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Committee HearingHouse

House Finance [Apr 13, 2026]

April 13, 2026 · Finance · 14,195 words · 17 speakers · 246 segments

Chair Madam Chairchair

. Thank you. Good enough. All right, the Finance Committee will come to order. Please take the roll.

Max Brooksassemblymember

Representatives Brooks. Present.

Sean Camachoassemblymember

Camacho. Here.

Lorena Garciaassemblymember

Garcia. Here.

Ryan Gonzalezassemblymember

Gonzalez. Hello.

Chair Madam Chairchair

Hartsook. Here. Marshall. Here. Soper. Excused. Stewart. Here. Zokar. Excused. Woodrow. Excused. Madam Chair. I am here. All right. We have a sponsor for the bill today. Maybe we'll be joined by the other sponsors soon. Rep Carter, would you like to tell us about Senate Bill 113?

Michael Carterassemblymember

Thank you, Madam Chair. What I will say is my sponsor, the other sponsor is in another committee, Rep Soper is in the committee I just left.

Chair Madam Chairchair

That being said, one second. All right.

Michael Carterassemblymember

Recovery residents, right now they are being overseen by a third party. Because they're being overseen by this third party, there has to be, there's a lack of oversight where in which if there is something that goes wrong in one of these centers, we are having places where, we had testimony last time where it was showing where we as the overseers, the BHA, were not able to actually provide that oversight. So there were places where individuals were being taken advantage of because we did not have that direct oversight. So what we are doing is taking that third-party contractor out. So we are removing that level of bureaucracy. These houses, recovery houses, will now report directly to the BHA. One of the reasons that I wanted to be a part of this, and for those who don't know my background, criminal defense attorney One of the things that is absolutely important when an individual gets out of custody or if an individual has an issue if it related to substance abuse of whatever type we know that if you put them into one of these recovery houses there a very high likelihood that they will not come back They won't regress and they will not recidivate. So all we're asking and all I'm asking is to allow us specifically to remove that layer of bureaucracy, that third party layer of bureaucracy, have the BHA be the individual or the organization that is directly in charge of these recovery houses. I have two amendments and I don't know if you want me to go over the amendments as well.

Chair Madam Chairchair

Are they substantial to the bill?

Michael Carterassemblymember

Okay. I apologize. We have one amendment that was combined. My two amendments were combined into the one.

Chair Madam Chairchair

You could just talk about it a little briefly just so we have some questions about it.

Michael Carterassemblymember

What I was going to tell you specifically, as I said, the reason that I'm on this, I actually have one of these recovery, a lot of these recovery homes in my district. One of the specific ones is an an ale, but they this amendment specifically allows us to place the BHA to place probation individuals inside these recovery homes. If you guys are familiar with an ale, they are a comprehensive recovery home. They do everything. It became very clear to them that one of the reasons that people either regress or recidivit, one of the reasons is they are not close to either treatment or transportation or housing. this and an AO specifically and the bill allows for them to take in those individuals who are in recovery but also take in individuals who may be placed there because they are on probation all right any questions for this i do have uh an individual here for questions only so okay

Chair Madam Chairchair

all right well let's see if anyone has any questions for you rep hearts up

Anthony Hartsookassemblymember

Thank you, Chair. So question. So we're getting rid of one level of bureaucracy. We've got a fiscal note. Can you talk to if we're reducing bureaucracy, why is the fiscal note going up in the out years?

Michael Carterassemblymember

up Carter. And just to be clear, what happens is we are removing that layer, but it still will come underneath the BHA, so we still will have to fund it, but... I'm sorry? Sorry. We are removing that layer of bureaucracy, but we're still going to have to fund it eventually. It'll be under BHA, but somebody inside of BHA will actually have to

Chair Madam Chairchair

and let the record show rep hudrow is here uh rep hartzer thank you yes i'm tracking that but

Anthony Hartsookassemblymember

aren't we already paying through it isn't the bha already paying through it so it's already being funded then it's being passed to the third party so it would seem like it'd be a net wash if we're eliminating that bureaucracy we actually i would think we'd be saving money because if bha is going to take it over now itself they don't have to pay any of that overhead cost for the third party That's what I'm trying to reconcile on the fiscal note.

Chair Madam Chairchair

Rep. Carter.

Michael Carterassemblymember

Thank you, Mr. Chair. Understood, and I'm going to have to make sure you ask that question. Specifically I just know that in the original fiscal note it is a zero because we haven there is no there is the first year there a net zero And so regarding the additional years I think that going to be because the BHA will actually have to be active But I'll actually allow my counterpart to internet.

Chair Madam Chairchair

Thank you, Mr. Chair.

Lorena Garciaassemblymember

I have a quick comment and then a question. So on page two, on the fiscal note, you'll notice that we are shifting, as per the bill, from the general fund into a cash fund. And so that does the balance of since we're no longer having to pay out of our general fund, but now it's the entities themselves that are going to have to cover the cost of the licensing. That's where the cash fund is coming into play. My question here, and this is just curiosity, and if I'm overstepping what the process is for our focus of the Finance Committee, I guess I'm just curious on why is the current system not working?

Chair Madam Chairchair

Rep. Carter?

Michael Carterassemblymember

Thank you, Madam Chair. And thank you, Rep. Garcia, for the explanation for Representative Hartzik. That being said, what was happening specifically, these operators, they would buy – they'd get a house. They'd get licensed by the state, and they were pretty much unregulated. So what we saw were operators were double billing Medicaid on behalf of the clients. they were threatening the clients as in if if you don't pay you'll get kicked out of this operation and bha was having difficulty reining in the operators who were bad actors and so this they this is why it came out i mean i can only speak on the actors that i i interact with but some of the stories that we were hearing were horrific because it was you guys understand this is the most vulnerable population, one of the most vulnerable populations that we have, and they were being exploited by individuals running recovery homes. And the VHA said, we don't have the ability to regulate them other than calling the police. Why don't you just give us a direct, just take out that bureaucracy and allow us to regulate them directly? And that's why.

Chair Madam Chairchair

Any other questions? All right. Okay, well, we'll go to the witness testimony now. We have one person signed up, Erica Gannett, and is here for questions only. So, do you have any questions for Ms. Gannett? Once we get her up. Online, maybe? No? All right, well, oh, there you are. You're right there. Any questions for Ms. Cannon? No? Okay, no questions. Anyone else here wants to testify on Senate Bill 113? Testimony phase is closed

Michael Carterassemblymember

Reb Carter Do you want to do amendments And this is the amendment I spoke regarding specifically allowing probation placement referrals I believe the bill had already allowed that, but some of our partners and our stakeholders wanted to make sure it was inside the bill. Wanted to make sure it was inside the bill, and that's the only reason. There also was a technical amendment that was included. That was going to be L14, but that technical amendment is included in L15.

Chair Madam Chairchair

All right. Any questions about amendment L15? Is there any objection to L15? Oh, we have a motion for L15. All right. All right.

Sean Camachoassemblymember

Moved by Rep. Camacho, seconded by Rep. Stewart.

Chair Madam Chairchair

Any objection to L15? Seeing none, L15 is adopted. Any more amendments?

Michael Carterassemblymember

No, I'm sure

Chair Madam Chairchair

Any amendments from the committee? No, seeing none, the amendment phase is closed All right, Rep Carden

Michael Carterassemblymember

Once again, I do not appear in this committee at all We have been trained to not put any type of money into any of our bills So I think this might be my first time in front of you since last year It's a great bill The whole point of it is to protect the vulnerable community because they were under attack.

Chair Madam Chairchair

We know that recovery houses provide a respite for individuals who need it. It's a great bill taking out bureaucracy, adding in oversight. Great bill vote, yes. Any closing remarks from the committee? All right, seeing none. We need a motion for the bill. Can you say it on the microphone?

