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Floor SessionHouse

Colorado House 2026 Legislative Day 098

April 21, 2026 · 37,328 words · 26 speakers · 619 segments

Representative Soperassemblymember

The House will come to order. Today, the Pledge of Allegiance will be led by our own Speaker Pro Tem Basinecker.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Good morning. Please join me in the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Representative Soperassemblymember

Mr. Schiebel, please call the roll.

Representative Brownassemblymember

Representatives Bacon, Barone, Basinecker, Bottoms, Bradfield, Bradley, Brooks, Brown.

Representative Lindsayassemblymember

Representative Brown, excused.

Representative Brownassemblymember

Caldwell. Camacho. Carter. Representative Carter.

Representative Lindsayassemblymember

Excuse.

Representative Brownassemblymember

Clifford. DeGraff. Duran. English.

Representative Lindsayassemblymember

Representative English is excused.

Representative Brownassemblymember

Espinosa. Ferre. Flannell. Froelich. Garcia. Representative Garcia.

Representative Lindsayassemblymember

He's excused.

Representative Brownassemblymember

Garcia-Sander. Gilchrist. Goldstein. Gonzalez. Hamrick. Hartsook. Jackson. Johnson. Joseph.

Representative Lindsayassemblymember

Joseph is here.

Representative Brownassemblymember

Kelty. Leader. Representative Leader.

Representative Lindsayassemblymember

It's excused.

Representative Brownassemblymember

Lindsay.

Representative Lindsayassemblymember

Here.

Representative Brownassemblymember

Luck. Representative Luck.

Representative Lindsayassemblymember

It's excused.

Representative Brownassemblymember

Lukens. Mabry. Marshall. Martinez. Morrow. McCormick. Wynn. Pascal. Phillips.

Representative Lindsayassemblymember

It's here.

Representative Brownassemblymember

Richardson. Ricks.

Representative Lindsayassemblymember

Rep. Ricks is excused.

Representative Brownassemblymember

Routenel.

Representative Lindsayassemblymember

Representative Routenel is excused.

Representative Brownassemblymember

Ryden. Sirota. Slaw. Smith. Representative Smith. Soper. Stuart K. Stuart R. Story. Representative Story.

Representative Lindsayassemblymember

Excuse.

Representative Brownassemblymember

Sucla. Taggart. Titone.

Representative Lindsayassemblymember

Rep Valdez is excused.

Representative Brownassemblymember

Velasco Weinberg Wilford Winter Woodrow Representative Woodrow

Representative Lindsayassemblymember

Excuse, Woog, Zokai, Rep. Zokai, Excuse, and Madam Speaker.

Here.

Representative Brownassemblymember

With 58 present, 7 excused, we do have a quorum.

Representative Soperassemblymember

Representative Brown. Representative Brown. Representative Sirota. Thank you for pinch hitting.

Representative Emily Sirotaassemblymember

Thank you, Madam Speaker. I move that the journal of Monday, April 20th, 2026 be approved as corrected by the chief clerk.

Representative Soperassemblymember

Members, you have heard the motion that the journal be approved as corrected by the chief clerk. All those in favor say aye. All those opposed, no. The ayes have it. The motion is adopted. Announcements and introductions. Representative Mabry.

Representative Javier Mabreyassemblymember

Thank you, Madam Speaker. The Judiciary Committee will meet at 1.30 in room 107. We're going to hear two bills, House Bill 132 and House Bill 1250. 1.30, room 107. Thank you.

Representative Soperassemblymember

Representative Gonzalez.

Representative Javier Mabreyassemblymember

Thank you, Madam Speaker. Good morning.

Representative Gonzalezassemblymember

Good morning.

Representative Javier Mabreyassemblymember

Members, we are joined today by a very special guest today. They come from all over Colorado. Please help me welcome some people from the Leadership Program of the Rockies, the Army for Freedom. They are here on a shadow day. LPR Army for Freedom, will you please stand to be recognized?

Representative Gonzalezassemblymember

Members, welcome.

Representative Soperassemblymember

Thank you, Representative Gonzalez. Representative Froelich.

Representative Meg Froelichassemblymember

Thank you very much, Madam Speaker. The Transportation, Housing, and Local Government Committee is not meeting this week.

Representative Gonzalezassemblymember

Woop, woop.

Representative Soperassemblymember

Madam Majority Leader.

Thank you, Madam Speaker. Members, this is a reminder. Members, your attention please. Thank you. Thank you, Madam Speaker. Members, this is a reminder that we are in open enrollment now through May 11th. If you have any questions regarding benefits or open enrollment, please feel free to reach out to Shannon Briggs in accounting. Thank you.

Representative Soperassemblymember

Thank you. Representative Smith.

Smithother

Thank you, Madam Speaker. Colleagues, listen up. Today is Boulder Boulder Day And right now, sitting in the back We have CU President Todd Solomon And former Regent Steve Bosley The original founder of the Boulder Boulder Let's give him a hand The Boulder Boulder and the University of Colorado Are proud to continue their long-standing partnership in hosting one of Colorado's most iconic traditions, a race and celebration unlike any other. Along with the letter on your desk, we present you the 2026 Boulder Boulder Race T-shirts. So if you go over there, you're going to be able to get your race T-shirts. I've got about six or seven of them myself. This race happens on Memorial Day and it the 46th running on May 25th 2026 And if you haven been there to race to walk or to be there in the stadium to watch each of the armed services parachuting in and seeing the elite runners run into the stadium, it's really something.

Representative Soperassemblymember

Members, can I have your attention, please? Please proceed, Representative Smith.

Smithother

Thank you, Madam Speaker. Founded in 1979, the Boulder Boulder has grown into one of the most acclaimed road races in the world and has been named America's all-time best 10K by Runner's World magazine. More than just the race, the Boulder Boulder is part run, part community celebration, and part patriotic tribute, culminating in one of the largest Memorial Day tributes in the country inside CU Boulder's Folsom Field. The ceremony honors the brave men and women who made the ultimate sacrifice and service to our nation. We encourage everyone to participate in this unique Colorado tradition and experience firsthand. By the Boulder Boulder continues to be recognized as the best 10K race in America. Get your t-shirts. Thank you.

Representative Soperassemblymember

Representative Gilchrist.

Chair Sochair

Thank you, Madam Speaker. The Health and Human Services Committee will not meet today, but we will meet tomorrow to hear Senate Bill 006 and Senate Bill 140. We will not be hearing Senate Bill 66. That will be moved to next week. See you there.

Representative Soperassemblymember

Excellent. Madam Majority Leader.

Members, we are moving to business. I invite you to take your seats. Thank you, Madam Speaker. I move to proceed out of order for consideration of resolutions.

Representative Soperassemblymember

Seeing no objection, we will proceed out of order for consideration of resolutions. Madam Majority Leader.

Madam Speaker, I move for the immediate consideration of Senate Joint Resolution 20.

Representative Soperassemblymember

Seeing no objection, we will proceed out of order for immediate consideration of Senate Joint Resolution 20. Mr. Schiebel, please read the title to Senate Joint Resolution 20.

Representative Brownassemblymember

Senate Joint Resolution 20 by Senator Pelt and R, also Representatives Johnson and Garcia, concerning the recognition of April 9, 2026 as Home Education Day in Colorado.

Representative Soperassemblymember

Representative Garcia Sander.

Representative Garcia Sanderassemblymember

Thank you, Madam Speaker. I move Senate Joint Resolution 26020. And would you like for the be it resolved clause to be read? And yes, I would like for the be it resolved clause to be read. Thank you.

Representative Soperassemblymember

Mr. Schiebel.

Representative Brownassemblymember

Be it resolved by the Senate of the 75th General Assembly of the State of Colorado, the House of Representatives, concurring herein, that we, the members of the Colorado General Assembly, honor, thank, and celebrate home educators and their home-educated children of this state and recognize April 9th, 2026, as Home Education Day in Colorado.

Representative Soperassemblymember

Representative Garcia-Sander.

Representative Garcia Sanderassemblymember

Thank you, Madam Speaker. Colleagues, I rise today to introduce Senate Joint Resolution 2620 and ask for your support in recognizing April 9, 2026 as Home Education Day in the state of Colorado. From the earliest days of our republic, parents have stood as their children's first and most important teachers. In colonial cabins and prairie homesteads, in mountain towns and front-range neighborhoods, Colorado families have carried forward a proud tradition of home education, one rooted in love, responsibility, and the unshakable belief that no one knows a child's needs, gifts, and dreams better than the parents who raised them. That tradition is not a relic of the past. It's a living, thriving force in our state today. Across Colorado, thousands of dedicated parents are teaching their children at kitchen tables and backyard desks They are customizing lessons to match each child pace and passion They are nurturing strong character deep family bonds and academic excellence that often exceeds national averages These parents are not simply educators They are the foundation of our children's success. They teach not only reading, writing, and arithmetic, but also resilience, curiosity, and civic virtue. The very qualities our state and nation need to thrive. As we look to the future, home education will remain vital. It offers flexibility in a rapidly changing world, honors parental rights, and empowers families to prepare the next generation of innovators, leaders, and problem solvers right here in Colorado. By adopting SJR 2620, we simply say thank you. We honor the history that built us, the present commitment that strengthens us, and the bright future that home-educating families are creating for all of us. I urge your yes vote on SJR 2620. Let us celebrate Home Education Day and affirm that parents are and will always remain their children's first teachers. Thank you.

Representative Soperassemblymember

Representative Johnson.

Johnsonother

Thank you, Madam Speaker. And my colleagues said it best, but let us recognize all of the home-educated families, the parents and the students that choose that route as it fits best for them. And let's make sure that we are, you know, promoting their options in all of our districts. I know I have a lot of homeschooling families in House District 63. I know there's a ton of them across the state, and this is the avenue that they seek for their families. and it's working well for them, so I urge a yes vote as we look at the family's options and the school choice for children.

Representative Soperassemblymember

Seeing no further discussion, the motion before us is the adoption of Senate Joint Resolution 20. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Representative Sirota is excused. Please close the machine. With 60 aye, 2 no, and 3 excused, Senate Joint Resolution 20 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read our reports of committees of reference.

Representative Brownassemblymember

Committee on Appropriations. After consideration on the merits, the committee recommends the following. House Bills 1052 is amended, 1132, 1143 is amended, 1226 is amended, 1343 is amended, and 1344 be referred to the committee of the whole with favorable recommendation.

Representative Soperassemblymember

Members, I have an announcement. Representatives Brown, Sirota, and Taggart are excused at such time as necessary for the Joint Budget Committee. Madam Majority Leader.

Madam Speaker, I move the following bills be made special orders on April 21, 2026 at 9.20 a.m. House Bill 1028, House Bill 1143, House Bill 1283, House Bill 1226, House Bill 1343, House Bill 1342, House Bill 1344, and House Bill 1052.

Representative Soperassemblymember

Seeing no objection, the bills listed by the majority leader will be made Special orders today, April 21st at 9.20 a.m. Representative Camacho. Members, seeing no objection, you have heard the motion. Representative Camacho will take the chair. Thank you. Thank you.

Chair Sochair

The committee will come to order With your unanimous consent the bills will be read by title unless there a request for reading a bill at length Committee reports are printed and in your bill folders Floor amendments will be shown on the screen on I-Legislate and in today's folder on your box account. Bills will be laid over upon the motion of the majority leader. The coat rule is relaxed. Colleagues, before we start, if we could just lower the volume so we can start with a real fresh start here. So much appreciated. With that, Mr. Schiebel, please read the title to House Bill 1028.

Representative Brownassemblymember

House Bill 1028 by Representatives Garcia and Velasco, also Senator Cutter, concerning second language diploma endorsements for graduating high school students.

Representative Garcia. Thank you, Mr. Chair. I move House Bill 1028 and the Education Appropriations Committee reports.

Chair Sochair

That's proper motion. Proceed to the committee report.

Thank you, Mr. Chair. The Appropriations Committee report struck the Education Committee report and also struck any references to the Department of Education and developing standards for the bilingualism seal. These standards already exist in the bill and lays out high standard level of developing the seal of bilingualism, and we ask for an aye vote.

Chair Sochair

Is there any further discussion on the Education Report? Seeing none, the question before us is the passage of the Education Report, but we're not doing that just yet. Appropriations Report. Is there any further discussion on the Appropriations Report? Seeing none, the question before us is the passage of the Appropriations Report, and I appreciate everyone being quiet for that. So all those in favor, say aye. Aye. All those opposed, say no. No. The Appropriations Report passes. To the bill, Representative Garcia.

Garciaother

Buenos dias. Buenos dias. Todes. one of the most fascinating aspects of Colorado's history is its linguistic history. Before even Colorado was a state or territory, its wealth was in the multitude of languages spoken by indigenous populations and by Spanish conquers. When Colorado adopted its constitution, it was published in German, in English and in Spanish. The first senators of Colorado spoke Spanish. In fact, one of them represented the Trinidad area, even directed a Spanish publication to ensure that its voters were in the state. Avanzando hasta 1988, Colorado aprobó una ley que declaraba el inglés como idioma oficial, borrando así la rica diversidad lingüística de este estado. No obstante, las escuelas seguían considerando importante el aprendizaje de idiomas adicionales y muchos distritos adoptaron requisitos de clases de idiomas para la graduación. Sin embargo, este requisito se limitaba a una o dos clases. No implicaba el dominio pleno de un idioma. En 2017, Colorado creó el sello de biliteracidad. This is the name of the second language by the student. Unfortunately, only 54 schools offer this name, which leaves it out of the reach of many students in Colorado This law project establishes a way for those students who assist a school in a district muchos estudiantes en Colorado Este proyecto de ley establece una v para que aquellos estudiantes que asisten a una escuela en un distrito donde no se ofrece el CIO puedan aún así obtenerlo mediante un acuerdo concertado entre los proveedores locales de educación. Asimismo, este proyecto de ley reconoce que no todos los idiomas poseen un componente escrito and responds to the demands of bilingualism oral by numerous industries through the creation of a bilingualism sign. This legislative initiative respects the linguistic diversity of our state and honors the conjunto of bilingual students and bilingual students of Colorado. A mother told me that she would never have heard of this law. Her son asked the law and now she is in the process of obtaining it before she graduated. I ask her vote in favor with a strong yes.

Representative Luckassemblymember

Representative Velasco. Thank you. Friends, we are here today presenting the law 1028 and it's a pleasure to be here with my friend who represents the Adams County. We are presenting a proposal about the Bilingualism's Selling. But first I want to introduce myself. I am the first representative of Colorado born in Mexico. I arrived to the United States when I was 16 years old and I had to learn English when I was in school. I know that many of us we come from our countries and bring our culture, our traditions, and many times we see that something we need, because we don't speak English. But the reality is that we are enriching our state, we are bringing our language, and it's very important for us que en Colorado celebremos la diversidad, que celebremos a todas las personas que hablan otros idiomas, que no es solamente el inglés, esta es una economía global y estas herramientas son muy importantes para que podamos tener éxito, para que podamos tener buenos trabajos, para que nos puedan pagar bien y es muy importante que no hagamos este trabajo gratis. I worked for 10 years as a interpreter and translator, helping people to access resources and services, such as medical visits, emergency emergency information, information of the state, of the municipalities. And this is literally because I have this ability to speak English and Spanish, And it is very important that it is known and that it is celebrated. So, that's why we have this law proposal. And it is very important for us that Colorado, we continue celebrating all our diversity, not only people who speak Spanish, but all those who speak another language. And we know that in this state we see that our communities are being persecuted and killed by the federal government And at this moment it is more important than ever that we know that we are welcome y da por el gobierno federal Y en este momento es m importante que nunca que sepamos que somos bienvenidos que nosotros hacemos este pa mejor y que estamos avanzando juntos y que todos somos bienvenidos aquí en el estado. Gracias, compañeras.

Chair Sochair

Is there any further discussion on House Bill 1028? Seeing none, the question before, this is the passage of House Bill 1028. 1028, all those in favor say aye. Aye. All those opposed say no. The ayes have it. House Bill 1028 passes. Mr. Schiebel, please read the title of House Bill 1143.

Representative Brownassemblymember

House Bill 1143 by Representatives Ricks and Joseph, also Senator Weissman, concerning information collected for a background check by entities that provide non-employment-based educational opportunities.

Representative Joseph. Thank you, Mr. Chair. I move House Bill 1143, The Appropriations Committee report and the, there's another committee report. Oh, yes, the Appropriations Committee report.

Chair Sochair

To the Appropriations Report.

Yes, and the Appropriations Committee. We pass L2. Well, in the Appropriations Committee, we made an amendment to get rid of the fiscal note based on conversation with higher ed. as drafted the bill would have required them to use only I-10 which would have made it which would have had required them to switch vendors and because of this amendment they don't have to switch vendors anymore and it also take away the appropriations the appropriations, $100,000 appropriations out of the bill and we ask for a yes vote.

Chair Sochair

Is there any further discussion on the appropriations report? Seeing none, the question before us is the passage of the appropriations report. All those in favor say aye. All those opposed say no. The ayes have it. The appropriations report passes. To the bill.

Thank you, Mr. Chair. I ask for a yes vote on 1143. It is a simple, practical bill about access and safety. Right now, some Coloradans are black from internship, clinical placement, and volunteer opportunities, not because they are unqualified, but because they don't have a social security number. This bill ensures that qualified individuals can still undergo a background check and participate, and we ask for a yes vote on this particular bill. Thank you.

Representative Bottoms. Thank you, Mr. Chair. I still think it's odd that I have to come down here and say, why can't we go by the Constitution? Why can't we go by the rule of law? And why can't we support citizens? I don't understand why we keep doing this stuff. This pushes our citizens into a corner and takes opportunities away from them, and I still don't understand why we have to actually verbalize this, that we just do crazy things like the Constitution. This is why our state, it just continues to spiral. It will change, but that's why we just continue to spiral as a state.

Chair Sochair

Senator, further discussion on House Bill 1143, Representative Richardson.

Richardsonother

Thank you, Mr. Chair. I move L006 to HB 1143 and ask that it be properly displayed once I grab the amendment back. Sorry. Yes. Yes. Thank you.

Chair Sochair

That is a proper motion. L6 has been displayed to the amendment.

Richardsonother

Thank you, Mr. Chair. Sorry for the delay. That gives you a chance to have read the amendment. Appreciate the background of this bill and what it's trying to allow, but I think there is such a variety of potential programs out there. I think it makes sense to allow those that are offering these programs to determine what is best suited for their institution, their entity, and essentially would make this a voluntary or permissive bill that you could either choose to take an alternate form or just require a Social Security number. Again, I think there's way too much variety in the programs, non-employment programs that are out there that to be able to dictate or require that we dictate from this building I think is wrong. This provides a permissive nature to the bill, and I would recommend you support this amendment.

Chair Sochair

Representative Joseph.

Josephother

Thank you, Mr. Chair. We ask for a no vote on this particular amendment. Thank you.

Chair Sochair

Representative Bottoms.

Bottomsother

Thank you, Chair. So not only not constitutional, not statutory, now not choice. This is just a choose. Why would we not let employers choose this? Because we're not about choice in this room. We never have been, never will be. Well, we will be soon. But we're not about choice. Why would we not let employers choose? This makes no sense. This is a great amendment on a horrible bill, and we need to do something to actually let employers run their own businesses, hire their own people, and do what they think is necessary rather than what the people in this building think is necessary. Just another example of why our state continues to spiral.

Chair Sochair

Representative Bradley.

Bradleyother

Thank you, Mr. Chair. Yes, we heard this bill in committee. There was a lot of confusion. There was amendments brought forward. Democrats talked about this bill as well. I don't understand why we would not take an amendment for a voluntary commitment by a non-employment-based educational opportunity. Businesses are leaving our state. Every day you open the paper and other businesses leaving our state. We're the sixth most regulated state. I'd say we're probably higher up at this point after this legislative session. Why would we not allow choice? My business, my health care provider, is not going to take someone without a social security number. They should have the choice not to do that This is a choice Why are we not accepting this amendment It a good amendment It a good update to this bill The higher education case and CHA wanted an amendment to clarify They did a little bit of that but we need clarity in this bill This bill is all over the place frankly This amendment would help with clarity and transparency but I begin to wonder if we even want this in this building anymore

Chair Sochair

Representative Brown.

Brownother

Thank you, Mr. Chair. I also stand in support of this amendment. As an employer myself, I always require Social Security for a background check. Even if it's just local CBI background check, I require for a background check to make sure that we are employing somebody that can actually receive a W-2 at the end of the year. Because for tax purposes. Now, if we don't require a social security number for employment, then that opens the door for fraud. Fraud, how? Under the table payments of cash salaries. We don't want that. Because now we're just circumventing the tax bracket for employment. So this will close that door from ever being used by having that Social Security ready and ask for it as an employer to run a background check and for tax purposes. You all know here, a lot of us in this chamber enjoy taxes, right? Because we want more tax money, right? That's why we want to get rid of Tabor. Is that not the thing? I urge a yes vote on this amendment. Thank you.

Chair Sochair

AML Winter.

