiction, and clarified that an expedited permitting process applies to small cell facilities and small cell networks and that the rights-of-way access afforded telecommunications providers extends to broadband providers and to small cell facilities and small cell networks.
  • HB 17-1200 modified the laws regulating public benefit corporations so as to provide marketing flexibility for businesses seeking such a designation.
  • HB 17-1214 provided a program in the Office of Economic Development to facilitate employee ownership (via ESOPs) and access to capital in the ownership transition of an existing small businesses.  
  • HB 17-1279, lauded as a "grand bargain," dealt with construction defects litigation, primarily with condos and condo homeowner associations. It required HOA boards to obtain permission from a majority of homeowners before launching a construction defects lawsuit and set deadlines for HOA boards to convene meetings and provide notifications.  Bill was a step towards reform aimed at reducing the frequency of frivolous construction defect claims so as to re-start condo construction in Colorado.
  • HB 17-1356 permitted businesses that make significant capital investments in the state to transfer or carryforward certain economic development tax credits, making them more useful in attracting, retaining, or growing businesses in Colorado.  
  • HB 17-1119 established the ability of the State to act with discretion when enforcing compliance with workers compensation laws.  Would prevent small businesses from being irreparably damaged by mandatory fines.  Bill also created a new State fund that partially compensates injured workers employed by a company without the required workers comp insurance.

Legislative harassment allegation

Between November 2017 and April 2018, six Colorado state legislators were accused of sexual harassment covering a range of allegations and circumstances.[6] In November 2017, Sen. Tate was accused by a former House intern of making comments about her clothing and touching her on her shoulder during the 2017 session. On March 29, after consulting independent counsel, Senate President Kevin Grantham (R) wrote in a letter that Tate did not violate any sexual harassment policies and closed the investigation.[7][8]

Grantham issued a statement when the story was originally published, saying, "We take every allegation of harassment or misconduct seriously. We ask those who feel they have been victims of harassment or inappropriate behavior at the General Assembly to file an official complaint, in confidence that their anonymity and rights will be protected. Going forward, Senate Republican leaders cannot and will not be responding to unsubstantiated or anonymous allegations against members appearing in the press, which the existing complaint process is designed to handle. This process exists to protect confidentiality, respect the rights of both accuser and accused, rigorously review the facts, give a fair hearing to all sides, and impose penalties proportionate to any confirmed offense."[9]

2018 Legislative Session

For the 2018 Legislative session, Senator Tate introduced 40 bills during the 2018 session and 33 of the bills became law, including:[5]

  • SB18-007 implemented the Colorado Affordable Housing Tax Credit program and an extended period during which the Colorado Housing and Finance Authority may allocate these tax credits. This is a program which is modeled after and compliments a similar federal program.
  • SB18-022 ensured appropriate opioid prescribing by restricting the number of opioid pills that a health care provider may prescribe at an initial prescription under certain circumstances.  Limiting the latent supply of excess opioids reduces the opioid addictions and overdoses that have become a serious problem in the community.
  • SB18-187 loosened and updated regulations for the transfer of marijuana fibrous waste for the purpose of producing industrial fiber products as a source of economic development and efficiency.
  • SB18-200 created a $30 Billion plan to assure the ongoing liquidity and future solvency for the State’s public pension system, known as the public employees' retirement association, by eliminating the unfunded liability of the plan within the next thirty years.
  • SB18-210 simplified the regulations of real estate appraisal management companies by aligning them with federal law and regulations.
  • SB18-219 updated franchise laws for Colorado businesses by creating rules around the rates an auto dealer charges a manufacturer for work performed by the dealer in accordance with the manufacturers’ warranty obligations.
  • HB18-1004 continued the income tax credit to promote childcare in the state. This tax credit is an incentive for childcare options for children across Colorado, and in particular kids in families facing the most economic barriers.
  • HB18-1032 Concerning access to medical records from the department of public health and environment's EMS agency patient care database by health information organization networks.
  • HB18-1083 created a sales and use tax exemption for aircraft assets to be used by on-demand air carriers as an economic development initiative that competes with neighboring states.
  • HB18-1135 extended the advanced industries export acceleration program as a measure for strategic economic development.
  • HB18-1190 extended the "Colorado Job Creation and Main Street Revitalization Act"and created enhancements for rural and economically struggling parts of the state.
  • HB18-1195 established an income tax credit to promote contributions to nonprofit organizations engaged in the development of affordable housing for home ownership.
  • HB18-1267 established an income tax credit to help people with an illness, impairment or disability retrofit their residence for greater accessibility and independence.
  • HB18-1270 required the public utilities commission to establish mechanisms for investor-owned electric utilities to procure energy storage systems if certain criteria are satisfied as an opportunity for economic development.
  • HB18-1271 authorized economic development rates to be charged by electric utilities to qualifying nonresidential customers to attract business investment and expansion.
  • HB18-1433 simplified the regulations of naturopathic doctors with the addition of consumer disclosures.