Lorena Garciaassemblymember

I move Senate Bill 26113 to the Committee on Appropriations as amended to the Committee on Appropriations.

Chair Madam Chairchair

All right, seconded by Rep. Woodrow. All right, please take the roll. Representatives Brooks.

Max Brooksassemblymember

I have a no.

Chair Madam Chairchair

Camacho.

Sean Camachoassemblymember

Yes.

Chair Madam Chairchair

Garcia.

Lorena Garciaassemblymember

Yes.

Chair Madam Chairchair

Gonzalez.

Ryan Gonzalezassemblymember

No.

Chair Madam Chairchair

Hartsook.

Anthony Hartsookassemblymember

No.

Chair Madam Chairchair

Marshall.

Lorena Garciaassemblymember

Yes.

Chair Madam Chairchair

Soper.

Michael Carterassemblymember

excused. Stewart. Yes.

Chair Madam Chairchair

Zoka.

Lorena Garciaassemblymember

Yes.

Chair Madam Chairchair

Madam Chair. Yes. Mr. Chair. Yes, that passes 7-3 with one excuse. You're on your way to a probes.

Lorena Garciaassemblymember

How many freaking committees do you think go to? That bad. No, I'm just mad. I've got another committee. How many committees does this thing have to go to? We have the sponsors on 144. I just messaged. I'll have another call in a minute.

Chair Madam Chairchair

We have our bill sponsors here on Senate Bill 1.2.3. Who would like to kick us off? Representative Camacho.

Sean Camachoassemblymember

Thank you, Mr. Chair. Thank you, members of the committee. Before we start, I just wanted to note that this bill is 107 pages, but it has no fiscal note. So that in and of itself should really make you think about pushing this bill through. But you may want more of an explanation, so I'll do that for you. Today we are presenting Senate Bill 26144. This is a technical but essential bill to ensure Colorado's tax lien and treasurer's deed system is constitutional, consistent, and workable for counties across the state. Let me start by why this bill is necessary. In Tyler v. Hennepin, a United States Supreme Court case from 2023, I believe, the court addressed what happens when the government takes property to satisfy a debt. In that case, a homeowner owed roughly $15,000 in property taxes. The county seized and sold her home for $40,000 and kept every dollar over the tax debt. The court held that this violated the Fifth Amendment. The government can collect what it is owed, but it cannot take more than that debt and keep the excess. That surplus equity belongs to the property owner. That ruling directly impacts systems like ours. Colorado took an important first step last year, but as counties began implementing those changes, they identified gaps and inconsistencies that made the process difficult to administer and lived for risk that they were not fully aligned with the Constitution. This bill finishes the work. Before I walk through the sections, it is important to understand the underlying process. When property taxes go unpaid, the county does not immediately take the property. Instead, it sells a tax lien at auction. An investor pays the tax lien and receives a certificate of purchase. The property owner still has time, typically years, to redeem the property by paying back taxes and interest and fees. If the property is not redeemed, the lien holder can apply for a treasurer's deed, which can ultimately transfer ownership of the underlying property. And that is the moment where Tyler matters most, because without proper safeguards, that is where a person could lose not just their property, but all of their equity. The bill builds those safeguards directly into statute, letting me be very clear about the provisions that protect property owners' equity. First, in Section 50, requires public auction before any treasurer's deed can be issued. That auction establishes fair market value through competitive bid and ensures the property is not simply taken for the amount of the tax debt. Section 20 requires that every application for treasurer's deed go through that auction-based process. There's no alternative path that can bypass these protections. Third, Sections 25 through 33 repeal outdated deed statutes that previously created fragmented and conflicting processes, processes, ensuring there is one uniform constitutional framework statewide. And fourth, this bill strengthens notice and due process protections requiring clear notice to property owners and transparent publications of sales so that individuals have meaningful opportunity to redeem their property before any transfer occurs. Taken together, these provisions ensure the government collects what is owed but cannot take more than that. Beyond those protections, the bill also makes the system actually workable. Section 1 updates treasurer fee authority to reflect the modern process and ensure counties can administer auctions and deed proceedings effectively. Sections 2-12 standardized definitions, notice requirements, and how tax lien sales are conducted, creating consistency across counties instead of a patchwork of practices. Sections 13-19 improve operational clarity, ensuring minor technical errors don't invalidate sales, and clearly defining post-sale responsibilities. Sections 34 through 39 modernize how counties manage tax lien certificates and properties Members of the committee this bill does three fundamental things It ensures Colorado complies with the Constitution after the Tyler decision It creates a clear and workable system for counties to follow and it protects property owners by ensuring their equity is not taken unlawfully or unfairly. This is about making sure our tax system is fair, transparent, and legally sound, and we respectfully request your support.

Chair Madam Chairchair

Rep Winter.

Michael Carterassemblymember

Thank you, Madam Chair. I think my colleague said about everything you can say about the bill, it's a very technical bill. We are a GS vote. Are there any questions for these bill sponsors about this bill?

Chair Madam Chairchair

Reb Zocchi.

Lorena Garciaassemblymember

Thank you, Madam Chair. I'm just wondering if this bill is increasing the amount of fees the treasurer may charge.

Chair Madam Chairchair

Reb Kabacho.

Sean Camachoassemblymember

Thank you, Madam Chair. Can you repeat your question?

Chair Madam Chairchair

Reb Zocchi.

Lorena Garciaassemblymember

Thank you, Madam Chair. Is this bill increasing the dollar amount of fees that the treasurer may charge?

Chair Madam Chairchair

Thank you, Madam Chair.

Sean Camachoassemblymember

That is not my understanding. The treasurer can only charge fees. I mean, the process, maybe it requires more clarification. Are you talking about the fees that the taxpayer already owes or fees for the process? I hope it's okay.

Chair Madam Chairchair

Thank you, Madam Chair.

Lorena Garciaassemblymember

I am talking about the fees that are starting on the bottom of page three and onto page four. I don't know if that is an increase from the status quo.

Chair Madam Chairchair

Come on, Joe.

Sean Camachoassemblymember

Thank you, Madam Chair. I actually don't know. I will leave that to some of the treasurers to talk about that. I know we have a few of them coming. Thanks.

Chair Madam Chairchair

To my understanding, after five years, they can change the fee relative to inflation starting every five years. Is that correct? Maybe? Rep. Sokay.

Lorena Garciaassemblymember

Thank you, Madam Chair. I'm just wanting to make sure I'm understanding correctly, because there's a list of fees the treasurer is entitled to charge, starting on the bottom of page three. And if those are new fees, that's more what I'm wondering, if there's a dollar amount increase generally on the amount of fees they can charge because we're giving new authority.

Chair Madam Chairchair

Rep. Camacho, or we can wait until we have a treasurer here.

Sean Camachoassemblymember

Thank you, Madam Chair. We did get a phone-a-friend. And the current fee structure doesn't reflect changes from the Tyler Hennepin decision. So that was not reflected in our stakeholding of this. So this is kind of new to me. So I will defer to treasurers for that technical answer.

Chair Madam Chairchair

All right. Anyone else have questions for the sponsors of the bill? All right. Seeing no more questions, we'll go to the witness testimony phase. We have one panel. We have several remote and one person in person. Holly Ryan in person. We have Irene Josie, Carrie Cooey, Lane Lacoveto, and Chuck Borman online. We will start with our in person. Ms. Ryan, why don't you tell us who you are if you're representing anyone other than yourself, and you'll have three minutes.