Thank you, Mr. Chair. I also rise in support of this amendment. Social security number is used for everything in this state. That's what shocks me. It's the same as when we talk about IDs to vote. You know, you need IDs to buy cigarettes, but there's so many different examples that I could give. But I think using the social security number is huge. Like I said, we use it from college to about everything in our daily lives. And also, I mean, at the end of the day, we're in a state that right now is economically depressed we're losing businesses left and right six most regulated state and I think that we should make sure to put this provision in there as well to make sure that we're taking care of the tax paying citizens of this state and putting them at the front of the line

Chair Sochair

so I urge a yes vote. Is there any further discussion on MNL 6? The question before us is the passage of

Richardsonother

Representative Richardson. Thank you Mr. Chair not to interrupt that call for a vote, but I just really want to point out how vague the language is in this bill. It applies to essentially every experience or opportunity that could be out there. I mean, it specifically lists a couple, but says it's not limited to that. Unless we know exactly what programs or opportunities or experiences that this would apply to, I just think it would be unconscionable to just open the aperture so broadly that anybody with a piece of paper with a number on it could apply. Until we know exactly what it is we're opening up the opportunities to, it's absolutely unwise to pass this bill in the current form, so I do recommend approval of this amendment.

Representative Luck. Thank you, Mr. Chair. To support my colleagues prior statements I will just note that in committee we did try to nail down page 3 section B what these opportunities actually entail and we found the same conclusion that the definition here is so broad and so broad that it really could suit almost any situation that is not being renumerated. And so I, too, rise in support of this for that reason. I also rise in support on First Amendment grounds. The freedom of association used to mean something in this country. The ability to associate with individuals or not associate with individuals, as the case might be, was seen as, dare I say, sacrosanct. But over time, we have decided as a society, for some odd reason, that it's okay that other people determine who we interact with, who our friends are, who we do business with. It used to be that in the economic realm, those considerations were mediated. out any antisocial behavior by the peer pressure of the community and by the free market. If you wanted to associate with certain people and not with other people, and the community rejected your decision, then they wouldn't associate with you, and that would either solidify your behavior or it would alter it. In the same way, if there is a desire to associate with individuals who only have an ITIN, then these opportunities will make accommodation. They will, on their own accord, adjust their own behavior in order to associate with those that they want to associate. For this body to intervene in those conversations and demand that certain people associate with other certain people is, again, anathema to our founding principles. You may not like that. You may think that everyone should associate with everyone, but the reality is we don't even apply that same standard to this room. So I would dare say that we shouldn't force it on other people if we don't lead by example. I ask for an aye vote on this amendment and a no on the bill.

Chair Sochair

Is there any for Representative Bottoms? Is there any further discussion on Amendment L6?

Bottomsother

No, not on the amendment.

Chair Sochair

The question before us is the passage of Amendment L6. All those in favor say aye. All those opposed say no. No. The no's have it. Amendment L6 fails. To the bill.

AA

Representative Taggart. Thank you, Mr. Chair.

Representative Lindsayassemblymember

I move amendment L-007 to House Bill 1143 and ask that it be properly displayed.

Representative Soperassemblymember

That is a proper motion. the amendment has been displayed to the amendment. Representative Taggart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. It's an honor to serve with you. It's an honor to serve with you. This is a straightforward amendment that has to do with on page 5 of the original bill, not the amendment section 5A And it reads an entity that does not accept an individual taxpayer identification number in violation of this section is subject to civil penalty The amendment states notwithstanding this subject, subsection 5, the Attorney General shall not seek to enforce this section against a public entity. I stress, we cannot have one department of our state government finding another part of our government. That is not acceptable. It sets a very dangerous precedent, and it needs to come out of this bill. Thank you.

Representative Soperassemblymember

Any further discussion on Amendment L7? Representative Luck.

Representative Lindsayassemblymember

Thank you, Mr. Chair. This is an interesting amendment insofar as what it communicates is that we are imposing a standard on the associational rights of private actors and not actually enforcing it against ourselves. I dare say that we should just strike the enforcement provisions against all so that there is fair treatment. Again, if we're not interested in leading by example, perhaps this is not the right policy to adopt.

Representative Soperassemblymember

Any further discussion? Amendment 7, seeing Representative Joseph.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. I just want to thank Representative Taggart for the conversation and the discussion. We asked for no vote on this particular amendment. The Attorney General is the attorney for the state, and in this bill, what we're saying is that the Attorney General is authorized to enforce this section. and it's likely to the entity itself, not, for instance, CDE, which is the Colorado Department of Education. That's a very, very different department. Usually it's the schools that are providing these type of trainings. So if there were ever a suit, it would be against the school, and they have their own attorneys. So it's different entities that we are discussing here, and I ask for a no vote on this particular amendment. Thank you.

Representative Soperassemblymember

Is there any further discussion, Representative Taggart?

Representative Lindsayassemblymember

Thank you, Mr. Chair. I'm not sure I understand what was just said, but I will try to put it in non-attorney language. I think I just heard it's okay for one department of our government to sue another department because that other department has attorneys. Did I hear that correctly? If I did, I would like to remind everybody in this room that all forms of department, all departments, are funded by Colorado taxpayers. And how in heaven's name can I answer to a taxpayer that says, Rick, how can you justify one department imposing civil fines on another department? Please tell me how I answer that question. I have no idea. Our job, my job, is to be fiscally responsible. Fiscally responsible is not giving an indication that we want to have attorneys from different departments suing one another. Please, this amendment is a very simple amendment. I also acknowledge my colleague that perhaps 5A ought to come out in total, but this amendment was strictly about state public entities. Thank you.

Representative Soperassemblymember

Is there any further discussion? I'm MNL7, Representative Bradley.

Bradleyother

Thank you, Mr. Chair. So I think the bill sponsor came up and thought that this amendment was talking about the AG's office suing the CDE, Colorado Department of Education, but really it's worse. The AG would be able to sue an entity, which means, according to their amendment, any state institution of higher education, a local district college, a nonprofit organization that is exempt from taxation, a volunteer organization, a covered school, are the following entities as licensed or certified as described in section 25-1.5-103, a clinic, clinical partnership, urgent care center, retail health clinic, hospital, telemedicine service, or concierge medical provider. So those are the entities that now can be sued by the AG if we don't accept this amendment. I would urge an aye vote.

Representative Soperassemblymember

Amel Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Thank you, Mr. Chair, and thank you to the amendment sponsors. I do just have a clarifying question and a statement on this. The amendment says a public entity. It doesn't necessarily define that, and that is my curiosity. If the concern is around an institution or an agency, I can understand that, particularly because the Attorney General is their attorney if it is a state agency. Public entities also include public schools. And schools can be exposed to liabilities, particularly for violations, for example, of civil rights. And so that's why I'm asking. We have a whole statute particularly to protect, for example, municipalities and state, the CGIA, right, the Government Immunities Act. And so that whole section of law operates with the sense that they can be found liable for certain things, even though it caps damages. And so when I see public entity that feels broader than what it is that you're saying, I do believe that there is a constitutional concern in regards to, yes, I don't know what you mean by public entity. If you mean a state agency or a state agency where the AG is their attorney, that's one thing. But there are many public institutions that are not represented by the AG, including public schools like K-12. And that's why I'm asking for the clarity for the intent for the amendment. Thank you.

Representative Soperassemblymember

Rep Taggart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. If there is a narrower set of words that help this situation, I am all ears and would help. What I don't want to happen is an attorney general taking up civil fines against our institutions of higher education and K-12. And then there's a third public entity that is also in the bill and I'll find that. But that where in my humble estimation one side of our state government finding another side of our state government is just not acceptable AML Bacon

Speaker Pro Tem Andrew Boeseneckerassemblymember

Thank you. I would be curious to hear again from the AG's office in regards to who their client is. So I do know that their client would be the Department of Higher Ed, the Department of Education, but I'm not sure that necessarily, even though they're public universities, that the AG is their actual attorney, or rather that the public universities are the clients of the Attorney General, because that is inherently a conflict. Like, that's what I agree with. But I'd be curious to understand if that is actually the case. It's one thing for CDHE. It's another for the different universities to figure out if they are clients of the Attorney General. And so there are spaces and places where the AG does intervene, particularly in the areas of civil rights, Title IX, Title VII. And so that's why I'm like, that is already kind of there when it comes to taking on cases of public interest elsewhere in statute. So at least for me, I don't even know what role I'm playing in this, but I do say that it might be worth calling the AG's office to figure out who their clients are and narrowing that by way of public entities so it doesn't include just all of them. But that's just for me. I'd be happy to reach out if anybody cares. But I think that's my present concern with the way that it's written.

Representative Soperassemblymember

Rent Bottoms.

Bradleyother

Thank you, Chair. I don't disagree with the representative. I do think we already know that there is ability for AG to sue within certain entities. entities. But I think part of the problem is the language of the bill, the newly added, but also the rest of the bill, is the word entity also appears to be very strong. I mean, very broad. And so to try to narrow that down and say, and from my perspective right now, it does appear that our Attorney General does like to sue a lot. So maybe we should include that as part of the conversation. But I mean, we're going to have a new attorney general, right? But we don't know what that means. And so are we going to make it so broad that the attorney general can sue whoever within their own family? This doesn't quite make sense. I understand CDE. I understand. In fact, I think it's already within the attorney general can actually hold accountable and or sue some of the hospitals and some of the medical side of this too. And so with that as broad as it is, I do think we need to bring it down and narrow the scope. So I feel like we have an amendment that might could help us with that right now.

Representative Soperassemblymember

Rep. Taggart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. I wonder if we could have a read so I could talk to Representative Jason.

Representative Soperassemblymember

The committee will go in recess.

Representative Lindsayassemblymember

Thank you Thank you. Thank you. Thank you, Mr. Chair. I think we're ready.

Representative Soperassemblymember

One second, Rep Taggart. The committee will come back to order. Rep Taggart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. Sorry for the confusion. I withdraw Amendment 007 and move Amendment 008 and ask that it be properly displayed.

Representative Soperassemblymember

That is a proper motion. Amendment 7 has been withdrawn, and let's hold for a second until Amendment 8 is up, and it is up, so Rep. Taggart is on to you.

Representative Lindsayassemblymember

Thank you, Mr. Chair, and thank you, Assistant Majority Leader, for your input on this. We strictly changed in Amendment 008 a public entity to a state agency, so it's clearer and more narrow. Thank you, and I would ask for an aye vote.

Representative Soperassemblymember

Rep Ricks.

Members, it's already in state law that a state entity cannot sue another state entity. We say no to this, and we ask for a no vote on this. Rep Taggart.

Representative Soperassemblymember

Thank you, Mr. Chair.

Representative Lindsayassemblymember

With all due respect, then, if that's the case, why do you put that clause in there? Because that clause opens up the door. All I'm doing is modifying to take the state agencies out of that clause.

Representative Soperassemblymember

Rep Ricks.

State agencies cannot sue other state agencies. We have worked weeks speaking with the universities on this bill, and they worked out the amendment that they did. I would like to ask you, Rep Taggart, have you talked to the universities? You have not. So we do have the language that they want in this bill. We ask for no on your amendment.

Representative Soperassemblymember

Just a reminder, we're speaking to the bill, so please keep your confines there. or to the amendment, sorry. We're speaking to the amendment, so when you having comments please speak to the contents of whatever is before the committee Representative Barone Thank you Mr Chair Yes state agencies can sue state agencies It doesn mean that it will go through but it still time and money spent to try to sue

Bradleyother

This is simply doing a safeguard. This is a safeguard to make sure it cannot even try to happen. I urge an aye vote.

Representative Soperassemblymember

Amel Winter.

Representative Gonzalezassemblymember

I urge an aye vote as well. I very much represent, or sorry, respect the representative from Grand Junction. The man runs businesses. He's involved with this state government probably more than anybody in this. And I always look for him for advice, and I appreciate the knowledge you bring to this table, and I will never just discard that. So I appreciate what you get up here and say, and there's a lot of us that do listen to you, so I urge a yes vote.

Representative Soperassemblymember

Rep Luck.

Representative Lindsayassemblymember

Thank you, Mr. Chair. This amendment applies to subsection 5. Subsection 5A reads an entity. An entity. Let's stop there. What is the definition of entity? Well, under our green committee report sheet, an entity means, we're on page 2, starting line 3, subsection B, entity means a state institution of higher education, semicolon, a local district college, and semicolon, blah, blah, blah, blah, blah. From lines 3 to 10, we have a definition of what entity entails. Again, the first line notes that the entity includes state institutions of higher education. So we know that this particular section, subsection 5 that this amendment is seeking to clarify does indeed cover state higher education institutions. Let's continue reading in the bill, subsection 5A. An entity that does not accept an individual taxpayer identification number in violation of this section is subject to a civil penalty of $2,000 for the first violation and $5,000 for each subsequent violation. So we know that because entity includes state institutions of higher education, that it, under subsection 5, is presumably subject to fines. Subsection B, or part B of subsection 5, says the Attorney General is authorized to enforce this section. So a plain reading of just this particular bill suggests that the bill's sponsor's intention is to say that higher education institutions that are run by the state are subject to a civil fine, a civil penalty, in the event that they do not accept an ITIN number, or an ITIN, sorry, that's duplicative. And that the AG is empowered, under again a plain reading of this bill, to enforce against them. This provides clarity. It provides clarity that the bill sponsors are not seeking to override the Government Immunities Act with new legislation and give the AG authority in this small and narrow space to bring a fine against state institutions when they otherwise wouldn't be able to because of existing law. This provides clarity and protection. And if it's the bill sponsor's intention not to have the state institutions of higher education subject to these particular fines, then this is no harm, no foul. It's just clarifying. I'll also just reiterate, this body does have the ability to empower even against other laws. By leaving it as is, you create a conflict in the law, and with this being the latter creation, one could argue that the AG is now going to be empowered to do this in this rare and narrow situation. So if you don't want that to be the case, you want to ensure that AG can't actually pursue civil fines against state institutions of higher education, then I urge you to vote in favor of this amendment.

Representative Soperassemblymember

Rep. Bradley.

Bradleyother

Thank you, Mr. Chair. And I know the bill sponsors have taken amendments and worked with a lot of different people. I commend them for their hard work on this bill. So I just want to take a deep breath because what Ralph Bluck just described, the representative from Penrose just described, In the amended version from appropriations, it describes what an entity is, and an entity means a state institution of higher ed, a local district college, and it continues with a nonprofit organization. And then in 5A it says, an entity that does not accept an individual taxpayer identification number in violation of the section is subject to a civil penalty of $2,000 for the first violation and $5,000 for each subsequent violation. So if you have defined entity as a higher education, a state institution of higher education, this amendment provides clarity, just like the representative just said, to not override the Government Immunities Act. I don't understand if we're saying that it can't be done, why we don't either just strip this completely out so that the entity that is defined by the bill sponsor's language that includes a state institution of higher education is not being sued by our AG. So it's not state-on-state lawsuits. We have had enough lawsuits in this state. Lord of mercy, our state cannot afford any more lawsuits. We are law-suiting it to death up in here. why can't we just accept the representative from Grand Junction who does not come up here and offer a lot of amendments unless he feels very led on clarity and accountability this clarifies that language so that we're not state on state lawsuits so I'm at a loss I don't understand why we wouldn't take a clarifying amendment vote yes on this amendment

Representative Soperassemblymember

seeing no further discussion on amendment L8 A division has been requested. The House will go into recess. Thank you Thank you. Thank you. The House will come back to order. Rep Taggart. Thank you, Mr. Chair.

Representative Lindsayassemblymember

I again want to repeat something because there were several people not in this room. The only thing that this amendment does, because in the Appropriations Committee report, under the definition of entity lies the very first part of that definition talks about our institutions of higher education as an entity. And then showing up later in 5A, under letter 5, it reads, an entity that does not accept, it goes on to talk about, is subject to civil penalty of for the first violation and Now I realize we have state we have a state statute that does not allow for for fining one another departments But when you are very specific in the bill to call out our institutions of higher education as an entity and then say that entity is subject to civil fines, that is problematic. The only thing this amendment does is it takes that state agency, the agency Department of Higher Education and our institutions out of this bill. I don't see why that should be so problematic. We do not want one department in this state government levying fines on another agency of state government. They opened up this potential by the way they wrote the amendment and the way they wrote the bill itself. Thank you, and I ask for an aye vote.

Representative Soperassemblymember

Members, the question before us is whether A.M.L. Bacon can speak, and yes, she can. Please proceed, A.M.L. Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Glad we didn't vote on that. Members, I'm sorry for the runaround, but I was finding insight here. So in speaking with the AG's office, and I do know the sponsors spoke to higher ed institutions, and they vetted this language particularly before appropes. And speaking with the AG's office, it is true that the AG is oftentimes the attorney of the agencies, but they also said that sometimes they are not. And even though it is a high bar, the AG's office has investigated agencies before. And so I just wanted, since I started some of this, I just wanted to let you know what that answer is. In talking to the AG's office, they were not opposed to the bill in the language, and they did say that they were consulted on it. So, again, in the event, the only thing that would be barred as a matter of legal practice and statute is if the AG was their actual attorney. But that is not always the case. And so I just wanted to be able to share that. Again, there are times when institutions and agencies do have to be investigated. Now, if the issue is about levying fines, you know, I think that's for us to vote on. But at the end of the day, it's not. It is something that can happen regularly now. So, again, the concern I had previously on public entity, that could have included a lot of things. But the only concerns around if it's an agency is if the AG is that agency's attorney. But they have looked into agencies before because there are things that they need to be held accountable for. And the Attorney General is the chief attorney of the state to hold anybody accountable to our laws. And so I'll stop there. Thank you.

Representative Soperassemblymember

The question before us is the adoption of Amendment L-8. A division has been requested. All those in the chamber not entitled to vote. please sit and remain seated. All those in favor of Amendment 8, please stand and remain standing in one place or raise your hand and keep it raised until the count is taken Thank you. You may be seated. All those opposed, please stand and remain standing in one place. So raise your hand and keep it raised until the count is taken. Thank you. be seated amendment L L 8 is lost to the bill is there any further discussion on House bill 1143 seeing none the question before us is the passage of House bill 1143 all those in favor say aye all those opposed say no the eyes have it a House bill 1143 passes mr. Schiebel please read the title to House bill 1283

Representative Brownassemblymember

House Bill 1283 by Representatives Ricks and Joseph, also Senator Marchman, concerning protections relating to the confiscation of individuals' identification documents.

Representative Soperassemblymember

Representative Ricks.

Ricksother

I move HB 261283 and the Judiciary Report.

Representative Soperassemblymember

To the Judiciary Report.

Ricksother

Yes. And the Judiciary Committee, we had a strike below. And in the strike below, we cleaned up some of the language. We removed the 24-hour exemption and put it to 10 hours. and also for the notification we cleaned up that language as well and we also instead of creating a new section criminal section we just amended some of the existing language to include what we're trying to do in the bill which is precluding employers from confiscating people their employees ID or an individuals ID and we ask for a yes vote on the committee report but we also have a couple of amendments as well so I'll stop right there and have the reps bring their amendments.

Representative Soperassemblymember

Representative Sopere.

Representative Lindsayassemblymember

Thank you, Mr. Chair. So in committee, we raised an issue, which was whether or not this is tied to the individual or if this is posted like in a break room and is a general notice to everyone. In reading the bill and talking to the sponsors, this really is a notice to the individuals. So with that, I move Amendment L022 and ask that it be properly displayed. We'll take it. I have to go look for something. Okay. This is the old 15, but he made a mistake. Okay.

Representative Soperassemblymember

That's proper motion. Amendment 22 has been displayed. To the amendment, Representative Sopair.

Representative Lindsayassemblymember

Thank you, Mr. Chair. So, members, this is part of a long list that's included, or a short list, I should say, but a list. So don't take this fully in isolation, but that the notice is provided in English, and if the employer knows that the employee's primary language is other than English, then that language is well. Since this notice is specific to the individual, we just want to make sure that the individual has it, because otherwise there's a scenario where, let's say it's the next most predominant language of the company, let's say it's an Asian company, so it's Mandarin Chinese, but the employer knows that the employee speaks English and Spanish, so then you'd have it in English and Mandarin Chinese. that employee is going to be sitting there going, what the heck, why are we providing this in a language that I don't even remotely speak? So that's why this is a good amendment.

Representative Soperassemblymember

Representative Joseph.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. I just want to thank Rep. Soper for his keen eye in looking at bills and committee, and I do agree with him, and we accept this amendment. Seeing no further discussion on Amendment L22,

Representative Soperassemblymember

the question before us is the passage of Amendment L22. All those in favor, say aye. Aye. All those opposed to say no. The ayes have it. Amendment L22 passes. Representative Joseph.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. We have an amendment L13, and that's just a cleanup amendment. It came from the drafter. It's just renumbering, something that we missed during drafting, and we asked for a yes vote.

Representative Soperassemblymember

Would you please move your amendment first?

Representative Meg Froelichassemblymember

Mr. Chair, thank you. I move L13.

Representative Soperassemblymember

As a proper motion, Amendment L13 has been displayed. Is there any further discussion on Amendment L13? Seeing none, the question before us is passage of Amendment L13. All those in favor say aye. Aye. All those opposed say no. The ayes have it. L13 passes. Representative Soper.

Representative Lindsayassemblymember

Thank you, Mr. Chair. I move amendment L017 and ask that it be properly displayed.

Representative Soperassemblymember

That is proper motion. L17 has been displayed to the amendment.

Representative Lindsayassemblymember

Thank you Mr Chair This also came up during the Judiciary Committee hearing The issue that if let say it a passport an American passport is worth a lot of money the money damages in here would not amount to what an American passport could sell for on the black market. So unless there's a specific provision to also return the actual passport itself, if an employer is sued and they're that horrible person, we can all imagine that terrible person, why wouldn't they just turn around and sell that person's passport on the black market so this would add an equitable remedy as well as the money damages remedy so that the individual would get their actual identifying document back in addition to money damages.