2019 Legislative Session

Senator Tate introduced 31 bills during the 2019 session and 22 of the bills became law, including:[5]

  • SB19-011 Streamlined alcoholic beverage licensing to enhance manufacturing and distribution cost efficiency during a period of regulatory transition.   This was the first bill signed into law by newly elected Governor Polis.
  • SB19-023 enacted the "Colorado Digital Token Act.”  This law removed regulatory uncertainty surrounding cryptocurrencies and similar digital assets created for consumptive purpose, thus clearing the way for Colorado entrepreneurs to build new technologies applications that use digital tokens. These tokens transfer value on a cryptographically secure blockchains and will not be labeled as securities or otherwise subject to laws designed for fundamentally different
  • SB19-024 Concerning the payment of taxes by electronic funds transfers in order to synchronize the laws with modern banking practices.
  • SB19-046 Concerning an amendment to the definition of "appraisal management company" to align with the definition in federal law.
  • SB19-061 allowed self-contained breathing apparatus to be recertified for use after the end of the apparatus’ original estimated service life, assuming it passes specialized safety testing.  This ability helps the budgeting needs of local fire districts in Colorado. The director of the Colorado Department of Public Health and Environment would oversee inspections and rulemaking to determine inspection standards.
  • SB19-103, colloquially called “The Lemonade Stand Bill,” affirmed a minor’s ability to operate a business on a limited basis without obtaining the approval of a local government. The law sends a message about Colorado’s intent to maintain its reputation as an entrepreneur-friendly state.
  • SB19-134 was a bill to protect Colorado patients from surprise out-of-network medical bills, typically arising from situations when they didn’t know they were being sent out of network or perhaps otherwise were not given a choice.  This bill was postponed in favor of similar legislation introduced in the House.
  • SB19-170, colloquially called “Ban the Box for Higher Ed,” helps people with criminal records turn their lives around by prohibiting state higher education institutions from seeking criminal history during the initial application process. Studies indicated that the original screening disincentivized those seeking second chances.
  • SB19-201 established a voluntary framework for health care providers and facilities to offer compassionate and candid responses to patients who experience an adverse health care incident through a formal, non-adversarial process where there can be open communication about what happened. Known as the “Colorado Candor Act.”
  • SB19-248 Requires that the director of research of the legislative council convene a working group to conduct an analysis of the state tax system used by the department of revenue.
  • SB19-255 concerned property taxes and lowered the assessment rate for residential real property.
  • HB19-1077 allowed pharmacists to dispense life-maintaining medications without a prescription in an emergency if their care provider cannot be reached to issue a prescription renewal. This can save lives with better timely access to critical medication.
  • HB19-1109 streamlined regulations to enable a licensed convalescent center to operate a pharmacy for the benefit of patients being treated in the center, proving better care at lower cost.
  • HB19-1163 sought to reduce the regulatory burden on small businesses from administrative rules adopted by state agencies in order to facilitate business growth.   This bill was lost in the House.
  • HB19-1228 increased the annual amount available under the Colorado Affordable Housing Tax Credit established in 2018 by Tate’s SB18-007.
  • HB19-1240 concerned sales and use tax administration as Colorado moved from origin-based to destination-based sourcing rules. It establishes economic nexus for retailers without physical presence in the state, codifies the destination sourcing rule with a specified exception, requires marketplace facilitators to collect and remit sales tax for sales made by marketplace sellers on the marketplace facilitator's marketplace, and repeals obsolete statutory references to remote sellers.
  • HB19-1291 was a corporate governance bill, involving the supervision of insurers and new disclosure requirements for insurers. Based on model law of the National Association of Insurance Commissioners.