Lorena Garciaassemblymember

Thank you, Madam Chair, members of the committee. My name is Holly Ryan. I'm a Chief Deputy Public Trustee in Douglas County. I'm here representing Douglas County and the Douglas County Treasurer. We have an amend status. Hopefully everybody got their letters last week that gives you a summary of the bill that I drafted Sorry it 107 pages To answer your question Representative Zokai sorry the fees are not being increased When Tyler v Hennepin was passed under 24 we have a partial statute. Those fees and costs were actually referred to under the PT foreclosure fees under Title 38. All we're doing is moving those fees referenced in the public trustee foreclosure to the treasurer fees under 30-1102. They do remain the same. We are asking that they be increased every two years on an odd year so that they will increase at the same time as the PT fees so the public trustees and the treasurers collect the same fees at the same time. The amend I I have, I've been really struggling with. As I stated, I drafted this legislation, and a paragraph on page 41, lines 23 to 26, was added, and it basically says, although poorly written, that a treasurer, the treasurer's staff, and members of their immediate family can purchase properties at a deed sale. So by statute under 3911, the treasurer, their employees, and their immediate families are not allowed to buy at a tax lien sale. Under the public trustee statutes, the public trustees and our staff are not allowed to purchase at a public trustee sale. But this paragraph, which should be written, the purchase of any property, because we don't sell certificates of options or treasurer's deeds, we sell property. and then we issue a certificate of option and a treasurer's deed, is being exempted under Title 11.5. However, page 41, you're still under the tax lien sale, which is Title 39.11. We have a complete problem with this because 11.5, the way it's drafted, on page 68, lines 3 through 4, say a treasurer acting in their visual capacity must not bid at a public auction held under section 11.5. So we have a conflict. We have a new paragraph that, one, we either need to amend, which I'm leaning more towards just striking, and putting it under 11.5 where it belongs for the treasurer deed sale, but also why are we exempting out at the treasurer deed process that these parties can buy a property but we're exempting and excluding them from having the same right under a tax lien sale or under a public trustee sale. So that's my quandary. That's why we're taking an amend status. I'll leave it to you if you guys want to ask me questions on this when the time comes.

Chair Madam Chairchair

All right. Thank you. hold for questions. We'll go online. Ms. Josie, or Treasurer Josie, I should say.

Lorena Garciaassemblymember

Thank you, Madam Chair, and good afternoon to you and the members of the committee. I'm Irene Josie, Larimer County Treasurer. I'm here today in support of Senate Bill 26144. I want to particularly thank the sponsors and the drafters and publicly thank our colleague, and Brout County Treasurer, Lane Acovetto. This has been a serious and very significant undertaking and we recognize the thoughtful work behind this well and tuned bill At its core this bill is about clarity consistency and accountability In administering one of the most complex sensitive responsibilities at the county level which is delinquent property tax collection, Senate Bill 26-144 streamlines the tax lien sale process, clarifies statutory language, and creates a more uniform framework for treasurer's deed procedures across the state. These updates are not just technical, they are practical improvements that help counties operate more consistently and align with evolving legal standards, including compliance considerations following Tyler B. Hennepin. A key strength of this bill is the standardization of process. It reduces confusion, minimizes delays, and ensures more uniform application throughout all counties. Importantly, this bill does not grant additional authority to treasurers. It simply defines existing responsibilities more clearly. It establishes structured timelines and clarifies procedures, especially when there is more than one lien holder. The bill also updates the fee structure associated with the tax lien sales and treasurer's deeds. It sets clear parameters and allows for periodic adjustments so counties can recover actual administrative costs without placing unnecessary burden on taxpayers. The recent amendments further strengthen the bill by refining timelines and processes, giving treasurers a clear direction while maintaining important safeguards for property owners. That balance is critical. We must protect the due process while ensuring counties can efficiently, fully fulfill their statutory duties. From a practical standpoint, this legislation reduces administrative uncertainty, improves transparency, and increases efficiency for taxpayers. That means clearer communication and more predictable purpose and processes. For counties, this ensures consistent and responsible administration of the law. This is a bipartisan, collaborative effort and thoughtful, well-vetted update to our statutes. For these reasons, I respectfully ask for your support on Senate Bill 26-144. I thank you for your time today and I am here for further questions.

Chair Madam Chairchair

Thank you. Thank you. We'll go next to Treasurer Cooey.

Lorena Garciaassemblymember

Good afternoon, Mr. Chair, and thank you for taking the time for this important matter. My name is Carrie Cooey, and I'm the current president of the Colorado County Treasurers and Public Trustees Association. As you may be aware, House Bill 24-1056 was touted as the best fifth kind to deal with treasurer's deeds after Tyler v. Hennepin addressing a takings case. So because of the improvement of that process, I am here in support of Senate Bill 26-144. We're pleased that this new bill clears up some of the matters that we have encountered in the original bill after having a chance to put that into practice and discovering what areas may need clarification. This bill provides more accurate definitions and more practical solutions to timelines. It deals with obsolete references and still protects the owner's interests. The bill is highly detailed, but has had a lot of time and effort put into it, and it has been fine-tuned into a workable process. Ms. Ryan, Ms. Yacovero, Ms. Josie, and Mr. Berman and others have put tons of thoughtful effort into this bill. There have been hours of meetings, hours of fine-tuning that have gone into it. The bill also reinstates former statute that worked well for the treasurer's deed process and brings it more into alignment with foreclosure process, protecting the homeowner. We ask that you please vote yes on this bill.

Chair Madam Chairchair

All right, Ms. Lacavetto.

Lorena Garciaassemblymember

Thank you, and thank you to the chair and members of the committee in representing the Colorado County Treasurer's Association as the Routt County Treasurer. My name is Lane Yacvedo, and I am here to urge you in support of this bill. As my colleagues have mentioned, this is a well-vetted practical bill. It just solves issues that are in the current statute and redefines a process that was rather gray when Tyler vs. Hennepin Supreme Court ruling came out, and we made some quick changes to the statute to comply to that. Our goal here was not to change authority or fundamentally change any structure of the law, but just to clarify those processes. We've met with stakeholders. We have put this bill into practice to make sure that we were covering everything as clear as we could. We have implemented feedback from the Attorney General and obviously Tyler vs. Hennepin Supreme court ruling. I want to kind of address the clarity and the intention of the bill that was brought up in a concern. And the bill is intended not to allow county employees to participate in the tax lien process, just as it always has been. But in the goal of establishing a fair market value, we felt like it would be appropriate for county employees to participate in the auction of the actual property as that would, by not allowing that, probably interfere with the market value of the auction. So just clarifying that structure. And back to the fees, we tried to as closely as possible align this with the public trustee foreclosure process. And those fees are also aligned with the public trustees fees. Thank you for your time today and we would appreciate your

Chair Madam Chairchair

support on this bill. I'm here to answer any questions if you have them. Thank you. Mr. Brorman.

Lorena Garciaassemblymember

Chairman, members of the committee, thank you for the opportunity to speak. My name is Chuck Brorman, the El Paso County Treasurer. I'm here on behalf of Colorado County Treasurer's and Public Trustees Association in support of Senate Bill 26-144. Senate Bill 26-144 updates Colorado's property tax lien and tax deed statutes to comply with the U.S. Supreme Court decision, Tyler v. Hennigan, as many of my colleagues have mentioned, which held that government may collect only taxes, interest, and allowable costs owed and that any remaining equity be returned to the property owner. Colorado laws predate this ruling, and this bill helps make sure that we more firmly, this becomes our constitutional standard. This bill creates a statewide process for identifying, holding, and returning surplus entity after a tax lien sale or a tax lien transfer. It does not change the purpose of the tax lien system, as my colleagues had mentioned. is simply ensure that the system county ministers is constitutional transparent and fair it protects property owners rights while preserving county ability to collect revenue for schools fire districts and essential services The plaintiff's counsel in Tyler V. Hennepin said that Colorado's public prestige foreclosure process is a strong model. This helps to reaffirm that model by harmonizing our terms in our office. It doesn't make sense for the public trustee to call one document something and then the public trustee call a similar document something else. It complies with timelines, notifications, transparency requirements, and forms. This bill is also the product of a broad collaboration of county treasurers, public trustees, counties, attorneys, county clerks, tax lien investors, homeowner advocates, and state agencies. This work has produced a consistent process that counties can implement responsibly and that property owners can understand. As county treasurers, we are committed to administering the tax lien system with accuracy and fairness. This bill provides further statutory framework for us to do that. And it's for this reason and many others that I and the Colorado County Treasurer's Association respectfully urge your support of SB 26-144. Thank you for your time.