Representative Soperassemblymember

Representative Ricks.

Ricksother

It's a great amendment, and we do accept this. Thank you, Rep. Sofer, for bringing this amendment.

Representative Soperassemblymember

Seeing no further discussion on Amendment L-17, the question before is the pass of Amendment L-17. All those in favor say aye. Aye. All those opposed say no. The ayes have it. Amendment L-17 passes. Representative Joseph.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. Oh, we still on the committee report? We are.

Representative Soperassemblymember

Okay, go ahead. Representative Richardson.

Richardsonother

Thank you, Mr. Chair. I move L018 to 1283 and ask that it be properly displayed. To the committee report, thank you.

Representative Soperassemblymember

As a proper motion, L018 to the committee report has been displayed. Representative Richardson.

Richardsonother

Thank you, and thank you, sponsors, for bringing this. This amendment really, I think, is more to tee up some conversation once we get to the bill itself, but because the language is in the committee report, I will offer it here. There's not a lot of protection in this bill for just honest error for folks getting sick, having an accident, either the ID holder or the person who has possession of the ID not being available to give it back. in a very small business that can very easily happen. The employer may be called away because of family emergencies, other things. This provides a little bit of protection, a little bit of time to ensure that they aren't immediately moved into potential enforcement monetary penalties when there's something that's truly beyond their ability to control. So, again, I'm bringing this to the committee report because we had reduced it to 10, which could be much less than even one workday. I just want to raise this as an issue, and hopefully we can get to some amendments in the main bill that address this as well. But I would, for now, move that we adopt this. Representative Flannell.

Representative Soperassemblymember

Thank you Mr Chair I also agree with my colleague I think that 10 hours is pretty I mean it a ridiculous request There a lot of things that happen and I know this especially as a small business owner And I think that right now I think we need to take a step back and really think about like what are we doing to our businesses because since 2019 there have been a hundred businesses

Chair Sochair

a hundred large businesses that have already left Colorado, which has already resulted in over 13,600 jobs, and I think that by increasing more regulations such as this, I think that it's going to result in more loss of jobs. So I think that we should give them a little bit of leniency. Ten hours, I think is, I mean, it's one day, and there's a lot of things that

Representative Soperassemblymember

could happen within one day, so I urge a yes vote. Amel Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Thank you, Mr. Chair. I'm going to run a substitute amendment. I move L21 and ask that it be displayed.

Representative Soperassemblymember

Substitute amendment L21 has been moved and displayed to the amendment. AML Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

So I'm running this as a substitute because also this amendment would impact the same language. And so L21, what it does is it strikes some language in the committee report because I believe it's nonconforming with the intent of the bill. But the reason why this is a substitute is because of line four, where we would like to move to strike 24 hours from the committee report and substitute 10. And so in order for us to do that, we need this amendment passed. Otherwise, the underlying amendment would then settle the question. And so the crux of this amendment is to strike 24 hours and bring it down to 10. And with that, I ask for an aye vote.

Representative Soperassemblymember

Representative Soper.

Soperother

Thank you, Mr. Chair. Members, I'm not entirely sure what this amendment does because the committee report already struck 24 hours and takes it to 10. So this is just a restatement of the committee report. And, I mean, I think it's really difficult to run an amendment that does exactly what the Judiciary Committee already voted on, and it's already within the committee report. So this appears to be a pure restatement of the committee report.

Representative Soperassemblymember

Amel Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Thank you, and thank you, Representative Soper. You are correct on that fact. Let me further explain. Okay, the first two lines and striking lines one through four is also what I'd like to propose. And if we did that, we then have to amend the bill. but we'd have to move up a line, which is also why we need to put it in this amendment according to the drafter. Lines one through four in the committee report says an individual who is an employee or applicant for employment to surrender the employees or applicants government issue Originally in the bill the language said a person and that was an important distinction between employee in that we did not want this to be limited and not include also contractors on a job. So what we would like to change is the strike from one through four, and then when we do that, we have to reorder. I do believe, I think, in talking to the drafter, and that's why it needed to be proposed now because the underlying amendment, which I think is Amendment 18, according to the drafter, would then settle that question. So that is why I'm running it as a substitute.

Representative Soperassemblymember

Okay, thank you. Seeing further notice, seeing no further discussion on Amendment L21 except for Representative Soper.

Soperother

Thank you, Mr. Chair. A further question, if we're now talking contractors, are we moving now into a direction where the employer is now taking on more responsibility over that individual? And so the idea of principal and agent goes out the window, and that now someone who is a contractor who falls under the employment of another, who's hired for a very specific job now could get caught up under this bill when they actually have their own person that they're working for. They may be self-employed. I mean, I can think of a lot of examples of contractors who, for example, they come into a secure facility and you need to have a background check and vetting. Is that the issue that you're dealing with here?

Representative Soperassemblymember

Amel Bacon.

Speaker Pro Tem Andrew Boeseneckerassemblymember

We think for purposes of this statute, which is to keep a document from someone working at a place, in regards to the principle to which we are legislating for, because this language was in the original bill and in committee we struck it. But the purpose of the bill is to recognize that anyone who is in some sort of relationship with, you know, some sort of working relationship should not have their documents remanded. And to say that someone who's an independent contractor, which also happens on construction sites, what happens with a lot of people even working seasonally, we feel like they should not be excluded from the purpose of this bill. And so just to say that they don't have a W-2, that that means their documents can be remanded for longer, we feel like is not getting to the purpose of this bill. And quite frankly, we don't want to exclude the very people who are most likely in those circumstances. These are people who may come and do seasonal work, right? People who come for visas, the people who are on construction sites. And so we did not want to exclude them, particularly because we were concerned most about them, given the actual relationship, which is this independent contractor notion versus someone who would be on staff through a W-2. And so we feel like that would be an unequal exercise of this law, and we did not want to cut out this particular type of working relationship. And so when you say employee, statutorily employee means someone who gets a W-2. It does exclude, for purposes of that word, people who are working in spaces and sites.

Representative Soperassemblymember

Representative Richardson.

Richardsonother

Thank you, Mr. Chair. I understand the first couple of lines of the amendment and what you're trying to do there, and I don't disagree, but the lines three and four override what was in the amendment that I had proposed earlier that this is substituting for, and it doesn't account for simple mistakes like leaving a license on the Xerox machine and everybody walks away, and 10 hours later you're in violation of the law. So I would move that this, or I suggest that we vote down this amendment, go with the original amendment. If we want to address this issue, bring it as a separate amendment that doesn't conflict with what the original amendment was trying to do, which is provide a little space for honest mistakes and emergencies that do take place in the workplace. So I would urge a no vote on this.

Representative Soperassemblymember

Is there any further discussion on Amendment L-21? Seeing none, the question before us is the passage of Amendment L-21. All those in favor say aye.

Representative Lindsayassemblymember

Aye.

Representative Soperassemblymember

All those in favor say no.

Representative Lindsayassemblymember

No.

Representative Soperassemblymember

The ayes have it. Amendment L-21 passes.

Representative Lindsayassemblymember

Aye.

Representative Soperassemblymember

Is there any further discussion on the committee report? Seeing none, the question before us is the passage of the committee report. All those in favor say aye. All those opposed say no. The ayes have it. The committee report passes. Is there any further discussion on House Bill 1283? Representative Soper.

Soperother

Thank you, Mr. Chair. Since the last amendment that was offered that would have provided the...

Representative Lindsayassemblymember

I never said that. Because it was taken by Representative Bacon. We'll have the conversation. You don't keep your words. I do.

Soperother

I move amendment L-16 and ask that it be displayed. This was the conversation we wanted to have.

Representative Soperassemblymember

Proper motion, L-16 has been displayed. Representative Soper.

Soperother

Thank you, Mr. Chair. So we started to have the conversation, but didn't really get to finish it, on why it's important to either have more hours that is a grace period, or what the amendment calls for would be for a safe harbor. So what the amendment says is notwithstanding any provisions of this section, to the contrary, an employer does not commit criminal possession of an identifying document if the employer can demonstrate that the employer's possession of the identifying document was unintentional. The bill is laden with phrases like knowingly. Adding unintentional here is also important because the scenario that happens most often that we heard from employment attorneys is it's a Friday afternoon. It's 4 p.m. Everyone's willing to get out of the office or the workplace. The driver's license or passport or other identifying documents. They went over to photocopy it. It was forgotten on the photocopy machine and not discovered until Monday morning. That is, believe it or not, a very common thing that happens. And by reducing the grace period down to 10 hours, the employer knowingly took possession of that identifying document. However, it was unintentional that they left it on the photocopy machine. And that why having a provision that if they can demonstrate that they did not mean to leave it on the photocopy machine but that they while they may have had possession it was a mistake it was an accident they still knowingly took possession even though it was for a short time It just so happened that it became a longer time from the mistake that occurred And that why having a provision that specifically laid out that they can now bring evidence to show that it was unintentional It was not purposeful that they were holding that identification longer than what they needed to. This was something that was a mistake. They still have to make this finding at a court of record. the court would have to determine whether this evidence should be admitted. So there's many steps that have to be included here. We're just saying we want the opportunity for that employer to be able to make a reasonable case that it was unintentional, it was a mistake, because the way the bill is laid out, the employer still knowingly took possession of the ID. They did hold on to it for longer than 10 hours. It was on the business premises, but the fact that they left it on the photocopy machine was a mistake, and that was something that no one had thought about, and it happens often. So that's why having this provision here is incredibly important and would ask for a yes vote.

Representative Soperassemblymember

Representative Joseph.

Chair Sochair

Thank you, Mr. Chair. I ask for a no vote. Thank you.

Representative Soperassemblymember

Is there any further discussion on Amendment L-16? Seeing none, the question before us is the passage of Amendment L-16. All those in favor say aye. All those opposed say no. The no's have it. Amendment L-16 fails. Is there any further discussion on House Bill 1283? Seeing none, the question before us is the passage of House Bill 1283. All those in favor say aye.

Representative Lindsayassemblymember

Aye.

Representative Soperassemblymember

All those opposed say no. The ayes have it. House Bill 1283 passes. Mr. Schiebel, please read the title of House Bill 1226.

Representative Brownassemblymember

House Bill 1226 by Representatives Wilford and Froehlich, also Senators Westman and Cutter, concerning measures to reduce emissions from certain electric generating units in the state.

Representative Soperassemblymember

Representative Froehlich.

Representative Meg Froelichassemblymember

Thank you very much, Mr. Chair. I move for the passage of, I move House Bill 1226 and the committee report? Oh, and the two committee reports.

Representative Soperassemblymember

To the committee report.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. In appropriations, we were able to zero out the fiscal note, and we asked for a yes vote on the appropriations committee report. Is there any further discussion on the appropriations report?

Representative Soperassemblymember

Seeing none, the question before us is the passage of the appropriations report. All those in favor say aye.

Representative Lindsayassemblymember

Aye.

Representative Soperassemblymember

All those opposed say no. The appropriations report passes. Representative Froelich.

Representative Meg Froelichassemblymember

Thank you, Mr. Chair. In the Energy and Environment Committee, we ran further amendments because our discussions have been intense and ongoing. and at this point we have moved all of the major players to monitor, neutral, etc., which is no small feat in this space, and we're proud of that work, and we ask for a yes on the Energy and Environment Committee report.

Representative Soperassemblymember

Is there any further discussion on the Energy and Environment report? Seeing none, the question before us is the passage of the Energy and Environment Committee report. All those in favor say aye. All those opposed say no. The ayes have it The Energy and Environment report passes To the bill Representative Wolford Thank you very much Mr Chair and thank you members for tuning in and listening to this bill

Representative Garcia Sanderassemblymember

So House Bill 1226 recognizes that Colorado is facing new federal actions that would take authority away from Colorado utilities and regulators to plan our own energy future. Nationally, the Department of Energy has begun using federal orders known as 202C orders to force expensive dirty coal and gas plants to stay open past the retirement dates approved by utilities and state regulators. 202C orders flat out jeopardize Colorado's climate goals. At the state level, there are some utilities and other entities using this moment to propose keeping coal plants open well into the 2030s and some even into the 2040s. and perhaps beyond. Most of Colorado's coal plants are several decades old and lack modern pollution controls for reducing harmful air pollution, including pollution that causes the ozone problem that plagues the Front Range and our communities in particular. This house bill will protect Colorado utility customers, air quality, and clean energy plans. Over the last decade, we've made considerable progress towards our climate goals, and we can't let federal overreach by the Trump administration take us backwards. Representative Frillick. Thank you,

Representative Meg Froelichassemblymember

and thank you, colleagues. This is actually quite simple. A plan was in place, heavily negotiated, decades, actually, of negotiations, and then a capricious federal action comes in, And who suffers? It's actually the number one people who suffer are the rate payers, because at the moment, coal is the most expensive source of energy. And so all we're saying is let's keep on with the path that was carefully, painfully, difficultly negotiated for the timely phasing out of these resources with appropriate alternate resources generating energy. Let's not throw a wrench in the works.

Representative Soperassemblymember

Representative Barone.

Baroneother

Thank you, Mr. Chair. What this bill does is a Colorado bill requires the Air Quality Control Commission to adopt emissions limits for nitrogen oxides and sulfur dioxide from older coal-fired power plants by December 31st, 2029, with compliance required after 2030. Now, the argument that was just said that I heard is that coal is the most expensive. It could be true. There's cheaper natural gas, some of the air and water energies, but coal isn't subsidized like these clean energies. When you subsidize an area, of course it's cheaper. Coal was never subsidized. So that's why it's a little more expensive. I understand that. But we cannot subsidize one area of energy. I'm an all-of-the-above-energy type of source guy. Coming from oil and gas, I agree with solar if it works. I agree with wind if it works. Great Just don subsidize it Why are we subsidizing one area and pushing out the rest when we need all types of energy That's the argument I always have. We should not be subsidizing energy. Let it work the way it's supposed to work, and it'll regulate itself. The pricing will regulate itself. When you start pushing one energy source out and pushing another one in by force, which is the green energy push, that's why it's called the green energy push, because it's pushing green energy. We cannot allow this to keep going. Taxpayers are being used to subsidize clean energy when it's not reliable yet. It works. I understand that. I have solar panels on my house. It works for me. That's why I use it. But we're just pushing it on everybody. I also have natural gas on my house to heat my house. I try to push a bill this session to take out CO2 emissions from residential, from the equation of the green energy push, which is a small amount. Of course, it didn't get past committee. Not a surprise. But when you start pushing for one area of energy and trying to push another one out, that's when it becomes a problem for cost for everybody. What happens when those subsidies run out for clean energy? That energy is going to go up again, the pricing. So let's not push so fast, so hard. great like I said there's some members here that one of the bill sponsors here has a full electric home great I applaud you for that if it works for you, it works for you why are you forcing it on everybody else I urge a no vote on this bill

Representative Soperassemblymember

Representative Bottoms

Bottomsother

thank you chair coal is most definitely not the most expensive form of energy. Solar and wind is the most expensive because it is so over subsidized by the government. You realize solar and wind, either one, has not made one positive in the black dollar ever in a statewide grid. Maybe some people can justify it for their homes. I still not a fan of that either. I'm definitely not all energy options unless they can be paid for by themselves. The good thing is, and this is what I'm really excited about over the next two or three years, the good thing is, is President Trump, through the big beautiful bill and through another executive order, has now made sure that we can put coal electric generating plants back in Colorado. I know that they've been cut all the way to the ground. Not only did we do away with them, but we cut them to the ground. Why? Because they're scared that somebody that likes coal may actually get in office. And so now we had to cut them all the way down to the ground. The good thing is, is those are nice little spaces, clean pads now that we can put the new coal that Trump will be, has and is, supporting with federal dollars, and we're going to flood the state of Colorado with coal again. This is the primary and best source of energy. Solar and wind are shell games. They are shams upon the people of Colorado, they do not generate electricity in a way that has any kind of positive net. You take the government's subsidization away and they would go away the next day because they cannot support themselves. This is all extremely factual and can be found anywhere. Just a quick Google search will find you that. Not from the solar and the wind industries because they lie, but from actual facts and numbers and not just in the state of colorado but all across the united states and so um this this entire bill needs to go away it's um it's harmful to the people of colorado as long as we keep moving this direction which this bill is another step in this direction we will continue to have blackouts not just in weld county not just on the military bases but But we will have them. I think we've even started having them in Golden now. That the only way we can stop these blackouts is stop the legislation coming out of this building that is causing the blackouts. That's where the blackouts are coming from is this building. And this bill is another one that will continue to cause more blackouts. And as the people of Colorado, and I'm saying this to the people of Colorado, not necessarily this room, but the people of Colorado, when you have another blackout, you can blame the left. because it's exactly this bill. It is this legislation. So people of Colorado, the next time you can't turn your electric furnace on, although you wanted gas, but you can't, the next time you can't turn your electric furnace on, it's the left. The next time you can't use a gas stove and your electricity is turned off and so you have no stove, it's the left. They're doing this. This bill continues to do this. We need to stop playing around with the people of Colorado with this solar and wind stuff. It is costing us too much money. Do you realize how much electricity we could generate if we stopped spending money on pinwheels, trying to get air from pinwheels? This is not healthy for Colorado. This is taking money away from Coloradoans, taking energy away from Coloradoans, forcing them, again, this is just the long list, but making them have electricity and then turn the electricity off. How many times does California have to do this before we learn? We can go all the way back to Grayout Davis, Governor Grayout Davis in California, when they started having these rolling things. And then we added electric cars to it, and now it's even worse. and now buy an electric car but turn it off between 5 and 9. My electric company down in Colorado Springs now is charging a whole lot more money between the hours of 5 and 9. Thank you, Democrats. Thank you. From the depth of my heart, you are costing me money. You're costing Colorado Springs money. You're costing the entire state of Colorado money. Thank you for these bills that destroy our industries, destroy our energy, and make us dependent upon a Marxist concept of government. Thank you yet again for a great bill that is going to hurt every single Coloradoan and hurt our ability to actually have, not just talk about, but actually have electricity in the state of Colorado. Weld County sorry you you part of the you going to be the continuing part of the the the blackouts the rolling blackouts Golden sorry you already had been a part of them you going to continue to be a part of them even even some of the military bases Sorry you going to continue to be the victim of this type of legislation Let's keep it going, and eventually we will have no power and electricity in the state of Colorado. Then we can all just use candles. Thank you.

Representative Soperassemblymember

Representative Slaw.

Chair Sochair

Thank you, Mr. Chair. I don't know that I will be quite as good or quite as long as the other Scott, but I'm going to get up here and also voice my opposition to this bill. It is pretty tiring as a person who has studied a lot of this to hear some of the things get said about this. Coal is not destroying, nor is it a significant cause of the ozone along the front range. getting rid of the coal plants is not going to change measurably the ozone along the front range it's just not going to this is going to increase costs for rate payers and it is not a significant environment it is not a significant environmental concern there has been so much regulation so much regulation the coal is expensive as are all other things that aren't subsidized But where the expense comes is not in the actual energy itself. It is in the overregulation. And that overregulation also prevents a lot of the pollution. That is arguably a problem. It's not bad that we've regulated things to an understandably good point to reduce pollution. But that's not what we're talking about. We're talking about removing a good, strong economic backbone of energy that the state of Colorado has. And it is not the environmental catastrophe that people would like to point it out to be. It just truly is not. This will make things more expensive for people. It already has the subsidies that we throw at renewable energy, although I would love to see a cradle-to-grave holistic picture of what the overall pollution from manufacturing, from mining of all of the materials that are needed to produce all the solar panels, all the wind turbines, all those things, I would love to see that because I would argue that the difference in overall holistic cradle-to-grave pollution from coal plants, all things considered, whether it's air pollution, whether it's the pollution of the ground and everything else from all the mining and all the manufacturing and everything else, that it is negligible, indistinguishable, or even very likely, in my opinion, it is a bigger problem with the renewable energy resources that we claim to be saving our planet. That is not true. It is absolutely not true. This bill should hopefully die on the floor in here. If it doesn't, it's because people are believing a hoax. Thank you.

Representative Soperassemblymember

AML Winter. AML Winter.

Garciaother

Thank you, Mr. Chair. I appreciate you. And I kind of want to speak to some of the other things that we face when we talk about this. I mean, jobs is a huge issue. We've seen in Craig and in Pueblo now, as they try to transfer from one type of energy to another, that jobs are impacted. We had to pass a bill in this chamber for coal impacted communities. And you know at the end of the day that's literally taken dollars that the state could use and we're having to Infuse into these communities to try to find a new path forward and I'd be remiss if I didn't talk about that I think another thing that is Kind of awkward to me is is I mean coal is a good base load power And I understand as we try to transition out this but in the same breath we always try to have the argument on nuclear energy which we think is a strong base load power It's truly the only way to net zero. We've really seen a surgence in the youth that come in and testify. It really seems like the younger generation is bought and sold on nuclear energy. And I think what makes it hard for myself and I think some of my colleagues is we have this discussion about diverging from coal into other things. You know, first and foremost, you have to look at it from a rural legislator's perspective is it makes the rangeland ugly. Let's be honest. Wind and solar really makes it ugly out where I live. And unfortunately, right now, a lot of our farmers and ranchers, they have to rely on projects coming in. We've talked about what is happening with farming and ranching and trying to survive. So they have to pretty much let these companies on their property to put in wind and solar generation. That way they can keep paying the taxes and make sure they hold on to that piece of ground. To be honest with you, as I drive through my district, it's ugly, and what scares me is what happens when all this stuff wears out? What's the end date on these things, and then how do we recycle windmills and solar panels? I think that that's a huge discussion, and a lot of our ranchers and farmers are worried that if these companies go defunct, they're just going to be left with this stuff on their place. At the end of the day, there will be some regulation that comes out, and they'll have to mitigate the problem and clean it up, and that's a big fear in rural Colorado. I think that what we see Craig and Pueblo going through is unfortunate. I mean, even labor has come into the building, and they chat about it all the time, about losing those good-paying generation jobs out of those two communities and what it's going to do to the communities first and foremost. And then when it comes to being able to provide energy to companies that want to come into the state, right now we're telling companies that want to bring big manufacturing facilities into this state that we might not be able to give them baseload power for up to five years, which stifles the economy. So we're pulling energy jobs out of the economy. We're not able to provide enough energy for companies that want to come in and bring industry. And that makes it tough as well. And then when you figure in the discussion around how it looks out on the eastern plains when they're full of windmills and full of solar panels, I think that that's something that is important to put on the record too. And then finally, you have legislators in this building trying to bring you new technology that is net zero, that can generate the power that we're talking about, can produce enough energy for all the businesses that want to come into this state. Those are the discussions that we should be having. I think at the end of the day, this is a knee-jerk reaction to some federal issues. And then we talk about the, I mean, this would go above and beyond federal standards.