2020 Legislative Session

Senator Tate introduced 40 bills during the 2020 session and 27 of the bills became law. Several pieces of legislation were lost due the shortened session duration caused by the COVID-19 pandemic, including:[5]

  • SB20-021 adds a requirement that all new tax expenditures authorized by the legislature contain a statutory statement of purpose for the tax preference and a sunset date.
  • SB20-033 allowed working adults with disabilities to continue buy-in to Medicaid benefits under a special program after the age 65 without having to give up their income and become impoverished.
  • SB20-100 repealed the death penalty in Colorado for all offenses charged on or after July 1, 2020.
  • SB20-151 was a comprehensive reform of the regional transportation district, a $1 Billion enterprise.  The bill sought financial transparency and accountability measures, while affirming that the transit dependent community should have priority in the provision of services. A complex initiative, the bill was lost due the COVID recess and resulting shortened session.
  • SB20-185 created the Imagination Library of Colorado program. The bill allows for the state to contract with a Colorado-based nonprofit organization, ostensibly one affiliated with Dolly Parton’s Imagination Library.  The organization provides books in the mail for free to children under the age of 5.
  • SB20-212 maintained going forward patients’ ability to receive care via telehealth that was granted during the 2020 COVID-19 public health emergency. The bill positioned Colorado as a national leader in requiring that health insurance carriers, including Medicaid, cover telehealth visits for behavioral, mental and physical health care, should the interaction be medically appropriate. Further, the bill let clients establish care with a provider through telehealth, and prevents health insurance carriers from setting specific limits on the technology needed for telehealth, as long as it is HIPAA-compliant.
  • SB20-221 proscribed the use of a panic defense strategy unless a party can show its relevance to the court.   This controversial legal strategy claimed that discovering a victim’s sexuality or gender identity causes the defendant to suffer from a state of temporary insanity, leading to violence and murder.
  • SCR20-001/SB20-223 ends the ratio of valuation for assessment between classes of property used for property taxation and is contingent voter approval.  
  • HB20-1022 extended the Sales and Use Tax Simplification Tax Force which looks at Colorado’s byzantine sales-tax system that has businesses that ship products having to pay taxes to about 750 different taxing districts across the state with the overlap of cities, counties and special districts, an administrative nightmare.  A companion bill created a necessary database.
  • HB20-1039 created a transparent state web portal that allows the public to search easily for information relating to state agency rules at no cost.
  • HB20-1136 modified and updated the regulations around the investments made by domestic insurance companies.
  • HB20-1206 was the “Mental Health Practices Act,” continued the regulation of mental health professionals with several improvements and the creation of a working group to further recommend public policy changes.
  • HB20-1214 continued statutes governing home warranty service contracts.
  • HB20-1236 created a program that will use our tax filing system to help uninsured tax filers and any uninsured household members get connected to the health care system, available health care options and receive assistance in applying for health insurance.

Biography

Tate was born and raised in Nashville, Tennessee. He attended Duke University and graduated with a Bachelor of Science Degree in Engineering. He continued his education at Vanderbilt University, the University of Missouri, and the University of Colorado, Denver, attaining a Masters of Science in Finance, and an MBA in Marketing. He has spent his 25-year technical and business career developing, evaluating, and managing projects related to capital investment.[10]

References
  1. "Colorado General Assembly". Retrieved February 13, 2015.
  2. "Jack Tate picked for Colorado Senate". The Spot. Retrieved 2016-04-07.
  3. Bunch, Joey (2019-11-29). "Colorado state Sen. Jack Tate won't seek another term". Colorado Politics. Retrieved 2021-01-14.
  4. "Jack Tate - Ballotpedia". ballotpedia.org. Retrieved 2016-04-07.
  5. Colorado General Assembly. Retrieved October 26, 2020
  6. State Senator Kagan formally accused of harassment Lawmaker alleged to have been in womens restroom multiple times at Capitol, Colorado Community Media, Ellis Arnold, April 20, 2018. Retrieved July 21, 2018.
  8. https://www.denverpost.com/2018/03/29/jack-tate-sexual-harassment-letter/
  9. Colorado Senators Baumgardner And Tate Named In Allegations Of Sexual Harassment, KUNC, Bente Birkeland, November 17, 2017. Retrieved March 8, 2018.
  10. (http://uselabs.com), Uselabs. "Jack Tate".
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