Chair Madam Chairchair

All right. Thank you very much. Members, we have a treasurer trove of witnesses who would like to cash in on some questions. Anyone? Oh, Reverend Garcia.

Lorena Garciaassemblymember

Thank you, Madam Chair. I'm curious if you can, for the witness at the table, can you restate the page numbers you were referencing earlier?

Chair Madam Chairchair

Treasurer Ryan.

Lorena Garciaassemblymember

Thank you, Madam Chair and Reverend Garcia. Is your microphone still on? Sorry about that. Thank you, Madam Chair and Representative Garcia. So on page 41, lines 23 through 26, there's a paragraph four. The paragraph above that says any county official, county employee or member of the immediate family of such person, blah, blah, blah, basically cannot purchase at a tax lien sale. And then paragraph four, I believe, is trying to say that the purchase of any property under 11.5 of this title is exempt, meaning that county officials, county employees, and members of their families can bid under 11.5. In 11.5, however, page 68 is the other page reference, lines three through four. We've already put in under 3A a treasurer not exempting out employees or their families. A treasurer acting their individual capacity must not bid on a public auction held under 11.5. So that's where the conflict is between the two.

Chair Madam Chairchair

Any further questions? All right. Seeing none, thank you very much. We really appreciate you being here today. Is there anyone else here who would like to testify on Senate Bill 144? Come on down if you do. All right. Nobody's coming down. So we will end the testimony phase, and we'll go bring back the sponsors back up, and we'll go to the amendment phase and ask if you have any amendments.

Sean Camachoassemblymember

Rep Camacho We have no amendments

Chair Madam Chairchair

Alright, are there any amendments from the committee? Seeing no amendments Hopefully we fix that one later The amendment phase is closed Wrap it up Wrap Camacho

Michael Carterassemblymember

Wrap Winter. Thank you, Madam Chair. Key points of this bill ensures constitutional compliance, provides a clearer workable process for counties, restores statutory consistency, and does not expand county authority or increase taxes. And with that, I urge an aye vote.

Chair Madam Chairchair

All right.

Sean Camachoassemblymember

Wrap Camacho. Thank you, members of the committee. We've heard some good testimony today. I think with all my bills, I'm willing to continue to work on any issues that they maybe have, and we'll go through that process. So while we don't have any amendments today and we may not have any in the future, we're always willing to make a bill better. So with that, this is an important step in making sure that we can continue to comply with our requirements under the law as well as clean up some of the statutes that we have. So for that, I ask for a yes vote.

Chair Madam Chairchair

All right. Any closing comments from the committee?

Max Brooksassemblymember

Brad Brooks. Thank you, Chair. I appreciate the commitment to continuing to work on making a bill even better. So I would encourage you to work with Ms. Ryan in our Douglas County office and see if there might be something there that you might be able to bring forward for consideration at a later date.

Chair Madam Chairchair

All right. Anyone else? All right. we need a motion for the bill.

Sean Camachoassemblymember

Rep. Camacho. I move Senate Bill 26-144 to the committee on the whole with a favor or recommendation.

Ryan Gonzalezassemblymember

Seconded by Rep. Gonzalez.

Chair Madam Chairchair

All right. Please poll the committee. Representatives

Max Brooksassemblymember

Brooks. Yes.

Sean Camachoassemblymember

Camacho. Yes.

Lorena Garciaassemblymember

Garcia. Yes.

Ryan Gonzalezassemblymember

Gonzalez. Yes.

Anthony Hartsookassemblymember

Hartsuk. Yes.

Michael Carterassemblymember

Marshall. Yes.

Lorena Garciaassemblymember

Soper. Excuse. Stewart. Yes.

Chair Madam Chairchair

Okay. Yes.

Lorena Garciaassemblymember

Woodrow. Yes.

Chair Madam Chairchair

Madam Chair. Yes. And that passes 10 to 0 with one excused. All right. Okay. Let's gear up for our last bill of the afternoon. If we could get representatives Garcia and Velasco. Thank you.

Lorena Garciaassemblymember

Representative Garcia. Thank you, Mr. Chair. We are here before you with House Bill 261276, which increases protections and checks and balances for interactions and engagement on the basis of immigration enforcement. The part of the bill that finance should concern itself with is the fee structure and the funding structure particularly in how we expect if there are any new detention facilities or ongoing activities within our detention facilities that they are done so through humane practices And that requires checks from CDPHE requires an environmental scan It requires certain things that will ensure the safety and protection of people who are held in detention facilities. I will note that just since 2026 began, there have been 45 deaths within ICE detention facilities. that are largely due to lack of access to medical services, to health care when needed. And so for us as a state, knowing that there are efforts to increase these centers in Colorado, it is important that we set parameters for how to operate these locations, even just with the minutia of dignity. We are bringing an amendment today, which is L11, that will also strike certain provisions of the bill that either cost too much or are questionable through legal minds as far as what is constitutional and what is not. I'll let my co-prime talk us through the amendment, but you have before you the memo, the updated memo, once we go through the amendment, that demonstrates particularly on page two of the memo that because of the fee structure that we are setting up and we are requiring the detention facilities to pay for these inspections, that this is a zero cost to the state. What comes into the state by charging the facilities is what it costs the state to engage in these inspections. And so with that, we ask for an aye vote. Representative Velasco. Thank you so much, Mr. Chair. And I'll go through the amendment that we have today. And when we first drafted this bill, we were responding to the asks of our community and trying to address what is happening in our country with immigration enforcement. and after a lot of stakeholder meetings, we received our fiscal note. So we have to address some of those concerns that were raised. So we're going to be offering L-011, and it removes Sections 1, 4, and 5 from the bill. Section 1 would have required more transparency with the multi-jurisdictional task forces or law enforcement officers participate in. We heard from stakeholders that this would result in a lot of duplicative work and that it was requiring information that may not be available to state or local agencies.

Chair Madam Chairchair

Also, Section 4 and 5 will have prohibited the use of our airport, trains, or bus system for the purpose of deportation. and we do not believe that we should use our state or local resources, we realize that there is more work to be done to ensure our cities and counties are able to comply. So we would urge a yes vote for the amendment. Questions from the committee. Representative Gonzalez.

Ryan Gonzalezassemblymember

Thank you, Mr. Chair. So I know you mentioned some stuff about duplicative stuff. So how does reporting unsealed subpoenas to the House and Senate Judiciary Committees when the legislature meets like just for the third of the year? And isn't this information available in DPS?

Chair Madam Chairchair

Representative Garcia.

Lorena Garciaassemblymember

Thank you. You know, What's interesting is there's this really cool nifty technology called email. And so a lot of times what happens is when we have to get updates and reporting that's not while we're in session, we get emailed.

Ryan Gonzalezassemblymember

Representative Gonzalez. And then what, your amendment, which sections were you going to strip out?

Chair Madam Chairchair

Representative Valeska.

Lorena Garciaassemblymember

Thank you, Mr. Chair. So we are removing Sections 1, 4, and 5.

Ryan Gonzalezassemblymember

Okay.

Chair Madam Chairchair

Representative Gonzalez, you made dialogue.

Ryan Gonzalezassemblymember

Okay, thank you. So I guess because my question was section two on page seven of the preeminent version is subsection two, duplicative of subsection one. But if you're amending that out, then that does not pertain, correct?

Lorena Garciaassemblymember

Correct.

Ryan Gonzalezassemblymember

Okay. And then what issues could arise if enforcement authority isn't clearly limited to the AG?

Chair Madam Chairchair

You're dialoguing.