Representative Soperassemblymember

So we talk about the rate payer, but, you know, say these companies figure out the most important approaches is to add maybe a scrubber to the plant. Well, that's $125 million. If you don't think that that isn't going to be passed on to the ratepayer, I think that that would be disingenuous to act like it won't be passed on to the ratepayer. And my good colleague from WAL that come up and spoke earlier, when he talks about a cradle-to-grave, I agree 110%. I think that if we sat down and had the discussion, we had some cradle-to-grave data about exactly the tradeoffs between staying with something as reliable as coal and looking at what it takes to create the wind and solar projects from cradle to grave, I think that that would be something good to sit down and talk about because I think that legislators on both sides of the aisle, if we can see that data and make decisions around that, I think that that's wildly important to this chamber and not only the chamber, the people of Colorado. And then finally, I want to say that as we buy a lot of this green energy, I guess you'd say equipment, I mean, we have China right now. Last year they did 50 coal plants It came to one a week in the year previously They were putting on two a week Well these coal plants are building the green energy materials that we bringing over into this country So, like when myself and the representative for Denver, we ran the No Child Slave Labor Resolution, we were talking about those products being built on the back of young kids in the Uyghur province, but now, as Americans, and I've said this before on the mic, I think it's tough because we want to feel like we're doing something good by dispatching wind and solar in this country, but at the end of the day, we're polluting another part of the world as they bring these coal plants on to be able to produce these things with labor like that. So I think those are things that we should have a discussion about. I don't think that they're hot points. I think these are things that, as legislators, we can discuss. But having that cradle to grave and real discussions about how, as we try to clean the air in this country but we pollute other parts of the world, would be wildly huge amongst myself and my colleagues, and I'm sure that there can be concessions made on both sides as long as we have that data in front of us. So for that reason, for good-paying blue-collar jobs in Pueblo and Craig, for wanting a cradle to grave to do real studies, I think it's wildly important that we have these discussions. So I urge a no vote on the bill. Representative DeGraff.

DeGraffother

Thank you, Mr. Chair. These investor-supporting bills have really got to stop, and we've got to focus on the citizens of Colorado rather than propping up the investors. I would say this, I'm going to guess that this falls under infrastructure that is going to be authorized, now demanded by the General Assembly. The General Assembly demands this infrastructure like these scrubbers. Now, one thing I think is always funny because I had a, I was on a trip one time, I was flying one time and I was sitting next to a farmer and he was a berry farmer. and that berry farmer had just reluctantly sold his property, his berry farm, which of course sequesters carbon dioxide for us to eat, to some solar field. And I thought, well, wouldn't that be funny if that place went bankrupt because the subsidies were about to dry up? And so we'll get into, maybe I'll talk a little bit more about that later. I've got to find out. But one of the funny things that he said was that his berry farm required him to buy sulfur from the local coal plant in order to spread on his field so that he could lower the pH in the field to about 5.5 to 6, which would allow the plants, the berry plants, to actually uptake the micro access, the micronutrients in the soil, basically by breaking down the minerals that were in the soil. and that without the sulfur that he could get from the coal plants, then he was required to go and buy a bunch of fertilizer. So then the fertilizer has to be manufactured and then has to be shipped in and all that. So you have all of these things that factor into this green energy idea. And then, of course, you have the idea that our green energy, our Colorado green is manufactured in China with coal. Those solar panels that everybody thinks are green are actually, well, they're black for one, and they absorb a lot of heat where the rest of the globe actually reflects it. So the thought of creating a heat-absorbing mechanism in order to help combat global warming because now you're absorbing and you're putting upwards of 90 to 100% of that energy into heat energy in the... as opposed to reflecting it. And of course, if you have like cloud cover or something like that, that reflects upwards of 90% of the visible energy, which is actually something that benefits. So most of this green stuff actually is counterproductive, except for its true purpose, which is green, spelled with dollar signs. And the way this works is the legislature, basically controlled by the governor passes these bills because they feel good. These bills, they demand infrastructure. And then the PUC, which is the four appointees of Jared Polis, so the Polis Utilities Commission, authorizes and directs Excel, or I should say the investor-focused utilities, we'll just call them IFUs for short. So the PUC, the four appointees of the governor, direct the IFUs to invest in more infrastructure. And when they invest in more infrastructure, the PUC authorizes the IFUs and gives them a 9% to 10% return on investment for investing your dollars. Now, those dollars are guaranteed because they are going to come out of the ratepayers' pocket. So who can least afford to pay these increases in utility? Oh, that would be the poor. These green energy programs hurt the poor the most. The lower income, the harder these programs hit. So if you really want to hurt the poor, go green. So the PUC, the Polish Utility Commission, then directs Excel to say, hey, let's accelerate our green goals that were imposed by the legislature. basically as demanded by the governor. And then they direct, and then they seek out the investment, and then you have BlackRock, Vanguard, and State Street that owns, say, most of the investor-focused utilities to invest. And then the PUC, again, authorizes them 9% to 10%. 9% to 10% investment is a high rate of return, is a high-risk rate of return on basically a zero-risk investment. It could be done better with a bond, I would say, something because you have a guaranteed payback mechanism which is in the rates of the customers. They're already paying for it. So they are going to pay the principal back, but then the Polish Utility Commission tax on an extra 9% to 10% for BlackRock, State Street, and Vanguard. And who does that hurt? It hurts the poor. So that has been done for decades now. And so we have $17 billion. We've invested, the state has extracted $17 billion from the citizens of Colorado. That's roughly $3,000 per occupant. So $15,000 for a family of five. They have paid $15,000 for that family. And what did they get out of it? Well, they got a lot of infrastructure because solar and wind are infrastructure. And then what has to happen to get that solar and wind all that distance? Well, that requires high-voltage power lines. What happens with high-voltage power lines? Well, they need about 25 acres per mile to be raised, R-A-Z-E-D, raised, like basically what a conquering army would do to a country by basically destroying its forest its farmland and all that So for 25 acres for a mile of high line you are going to raise Now I was asked not to describe that as raping their way across Colorado but I think that's more appropriate. So raising their way across Colorado is, we'll call it that. So it is destroying the habitat. It is destroying the ecology of Colorado. It is destroying the farmland of Colorado. It is destroying the property of Colorado. We heard in committee how these IFUs come in and earn their name by telling the people that they have eminent domain authority and they're going to use it. So where they had easements, they opted not. And so now we just say, well, if you're going to, if basically if the president is going to mandate that some of these get built, then the infrastructure is going to get tacked on and ensure that the investors make more money. So this is an investor, this is an IFU bill in my opinion. So, and now what does it support? It supports what we call climate goals. Now I have been asking for four years what these climate goals are. Does anybody know what the climate goals are? Well, that's fine that you don't know because the Colorado Energy Office, charlatans in the Colorado Energy Office also do not know what the climate goals are. They have zero climate goals. Zero. Now, the state of Colorado has paid $3,000 for every man, woman, and child in Colorado to meet these climate goals that don't exist. and their carbon goals are supposed to be cost effective, but nobody knows what that means. When I asked about the ozone things, because, let's see, we're always worried about that, when Suncor was basically shut down for several weeks, you know what the change in emissions was in measured outcomes? It was zero. So you put Suncor out of business, you don't have any of the ozone precursors, The difference in Suncor being 100% and 0% is 0%. But the citizens of Colorado have paid $15,000 per family, and tacking on $125 million per coal plant that goes in is just ensuring that there are going to be more infrastructure for the investors of the investor-focused utilities. so if you want to know why so when you talk about coal and you say well coal is now expensive well coal is expensive one because solar is subsidized and why is and where does that where does all the coal go for solar well the coal is a lot of it is shipped overseas where it's burned into it's burned for energy and it goes i'm pretty sure into the same atmosphere and if you go to There's an app called Wendy.com, and you can go to, and it's free, so I'm not, as far as I know, it's free, at least that version is, and you can look at where the pollutants are, and you look at China where they're burning all of the coal. China has all kinds of pollution in these nitrate oxides and ozone precursors, et cetera. Now, ozone requires to be made. It has to, it breaks apart like the nitrate. That's why it's an ozone precursor. So you actually have to have sunlight in order to do it. When it gets dark, it goes away. But if you look at these and which way do the trade winds go in the north Oh they go to the east So what happens when we ship all of our coal over to be burned not as clean coal as it would be burned over here but it's burned as just dirty coal over there, and what are solar panels made out of? Well, solar panels are made out of coal and quartz. So to get solar panels, you're actually buying coal. You're mining coal. You're mining a boatload of coal. Make sure we keep that PC. So you're mining a boatload of coal to make solar panels. And then those solar panels are all combined, and then there's quartz. And a lot of that quartz comes from, I think, Pennsylvania or something. So all of that material is shipped over to China on boats. And those are all the emissions from those. So now, why is coal expensive? Well, one, because solar creates a demand on coal. And so now you have competing markets for coal. So in order to make the solar, which you need, and also for all the wind, because you need to have that level of power, you need actual power, which is the time availability of energy. You need that power in order to make things like the unrecyclable wind turbines. and you need to make the unrecyclable solar. And what happens also when solar, what does solar do? It absorbs heat. What does heat do when it's out there? It creates thermals. What do thermals create? They create lift. Lift creates thunderstorms, and thunderstorms create hail, which ultimately creates hazmat out of the solar panels that you shipped over from China using the coal, and now you have shards of coal plant, and they're all leaching dangerous chemicals into the ground. So again, that is the green energy which Colorado has been tapped at $3,000 per person to lose 40% of our dispatchable power over that time. Why? To achieve climate goals that are nonexistent to hurt the poor. So China going gleaned. Now, what would you actually achieve? Well, it's pretty easy. If you take Colorado's manufacturing and you just say that carbon dioxide is 100% responsible for the greenhouse gas effect, which it's not. It's closer to maybe 10%. If you look at the convective nature and Boyle's law, it's probably closer. it's a lot less than that. It's probably closer to 0%. Let's just call it 100%, and you say that's 33 degrees Celsius that makes the planet livable. And then you take Colorado's contribution of 0.125 billion tons per year over the atmospheric 3,300 billion tons. You should just take that, divide it by 100, and you get 0.00125 degrees Celsius. That is on the absolute high end of what Colorado could achieve if it went totally net zero. But that would only happen if China went net zero also. Now, for Colorado or the United States dropping one billion tons per year of carbon dioxide, Asia increased 10. So actually, by us decreasing one, we globally increased 10. Now, if you think that an increase in 10 will offset 1, you getting 10 times more carbon dioxide by us decreasing 1 And if you actually believe that carbon dioxide is the culprit for the greenhouse warming anthropogenic climate change, APCC, if you believe that carbon dioxide is responsible for APCC, and you look and you say a decrease in the United States of 1 creates a global increase of 10, and you think that's actually solving something, then that is a level of gullibility that cannot be described or should not be described. But that level of gullibility is costing the citizens of Colorado $3,000 apiece so far. And it's going to cost, and that is on the low end because we're talking about hundreds of billions of dollars in order to do this, hundreds of billions of dollars of this type of infrastructure in order to achieve 0.00125 degrees Celsius. Now, if you blinked in the last minute, during your blink, you passed through more. This room passed through more than 0.00125 degrees Celsius. Guarantee it. If you blinked. During that time of your blinking, you went through that. So Colorado's contribution for the cost of $15,000 for a family of five, and that's only at $17 million. Now we're talking about hundreds of billions of dollars more that it's going to take. So you could multiply that by another, let's say, five. So that's going to cost the citizens of Colorado another $75,000 for a family of five if those children are allowed to live. But that's $75,000. Now, if they're not, then it just goes up because the families are smaller. So I'm going to have to say no on this bill because there are zero climate goals. And this type of demand on investment is only creating more investment opportunities for investor-focused utilities, the IFUs, to go. And if you look at one of the things like coal being expensive, coal is expensive for the same reason that buying a CD-ROM is expensive. It just makes it more hard. If you want to go buy a CD-ROM, a low-grade CD-ROM that you could, you know, if you were trying to operate the space shuttle or something like that, you needed like a low-end CD-ROM, it would cost you a lot of money to buy because they don't make them anymore. So when people say that coal is expensive, it's expensive because it's not subsidized. It's expensive because that subsidized economy is deriving an artificial demand, a demand that would not otherwise exist because mining into the imaginations of the green cult is much more lucrative than actually mining for coal. And then when we get into classifying data centers as essential services, and we don't have that dispatchable power, that's when we're going to find out what our smart meters are for because the smart meters are to shut off your power from a central location so that they don't have to go out and do it in person. So we're going to find out what that means. So Colorado, if you don't want to have blackouts, what we paid for $15,000 per family is to have more blackouts. Why? I don't know why Jared wants blackouts. But when you lose 40% of your dispatchable power, That's what you get. You get power that has to be stretched in from very far out. You get infrastructure that has to be made. You get eminent domain that has to be exercised. The green agenda has been horrible for the ecology of Colorado and has accomplished nothing for the climate. So when we get a hold of that, when we get a hold of this superstition, then Colorado can actually move forward. I don't think we're getting over that superstition anytime soon, so the people of Colorado, just continue to just know that the green agenda is more important than your bottom line, and the General Assembly will continue to reach farther into your pockets to achieve it. And when they can't achieve it directly through taxation out of this body, then the governor will direct the legislature to direct the Excel to direct the PUC to reach farther into it because those $17 billion that came out that are coming out of your pockets are government mandates. Those government mandates to take money from you to achieve something that the government wants that has absolutely no benefit to you is called a tax. That is called taxation without representation. We had words over that a long time ago. We probably should again.

Representative Soperassemblymember

Any further discussion? Representative Wilford.

Representative Meg Froelichassemblymember

Thank you very much, Mr. Chair. Do you want me to move over? Okay, just in case. Well, thank you all so much for the conversation that we've had on this bill. I didn't expect that we were going to have to fully relitigate why coal is dirty and expensive and why clean energy is, in fact, clean. but here we are. I want to just take a moment to respond to some of the things that we've heard so that we can make sure that the record is correct. First, we heard coal is dirty, or coal isn't dirty, I'm sorry. Coal is, in fact, one of the dirtiest energy sources that we have, full stop. Burning coal releases sulfur dioxide, nitrogen oxides, particulate matter, mercury, and arsenic, and all of these things are linked to asthma, heart disease, and premature death. burning coal is also the largest source of carbon dioxide emissions globally, which is driving climate change. Communities living near coal plants are often working class people and are disproportionately communities of color, meaning that these communities are the ones who are exposed to higher rates of respiratory illness and cancer because of burning coal. If coal isn't dirty, then I need someone to explain to me why the people living next to it keep getting sick. We heard coal isn't expensive. Coal only looks cheap because we've been ignoring the real bill. The fuel itself may be low cost, but coal plants are expensive to operate and maintain, especially given that they are aging. When you factor in health care costs, environmental cleanup, climate damage, and climate damage, coal becomes one of the most expensive energy sources that we have. And in most markets today, wind and solar are cheaper than coal, even without subsidies, and they don't come with the same long-term liabilities. We've heard that closing coal plants will result in job loss or reliability concerns, so let's take both of those head-on. On jobs, yes, coal plant closures impact workers, and we owe those workers real support, pensions protected, job retraining, and pathways into new energy jobs. But the coal industry has been shrinking for decades due to automation and market forces not just policy On reliability the grid is already transitioning Utilities are replacing coal with a mix of renewables storage and dispatchable backup Many coal plants are closing because they're no longer reliable or cost-effective. Keeping outdated coal plants running raises costs for ratepayers and delays investment in modern, resilient infrastructure. If you are aware of or have reviewed Colorado's climate goals, you would know that Colorado is on track to have all of our coal-fired plants retired by 2030. And I think that we need to talk about the impact of these 202C orders because they're forcing ratepayers to continue to prop up aging, expensive coal plants long past their economic life. By keeping these plants online, utilities are passing on higher fuel maintenance and compliance costs directly onto families and small businesses through their bills. And the point is, it's not their choice. They are being forced by the federal government to continue to keep these plants online. Worse, ratepayers are paying twice. Once to keep outdated coal running and again to invest in the cleaner, cheaper energy system we actually need. That is not reliability. that is inefficiency and higher costs baked into policy. If we care about affordability as we say that we do, we should focus on accelerating the transition to lower cost energy, not locking people into paying more for yesterday's technology. I ask for a yes vote.

Representative Soperassemblymember

Representative DeGraf.

DeGrafother

Sorry, Mr. Chair, I didn't get all of that. But again, I just wanted to tell everybody, and the sponsor demonstrated, climate goals do not exist. Climate goals do not exist. What the sponsor referenced was carbon goals. Now, carbon goals are different than climate goals. because, for instance, in this room, with all the hot air generated, the parts per million in this room are probably upwards of 2,500. So we're at about a 500% increase over normal. So plants would actually do very well in this environment. I mean, if Larry Don could capture this CO2 over his fields, then we would be in good shape. So, again, I just wanted to note that I do appreciate the sponsors confirming that we have no climate goals. And I broke down what those carbon goals actually equate to at the very, very, very high end. And now, in reality, the 00.125 degrees Celsius is probably at least 100 times, if not 1,000 times, too high. But I am willing to just go and say, look, let's compromise. We're friends. Let's compromise and just say, okay, if we amplify the effect of CO2 by 1,000 times, it is still 0.00125 degrees Celsius. That's it. Now, if you look at the logarithmic effect, which is the natural log, 5.35, I think it is, times the natural log of the old CO2, let's say it's 420, over the 415. Now we know from science that it would take probably at least five decades of net zero Five decades of net zero That would eliminate about three of the global population So let me reiterate that. We're talking about net zero, four decades, killing 7 billion people, basically reducing us to a subsistence existence. 7 billion people. Now, at some point, I just think that's the goal. So in order to decrease it by five parts per million, science, we know from science, so that would actually decrease it. It's about 1,000 times less than that. So 5.35 natural log of 420 minus natural log of 415 or something like that. So that is the science of carbon dioxide. Methane is a lot less. methane doesn't even show up the only place it shows up is if you get rid of water vapor and you're never going to get rid of water vapor because while you're breathing out 40,000 parts per million of carbon dioxide you're also breathing out water vapor and that's where the energy if you go to a humid place like Florida and you compare 80 degrees in Florida to 80 degrees in Colorado you know that the energy is maintained and contained in water vapor So again, I appreciate the sponsors confirming that there are no climate goals, that the citizens of Colorado have been bilked for $15,000 per family so far, and will probably be bilked for another $75,000 because it makes some people feel good, especially the investor-focused utilities, the payoffs for the investors of the investor-focused utilities. It's going to make them a lot of money. It's going to cost the citizens of Colorado a lot of money It's going to destroy a lot of the ecology of Colorado and it's going to accomplish Less than 0.00125 degrees Celsius the sponsors confirmed it Plant maintenance is a lot cheaper than solar plant maintenance these these coal plants lasted Some of them lasted basically a hundred years. They just need maintenance just like your car solar panels they're going to last maybe 20 years or until they get walloped by the thunderstorm hail that they generate. So then you have not only that, that has to be replaced because these cover acres and acres of, thousands of acres of land, and they can be wiped out by one single storm that then creates all kinds of shards of toxic hazmat in the ground, making it largely unfit for anything at that point. then if you're not going to clean that up, then you have to just replace it with more solar panels that are also going to be walloped. So, again, citizens of Colorado, you will be continued to be built for this superstition as long as you vote for it.

Representative Soperassemblymember

Representative Sucla.

Suclaother

Thank you, Mr. Chair. So I heard something by the sponsors where they said that all of the coal plants would be done closed by 30-30. And I hope that that doesn't also include coal mines because in Hespers, Colorado, we have an underground coal mine that is not used to generate electricity. It is used to make cement in Mexico, and it's a special coal that has such high BTUs that they said that that coal would burn down a coal plant that generates electricity. Anyway, they mine it, they put it, they haul it to Gallup New Mexico they put it on a train they haul it to Mexico and then they use this special coal to make some of the best concrete in the world and then they ship the cement back to build all of our affordable housing. So I hope that when I heard about the closure of coal plants, that didn't include the closure of coal mines, because I have 70 constituents that have some of the highest paying jobs of where I live that work in that coal mine. Thank you.

Representative Soperassemblymember

Any further discussion on 13-12-26? Seeing none, members, the question before us is the passage of House Bill 1226. All in favor say aye. Aye. All opposed, no. No. The ayes clearly have it. 1226 is passed. Mr. Sheebel, please read the title of House Bill 1343.

Representative Brownassemblymember

House Bill 1343 by Representatives Morrow and Clifford concerning expanding the use of electronic processes and proceedings involving administrative determinations and in connection therewith, expanding the use of electronic filing related to the competency of criminal defendants and in state administrative procedure act proceedings.

Representative Soperassemblymember

Representative Morrow.

Morrowother

Thank you, Mr. Chair. I move House Bill 1343 in the committee report.

Representative Soperassemblymember

To the Appropriations Committee report.

Morrowother

Thank you, Madam Chair. We have a zero fiscal note, and we ask for an aye vote on the Appropriations Committee Report.

Representative Soperassemblymember

Mr. Chair. Thank you. Is there any further discussion on the Appropriations Committee Report? Seeing none, members, the question before us is the adoption of the Appropriations Committee Report. All in favor say aye. Aye. All opposed, no. The ayes have it. The Committee Report is passed. To the bill, Representative Clifford.

Cliffordother

Thank you, Mr. Chair. This bill is making sure that we have ease of access for electronic filing for different administrative processes in the state court system. And this was a very meticulous bill that has been stake-held and stake-held, and we urge an aye vote.

Representative Soperassemblymember

Any further discussion? Seeing none, members, the question before us is the passage of House Bill 1343. All in favor say aye. Aye. All opposed, no. The ayes have it. 1343 is passed. Mr. Schiebel, please read the title of 1342.

Representative Brownassemblymember

House Bill 1342 by Representatives Stuart Cain-Lukins, also Senator Marchman, concerning negligent behavior that lures bears.

Representative Soperassemblymember

Representative Stewart.

Stewartother

Thank you, Mr. Chair. It is definitely a pleasure to serve with you.

Representative Soperassemblymember

It is most definitely a pleasure to serve with you, Representative.

Stewartother

I move House Bill 1342 and the committee report.

Representative Soperassemblymember

To the Agriculture, Water, and Natural Resources Committee report.

Stewartother

Representative Lukens. Thank you, Mr. Chair. Before we get into the committee report, I would actually like to amend the committee report. So I move Amendment L4 to the Agriculture Committee report and ask that it be properly displayed.

Representative Soperassemblymember

Please give us a moment to properly display the amendment. Please tell us about L004, Representative Lukens.

Lukensother

Thank you, Mr. Chair. This amendment is being brought forward in response to continued stakeholding who worry that criminal negligence is too low of a bar for this violation and wish to raise the culpable mental state too knowingly. While this is a higher bar than originally contemplated under the bill and will result in fewer prosecutions, it is still a significant improvement over current statute, and we ask for your yes vote on this amendment.

Representative Soperassemblymember

Members, is there any further discussion on L-004? Seeing none, the question before us is the adoption of Amendment L-004. All in favor say aye. Aye. All opposed, no. The ayes have it. L-004 is passed. Back to the committee report.

Lukensother

Representative Lukens. Thank you, Mr. Chair. In the Agriculture Committee, we brought forward a few amendments that were developed in collaboration during stakeholder regarding ambiguity in regards to prosecution. And so we fixed that to make it more clear. The purpose was to ensure that there's a clear understanding of how to prosecute the law, and we asked for your yes vote on the Agriculture Committee report as amended.

Representative Soperassemblymember

Any further discussion on the committee report? Seeing none, members, the question before us is the adoption of the committee report as amended. All in favor say aye. Aye. All opposed, no. So the ayes have it. The committee report as amended is passed. To the bill, Representative Stewart.

Lukensother

Thank you, Mr. Chair. This bill is very important in my neck of the woods. You like that, neck of the woods? Bears are a thing. We have many, many interactions with them in rural Colorado. Plata County, one of the counties I represent, is responsible for 12% of human-bear conflict in the state. So this gives CPW and responding law enforcement officers more tools in the toolbox to address this human-bear conflict issue because, as I have said before and I'll say it again, we've done all we can to educate the bears. Now we need to do more to educate the humans. Representative Lukens. Thank you, Mr. Chair. This bill is in relation to the immense strain on CPW when it regards to human-bear conflict. We have a high volume of tourism, especially on the Western Slope, and are seeing increased development, which is exacerbating human-bear conflicts. So we ask for your yes vote on House Bill 1342.

Representative Soperassemblymember

Any further discussion? Representative Johnson.

Johnsonother

Thank you, Mr. Chair. And I do want to say thanks to the sponsors because they do represent their districts very well. And I understand that in bear country, this is a very needed bill. We heard a lot of testimony. Some of the questions I asked in committee because this bill does strike the shall, that they're no longer requiring the warning aspect in this. I did pose, well, in some areas that are not bear country but might see bears. I know in House District 63, we see about one to two bears annually. And so moving that striking the shell does add confusion for the boots on the ground, the officers, both in CPW and the sheriffs and the police departments, on whether they can still write a warning or not. I've heard from boots on the ground often that they've sometimes been in trouble because of writing a warning when they were supposed to write a citation or writing a citation when they should have written a warning because these laws are happening and changing so much. And it's all dependent on sometimes how leadership decides that they want to acknowledge it and understand that different counties might read legislation differently. So what's happening in one county and how it's read is going to be different in another county. And so very much did work with the department and tried to talk about how maybe in a statue can we put in May that we're giving the authority back to law enforcement so this is not a one size fits all solution, but it really is benefiting the counties and the districts who have bears, but it also not hurting or adding confusion to the counties that don have bears I was told this might conflict with some statues already in place but I still want to make sure that we are giving the boots on the ground officers who do this work all the time the clarity they need so they can perform their jobs with confidence. And with that, I move L-005 to House Bill 1342 and ask that it be properly displayed.

Representative Soperassemblymember

That's a proper motion. Please give us a moment to display L-005. Representative Johnson, to the amendment.

Johnsonother

Thank you, Mr. Chair. As I said when I was doing the ongoing stakeholding, they said that changing something in statute might add confusion to other statutes. But that's why I decided to move to a ledge deck. This amendment adds into the legislative deck, not the statutory provisions, that nothing in this act is intended to prevent peace officers, including Colorado wildlife officers, from exercising discretion to issue a warning in a place of a citation when appropriate. This is adding it so that way if someone had a question, especially those in non-Bear countries, like in the Eastern Plains, that they can go and look at this bill and say, oh, here's the clarity. I am still allowed to do a warning because we're not aware of how to handle Bears like on the Western Slope. But it does not change anything in statute. It does not offer any conflicting in statutes. Avoids that. And I would ask for clarity for those who are boots on the ground in all aspects of the state. Let's give it to them by saying that they still have that power based on local control and discretion over law enforcement, I urge a yes vote.

Chair Sochair

Representative Barone. Thank you, Mr. Chair. I rise in support of this amendment simply because of the fact that this morning I found out that the good representative from Fort Morgan said that she sees about two bears a year. I have never seen a bear in my district, and for a bear to go from the mountains to her district, the bear would have to cross my district. So I believe that this is a good amendment to be able to protect the people of our districts from probably getting a citation when they shouldn't be getting a citation. We don't really deal with bears very often. So if it happens to a bear happens to go through my district and it goes into a trash can that wasn't protected or covered. This will allow the local law enforcement to issue a warning instead of a citation simply because of the fact that you know what we don't see bears and we didn't know bears gonna come through our trash. So I urge an aye vote on this amendment. Representative Sukla.

Representative Garcia Sanderassemblymember

Thank you, Chair. So bear with me because I can barely contain my excitement for this bill. Anyway, this is a good amendment, and this is the reason why it's a good amendment. The bill was brought forth by the Colorado Department of Wildlife, which I think should be illegal in the first place. Why they need a warning. Do you realize that if you put a hummingbird feeder up, you're not going to get a warning, you're going to get a $5,000 fine if that wildlife officer decides so. If you feed your cats and you have that cat food, which bears love, you could get a $5,000 fine with this. And that's why, again, that this is a good amendment. it. Where I live, one of the biggest problems that we have in our landfills is methane. And one of the solutions to have less methane in your landfills which actually gets a lot of bears is less food waste Because food waste is what called something called lychee and lychee is what creates methane in your landfills So with this here, what we have been directing our constituents to do, where I live, is to use the food waste for your gardens for a compost. Now you could be fined up to $5,000 for that. And then we need to get back to why are the bears coming into town in the first place? Drought has a big influence on that. If their native food is not available in the mountains, then they're going to come to where there is food. The other reason that they're coming to town, because we banned where you could hunt the bears with bait, or that you could hunt the bears with dogs. And when that happened, and I asked the Division of Wildlife, well, how many bears do we have now than when we had before that law was enacted? He couldn't answer, but I can answer it for you because I see bears where I live every year. Every year, we have got bears everywhere. And to be able now to say that we're going to have a bill that you can find one of my constituents $5,000 because they put a hummingbird feeder up that they want to feed the hummingbirds, which bears love, hummingbird feeders, the nectar out of them, by the way, is going to hurt my constituents. That's why I think this is a bad bill. Let us keep our landfills, the leach out of them, by using our food waste for compost instead of putting it in our landfills. This doesn't make any sense. This is a bad bill, and we should vote no. And this is a good amendment, and we should vote yes.

Baroneother

Representative Sopere.

Representative Soperassemblymember

Merci, Mr. Chair.

Baroneother

Darion, Representative.

Representative Soperassemblymember

Oh, thank you.

Baroneother

I wanted to come down here and talk about this bill. This was one I had talked with CPW about and ultimately couldn't get there. And that's because in my district, which is Delta and Mesa counties, we have a lot of bear conflicts, bear human conflicts. I've recently learned Colorado is now the leader in the United States for human bear conflicts. throughout our sister states. And a lot of that is because it's hard to shoot a bear. I mean, we do have a fall bear hunt. We got rid of the spring bear hunt a few years ago. We got rid of the baiting and luring of a bear. But bears are very hard to hunt. I've gone bear hunting at least four or five times now. I have never harvested a bear because bears are really quiet. They may be big animals, but they can definitely get around you quite quickly. I am quite concerned because I represent the majority of Colorado's orchard industry. And for those of you who know the orchard industry or any agricultural production, you know that there's always going to be a dump site, a place where, for example, there's peaches that are dumped as you're clearing through the orchard, other wastes like that. And bears are attracted to that. And so they will follow that smell. And that's a perfect place for a hunter to be able to shoot a bear. But the purpose of the dump site was not to lure the bear. It was actually to get rid of the organic waste that had accumulated on the farm or the orchard And it important that we think about this in terms of I don want that farmer to now be on the hook for possibly a fine And I know that agriculture is specifically exempted within the bill and I appreciate that But I will say that doesn't mean I'm not fearful of just because an exemption is within the bill doesn't mean that I'm not a little bit worried about a scenario in which you could have bears being attracted to a site but for some reason it's farming, but maybe they don't pay their correct tax paperwork. And so the state may not consider them a farm, but yet the look and feel is still a farm. So those are the issues that I have with this bill. I'll be a respectful no here, but I just can't get behind this bill because, quite frankly, we have way too many bears in Colorado. Oh, yeah, and on the amendment, because the amendment is something that does help make the bill something better. You know, the amendment is a really, really good amendment, members.

Representative Soperassemblymember

Profound, Representative Silver. Thank you, Mr. Chair.

Baroneother

the amendment you know as i was getting to in my preamble really does help clarify a lot of the issues that i have with this bill which i talked about we should be able to encourage parks and wildlife to issue a warning and it's because of this amendment that we can actually come together and say this help makes it a little bit better, even if some of us can't quite get there, making it better is important.

Representative Soperassemblymember

Thank you. Representative Bradley.

Bradleyother

Thank you, Mr. Chair. I rise in support of this amendment too, and I just wanted to do some comparison about what we charge misdemeanors for in the state of Colorado. So let's talk about things that people don't get misdemeanors for. Minor traffic violations, these are all civil infractions are petty offenses and why this amendment would help kind of clean up this bill. You get a civil infraction if you're speeding, if you run a stop sign or a red light, failure to signal, expired registration, low-level municipal offenses. These are many city-level violations which are non-criminal, noise complaints, open container in some jurisdictions, park rule violations, minor code enforcement issues. In some Colorado cities, an ordinance violation is a camping ban, sleeping in certain public areas, minor park violations. Citations or civil penalties are dog at large, failure to license a pet, minor leash law violations. And then civil penalties, not misdemeanors, are tall weeds or fire hazard compliance, trash or debris issues, HOA-type municipal violations. So this would kind of fall under this amendment. Why are we not making it a citation? What happens when a windstorm blows over a trash can and attracts a bear? I live on four acres. It is very windy in the foothills. You're going to have neighbor-on-neighbor disputes, retaliation. We're seeing it all. We have retaliation of neighbors on flags, for goodness sakes. Now if they can file a misdemeanor against their neighbor, these are the unintended consequences. and what about rental properties with multiple roommates and one of the roommates forgets to put up the trash? Who's getting the violation? Who's getting the misdemeanor? It becomes a he said, she said. Bird We compost our garden. We live on four acres. We have wildlife. This is a great amendment for the unintended consequences of the bills that we typically pass in here. Short-term rental owners, BRBs, VRBOs in our state that have multiple guests going in and out. Does the VRBO get fined? Did they then pass the fine on or the misdemeanor on to the guest that was staying there when the bear came? There's so much going on. This amendment would help clean this up. For goodness sake, we don't even give misdemeanors to people running through red lights. Why are we giving misdemeanors to the unintended consequences and the people that are actually good actors that made a mistake? Say yes to this amendment.

Chair Sochair

Representative Garcia-Sander. Thank you, Mr. Chair. So part of my district is represented in Larimer County, which does have a lot of mountainous area and bears. And I sent this bill to the sheriff, and I just said, tell me what you think about this proposed law. So he came back with this scenario. Current law, you purposely put food products out to intentionally draw on the bear. And that's what our current law says. But the proposed law, here's, picture this. You're at your cabin in Redfeather Lakes. You stand next to your outdoor grill and open a package of chicken breasts to grill. There's an open trash can next to you where you throw away the packaging and the extra chicken fat you cut from the chicken breast. You forget to bring the trash in with you or put it in the garage after your meal, and a bear later finds it. You can be charged with negligently luring the bear because everyone in Colorado should know that leaving chicken smelling garbage in the open is not wise. Even though it wasn't your intent to lure the bear, you just committed a misdemeanor. leaving chicken out accidentally just became the same level of crime and penalty as DUI and some assaults. That seems like not quite equivalent, I guess. So this amendment, I think, is really important because it allows that law enforcement to give some discretion so that if it was not intentional, you accidentally just left some chicken fat that you cut away from your chicken breasts from the grill, you forgot to bring it in at night because you were having a good time with friends, it was a late night, you roasted your marshmallows and weenies, you came in, fell asleep, and if a bear gets into it, you just committed a crime that's equivalent to a DUI or an assault. that doesn't seem like it should be the same level of consequence. So this amendment, I think, would prevent that. So good amendment vote yes.

Lukensother

Representative Stewart. Thank you, Mr. Chair. Let me clarify a few things. First of all, we just changed the intent from negligently to knowingly. so that changes quite a bit to alleviate the concerns of law enforcement. Ag is exempted. Orchards are exempted. All ag producers are exempted. Hummingbird feeders do not count This is at the discretion of law enforcement so if they show up and they feel that you need a warning they can still issue that warning What this bill does is it aligns all of the statute across DNR CPW for human-wildlife interactions. All the other animals, you can issue a citation without a warning. What CPW is asking us, what law enforcement is asking us to do, let me say this again, what law enforcement is asking us to do is give them another tool in the toolbox because we had over 5,000 human-bear interactions in 2024. 98 of those bears were euthanized. Over 50% of this had to do with trash. So, again, we can't educate the bears anymore than we already have, but we can educate the humans. So let's talk about what this bill does and what it doesn't do. It doesn't issue a $5,000 fine because you forgot to take your chicken fat in. Okay? What it does do is it allows the responding officer to come out. Maybe you get a warning. Maybe you get a citation, and that first citation is $200, dollars, not five thousand. Did I cover everything? I think we're good. Okay, any further discussion on

Representative Soperassemblymember

the amendment? Representative Johnson. Thank you, Mr. Chair, and I fully acknowledge the law

Johnsonother

enforcement on the western slope and in bear countries do want this. I'm coming from seven counties. I've talked to at least half of my counties and some sheriffs in other counties along the eastern plains that say they want clarity. My amendment's just offering that clarity. be clear colleagues, this is not affecting the statute. This will not be in the statute. It's if they Google this bill because they've stopped and this has just been updated, they can look at the ledge deck and say, we still have the authority to issue a warning. This is for, and I hear the sponsors on the side saying it is already there, but I've had people boots on the ground that lacked this clarity because the bills that we put through are going so fast and there are so many laws to keep in the mind of our law enforcement. Mind you, they are still human and they do like to look at things and statues are confusing to have the ability to look at an updated law that came from a bill and just see clear uh definity when they look at it and say i still have the ability to offer a warning that's all we're asking i know this bill is desperately needed in bear country highly respect that area but folks this also will affect other areas in the state and we're just asking and i do like the bill aside from it's going to leave some of my folks in the eastern plains with confusion all we're asking is while we're fixing one area and addressing the bears, we're not leaving others confused. And to make this a more holistic approach that does benefit what it needs to do without harming those who only see a bear once or twice in a year, and they would have to look at this because they won't be as adapt to the language of enforcing this because they don't do it as often. That's all we're asking. And yes, I get that some law enforcement have asked for this. Other law enforcement have asked for more clarity. Right now, my understanding is the sheriff's organization and monitor because of this conflict between law enforcement. So all I'm asking, friends, is just that while we're looking at one area in the issue, let's just add in. It's more like a belt and suspender issue, just for clarity so we know what we're doing in areas that don't affect bears. I urge a yes on the amendment.

Garciaother

Representative Slaw. Thank you, Mr. Chair, and thank you to the representatives for bringing this, and thanks to my other representative from Weld County and a bunch of other counties that I will not list. but yesterday there was some confusion for which counties I represented And I have Weld County as most of my district but I do have a small piece of my district that is in Larimer County And that piece of my district has been increasingly over the last 10 years or so having bears in the town of Berthoud and in the country around the town. And so I also urge an I vote on the amendment because I do think it is important just for the clarity, knowing that this would be new territory of having these bear problems. in some of the western sides of my district and that there would be some confusion or some concerns, and I would hate for myself even to have a problem where, and we've talked about people have beehives. Sometimes that draws in bears, and then the next thing, we have somebody who left things out and negligently brought some bears in closer. So I think this just adds some clarity.

Representative Soperassemblymember

I do like that. I urge an aye vote on the amendment. Thank you. Any further discussion on L005? Seeing none. Members, the question before us is the adoption of Amendment L005. All in favor say aye. Aye. All opposed, no. No. The no's have it. L005 is lost. Back to the bill. Any further discussion? Representative Luck.

Representative Luckassemblymember

Thank you, Mr. Chair. I just thought that it might be fun to add a bit of joy to this particular conversation. And so I move Amendment L006 and ask that it be displayed.

Representative Soperassemblymember

Please pause while we display the amendment. Representative Luck, please tell us about L006.

Representative Luckassemblymember

Thank you, Mr. Chair. I can tell by your face that you are delighted by this amendment.

Representative Soperassemblymember

I most certainly am.

Representative Luckassemblymember

Good. Good to see that. So this amendment just simply names the act the Winnie and Yogi Act, right? Winnie the Pooh, up, down, turn around, in the mood for food because he loves honey. and Yogi Bear, right? And his pick-a-nick-a-basket. I don't do, I'm sorry. Somebody else can talk about boo-boo. But anyways, I just thought that it would be, this is the best time for us to add a bit of levity to this conversation, bring some joy and laughter to the chamber, which has been accomplished. And so unless the bill sponsors wanted to speak to this, I will withdraw it.

Lukensother

Representative Lukens. Thank you, Mr. Chair. Thank you so much. Respectfully, at this moment, I find this amendment unbearable. It's not your average amendment.

Representative Soperassemblymember

Representative Luck.

Representative Luckassemblymember

Thank you, Mr. Chair. Thank you both for getting in on the action. I do withdraw the amendment.

Representative Soperassemblymember

Thank you for clawing it back. L-006 is withdrawn. Any further discussion on House Bill 1342? Seeing none, members, the question before us is the passage of House Bill 1342. All in favor say aye. Aye. All opposed, no. The ayes have it. 1342 is passed. Mr. Schiebel, please read the title of House Bill 1344.

Representative Brownassemblymember

House Bill 1344 by Representatives Stuart Kaye and Bradfield, also Senator Lindstedt, Concerning the continuation of the Colorado Podiatry Board and connection therewith, implementing the recommendation of the 2025 Sunset Report by the Department of Regulatory Agencies to require podiatrists to develop a written plan to ensure the security of patient medical records Representative Kay Stewart Thank you Mr Chair

Representative Lindsayassemblymember

I move House Bill 1344 in the appropriation...

Representative Brownassemblymember

No committee report to the bill.

Representative Lindsayassemblymember

No committee report? Oh, okay. All right, well, shoot, let's just start off on the right foot here. Huh? Huh? Oh! Okay. Oh, thank you. This is the podiatry sunset. We did not take one of Dora's recommendations at the request of all the stakeholders, except for Dora. Sorry, Dora. So I will pass it over to Brett Bradfield. She's amazing.