Lorena Garciaassemblymember

I'm just trying to think of what a response to that would be. I mean, if you have in, I think first to start, it is our intention that it is enforced by the AG's office. We recently received a request to work on that, which we are planning on doing so. We just, we barely received that information today at like 12, 15. So we did not have time to work through that or confer with the AG's office to make sure that we were doing so in a correct way. So I think going back to your question of what could happen if it's not, I think if you want to talk more philosophically besides what we're going to do in the bill, happy to. But if our intention is that it is limited to the AG, maybe we can talk offline unless you want to.

Ryan Gonzalezassemblymember

And then are you bringing some sort of training requirements or is that not part of the bill?

Lorena Garciaassemblymember

Yes, we are also having some training requirements. Again, these are ongoing conversations that are moving slower than our committee schedule. And so we are securing confirmation from our partners on how we can get the training requirements and even just the standardized training that others can use so that they don't have to come up and rack their brain of coming up with their own.

Ryan Gonzalezassemblymember

So would that drive a fiscal note or would it be like a private-public partnership or how would that work?

Lorena Garciaassemblymember

It would not drive a fiscal note.

Chair Madam Chairchair

Representative Camacho.

Sean Camachoassemblymember

Thank you, Mr. Chair. Just curious from the sponsors. I know there have been some last-minute kind of concerns. Do you anticipate bringing in any other additional amendments? And if so, kind of generally speaking, what section?

Chair Madam Chairchair

Representative Garcia.

Lorena Garciaassemblymember

Thank you. I think that what I was just mentioning to Representative Gonzalez is particularly the concerns from CML on who has the authority to bring forward complaints against enacting these provisions. And so I think that's a clarity piece of making sure that this does solely lie within the jurisdiction of the AG's office.

Chair Madam Chairchair

Representative Camacho.

Sean Camachoassemblymember

Any other sections or just that one?

Lorena Garciaassemblymember

I think at this point, just that one. But again, we are open to ongoing conversations. And if there are other entities that have concerns, we are always happy to talk through them. I do want to just clarify I think any of us who have been in the legislature even for half a session know well that a complaint or a dislike doesn always mean amendment It means a conversation and if it makes sense to bring an amendment without it interfering with the intended purpose of the law then you bring it So we are always happy to have the conversations to see if we can get to a place that reduces heartburn.

Chair Madam Chairchair

Follow Representative Camacho.

Sean Camachoassemblymember

I've seen you on this committee numerous times, and when you say you're going to work on amendment, you do, so I'm fine.

Chair Madam Chairchair

Let the record reflect. We've been joined by Representative Soper. Any further questions of the bill sponsors? Seeing none, we're going to go to the witness testimony phase. We have three panels. We're going to start with those in opposition and in an amend position. If we could get Owen Brigner and Bennett Rutledge in person and then pull up our old friend Jeannie Rush online. Is there anyone else in an amend position or an opposed position?

Owen Brignerwitness

I'd like to testify on 1276.

Chair Madam Chairchair

Is Bennett Rutledge in the room? Okay, Mr. Brigner, please state your name. Tell us who you're testifying on behalf of. The floor is yours for three minutes, then hold for questions.

Owen Brignerwitness

Thanks, Mr. Chair. My name is Owen Brigner, and I'm here on behalf of the Colorado Municipal League, which represents 99% of all towns and cities in our state. CML is currently opposed. We've seen the amendment. I'll take it to the board and see if they have a different position which I've shared with the sponsors. But I'll start by saying that CML understands and appreciates the reasons behind this bill. And as I said, CML is currently opposed to specific sections of the bill. Namely, we were opposed to the transportation section, section 4 and section 5 and the task force provisions. and we did provide feedback about a little, maybe a little over two hours ago, which understandably there won't be an amendment coming to fix those, but those amendments related to Section 2. And I will also say one other part that CML is opposed to is the duplicative reporting requirements with the unsealed federal subpoenas. First, our members would have to report it to the Department of Public Safety within 72 hours, and then also to the House and Senate Judiciary Committees. We feel that's duplicative since the members of the Judiciary Committees could just look on the Internet because the Department of Public Safety has to post those. And as noted in the fiscal analysis, that duplicative reporting would add a workload without a clear reason and without funding. And I will say that in Section 2, there's a subsection 1A1 and subsection 1A2 that are duplicative. The second one conflicts with the first one, and the second one is ambiguous. We think that opens up our members to unnecessary risk and a significant risk of being misinterpreted. And then, relatedly, as the conversation between Representative Gonzalez and Representative Garcia mentioned, CML would like to see clarifying language that specifically says the Attorney General has the exclusive authority to bring action and not any other party. And I will just say lastly that CML appreciates the sponsor's willingness to make significant changes to the bill and the progress that has been made. They've committed to meeting with us about the email that I sent two hours ago, which I appreciate greatly, and we look forward to continuing to work with them and the proponents in good faith. So thanks. Happy to answer your questions.

Chair Madam Chairchair

Thanks. Please hold for questions. We will go online to Jeannie Rush. It Rush nice to see you Please unmute yourself Floor is yours for three

Jeannie Rushwitness

Can you hear me?

Chair Madam Chairchair

Sure can.

Jeannie Rushwitness

All right. Goodness gracious. Great balls of fire. Holy moly. Let's do this. You actually put this bill in print. You're worrying about the CDPHE monitoring cleanliness for an illegal situation, most likely criminal and worrying about civil rights, which if you're illegal, you should be handled by the government, the military and the ICE, not the state. But you did not even want to clean up abortion clinics for women. You put that bill down, but this is OK. And so they could have botched abortions, babies and toilets and all that nasty stuff. You're wanting to penalize, prosecute, law enforcement officers, federal, local, etc., to violate their oath to protect us. We, the legal citizens of America, submit reports to more departments, more paperwork, already requirements. Can't drive this car, can't do this without permission. And what this is, obviously, is sadly, it's an attack on the ice and immigration, and it is an affront to national security. You passed 005, which was a total abomination. And now you want to double down on all the crime rates that are in the top two in the nation. Our state is destroyed. Illegal drivers, no insurance. Crime is up. Everything is up. But we're going to worry about 40,000, 50,000 people who don't belong here and destroy this state even further. You've put fear of judicial actions on the very people that are tasked to protect us, which is our law enforcement people. And you've also went into the airports. You know, I don't need to read you your bill. You already know this. It's kind of the Looney Tunes. Nothing in this bill makes any sense at all by any laws on the books. Ask about all of the parents and families who have lost loved ones because of policies like this. Let's keep these people here. Get them back where they came from. Deport them. They don't belong here. And then you insult the entire state by using the safety clause like a little gimme to hide behind. I wish they would dump the safety clause because nobody should take the voice of the people away. We should have a right to vote on these policies that impact all our communities. They impact everything we have to do. I mean, look, you wanted to make you want to make the state our pimp. You want to let them traffic kids. You're mutilating kids. You're doing all these horrible things in the bills you've made. And here comes another one that is going to be a nightmare for the very people who support us. I'm just so object to all of this. This bill does not help us at all. This bill should go into that thing you call. I don't know what you call the round file, but whatever y'all call it, it needs to go there and stay there. Thank you very much.

Chair Madam Chairchair

Thank you. Please hold for questions. Last call for anyone in an amend or opposed position to 1276. Seeing none, committee, any questions for the witnesses?

Ryan Gonzalezassemblymember

Representative Gonzalez. Thank you, Mr. Chair. Mr. Brigner, you said that this would increase workload for your members. Could that be seen as maybe an unfunded mandate, or would municipalities have to incur some sort of cost? What would that look like I know they mentioned a training program that could potentially increase workload I just don know how that would work Where do you see this with that specific aspect that you mentioned Mr Brigham Thanks Mr Chair Thanks Representative Gonzalez

Owen Brignerwitness

I think it would certainly require municipalities to come up with new policies and procedures on the subpoena front. I'd imagine they'd have to come up with some tracking mechanism for what subpoenas they use. So I guess, in theory, yeah, you could call it an unfunded mandate.

Chair Madam Chairchair

Any follow-up, Representative Gonzalez? Representative Soper.

Michael Carterassemblymember

Thank you, Mr. Chair. My question is also for CML. I wondered if you could go back on and talk about what you started to describe as it's published on the Department of Public Safety's website, but other people somehow don't have access to Internet or the ability to view Public Safety's website. they have to do their own report. And if you could just explain that a little bit more.

Chair Madam Chairchair

Mr. Bregner.

Owen Brignerwitness

Thank you, Mr. Chair. Thank you, Representative Soper. I think what I was talking about was the duplicative nature of reporting to the House and Senate Judiciary Committees and to the Department of Public Safety. I don't want to assume, but I assume that members of the House and Senate Judiciary Committees have access to the Internet. So what I was saying was, and from CML's perspective, we don't see really a reason to submit those reports of subpoenas to both the committees and DPS when DPS is going to post on the website, when the committee could just look at the website on what's posted. Because the timelines match, so you would be getting them at the same time.

Chair Madam Chairchair

Thank you, Mr. Chair, and thank you very much for that answer.

Michael Carterassemblymember

Do you think that Department of Public Safety, because they do testify in front of the Joint Judiciary Committees, would be able to report on that information without it being sent to the legislature directly. Mr. Brigner.

Chair Madam Chairchair

Thank you, Mr. Chair.

Owen Brignerwitness

Thank you, Representative Soper. Yeah, I mean, the bill requires that the subpoenas be submitted to Department of Public Safety within, I think it's 72 hours of it being served, an unsealed subpoena being served, and then within 24 hours, the Department of Public Safety has to post it. And so that's what we're referring to.

Chair Madam Chairchair

Thank you, Mr. Chair, and thank you for that.

Michael Carterassemblymember

That seems definitely like an unfunded mandate. I don't see that anywhere in here that there's compensation for that additional work that's being delivered, and I know that there's a cost to government employees taking time away from their other work that they have to be able to do this. Have you modeled what that cost would be?

Chair Madam Chairchair

Mr. Bergner.

Owen Brignerwitness

Thank you, Representative. Thank you, Mr. Chairman. Thank you, Representative Soper. Yeah, I think you're right. Perhaps my answer wasn't a very strong to Representative Gonzalez. It definitely would be an unfunded mandate. I mean, our members would have to come up with policies and procedures. Our members would have to find a way to track all of these subpoenas and then also send them to the House and Senate Judiciary Committees and to the Department of Public Safety. I know Representative Garcia said it could just be an email, but there also is going to be a way to – our members are going to have to track it, and they're going to have to submit it. And there's also tight timelines associated with this. So meeting that would move them away from doing their core functions already expected of them.

Chair Madam Chairchair

I'll have Representative Sober.

Michael Carterassemblymember

You may dialogue. Thank you, Mr. Chair. Thank you, Mr. Brigner. Are you aware of a law currently on the books that if the General Assembly doesn't pay for a mandate that we're placing on local governments, that local governments can go ahead and refuse that mandate.

Owen Brignerwitness

Yes, Representative Soper, CML is very aware of that law. In fact, I think it came from Governor Hickenlooper. In fact, also, the unfunded mandate portion is in the Constitution.

Chair Madam Chairchair

I guess we're dialoguing.

Michael Carterassemblymember

And I appreciate hearing that it's not only in statute but also in the Constitution. Considering that this is not funded, there's no allocation being made to local governments, would you see local governments as being in a position where they would be able to waive the obligation that's being required here?

Chair Madam Chairchair

We're dialoguing. Thanks, Representative Soper.

Owen Brignerwitness

This is a conversation that happens internally at CML all the time. I think we've gotten away from, I think the legislature has gotten away from respecting that portion of the Constitution, particularly when it comes to unoffended mandates and that statute. I don't, I'm not sure that CML would encourage our members to ignore the law or waive the requirements associated with it, but I mean the statute and the Constitution are clear, so that's certainly their prerogative. And in the future, where we have, I mean, let's say this conversation is actually listened to for the record by litigation. The Attorney General is having to defend the fact that the General Assembly clearly had noticed that there is a constitutional provision and a statute that if it's not funded, local governments do not have to comply or fulfill that obligation. would you say that in the future as people are listening to this dialogue back and forth that this is adequate and noticed that the General Assembly knew good and well that this constitutional provision existed and we're ignoring that?

Chair Madam Chairchair

Yes. Thank you.

Lorena Garciaassemblymember

Representative Marshall. Thank you Mr. Chair. I think I have four questions if I could just dialogue through them real quick.

Chair Madam Chairchair

Yes.

Lorena Garciaassemblymember

So my understanding is the biggest issues are going to be taken care of by amendments. So we're looking at this reporting requirement. If it's a de minimis amount, it wouldn't be a good faith refusal, would it?

Chair Madam Chairchair

We're dialoguing.

Lorena Garciaassemblymember

Thanks, Representative Marshall. To Representative Soper's question, which I notably did not answer on the modeling of how much this would cost, I don't know what the cost would be to do it, so I would hesitate to answer that question on that front. Yeah, and the hesitation would be because no modeling has been done, and is that possibly because the modeling would cost more than just CCing our Judiciary Committee on what you send to DPS?

Owen Brignerwitness

I'm not sure that's true. I think it would depend on the size of the municipality, but I think that's a reasonable, I think it's reasonable to suggest that. But some of our members are, I mean, some of our members obviously range from Denver to even smaller. So, I mean, some of the town employees are not even full-time employees. So it is an open question on how they'd be able to comply with the tight timelines.

Chair Madam Chairchair

Well, again, you're here as the representative of CML.

Lorena Garciaassemblymember

Could you take any guess what the marginal extra cost is to CC, put something in a CC line on an email? I would not be comfortable making that estimate. Because it wouldn't be a good faith estimate?

Owen Brignerwitness

I'm not sure what the estimate would be.

Chair Madam Chairchair

Thank you Any further questions for the witnesses Representative Zokai Thank you Mr Chair Question for CML

Yara Zokaieassemblymember

I'm just trying to understand the scope of how this section 2 applies to your members. Which of your members are receiving subpoenas from federal immigration authorities?

Chair Madam Chairchair

Mr. Brigner.

Owen Brignerwitness

Thanks, Mr. Chair. Thanks, Representative Zokai. I will say, to piggyback on, to go back to what Representative Marshall said, again, they'd also have to create policies and procedures around it. So it may not just be email. They would also have to receive subpoenas and the rest. So I'm not sure all of the costs can be attributed just to CCing someone on email. To your question, Representative Zokai, I don't know how many of our members are receiving federal subpoenas. Follow-up, Representative Zokai.

Chair Madam Chairchair

Thank you, Mr. Chair.

Yara Zokaieassemblymember

So is it the position of CML that this would be overly burdensome, but we don't know if they're receiving subpoenas at all? Mr. Brigner.

Chair Madam Chairchair

Thank you, Mr. Chair.

Owen Brignerwitness

Representative Zokai, I testified that CML's issues and concerns were almost met by the sponsor's willingness to make changes to the bill. I did not testify that this would be overly burdensome. It was a dialogue that Representative Soper and I had, but I did not testify that way.

Chair Madam Chairchair

Follow up, Representative Zokai.

Yara Zokaieassemblymember

Thank you, Mr. Chair. So I guess I'm confused as to what the concern with Section 2 is. You're telling me it's not burdensome. What is the concern?

Chair Madam Chairchair

Mr. Bergner.