Representative Soperassemblymember

Representative Bradfield.

Representative Lindsayassemblymember

Thank you, Mr. Chair. The podiatry profession requested that they keep the same organization structure that they have had for quite a few years, and that would be they have their own board, that they not take Dora's suggestion of becoming a part of the Colorado Medical Board. And that was what we agreed to. But Dora also said now to the Podiatry Association, you need to work on one thing, and that is to develop a written plan to ensure the security of your patient records. The Podiatry Board approved that, said yes, we can do that. Hence, we are here today to bring this bill out of sunset and into the light. so that your feet can walk a mile or more. Yes. And so we ask for an aye vote on House Bill 1344.

Representative Soperassemblymember

Any further discussion on House Bill 1344? Seeing none, members, the question before us is the passage of House Bill 1344. All in favor, say aye. Aye. All opposed, no. The ayes have it. 1344 is passed. Mr. Schiebel, before I leave, please read the title of House Bill 1052.

Representative Brownassemblymember

House Bill 1052 by Representatives Woog and Stewart R. Concerning changes to the Victim Rights Act.

Representative Soperassemblymember

Representative Stewart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. I move House Bill 1052 and the Appropriations Committee report.

Representative Soperassemblymember

And Judiciary Committee report. To the Appropriations Committee report. Representative Stewart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. The Judiciary Committee report.

Representative Soperassemblymember

Oh, we're on the, I'm sorry, Rep Stewart, we're on the approves report first, yeah.

Representative Lindsayassemblymember

Sorry, that's what I was speaking to also. In the Appropriations Committee, we amended the bill to eliminate the right to retesting, which eliminated the fiscal note, and I had asked for an aye vote.

Representative Soperassemblymember

Seeing no further discussion in the Appropriations Committee report, The question before us is the adoption of the Appropriations Committee report to House Bill 1052. All those in favor say aye. All those opposed, no. The report is adopted. To the Judiciary Report. Representative Stewart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. We would ask for a yes vote on the Judiciary Committee report. That was a very, very long time ago, but we did offer some technical amendments around the restitution records and a couple of clarifying amendments around preferred name, and we would ask for an aye vote.

Representative Soperassemblymember

Seeing no further discussion, the question before us is the adoption of the Appropriations Committee report to judicial. Committee report to House Bill 1052. All those in favor say aye. Aye. All those opposed no. The Judiciary Report is adopted. We are to the bill. Representative Woog.

Representative Lindsayassemblymember

Thank you, Mr. Chair or Pro Tem Speaker, whatever title is proper. So this House Bill 1052, it is a victim's rights cleanup bill. And just to give a little background, Colorado passed the Victim Rights Act as a constitutional amendment in 1992 with an overwhelming 80% of the vote. The Constitutional Amendment's legislative declaration makes clear the intent is to ensure all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants. The VRA amendment and accompanying statutes sets the expectations for engaging and supporting victims of crime throughout the criminal justice process. When victims' rights are prioritized and upheld, it sends a powerful message that victims are valuable members of society who deserve to be heard. It increases the likelihood of reporting crimes, breaks the cycle of silence, and ensures we have a fair legal system that acknowledges the harm caused and promotes healing. Colorado's Victim Rights Act is upheld by law enforcement agencies, district attorney offices, the courts, probation, Department of Corrections, the parole board, the Department of Human Services, and the state hospital. We thank these departments and the many advocates in these agencies for upholding victim rights and working diligently to support victims and survivors of crime. We also thank the many system-based and community-based victim advocates who work tirelessly to provide services and support to victims of crime and survivors. We continue to uplift victim rights and policy changes like the one before you today. These policy changes address necessary changes to the Victim Rights Act to uphold victim rights and comply with the spirit of our 1992 constitutional amendment.

Representative Soperassemblymember

Representative Stewart.

Representative Lindsayassemblymember

Thank you, Mr. Chair. Our bill makes the following updates and changes to the VRA. Last year, the legislature passed House Bill 25-1275, which created a new notification to victims of crime and court hearings to address crime lab employee misconduct. However, the notifications required by HB 1275 were not aligned with the VRA notification process, and so we correct those issues in this bill. The bill also aligns notifications outlined in 1275 with the usual process for VRA notifications by removing the requirement that notification be done via certified mail or personal service to notifying victims through phone or email communications. Additionally, the bill makes the determination that forensic misconduct by a lab employee is a critical stage so that a victim or survivor will be notified in the wrongful action. It provides the right to be heard in any evidentiary hearing on post-conviction relief if there was wrongful action, provides the right to be heard in restitution assessment hearings, and allows victims to request the use of a victim's preferred name, abbreviation, pseudonym, or initials. And we would ask for an aye vote.

Representative Soperassemblymember

Seeing no further discussion, the question before us is the adoption of House Bill 1052. All those in favor say aye. Aye. All those opposed, no. House Bill 1052 is adopted.

Johnsonother

Madam Majority Leader. Thank you Mr Speaker Pro Tem I move the committee rise and report Members you heard the motion Seeing no objection the committee will rise and report

Representative Lindsayassemblymember

Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you.

Representative Soperassemblymember

The House will come back to order. Mr. Schiebel, please read the report of the Committee of the Whole.

Representative Brownassemblymember

Madam Speaker, your Committee of the Whole begs the leave of the report as under consideration of the following attached bills, being the second reading that I've ever met, the following recommendations are on. House Bill 1028 is amended, 1052 is amended, 1143 is amended, 1226 is amended, 1283 is amended, 1342 is amended, 1343 is amended, and 1344. Pass on second reading. Order in gross and place on the calendar for third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Speaker Pro Tem Basinecker. Members, you have heard the motion. We have one amendment at the desk. Mr. Schiebel, please read the Taggart amendment to the Committee of the Whole report.

Representative Brownassemblymember

Representative Taggart moved to amend the Port of the Committee of the Whole to reverse the action taken by the committee and not adopting the following Bradley Amendment, L-8 to House Bill 1143, to show that said amendment passed that House Bill 1143 is amended passed.

Chair Sochair

Representative Taggart. Thank you, Madam Speaker. It's an honor to serve with you. It is an honor to serve with you. This amendment focuses on two phrases or two components. One having to do with the Appropriations Committee Report and the second one having to do with the actual bill. So let me touch on the first component.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Representative Taggart, I might ask you to move the amendment first.

Chair Sochair

Oh, I'm sorry. I move amendment 001 to the committee of the...

Speaker Pro Tem Andrew Boeseneckerassemblymember

If you could move the Taggart amendment to the committee of the whole report. Sorry.

Chair Sochair

I move the Taggart amendment to the committee of the whole report.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Thank you, and it is properly displayed. Please proceed.

Chair Sochair

I apologize. No problem. So if you read, if you start with reading the committee report on appropriations, on page 2, line 3, it defines entity. And I'll read the component of that that's concerning. Entity means a state institution of higher education. Then if we go over to the bill itself, if you go to line 18, section 5A, it starts with an entity that does not accept an individual taxpayer identification number and then finishes is subject to a civil penalty of $2,000 for the first violation and $5,000 thereafter. We do not want to be in a situation where one of our departments is in fact inflicting fines on another agency of the state. That is a dangerous precedent. It is not necessary. A phone call, an email, a text could solve it. but putting over the top of it a civil penalty is not correct and it is not good business And how do we explain that to our taxpayers We going to say to our taxpayers we have dollars going between departments having to do with fines. Those are their dollars, not our dollars. A very simple conversation could suffice without a penalty. I'm not asking it to go away on other entities because they're not entities or agencies of the state. But our institutions of higher education are, and they're already scrapped, scrapping for every dollar they can have given our situation right now, and this certainly is not going to help. Thank you. I would ask you to vote yes on this amendment. Representative Ricks?

Speaker Pro Tem Andrew Boeseneckerassemblymember

Representative Ricks, we will stand in a brief recess. Thank you.

Representative Lindsayassemblymember

Thank you. Thank you Thank you The House will come back to order

Speaker Pro Tem Andrew Boeseneckerassemblymember

Members, we had a drafting error in the amendment that was presented, and Representative Taggart, I will need for you to withdraw. You don't need to speak again. Just withdraw the amendment and then move the correct amendment. I want to thank the eagle eyes of Representative Sirota for catching the error.

Chair Sochair

Representative Taggart. Thank you, Madam Speaker. I withdraw Amendment 001, and I move 002, the Taggart Amendment, to the report of the Committee of the Whole. Thank you. That will suffice. And please, let's not be in the habit of fining one another from different departments. That is not a good practice. Thank you.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Representative Ricks.

Representative Garcia Sanderassemblymember

Thank you, Madam Speaker. Members, this amendment is unnecessary. We have spoken with the universities for the past six weeks, working on every amendment to ensure that the language was perfect and just how they wanted it. So we have an agreement there with our coalition and the university. Also, we've talked with the AG. AG says there is no problem. They know how to deal with all of these issues if they were to arise. So we ask that you follow the sponsors and vote no on this amendment.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Seeing no further discussion, the motion before us is the adoption of the Taggart Amendment to the Committee of the Whole Report. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? No. Representative Lindsay votes no.

Representative Lindsayassemblymember

Bacon. And Zocci excused.

Speaker Pro Tem Andrew Boeseneckerassemblymember

AML Bacon, that'll be a $5 fine. Please close the machine. With 25 I, 38 no, and 2 excused, the amendment is lost. The motion before us is the adoption of the Committee of the Whole Report. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine. With 40 aye, 23 no, and 2 excuse, the Committee of the Whole report is adopted

Schiebelother

Madam Majority Leader Madam Speaker, I move to proceed out of order for third reading

Speaker Pro Tem Andrew Boeseneckerassemblymember

Seeing no objection, we will proceed out of order for third reading

Schiebelother

Madam Majority Leader

Representative Brownassemblymember

Madam Speaker I move to lay over Senate Bill 43 until tomorrow Seeing no objections Senate Bill 43 will be laid over until tomorrow Mr Schiebel please read the title to House Bill 1196 House Bill 1196 by Representatives English and Joseph, also Senator Benavidez, concerning tenant data information.

Schiebelother

Madam Majority Leader. Madam Speaker, I move House Bill 1196 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1196 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine. With 40 I, 23 no, and 2 excused, House Bill 1196 is adopted. Co-sponsors. please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to Senate Bill 144. Senate Bill 144 by Senators Frizzell and Lindstedt, also Representatives Winter and Camacho, concerning the collection of delinquent property taxes by tax lien sale and in connection therewith, modifying the structure and authority for treasurers to charge certain fees, amending the process for the sale of tax liens and recreating and reenacting with amendments the process of obtaining a treasurer's deed after public auction of a property subject to tax lien.

Schiebelother

Madam Majority Leader. Madam Speaker, I move Senate Bill 144 on third reading and final passage.

Baroneother

Representative Camacho. Madam Speaker, I move for permission to run a third reading amendment.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Please briefly explain.

Baroneother

Despite our very thorough stakeholding, we found a few issues that we've had with the bill, mainly as it relates to when you can purchase back a tax lien. In the bill we had a five, it was supposed to be seven, so this amendment would fix that. It would also clarify that, which was left out, that if you have a tax lien prior to the implementation of this bill, you'd be grandfathered in and would not fall under the new requirements. So for that, we ask for a yes vote. Seeing no further discussion, the question before the body

Speaker Pro Tem Andrew Boeseneckerassemblymember

is permission to run a third reading amendment on Senate Bill 144. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine. With 62 I, 1 no to excused, permission is granted.

Schiebelother

Representative Camacho Thank you Madam Speaker I move

Speaker Pro Tem Andrew Boeseneckerassemblymember

Madam Speaker

Schiebelother

L-009 to Senate Bill 144 and ask that it be properly displayed.

Speaker Pro Tem Andrew Boeseneckerassemblymember

It is properly displayed. Please proceed.

Schiebelother

Thank you, colleagues. As discussed in the previous request, this moves the time from five years to seven, which was intended to be in the original bill, and also adds the section in lines three through seven that you'd be grandfathered in despite the passage of this bill. We ask for a yes vote.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Seeing no further discussion, the motion before us is the adoption of L-009 to Senate Bill 144. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. to Grafen Luck. Please close the machine. With 62 I, one no to excused, Amendment L-009 is adopted.

Schiebelother

Madam Majority Leader. Madam Speaker, I move for the passage of Senate Bill 144 as amended.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of Senate Bill 144 as amended on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine with 61 I to no to excuse Senate Bill 144 as amended is adopted. Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to Senate Bill 109. Senate Bill 109 by Senators Exum and Cutter, also Representatives Joseph and Rex, concerning building code standards for accessible housing supported by public money.

Schiebelother

Madam Majority Leader. Madam Speaker, I move Senate Bill 109 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of Senate Bill 109 on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Representative Ricks, please close the machine with 41 I, 22 no and 2 excused. Senate Bill 109 is adopted. Co Please close the machine

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1290. House Bill 1290 by Representatives Hartzik and Dran, also Senators Roberts and Frizzell, concerning the criminal offense of assault and in connection therewith, clarifying sentencing.

Schiebelother

Madam Majority Leader Madam Speaker, I move House Bill 1290 on third reading and final passage

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1290 on third reading and final passage Mr. Schiebel, please open the machine and members proceed to vote Representative Lindsay, how do you vote? Yes Representative Lindsay votes yes please close the machine with 63 I 0 no and 2 excused House Bill 1290 is adopted co-sponsors Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1312. House Bill 1312 by Representative Clifford, also Senator Molica, concerning measures related to peace officer participation in matters related to peace officer performance and in connection therewith, requiring the Attorney General to submit a proposal to update law enforcement academic academy training programs, changing the composition of the post board, requiring a person to be 21 years or older to pass post board examinations for certification. and authorizing a Peace Officer Academy staff person to be eligible to receive training or grants for training offered by any state or local entity.

Schiebelother

Madam Majority Leader. Madam Speaker, I move House Bill 1312 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1312 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine. With 54I-9-No, 2 excused, House Bill 1312 is adopted. Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1321. House Bill 1321 by Representatives Stuart R. Hamrick, also Senator Cutter, concerning modification of the school security disbursement program.

Schiebelother

Madam Majority Leader. Madam Speaker, I move House Bill 1321 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1321 on third reading and final passage Mr Schiebel please open the machine and members proceed to vote Representative Lindsay how do you vote Yes. Representative Lindsay votes yes. Please close the machine. with 42 I, 21 no, and 2 excused. House Bill 1321 is adopted. Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1317. House Bill 1317 by Representatives McCluskey and Taggart, also Senators Bridges and Frizzell, concerning creating a unified system of post-secondary talent development and in connection therewith, creating a committee to develop a plan to transition oversight of workforce development programs to the Department of Higher Education.

Schiebelother

Madam Majority Leader. Madam Speaker, I move House Bill 1317 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1317 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Please close the machine. With 51 aye, 12 no, and 2 excused, House Bill 1317 is adopted. Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to Senate Bill 85. Senate Bill 85 by Senators Frizzell and Ball, also Representatives Durand and Hartzook, concerning military protection orders and a connection therewith, a peace officer's duty to determine whether a military protection order exists when responding to an incident of domestic violence and a requirement for the court to consider the existence of a military protection order as relevant evidence when determining whether to issue a temporary civil protection order.

Schiebelother

Madam Majority Leader. Madam Speaker, I move Senate Bill 85 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of Senate Bill 85 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Yes. please close the machine With 63 ayes, 0 no, and 2 excused, Senate Bill 85 is adopted. Co-sponsors. Please close the machine.

Schiebelother

Madam Majority Leader. Madam Speaker, I move to lay over Senate Bill 95 until tomorrow.

Speaker Pro Tem Andrew Boeseneckerassemblymember

Seeing no objections, Senate Bill 95 will be laid over until tomorrow. Mr. Schiebel, please read the title to Senate Bill 60.

Representative Brownassemblymember

Senate Bill 60 by Senators Pelton, Aaron Doherty, also representatives of Winter and Hamrick, concerning information about youth athlete mental health training and a connection therewith requiring mental health training for youth sports coaches and requiring the coaches to notify parents of possible mental health risks associated with concussions.

Schiebelother

Madam Majority Leader. Madam Speaker, I move Senate Bill 60 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of Senate Bill 60 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Richardson. Please close the machine. With 51 a.m., 12 no, and 2 excused, Senate Bill 60 is adopted. Co-sponsors. Representative Lindsay co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1075. House Bill 1075 by Representative Hamrick, also Senator Frizzell. Concerning increasing funding for county child welfare prevention services and in connection therewith, continuing the Colorado Child Abuse Prevention Trust Fund and the Colorado Child Abuse Prevention Board and making an appropriation.

Schiebelother

Madam Majority Leader. Madam Speaker, I move House Bill 1075 on third reading and final passage.

Speaker Pro Tem Andrew Boeseneckerassemblymember

The motion before us is the adoption of House Bill 1075 on third reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Soperassemblymember

Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes.

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Please close the machine. With 59 a.m. for no and 2 excused, House Bill 1075 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 153.

Representative Brownassemblymember

Senate Bill 153 by Senators Kolker and Simpson, also representatives Bacon and Martinez, concerning graduate academic requirements for a licensed school counselor and a connection there with establishing a minimum number of credit hours required for special services licensure with a school counselor endorsement.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move Senate Bill 153 on third reading and final

Representative Soperassemblymember

passage. The motion before us is the adoption of Senate Bill 153 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsey, how do you vote? Yes. Representative Lindsey votes yes. Flanelle Hartsook-Winter. Please close the machine. With 54 aye, 9 no, and 2 excuse, Senate Bill 153 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 83.

Representative Brownassemblymember

Senate Bill 83 by Senators Weissman and Frizzell, also Representatives Soper and Camacho, concerning implementation of the Committee on Legal Services, recommendations, and connection with legislative review of state agencies' rules.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move Senate Bill 83 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of Senate Bill 83 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 49I, 14 No and 2 Excuse, Senate Bill 83 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 19.

Representative Brownassemblymember

Senate Bill 19 by Senators Ball and Bright, also Representatives Sirota and Gonzales, concerning changes to local early childhood infrastructure and in connection therewith, expanding the responsibilities and functions of early childhood councils to include certain responsibilities and functions formally performed by local coordinating organizations and imposing new accountability requirements.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move Senate Bill 19 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of Senate Bill 19 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Carter and Flannell. please close the machine with 45 I 18 no and to excuse Senate Bill 19 is adopted co-sponsors representative Lindsay co-sponsors Please close the machine. Mr. Schiebel, please read the title to House Bill 1338.

Representative Brownassemblymember

House Bill 1338 by Representatives McCormick and Winter, also Senators Robertson-Simpson, concerning the Colorado Water Conservation Board operations and in connection therewith, funding projects and making an appropriation.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move House Bill 1338 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of House Bill 1338 on third reading and final passage. Representative Luck.

Luckother

Thank you, Madam Speaker. As in many of our districts, water is a hot topic. and I have found that my vote on this particular bill year over year has landed me in a bit of hot water and so I want to explain why I am regularly a no on this particular bill. On pages 3 and 4 we see in section 3 $500,000 being appropriated for the purpose of cloud seeding programs. cloud seeding programs to provide benefits to recreation streams and reservoirs through snowpack enhancement. I have a number of people in my district who are very concerned about cloud seeding programs and the long-term impact that that may have on our ecosystems. Weather modification has been a thing in the United States since the 1940s. it was used during the Vietnam War in fact there was a slogan make mud not war when they cloud in order to bring about greater monsoon seasons There has been a long-standing belief that the use of silver iodide is not actually harmful to our environments. But newer research is coming out to challenge that preconception. I have before here just one of the studies that is on PubMed that talks about the potential risk of acute toxicity induced by silver iodide cloud seeding on soil and freshwater biota. It seems that when we consider the impacts of silver iodide on the environment in a one-off, in the amount of quantity that it goes out in one particular seeding, that there doesn't seem to be much impact. However, this study and others are showing that it may actually affect, especially the phytoplankton, the microorganisms, when it is done over a period of time in similar areas, and it accumulates. Now I understand that it is insoluble and that there are those who say it doesn't actually build up, but more and more research is coming out to suggest that indeed it does have an impact, that there is an aquatic sensitivity, there is a showing of toxicity to aquatic plants and animals, and that bioaccumulation can occur in areas with repeated long-term exposure. Because there are people in my district who are very concerned about the long-range impacts of cloud seeding in our communities and putting this particular chemical out, I will remain a no until such thing is either fully disproved, and the science shows that, or it is taken out and we no longer fund it. Thank you.

Representative Soperassemblymember

Seeing no further discussion, the motion before us is the adoption of House Bill 1338 on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 54 aye, 9 no, and 2 excused House Bill 1338 is adopted Co-sponsors Representative Lindsay, co-sponsors Please close the machine. Mr Schiebel please read the title to House Bill 1078 House Bill 1078 by Representatives Smith and Hamrick also Senators Marchman and Kirkmeyer concerning increasing the number of off courses offered by institutions of higher education

Representative Brownassemblymember

to students in concurrent enrollment programs and in connection therewith, making and reducing an appropriation.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move House Bill 1078 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of House Bill 1078 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 53 I, 10 no and 2 excused, House Bill 1078 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1227.

Representative Brownassemblymember

House Bill 1227 by Representatives Gilchrist and Bradfield, also Senator Mullica, concerning affirming the rights of children and youth, independency and neglect proceedings.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move House Bill 1227 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of House Bill 1227 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Garcia Sander Weinberg Woodrow Please close the machine with 45 I 18 no and two excused House Bill 1227 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1298.