Owen Brignerwitness

Thank you, Mr. Chair. Thanks for the question, Representative Zokai. I will say we were talking about a different portion of the bill. Section 2 is about clarifying the duplicative nature and the ambiguity of Section 2.1A2 and Section 2.1A1. 1A2 is ambiguous and we think opens municipalities up to liability and risk. What Representative Soper and I were talking about was and Representative Marshall and I were talking about were the duplicative nature of reporting to the Department of Public Safety and to the House Incentive Judiciary Committees.

Chair Madam Chairchair

Any follow-up representatives?

Yara Zokaieassemblymember

Not right now.

Chair Madam Chairchair

Anyone else?

Ryan Gonzalezassemblymember

Yeah, Representative Gonzalez. Thank you, Mr. Chair. So, Mr. Brigner, I know your smaller municipalities. you could argue, right, that this takes away from other rules that they have. Sometimes they don't have the staff, the manpower, the width. I mean, we argue about our departments that need more FTE, so could that be argued that this does cause them fun and mandates because they don't have the manpower? Again, it's more than just CC. They have to process things and take stuff away from them. So what have you heard from them specifically about why they were concerned with that?

Chair Madam Chairchair

Mr. Brigner.

Owen Brignerwitness

Thank you, Mr. Chair. Thank you, Representative Gonzalez. I will say, as I mentioned to Representative Marshall, some of our municipalities meet are part-time. They're not even full-time employees, the town clerks, et cetera. And so, yeah, it would take away from their regular functions to be able to do this. And the bill is very prescriptive in the timelines. They're very tight in turning them around. So it would be up to them on how they'd have to figure that out. Obviously, they'd have to pay them to do it in addition to needing to come up with new policies and procedures to be able to do it. So, yeah, that's what I would say.

Chair Madam Chairchair

Any further questions for this panel of witnesses? Seeing none, thank you all for your time this afternoon. We'll call up our next panel, Selena Lopez, Isaac Bevis, Naomi Andre, and Margaret Rothamerell.

Thank you Isaac

Chair Madam Chairchair

Alright. The little button by the red light. And I'll start on my right. Tell us who you are, if you represent anyone other than yourself, and we'll give you three minutes.

Naomi Andrewitness

Thank you, Madam Chair. My name is Naomi Andre. I am here representing myself. I am here in support of this bill because I believe that it can do a lot of good for anyone who has been detained, who is being held in a detention center, or who might be held in a detention center. I believe we've all seen a lot of the atrocities that can be committed in detention facilities and I would like none of them to happen to any Coloradans in any capacity. I believe that there are a lot of human rights violations and I think that this bill can help prevent those and it sounds like there has been a lot of thought put into the money that would be going into it and the money that might be coming from it And because of this, I think that any opposition to this bill should be worked through after it has been passed and as it continues through the process. Thank you.

Chair Madam Chairchair

All right, sir.

Isaac Beavisother

Thank you, Mr. Chair and members of the committee. Thank you for giving me the opportunity to speak today. My name is Isaac Beavis, and I am representing myself. I'm here to testify in support of House Bill 26-1276. All people, regardless of immigration status, are not only legally entitled to the rights and freedoms present in our state and federal constitutions, but they also deserve to be treated with basic dignity and human rights. Historically, immigration detention facilities have violated these sacred rights. We have seen this time and time again in national news, such as the so-called Alligator Alcatraz in Florida, and also here in our own state of Colorado. For example, here are just a few recent headlines regarding the Aurora Immigration Detention Center. from the aurora sentinel on march 3rd 2026 says aurora ice immigration detainees face hunger and health woes report fines from the denver 7 from april 1st 2026 says health officials say aurora ice detention facility blocked staff interviews during illness outbreak probe the denver gazette from March 3rd, 2026, says report claims poor living, health, and food conditions at Aurora ICE Detention Center. The Denver Post from March 27th, 2026, says Adams County admonishes ICE Detention Center over poor access communication during public health investigation. These are just a few articles about a single detention center, not more than a 30-minute drive from this very Capitol building over in Aurora, Colorado. I will close with a question to the committee and other members in this room. What will you say to your children and grandchildren when they ask you what you did to stop rising fascism in America? I believe this bill is a step in the right direction towards stopping fascism in its tracks I urge you to vote yes on House Bill 1276

Chair Madam Chairchair

Thank you. Thank you. Please hold for questions. Next witness.

Margaret Rothermelwitness

My name is Margaret Rothermel. I am here representing myself as a citizen of Colorado. and I urge you to move this bill forward and I support it fully out of my own values. I feel as a citizen that any organization or agency receiving any form of compensation from the state of Colorado is obligated to produce a transparent report as to its activities and their outcome. I have long been a volunteer for an entirely different department where I am required year by year to keep up with all laws and regulations that affect that department and not only be knowledgeable of them but able to teach them to others. I do this as a volunteer. Also, I feel that every human being is entitled to the respect and dignity of being provided safe and sanitary facilities wherever they are kept for the duration of time. Be it a state-funded preschool or a state prison, they are all entitled to safe and sanitary facilities. facilities. And out of those values, I urge you to move House Bill 1276 forward. Thank

Chair Madam Chairchair

you. Thank you. That's when it's on the panel. Mr. Chair, members of the committee, thank

Selena Lopezwitness

you for the opportunity to speak today. My name is Selena Lopez. I'm representing myself and I'm here to support House Bill 1276. This bill is crucial for Coloradans. This bill will protect immigrants, one of our most vulnerable minority groups, as well as help enshrine the basic principle that everyone deserves to be treated with respect and dignity. Everyone. Not just myself and others who happen to have been born in the United States. First, I'd like to highlight the part of the bill concerning our personal data. We need harsher penalties for state workers who give out personal information. It is not enough to penalize the individual themselves. The agency or political subdivision as a whole needs to be penalized. This is an era of constant and invasive private surveillance, and we absolutely

Chair Madam Chairchair

cannot tolerate a government employee doing this. One might have the argument, our information is already out there. What is the harm in a political worker doing this? That's the thing. We don't want our information out there to begin with, or stolen by private corporations. We see this in the extreme unpopularity of flock cameras. We need to hold our political employees to a higher standard and have harsher penalties for intentionally violating policies concerning our personal data. Secondly, I'd like to discuss the conditions inside of these federal detention facilities and give accounts of those detained. However, I am unstuted to do so because I will start crying if I repeat these accounts. These conditions are horrific. They're crimes against humanity. And these physicians facilities deserve to be called what they are, which is the concentration camps. The accounts of life in the Dilley Center in Texas are particularly lawful, especially with the children and what they have to go through. The purpose of ICE transporting detainees and subjecting them to these conditions is to coerce them into signing voluntary removal documents. ICE moves detainees away from their support systems, their lawyers, their families, their friends. The cruelty is the point. Which is why when we improve our detention center here in Aurora, we need to minimize transporting detainees out-of-state concentration camps to out-of-state concentration camps. It would be a great disservice to our immigrant Coloradans to improve our detention facilities to only then allow them to be disappeared to an out-of-state camp. You as representatives of the people of Colorado have a duty to protect us. All of us. You have the duty to ensure airports and state governmental agencies don't engage with federal immigration authorities to transport detainees. The penalties for violating this transportation policy need to be severe. It is up to you, our elected state officials, to put these safety mechanisms into place. Thank you. Thank you. Committee, any questions for this panel? Thank you all for your time this afternoon. You can get Jennifer Piper, Elizabeth Berciaga, Andrea Loya, Megan Bodden, and Ben DiNardo. And I will leave Megan and Ben our remote. unfortunately you sat in the go first seat so you could hit the hit the button right there let it go