Representative Brownassemblymember

House Bill 1298 by Representatives Ryden and Kelty, also Senator Cutter, concerning the authority for criminal background checks for child welfare out of home placement providers and a connection that was making appropriation.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move House Bill 1298 on third reading and final passage.

Representative Soperassemblymember

The motion before us is the adoption of House Bill 1298. and third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Lindsayassemblymember

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Representative DeGraff. Please close the machine. With 63 ayes, 0 no and 2 excused, House Bill 1298 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1245.

Representative Brownassemblymember

House Bill 1245 by Representatives Kelty and English, also Senator Pelton R., concerning theft by contractors.

Representative Soperassemblymember

Madam Majority Leader.

Representative Lindsayassemblymember

Madam Speaker, I move House Bill 1245 on third reading and final passage.

Representative Soperassemblymember

Representative Marshall.

Chair Sochair

Thank you, Madam Speaker. It's an honor to serve with you. It is an honor to serve with you. Colleagues, I didn't speak on seconds, but the sponsor asked me to come up and speak after talking to them when they were counting votes. I sat on the committee where this was heard, and my knee-jerk response any time the DAs and sheriffs come in and wanted some special carve-out or twist is usually, to be blunt, I think we're dealing with lazy DAs that just don't want to do the – you can do voluntary manslaughter, involuntary manslaughter, second-degree murder, first-degree murder. You don't need an extra twist of fentanyl or something like that. So I thought this was what was going to be the pitch. but as I listened, there is a serious issue and there's things that fall through the cracks. So when people say, oh yeah, this is horrible, of course you can just charge theft. But in Colorado, the statute, theft occurs when a person knowingly obtains, retains or exercises control over another's property without authorization or via threat or deception. If you gave the person authorization and you hand them the money, the difficulty of trying to prove that's theft is astronomical. We said, oh, well, heck, you could just charge fraud. That also has serious issues of evidentiary issues. And so when we have so many lawyers who come up and say, ah, just charge theft and fraud, I really do wonder how many have actually tried white-collar fraud cases. It's not that easy. There's a reason they're never charged. There's a reason they take forever, trying to prove the mens rea. So give just an example. You have a contractor goes to someone's home, says, I'm going to do the job for $15,000, but I need up front to buy all the materials to rent some stuff from Home Depot and get this all done The homeowner like oh of course you right Here a check for The contractor goes down the street cashes the check at the person's bank, puts $5,000 cash in their pocket, then goes to lunch and uses 50 of that $5,000 for lunch. Then they go home. Rent's due. They pay $600 out of it. The next day, they go to another job they're working. They used that money to finish the job, $3,000 of that $5,000. The other homeowner they did the job for doesn't pay them immediately. Now they don't have the money. Where's the theft or fraud there? Can you determine? But who's out the money and who is damaged? The homeowner. we have laws for criminal negligence and when you're a fiduciary and I understand fiduciary is something very difficult to understand in this body but when you have fiduciaries and you put your hand in the till it's a crime we keep being told don't turn a contract dispute into a crime we need to look at it differently Don't turn a crime into a contract dispute. When these people are defrauded of their money, they are going to the sheriff's. It was the sheriff's who brought this and said, I can't do anything for them. I have to tell them it's just a contract dispute. If I get in a contract dispute and I have the contract, I don't go to the sheriff. I know it's a contract dispute. All these people that keep going to the police seeking relief, they congenitally, intrinsically know this is a crime. They took the money. And when we say, oh, well, it's a contract dispute, they took $5,000 for you, track them down. Hire an attorney for $10,000 to try and find them and sue them. That doesn't happen. The only relief they possibly can get is if we turn it into what it should be when you swipe someone else's money and don't give it back. We're not talking about debtor's prison. We're talking about someone being handed money for a specific purpose and they use it for something else, or they just flat out disappear. So again, sometimes we need to look more at who we're trying to protect. And I think this is an appropriate way to honor that for all our constituents. Thank you.

Representative Soperassemblymember

Representative Mabry.

Representative Javier Mabreyassemblymember

Thank you, Madam Speaker. So at the outset, I just want to recognize we keep hearing from the bill sponsors over and over again that this doesn't create a new crime. The person that just spoke in favor of this bill said that that's why they are supporting it. And I disagree. I disagree that we should be turning a contract dispute into something that is criminal, especially in this context. even think about how it was just framed. The people who work in this industry, a significant part of Colorado's construction workforce is made up of immigrants, contractors, subcontractors, independent tradespeople We are going to be putting them in a position where they are in a dispute about the scope of a project where they could be facing a criminal charge where maybe they complaining about being paid or not being paid and another tool in the hand of their employers is the ability to press criminal charges. and here's the part that should trouble everyone. On the consumer side, somebody who is hiring somebody could be acting in bad faith. We've all seen it. A homeowner changes the scope of a project midway through, refuses to pay. A developer invents defects to avoid final payment. A client decides after the materials are bought and the crew is mobilized that they would rather keep their money. Under current law, these are civil disputes. They should remain civil disputes. Please vote no on this bill.

Representative Soperassemblymember

Representative Espinoza. Representative Zocay.

Representative Garcia Sanderassemblymember

Thank you, Madam Speaker. My colleague and I are here to ask you to vote no on this bill. We certainly believe in making people whole, but there are many avenues that somebody can go through to get that. They can go through a breach of contract claims, through fraud claims, and there are multiple ways to recover damages when there is a contract dispute. What this bill is doing is making that contract dispute into a crime and tying project delays or non-performance to showing criminal intent. And as somebody who runs bills that do add civil liability, I will say that whenever we talk about this issue and talk about increased penalties, we are told in this building that we'll never build a home again in the state of Colorado. And now we're here discussing adding criminal prosecution into those debates, into those negotiations. And truly, it doesn't matter how much this bill can be shored up or amended to show different intent requirements. What happens in reality, as my good defense attorney colleague will tell you, is that plaintiffs will bring all the claims that they can when there is a contract dispute and when there are negotiations. And in those negotiations, we are now adding the threat of criminal prosecution against a defendant who potentially has far less resources to defend themselves. I think we all agree that there are bad actors and that we need to do our part to hold them accountable, but turning a contract dispute into a crime is not the way to do so. And I urge a no vote on this bill.

Representative Soperassemblymember

Representative Camacho.

Camachoother

Thank you, Madam Speaker. Colleagues, I don't intend to talk long on this, but I just would like to point out, I agree with much of what my colleague from Larimer County had said. But I'd also like to point out that we just went through an entire budget cycle where we've had a Department of Government in this state ask for more money for criminal justice and for housing criminals. And they said, and what I took away from that meeting is unless we make different choices in this room, that will continue to be a theme. This is your chance. We currently have laws on the books that address this. We currently have paths for recourse for people who are injured or contractually injured. This is not necessary. This is feeding into that discussion every year that we have about are we gonna spend more money on prisons or are we gonna spend more money on kids This is your opportunity to make a difference Representative Garcia Thank you Thank you Madam Speaker

Representative Soperassemblymember

I just, as a non-lawyer, I feel obligated to come and just share things in a non-lawyerly way

Bradleyother

and basically say that if theft is found, theft is a crime already. Period. If theft is found, if somebody is stealing money through a contract, that is already a separate crime. You don't need to create compounded crimes. Please vote no.

Representative Soperassemblymember

Representative Kelty? Representative Kelty.

Chair Sochair

Thank you, Madam Speaker. You know, I've never seen a bill taken out of context so much in my life. Me either.

Representative Lindsayassemblymember

Good gosh.

Chair Sochair

this bill, let me tell you the origins of this bill this bill was brought to us I didn't create it but I agree with it this was brought to us by attorneys this was brought to us by the law enforcement the sheriffs, all the law enforcement because they're getting calls daily about this problem right here now if it was just so easy to just come up with a way to fight it then that's what people would do. But I tell you what, Grandma Ethel, 87 years old, she doesn't know what to do. Someone takes off with her money, doesn't finish a job, rips up her kitchen, leaves it like that, takes the money, the second part of the money, or even all of the money, and takes off. What is she supposed to do? She calls the police. She says, help me, I've been stolen from. The police have to say, oh, I'm sorry, Grandma Ethel. We can't do nothing for you. It's a civil matter. We can't even look into it to see if it even was fraud. If it was theft, we're not even sure. We can't even look into it. All this bill says and all this bill does is says, hey, let's look into it. Let's see if it is theft. Or maybe it wasn't. But at least gives them that ability to do something about it. Because she doesn't know all the ways to get things done. She doesn't know how to do all this attorney stuff. and especially our immigrants that are here, they're getting ripped off as well. They don't speak the language. They're trusting. They're trusting these drive-by-night contractors that knock on the door and say, hey, you need a new roof. And we said time and time again, this does not create any criminality. It does not. Our own AML came up here, and she talked about it, and then we went to the side, and we created and fixed all the problems, any problems that was in this bill, on the amendment that we passed, it fixed anything that would cause any type of any criminality whatsoever. There is none. And by saying so is misrepresenting the entire bill. This is to find whether there was a problem, if there was fraud, if there was theft or not. That's all this bill has done. This is all this bill is for. And I absolutely believe in the ability, the knowledge, and experience of AML. For her to come up here and actually stand for this bill says a lot. I serve on judiciary with her. And I can tell you, she's ten times the attorney in knowledge than the others that I believe. I think that she knows what she's doing.

Representative Soperassemblymember

Representative Kelly. Representative Kelty.

Chair Sochair

Did I do something wrong?

Representative Soperassemblymember

Members. Everyone.

Chair Sochair

That's my opinion. I apologize. But I've watched her. I've seen her dig into things. I've seen her stand for what she believes is right. And I do not believe that she would ever create a criminality. And I don't believe that you believe that she would ever do anything like that. I meant no disrespect in any way, shape, or form. I really didn't. I just meant from what I have experienced. So maybe that came out wrong. I'm a little blunt sometimes. I apologize.

Representative Soperassemblymember

Thank you for clarifying.

Chair Sochair

Yes, I do apologize. But what I'm trying to say is I know that she would never write anything personally that would create any type of criminality, and saying that is just wrong. I need you to ask yourself, do you trust her legal opinion or not? I don't.

Representative Lindsayassemblymember

Do you believe that she would tell you wrong?

Chair Sochair

Do you trust her work on this bill? You have a choice today to help all your constituents in Colorado. Young, old, homeowner, renters, literally anyone that lives in a house or an apartment. Thousands of people are getting scammed every single day. We heard in committee from every possible victim of this type of scam. We heard from senior citizens.

Representative Soperassemblymember

We heard from Club Q victims. We heard from new homeowners, we heard from neighbors, we heard from every possible individual that has been scanned by these fly-by-night door knockers that only mean to come around and take advantage of people. It is a law, theft is a law, but it's not just the theft that this bill covers. It covers the ability to find the theft, to find the fraud. I believe that you can trust both of us up here today and you can trust your AML. As she stood behind this bill, please don't allow people to conflate something that this bill is not. What I find incredible about this bill is I don't own this bill. coming after the bill unjustly doesn't affect me. But you know who owns this bill? The entire population of Colorado. Every senior citizen, every new young homeowner, every immigrant, every person who needs any type of home repair, even renters, they own it. This is their bill. This is for them. You say that people can just go to court. People don't know how to do that, especially if it's a civil matter. It's very difficult. It's very expensive. All this bill does, y'all, all this bill does is allow for the finding of that theft, for the finding of the fraud, or maybe not. It gives the industry of construction and home construction trust and honor again by weeding out the bad guys. I am asking for the people of Colorado for your yes vote today.

Representative Lindsayassemblymember

Thank you, Representative Kelty. Before we proceed, just a reminder that we are voting on the bill before us, not the credibility or the expertise of any members in the body. I do want to make sure that we keep personalities out of our discussion Representative English Thank you Madam Speaker I can just assume probably how this is already going to go

Ricksother

but it doesn't mean that I'm not going to say what I need to say. But at the end of the day, I really haven't heard so many different things about a policy that did not get any opposition in committee, not even from the construction industry. so all the narratives and opinions that are being pushed i'm not even going to say that i'm shocked but it's just kind of taking me back that it's going this far when this was a bill with no opposition and if it's about transparency and accountability let it be what it is um but i know when, you know, there are a room full of attorneys, which is cool. It's going to be a lot of legal stuff. We're not attorneys. But at the end of the day, we talked, we spoke with a few different attorneys. And I know all attorneys aren't going to agree, but I just want to be clear on this one thing, because it's pretty offensive to even think that me as a black caucus member would bring something that's going to create penalties or felonies for someone. Like, I'm really offended because I wouldn't get on a policy that's going to create felonies for someone unless it's harming kids. So let me just be clear about that. But I digress. But this bill is protecting our most vulnerable, which is our seniors. Because, number one, if you're a contractor and you provide the services that you were paid to do, would this or would this not be an issue? So it's not like we're coming at one population of contractors, or this is going to harm the immigrant contractors, or this is going to harm the black contractors. I don't care what kind of contractor you are or what color you are. If someone pays you to do a job, then do the dang job. If someone gave you their money. And if you are senior and you drain your bank account and you give $30,000 and expect work to be done, the work should be done. It should be a no-brainer. I just don't understand a lot of things that happen in here. I just really don't. I don't know. Either we protect people when it's convenient or we protect people when it's certain people want to be. I don't know. I just don't understand this, again, where there was no opposition whatsoever. And I thank my colleague, Assistant Majority Leader Bacon, for listening and going through this policy line for line, line by line, to help work through some of the issues that were brought up by colleagues, not by the industry. I don't think I've ever been on a bill that had no opposition. But the very one I get on that for my community that had no opposition now has so much opposition that it just mind But I just want to leave with saying this is for the people of Colorado This is for our constituents. I believe everybody in this chamber, well I know everybody in this chamber, has elderly constituents. people that are most vulnerable, people that are taking advantage of most. When it comes to projects like these, construction projects, this bill ain't going to put nobody out of business at all. But what it's going to do is provide a level of transparency and accountability that's needed and necessary in this space. I mean, but do what you do. But my people are going to know that I was up here and I fought to the end and that I spoke what was right to protect the most vulnerable people because if this wasn't an issue, this would not have been brought to us. And just like everyone in here, I stand up and I fight and I listen to the needs of my community. And this happened to be one of them. Sorry we may not all agree, we're not going to always agree on everything in here, but this is one issue that came from my community. in El Paso County that directly impact my constituents. And this was the right thing to do, and this was the fair thing to do with no opposition. And with that, I ask for a yes vote for people, those of us that want to protect the most vulnerable, those of us that see that transparency and accountability in this bill is important. And guess what, y'all? There is no criminality in this bill. This is not creating a new crime. Y'all can look like that if you want to. I don't do that. I don't create new crimes. That's not what I'm doing, and that's not what this is about. And I'm going to leave it at that, but I ask for a yes vote. Thank you.

Representative Lindsayassemblymember

Representative DeGraff.

Lukensother

Okay, so having been with experience in this realm, having had a project stolen, that was with the complicity of the bank. Yeah, I've got a lot of experience and a lot of research done into things like lien laws and all this. And at the outset, man, I know the intent is good. Here's my concern. Certainly not with the intent of the bill's sponsors, because this is a problem. This is definitely a problem. So I'm looking at this, but this is just part of the discussions that we're having here. So without these steps here in part two, I'm wondering how this is going to be reinforced. For failure of a contractor to provide or adhere to the advanced payment usage, disclosure required pursuant to this section may be considered evidence of use transfer diversion. So in construction, I know at least in my former city in Michigan, and the builders the contractors were required to keep all money in a separate account So you couldn commingle your funds so the example that was given And now I understand that a little bit that certainly unrealistic in most cases They've got $5,000 in their pocket, and they've got to get this cost, that cost, and they're not. So I guess my concern here is that, I mean, Grandma Ethel keeps coming up as an example, but failure of a contractor to adhere to the advanced payment usage disclosure required pursuant to this section may be considered evidence of use. So on the other side, the absence of this contract. So my concern is here the absence of the contract here that they have before accepting advanced payment exceeding $300 for a specific. A contractor shall provide the customer with written disclosure that covers the intended use. These are all good things, the anticipated timing, the projected date, and then the contractor using how they're going to use the funds, all good things and all things that they should do. But if they don't have that contract, and most likely a scammer is not going to have that contract, and it's just going to be, you know, so somebody that doesn't know, a concern that I have with this, because this is a problem, that this could actually work against the individual with that contract. So say that individual does not get all this disclosure, does not get all this contract language from somebody that shows up to do their roof, right, because you just want your roof replaced. how much, I mean, that's pretty clear. I have a roof. It's right there. You're going to do it. I give you money, and therefore it's done. You know, this is, you know, so we're dealing with the ramifications of going from a high-trust society into one where, you know, where we no longer have the basis of that trust anymore. So my concern with this, I think it's definitely a problem. It's definitely something that needs to be addressed. My concern is that without that language, the bill itself could end up working against the individuals who were defrauded. So, yeah, but it's a problem. It needs to be dealt with. This is all great. Again, I'm just concerned that it could actually work against the individuals because if they don't have that contract, then they don't have, you know, then what do they have? that they gave somebody money and they were dealing in a high trust capacity with low trust individuals and that's just a characteristic of the society in which we find ourselves. I'm not really sure yet where I am but that's a question that I have is how does that not end up working against the individuals?

Representative Lindsayassemblymember

Assistant Majority Leader Bacon.

Representative Meg Froelichassemblymember

Thank you, Madam Speaker. To those in the room, I apologize. I was excused for most of the debate. I would like to explain in my own words what it is that was done on this bill so I can speak for myself here. So for those of you, and I understand the arguments against this bill, and when I say I understand it, I do. What this bill does is it adds, while it does not create necessarily a new criminal category, it adds an additional way someone could be charged with theft. If you look at the bill, which I'm sure some of you have. The bill adds under, there's already A through F, the ways you can charge for theft. What this bill does is create sub G that's saying now you can charge a contractor for theft if the court can demonstrate a criminal negligence in not only the taking of the money, but also their negligence in executing on the contract. Now in real life, most contractual violations are dealt with in civil court. The most common contractual violations are you didn't complete the job, right? And so when I hear the argument that says if this is breached, we have made it into a crime, I would say that the way that we address that is by, one, calling for a criminal negligence, and quite frankly, we struck the term or for a material breach, and what's left is unreasonable delay in the contract, and reasonableness is anchored to what we would think is normal, which the contract can also speak for, or unreasonable abandonment or cessation of the job. And so at the end of the day, the bill does create a new way to charge for theft. And that's functionally what it does. It did not change any of the sentencing or penalties for what exists in theft. But it did create a new way to charge for it. So the conversation is kind of 50-50. We did not create a whole new category of crime. but this is a new way to charge for theft, which is what I understand the argument to be by creating a new crime. And so for me, what I was concerned about was the way that the bill was written. I did think that it was way too much of criminalizing contractual concerns. And so I do hope that the vote here could be about, do we want to add a new way to charge for theft or not? And that is my take on it. And so I want to be able to own my own words and whatever my vote will be. And so, again, if anyone's looking at the paperwork, we restructured the elements to add unreasonableness and criminal negligence so that it wasn't, to my colleague's point, if someone felt like the contract was abandoned and it could have been three days, you don't charge people for a crime for that. I agree. And so it needed to have stronger words for liberty and trust. So thank you all for listening.

Representative Lindsayassemblymember

Representative Kelty, this is your second time to speak. You have three minutes and 30 seconds remaining.

Representative Soperassemblymember

Thank you, Madam Speaker, and thank you, Amal, for coming here and clarifying that. That's basically what we were trying to get across. For the state of Colorado, for the people in it, they're crying out for help, and that's what this bill does. Being able to basically say, look, you definitely did, in which this bill allows for the actual investigation to see whether any crime has even been, you know, any theft has actually taken place. Possibly not. But without it there is no look into anything and our senior citizens our citizens of Colorado are going to suffer So I very much appreciate coming up here and explaining that further As it was amended with criminal negligence was added in the amendment Unreasonable delay, and we strike material non-performance. There is no extra criminality to this whatsoever. So I'm asking everyone, please think about the people in your community. Think about your grandmother. Think about your neighbor. Think about the young homeowner or the individual who doesn't speak the language well. What would they want? Do they want to be protected from having their money stolen from them? I think that they would. I'm asking for a yes vote today.

Representative Lindsayassemblymember

Seeing no further discussion, the motion before us is the adoption of House Bill 1245 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

No.

Representative Brownassemblymember

Representative Lindsay votes no. Please close the machine.

Representative Lindsayassemblymember

With 27 ayes, 37 no, and 1 excused, House Bill 1245 is lost.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1346. House Bill 1346 by Representatives Titone and Woodrow, also Senator Kipp, concerning allowing the Department of the Treasury to sell unsold insurance premium tax credits to entities that are not insurance companies.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move House Bill 1346 on third reading and final passage. Representative Marshall.

Marshallother

Thank you, Madam Speaker. It's an honor to serve with you. Honored to serve with you. This debate yesterday on seconds got shut down before I was able to get down to the well, but I just wanted to bring up the point. It was very difficult to get to a yes in special session and it only got to a yes myself after it came back from the Senate revised. We're selling these tax credits at an 18% discount right now. 82 cents on the dollar, which means a 22% interest rate on just one annual. If we wind up going down to the minimum of 80 cents, and that was the minimum, and that's how it was sold. we would be very upset doing payday loans at 22 to 25 percent but that's what this essentially is it's not very fiscally responsible pulling the revenue from future legislators 50 million dollars almost a loss it's not the way we should be running this train so we need to stop and sometimes think of what we're doing because if any of us called into a finance show and explained how we were doing our finances we'd be taken to task we would so for that reason I'm going to have to be a no on this because again we are basically doing payday loans and taking money that really we shouldn be taking from other places So thank you Representative DeGruff

DeGruffother

So the reference will be lost on a lot of people, but this is one where when I heard it, it made me just think of, I'd gladly pay you Tuesday for a hamburger today. Not lost on everybody. So we're selling tax credits right now at 18%. So if they already know they're going to be paying a certain amount of tax, one, you can just buy these tax credits and then not pay 18% on the tax. Now, I'm personally in favor of paying less tax. I mean, the citizens of Colorado, the businesses of Colorado are certainly paying excessive tax. My main concern with this is the debt structure that it creates or my understanding that it creates. Because if we can just create tax credits that we don't use and then we can sell for an 18% discount, so we can get instead of getting money later, we can get money now. now. So what stops us from just creating a whole lot more tax credits, future money, that we can get present money now? So we're delaying that. So in my mind, the way I understand it, and I'm happy to be wrong on that, but this is just creating a debt mechanism. It's just a clever way to create a debt mechanism. And I think the guy from the Office of Debt Management was actually there to discuss that. So that kind of tells me that we're in the land of debt. We're not supposed to be in debt. And if we're creating a mechanism to defer current benefit for a cost later, that's just kind of the very definition of debt, no matter how much you want to call it. So I think it's a creative way to incur debt on the state. That is a violation of our Constitution. So I'll be a no.

Representative Lindsayassemblymember

Seeing no further discussion, the motion before us is the adoption of House Bill 1346 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes. Please close the machine.

Representative Lindsayassemblymember

With 41 a.m., 23 no, and one excused, House Bill 1346 is adopted. Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to Senate Bill 40. Senate Bill 40 by Senators Simpson and Amabile, also Representative Stewart, Kaye, and Smith, concerning the Affordable Home Ownership Program.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move Senate Bill 40 on third reading and final passage.

Chair Sochair

Representative Stewart. Madam Speaker it totally tubular to serve with you It totally tubular to serve with you I ask permission to run a third reading amendment Please briefly explain.

Representative Lindsayassemblymember

Thank you, Madam Speaker. We have a technical fix for some changes that we made on seconds yesterday,

Chair Sochair

and it's really important for us to be responsive to the entire state of Colorado when it comes to housing, so that's what we're doing. The motion before us is permission to run a third reading amendment on Senate Bill 40.

Representative Lindsayassemblymember

Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Brownassemblymember

Yes.

Representative Gonzalezassemblymember

Representative Lindsay votes yes.

Representative Brownassemblymember

Thank you, Weinberg.

Representative Garcia Sanderassemblymember

Brown Hartzik please close the machine

Representative Brownassemblymember

with 62 I to no and one excuse permission to run a third reading amendment is

Representative Lindsayassemblymember

adopted representative Stewart

Chair Sochair

thank you madam speaker I move L20 to Senate Bill 40 and ask that it be properly displayed

Representative Lindsayassemblymember

Thank you. One moment. It is properly displayed. Please proceed.

Chair Sochair

Thank you, Madam Speaker. Again, this is a technical amendment to align amendments we adopted yesterday, just to make sure everything is tied up pretty. I ask for your yes vote.

Representative Lindsayassemblymember

Seeing no further discussion, the motion before us is the adoption of L-20 to Senate Bill 40. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes. Please close the machine. With 46I 18 no and one excuse, the amendment is adopted.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move for the passage of Senate Bill 40 as amended. The motion before us is the adoption of Senate Bill 40 as amended on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes.

Camachoother

Gonzalez and Luck.

Representative Brownassemblymember

Please close the machine. With 44 I-20, no and one excuse.

Representative Lindsayassemblymember

Senate Bill 40, as amended, is adopted. Co-sponsors.

Representative Brownassemblymember

Representative Lindsay, co-sponsors.

Representative Lindsayassemblymember

Co-sponsors. Please close the machine.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1314. House Bill 1314 by Representative English, also Senator Exum, concerning increasing family stability and a connection therewith, prioritizing kinship placements in certain circumstances and facilitating grandparent contact.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move House Bill 1314 on third reading and final passage. The motion before us is the adoption of House Bill 1314 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes. Please close the machine.

Representative Lindsayassemblymember

With 46I18 no and one excused, House Bill 1314 is adopted. Co-sponsors. Please close the machine. Madam Majority Leader. Madam Speaker, I move to lay over Senate Bill 59 until tomorrow. House Bill, sorry. Seeing no objections, Senate Bill 59 will be laid over until tomorrow.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1336. House Bill 1336 by Representatives Lindsay and Winter, also Senators Pelton R. and Cutter, concerning measures to increase access to pharmacy services.

Representative Lindsayassemblymember

Madam Majority Leader. Madam Speaker, I move House Bill 1336 on third reading and final passage. The motion before us is the adoption of House Bill 1336 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote.

Representative Brownassemblymember

Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes.

Bradleyother

Richardson and Smith.

Representative Brownassemblymember

Please close the machine.

Representative Lindsayassemblymember

With 54 I, 10 no, and one excused, House Bill 1336 is adopted. Co-sponsors. Please close the machine

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1263 House Bill 1263 by Representatives Camacho and Mabry also Senators Carson and Judah concerning requirements for an operator of a conversational artificial intelligence service Madam Majority Leader Madam Speaker I move House Bill 1263 on third reading and final passage. The motion before us is the adoption of House Bill 1263 on third reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Representative Gonzalezassemblymember

Yes.

Representative Brownassemblymember

Representative Lindsay votes yes. Please close the machine.

Representative Lindsayassemblymember

With 40 I, 24 no, and one excused, House Bill 1263 is adopted. Co-sponsors.

Representative Brownassemblymember

Representative Lindsay, co-sponsors.

Representative Lindsayassemblymember

Please close the machine. Madam Majority Leader. Madam Speaker, I move to proceed out of order for consideration of Senate amendments to House bills. Seeing no objection, we will proceed out of order for consideration of Senate amendments to House bills.

Representative Brownassemblymember

Mr. Schiebel, please read the title to House Bill 1239. House Bill 1239 by Representatives Goldstein and Richardson, also Senator Mullica, concerning modifications to a county's enforcement authority in connection with property in the county.

Representative Lindsayassemblymember

Members, to the well, to the well.

Chair Sochair

Representative Richardson. Thank you, Madam Speaker. We have very, I guess, we are moving. House Bill 12. Concur. Yeah, okay. So sorry. We move to concur with Senate amendments to House Bill 13.

Representative Lindsayassemblymember

Please proceed.

Chair Sochair

All righty. It's a very simple amendment that escaped the drafter, but we will take responsibility for sending an imperfect product over to the Senate and allow them to have something to do when they woke up from their nap. There were three paragraphs. They were numbered 1-2-1. This changes it to 1-2-3.

Representative Lindsayassemblymember

Representative Goldstein.

Goldsteinother

Thank you, Madam Speaker. We're going to call it the comma chameleon.

Representative Soperassemblymember

because of a comma, yes, a comma, not a dragon, not a scandal, not a late-night tweet, a comma. We are here. It comes and goes, and it comes and goes, like that neighbor who swears they're definitely going to clean up that yard the weekend for the last three years. We're talking about trash, real trash, not your ex, not your inbox. It means the couch on the lawn. that the four seasons than that Netflix show the refrigerator outside oh it not broken it vintage decor And those weeds Not weeds Apparently a native plant experiment Sorry, I don't have my glasses. I lost them. Red, gold, and green. Oh, that's not a vibe. That's code for we stop trying. This bill says, hey, maybe don't. Maybe don't let your property turn in before a picture for a reality show calls you. Extreme county condition. So we ask for your yes vote. Seeing no further discussion, the motion before us is to concur with Senate amendments to House Bill 1239. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. There we go. Please close the machine. With 62 I to no one excused, the motion to concur is adopted. Madam Majority Leader.

Schiebelother

Madam Speaker, I move for the repassage of House Bill 1239 as amended.

Representative Soperassemblymember

The motion before us is the repassage of House Bill 1239 as amended. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Flannell. Please close the machine. With 54 I, 10 no, one excused. House Bill 1239, as amended, is repassed. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1084.

Representative Brownassemblymember

House Bill 1084 by Representatives Espinoza and Camacho, also Senators Weissman and Linstead, concerning voter transparency requirements to expand information about the funding of initiated statewide ballot measures and in connection therewith, requiring the abstract of the fiscal impact statement for certain initiated statewide ballot measures to describe the measure's likely effect on the main areas of state expenditure.

Representative Soperassemblymember

Representative Espinoza.

Espinozaother

Thank you, Madam Speaker. I move that the House not concur with Senate amendments to House Bill 1084 and request...

Representative Soperassemblymember

Thank you, members. Please proceed.

Espinozaother

And I request that a conference committee be formed and that the conference committee be permitted to go beyond the scope of the differences between the chambers.

Representative Soperassemblymember

Thank you. Any additional explanation?

Espinozaother

Madam, yes, Madam Speaker. We would indicate that the Senate took an amendment which changed the nature substantially of the bill, moving it from the ballot title to the blue book. This is an issue that needs some discussion to determine whether that is the appropriate place for the information that we're doing, so we need to have good discussion.

Chair Sochair

Representative Camacho Thank you Madam Speaker and for those of you who don remember one of the entire purposes behind this bill is to make sure when you had those conversations about the Blue Book you had all the information not to put it in the Blue Book

Representative Soperassemblymember

Thank you. Seeing no further discussion, the motion before us is to not concur with Senate amendments to House Bill 1084, to appoint a conference committee, and to allow the conference committee to go beyond the scope of the differences between the chambers. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 42 a. 22 no and 1 excuse, the motion to not concur is adopted. I am appointing the following to participate in the conference committee. Representative Espinoza as chair, Representative Camacho, and Representative Richardson. Mr. Schiebel, please read the title to House Bill 1262.

Representative Brownassemblymember

House Bill 1262 by Representative Stuart Kay and Stuart R., also Senators Ball and Roberts,

Representative Soperassemblymember

concerning preserving patient access to compounded medical items.

Representative Garcia Sanderassemblymember

Representative Stewart Kay Thank you Madam Speaker The House of Stewart moves to concur with Senate amendments to House Bill 1262 Creative

Representative Soperassemblymember

Way to make a motion please proceed

Representative Garcia Sanderassemblymember

So this amendment that was added in the Senate provides clarity on the Board of Pharmacies authority for compounding pharmacies and this is a friendly amendment that we drafted in collaboration with Dora and the AG's office.

Camachoother

Representative Stewart R. Thank you, Madam Speaker. Members, roses are red, violets are blue. Compounding pharmacies make safe and affordable medications for me and for you. We ask for an aye vote.

Representative Soperassemblymember

Seeing no further discussion, the motion before us is to concur with Senate amendments to House Bill 1262. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes

Representative Soperassemblymember

Representative Lindsay votes yes Please close the machine With 63 aye, 1 no and 1 excuse The motion to concur is adopted Madam Majority Leader

Schiebelother

Madam Speaker, I move for the repassage of House Bill 1262 as amended.

Representative Soperassemblymember

The motion before us is the repassage of House Bill 1262 as amended. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 64 ayes, zero no and one excused, House Bill 1262, as amended, is repassed. Co-sponsors. Please close the machine. Okay. Mr. Schiebel, please read the title to House Bill 1110.

Representative Brownassemblymember

House Bill 1110 by Representatives Camacho and Jackson, also Senators Catlin and Danielson, concerning the protection of vulnerable adults from financial exploitation in relation to financial institutions.

Representative Soperassemblymember

Representative Camacho.

Chair Sochair

Thank you, Madam Speaker. Thank you, Madam Speaker. I move that the House concur with Senate amendments to House Bill 1110.

Representative Soperassemblymember

Please proceed.

Chair Sochair

Thank you, Madam Speaker. As promised, we continue to work on this bill to make it better in the Senate. They only added one amendment, which would be to align the language between a 2017 version of this bill. If you remember the discussion that we had, there was a 2017 version of this bill that allowed this exact same protections and mechanisms if you were a financial planner. So we married the language in that 2017 bill to this bill here with that one amendment. And it still kept everyone to a very good place. So for that, we ask for a yes vote.

Bradleyother

Representative Jackson. Thank you, Madam Speaker. I just wanted the record to reflect that my colleague and I, we did keep our promise and our commitment to continue working on this. We had a lot of robust discussion on seconds and again on thirds, and so we have got everyone to a good place, partnered with trial attorneys, and we ask for a yes vote.

Chair Sochair

Representative Garcia. Thank you, Madam Speaker. I just want to come up here and give a public thanks to the sponsors of this bill to continue engaging on this issue that is, quite frankly, a good solution. And I support it and also encourage a yes on the concurrence. So thank you so much for your continued work on this.

Representative Javier Mabreyassemblymember

Representative Mabry. Thank you, Madam Speaker. I also wanted to thank the bill sponsors and the advocates, everybody who worked on this bill to get us to a better place. We had a long debate on second reading when it was in the House, and the issues were worked through. So thank you.

Representative Soperassemblymember

Seeing no further discussion, the motion before us is to concur with Senate amendments to House Bill 1110. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes.

Representative Soperassemblymember

Representative Lindsay votes yes. Please close the machine. With 62 a. to no one excused, the motion to concur is adopted. Madam Majority Leader

Schiebelother

Madam Speaker, I move for the repassage of House Bill 1110 as amended

Representative Soperassemblymember

The motion before us is the repassage of House Bill 1110 as amended Mr. Schiebel, please open the machine and members proceed to vote Representative Lindsay, how do you vote?

Schiebelother

Yes

Representative Soperassemblymember

Representative Lindsay votes yes Please close the machine. With 54 I 10 no one excused House Bill 1110 as amended is repassed Co please close the machine Madam Majority Leader

Schiebelother

Madam Speaker I move that the House proceed out of order for consideration of conference committee reports.

Representative Soperassemblymember

Seeing no objection, we will proceed out of order for consideration of conference committee reports. Mr. Schiebel, please read the title to House Bill 1038. Ooh, 1357. I was jumping ahead. Maybe I have it wrong. Just 1038. You have plenty of time. Mr. Schiebel, please read the title to House Bill 1038.

Representative Brownassemblymember

House Bill 1038 by Representatives Paschal and Clifford, also Senator Snyder, concerning County Commissioner redistricting.

Representative Soperassemblymember

Representative Paschal.

Paschalother

Madam Speaker, I move for the adoption of the first report of the first conference committee on HB 26-1038.

Representative Soperassemblymember

Please proceed.

Paschalother

Thank you, Madam Speaker. So in our conference committee, we spoke about the amendments that were put on in the Senate, and we chose to accept those. They were amendments that came from the El Paso County Clerk and Recorder. They're sort of crisping up the definitions, especially around the word staff. What does that mean? Is it Clerk and Recorder staff? Is it County Commission staff? That sort of thing. And we also crisped up the language around the ability to bring a lawsuit on redistricting and made it clear that the county clerk and recorder is not necessary for a party to that kind of action. Then we further proceeded to add some additional changes. We added some changes around the independent redistricting committee. we made it such that there has to be an open application process that is posted on the website and that there has to be 30 days notice we also added language to assure that the folks that are on the independent redistricting committee have been affiliated with their respective parties or unaffiliated for at least three years immediately preceding their application for the independent redistricting committee. And I urge an aye vote.

Representative Soperassemblymember

Seeing no further discussion, the motion before us is the adoption of the first report of the first conference committee on House Bill 1038. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay, how do you vote?

Schiebelother

Yes. Representative Lindsay votes yes.

Representative Soperassemblymember

Please close the machine With 41 I, 23 no and 1 excused The motion is adopted Madam Majority Leader

Schiebelother

Madam Speaker, I move for the repassage of House Bill 1038

Representative Soperassemblymember

As amended by the committee report The motion before us Oh I sorry Representative Gonzalez Thank you Madam Speaker And again I just want to come here and explain my no vote I was a no vote on the first time that we passed it

Representative Javier Mabreyassemblymember

This is just another example of us going against, going after local control. This type of policy should fall on the counties to decide and I also want to remind you that there is bipartisan opposition to this. We shouldn't be mandating these to the local counties and municipalities. That's something that I believe that they should be deciding. it should not be the business of the state government and so for those reasons I will be a no vote

Representative Soperassemblymember

Seeing no further discussion the motion before us is the repassage of House Bill 1038 as amended by the first committee report Mr. Schiebel please open the machine and members proceed to vote Representative Lindsay how do you vote?

Schiebelother

Yes

Representative Soperassemblymember

Representative Lindsay votes yes please close the machine with 41 I 23 no and one excused House Bill 1038 is repassed as amended co-sponsors Please close the machine. Madam Majority Leader.

Schiebelother

Madam Speaker, I move to lay over the balance of the calendar until Wednesday, April 22, 2026.

Representative Soperassemblymember

Seeing no objection, the balance of the calendar will be laid over until tomorrow. Madam Majority Leader.

Schiebelother

Madam Speaker, I move that the House stand in recess until later today.

Representative Soperassemblymember

Madam Majority Leader, we are going to do some business first. Members, you are free to leave. We have business to tend to. Oh, Representative Mabry, did you have a Judiciary announcement? Please proceed.

Representative Javier Mabreyassemblymember

Thank you, Madam Speaker. Judiciary Committee members, let's meet in 10 minutes in room 107. 10 minutes.

Representative Soperassemblymember

Did you finish it? Oh, sure.

Schiebelother

Madam Speaker, I move to withdraw my motion.

Representative Soperassemblymember

Thank you. So withdrawn. We will proceed to business. Mr. Schiebel, please read reports of committees of reference.

Representative Brownassemblymember

Committee on Agriculture, Water, and Natural Resources. After consideration on the Meritza, committee recommends the following, Senate Bill 62 be postponed indefinitely, and Senate Bill 136 be referred to the Committee of the Whole with favorable recommendation. Committee on Finance, after consideration on the Meritza, committee recommends the following, House Bill 1341 be referred favorably to the Committee of the Whole. Senate Bill 141 be referred to the Committee on Appropriations with favorable recommendation. Committee on State, Civic, Military, and Veterans Affairs, after consideration on the Meritza, committee recommends the following. House Resolutions 1006 and 1007 as amended be referred to the House for final action House Concurrent Resolution 1006 and Senate Bill 143 be referred to the Committee of the Whole with favorable recommendation House Concurrent Resolutions 1004 and 1005 and House Resolution 1008 be postponed indefinitely

Representative Soperassemblymember

Printing report.

Representative Brownassemblymember

The Chief Clerk reports the following. Printing report will be printed in the journal. Signing of bills, resolutions, memorials. The Speaker has signed. Signing of bills, resolutions, memorials will be printed in the journal. Message from the Senate. Madam Speaker, the Senate has. Message from the Senate will be printed in the journal. Message from the Revisor. We hear with Transmit. Message from the Revisor will be printed in the journal. Message from the Governor. Honorable members of the Colorado House. Message from the Governor will be printed in the journal. Introduction of bills. House Bill 1419 by Representatives Sirota and Brown, also Senators Mable and Bridges, concerning the over-refund amount for state fiscal year 2024-25 of state revenues in excess of the state fiscal year spending limit under Section 20 of Article 10 of the state constitution.

Representative Soperassemblymember

House Bill 1419 will be assigned to the Committee on Appropriations

Representative Brownassemblymember

House Bill 1420 by Representatives Paschal and Richardson, also Senators Colker and Pelton R. Concerning changes to the approval process for light mitigating technology that is required to be installed at certain wind-powered energy generation facilities

Representative Soperassemblymember

House Bill 1420 will be assigned to the Committee on Transportation, Housing, and Local Government

Representative Brownassemblymember

House Bill 1421 by Representatives Mabry and Caldwell, also Senators Doherty and Frizzell, concerning prohibiting certain compensation agreements in the legal profession and in connection therewith, creating the Colorado Legal Practice, Integrity, and Fee Sharing Prohibition Act.

Representative Soperassemblymember

House Bill 1421 will be assigned to the Committee on Judiciary.

Representative Brownassemblymember

Senate Bill 90 by Senators Carson and Snyder, also Representatives Hartsook and Clifford, concerning exempting critical infrastructure from the Consumer Repair Bill of Rights Act.

Representative Soperassemblymember

Senate Bill 90 will be assigned to the Committee on State, Civic, Military, and Veterans Affairs.

Representative Brownassemblymember

Senate Bill 140 by Senators Frazell and Marchman, also Representatives Gilchrist and Johnson, concerning exempting certain drugs from the scope of affordability reviews conducted by the Colorado Prescription Drug Affordability Review Board.

Representative Soperassemblymember

Senate Bill 140 will be assigned to the Committee on Health and Human Services.

Representative Brownassemblymember

Senate Bill 150 by Senators Ball and Judah, also Representatives Froelich and Jackson, concerning reforms to the Regional Transportation District to increase accountability.

Representative Soperassemblymember

Senate Bill 150 will be assigned to the Committee on Transportation, Housing, and Local Government. Madam Majority Leader.

Schiebelother

Madam Speaker, I move that the House stand in adjournment until Wednesday, April 22nd at 9 a.m.

Representative Soperassemblymember

Seeing no objection, the House is adjourned until tomorrow, April 22nd at 9 a.m. Thank you. Thank you.

Source: Colorado House 2026 Legislative Day 098 · April 21, 2026 · Gavelin.ai