Owen Brignerwitness

green please state your name floor is yours for three minutes thank you chair my name is jennifer piper i work for the american friends service committee it's a quaker-based peace and justice organization with over 100 years of experience in war-torn areas and in the domestic United States supporting people's human rights. Here in Colorado, I've been working. I first learned about the Aurora Geo Group-run detention center in 2007 when it was set to expand from just 500 beds to 1,500 beds. At that time, we didn't know very much about how detention worked in the United States, and we weren't aware as a movement that there was a very clear profit motive involved in immigrant detention. So almost more than three quarters of the detention facilities that Immigration and Customs Enforcement runs are run by for-profit corporations like the GEO Group. These corporations are publicly traded. They make profit both from our taxpayer dollars to hold people in these facilities, as well as through stock trade. And they perceive the humans in their care as part of that profit model. When you hear about the abuses, I'm sure you ask, like, why is it so bad in these facilities? And the reason is the more you cut costs the bigger your profit is So if you feed people less if you provide less medical care on site if you ignore or treat medical conditions with just ibuprofen, all of that cuts your costs and increases your profits. The federal contracts that the U.S. government makes with these corporations don't have any mechanisms for punishment for conditions that don't meet the standard. So in the contracting, if you don't meet the standard, there's no penalty. There's no profit motive to do better in these facilities. And that is why we are here today to ask the state legislature to ensure that the people who are held in these facilities have enough to eat, have appropriate medical treatment. Over the 20 years that I've been doing this, three people have died. But hundreds more have left these facilities with ongoing mental and medical problems. People have lost limbs in the facility. they've acquired new diagnoses and without intervention without your help to show to demonstrate and to find and to make more difficult and less profitable this business another death will happen soon thank you for your time thank you please hold for questions next

Jeannie Rushwitness

witness. Thank you, Mr. Chair and members of the committee. My name is Elizabeth Burciaga, and I'm the manager of community and education initiatives at Movimiento Poder, an organization local to Denver, Colorado. Thank you for the opportunity and allowing to testify in support of this bill, HB 26-1276. In my role, I work closely with immigrant parents and young people across Denver. I sit with mothers who are afraid to speak and show up and share their truth. I also work with students who are directly impacted and see their loved ones directly impacted. For us, this is a very important bill, and this bill takes meaningful steps to build upon laws passed by this legislative body to protect our immigrant communities. This bill's expansion of inspection authority for the immigration detention facilities is particularly important. Strengthening the Department of Public Health and Environment's ability to conduct consistent, thorough inspections and to enforce health and safety standards creates a level of accountability that does not currently exist at the level our communities need. We first included state inspection of detention facilities during the COVID pandemic when our community was getting sick while inside. We are facing similar levels of crisis, now with overcredding of these facilities with very little federal oversight or care for the individuals inside. Without this needed oversight, standards are difficult to verify and even harder to enforce. This bill also supports the Department of Public Safety in building out a system to collect and publish information related to federal subpoenas. For the families that I work with, access to clear and reliable information is critical. With information about government activity is difficult to obtain, it contributes confusion and distrust. A centralized and accessible reporting system helps address that they're making processes that are more transparent. From my perspective and working directly with immigrant families we need our communities and we need you all to be champions At a time where immigrant communities are facing heightened fear uncertainty the need for the policies that promote transparency and accountability and basic protections is more urgent than ever For these reasons I urgently urge your support and thank you for your time and your consideration. Thank you.

Yara Zokaieassemblymember

Ms. Loya. Yeah, I think this is already green. My name is Andrea Loya. I work for Casa de Paz, Colorado. We have been in community for 14 years meeting people who are released from the detention center in Aurora. So for over a decade I have heard stories of the people who come out of this detention center. I come before you all today respectfully to urge that you pass 1276. Every single day the women that work at Casa de Paz see the consequences. that affect the real lives when federal agencies carry on with no oversight. The reason that we do not feel like Minneapolis is because ICE knows that in Colorado, the raids on February 5th, 2025 did not work as they expected it to work. They did not work as planned. So they know that they have to violate people's constitutional rights to arrest us. Colorado Springs folks do not have the luxury to walk around like people in Denver. They walk in fear because they are haunted in the middle of the day. Other parts of Colorado already do not feel safe. and they are living and working in this state for decades, actually avoiding any sort of law enforcement because all they have done is work and follow the law. And yet they are still facing detention with no line to get into for a real immigration pathway. I urge that you all read the latest shutdown to your report. It is available online and it is clear why we must ensure that people have human conditions. And that is truly the bare minimum. We need to take action and place some dignity back into detention centers. The only reason why Colorado does not have a death in the last 15 months here in Colorado is because people are being released to Casa de Paz before they meet that. We are seeing the sickest people be released into community. we must ensure that detention does not take another life here and that's just the minimum. No one should be held in conditions that are violating basic standards of health, safety, and public resources should not be being used for those efforts. People are being fed spoiled sale food that is worsening their health conditions and worsening existing ones And Colorado has the responsibility to protect the health and safety of all people in Colorado. Thank you.

Chair Madam Chairchair

Thank you. If you go online, Mr. DiNardo.

Ben DiNardoother

Hello. Hi. Members of the committee, thank you for your time today. My name is Ben DiNardo, and I'm here representing myself. I here in support of House Bill 26 and I want to thank the sponsors of this bill for doing what we can in the state of Colorado to fight back against federal overreach As a lifelong Coloradoan and a student of history I deeply concerned about the direction our nation is headed Growing up in Colorado, I was taught that all people are born equal and not to judge others based on circumstances of their birth. However, the federal government is sending masked, unmarked agents into our streets to abduct our neighbors. And unfortunately, there's not much we can do to stop this violence other than to document what we can as citizens. And for those of you who think this violence will stop with our undocumented neighbors, all the federal government need do is say that you are undocumented and there go your rights as well. This bill will help us as a state be able to respond to this federal overreach and ensure that all humans in this state are treated humanely. By setting reasonable common-sense standards to ensure the health and safety of individuals being attained in our state, we can at least provide some accountability and oversight for what the federal government is doing in all of our names. No bill is perfect and while there are those who think this legislation goes too far, others believe this legislation does not go far enough. However, this is the bill that we have before us today. If you have any concern about the actions of the federal government, the federal government that is supposed to represent all of us, is taking with regards to our neighbors, please vote to advance this bill. The only way that we as a nation can move forward is to steadily and terminally work towards a country we can all be proud of, where none Some need fear the violence of the state against their person simply for trying to live a productive life. Thank you, members of the committee, and I implore you to vote for House Bill 26-12-76.

Chair Madam Chairchair

Thank you. Thank you. We'll go also online to Megan Bowden.

Naomi Andrewitness

Hello. Thank you to Mr. Chair and members of the committee. My name is Megan Bowden. I'm calling in from Loveland, Colorado, and I'm calling for the committee to advance the bill 1276. Firstly, my stance is that we should not have detention centers in Colorado or anywhere. They're too similar to the atrocious camps of World War II. But since we do have them, we need to uphold safety standards. We've all heard of the horrific encounters and unsafe conditions, and that needs to be stopped The only legitimate arguments against this bill are bureaucratic logistics, which in relation to inhumane treatment is weak So let's be on the right side of history, and let's uphold safety standards and pass HB 26-1276

Chair Madam Chairchair

Thank you. Thank you. I'll hold for questions. Mr. May.

Ben DiNardoother

Hello. Can you guys hear me? We can hear you.

Chair Madam Chairchair

All right.

Michael Mayother

Hello to all those on the committee. My name is Michael May. I'm a graduate student at CSU Fort Collins, and thank you for the opportunity to testify. I'm here to represent myself as someone who cares for the health and safety of our immigrant brothers and sisters. As of March 18, 2026, Immigration and Customs Enforcement has reported 46 deaths in their custody or detention facilities since the start of the second Trump administration. These are the highest levels of dead seen in over two decades, and deaths in 2026 are on track to meet or exceed the numbers that we saw in 2025. KFF, one of the leading health policy organizations in the country, reported that detention facilities have a history of inadequate compliance with health and safety standards, insufficient health care, shortages in health care staffing, and limited oversight, which may create health risks for those detained. The increased number of people in detention facilities and overcrowding of facilities may further increase health risks, particularly for communicable diseases like measles and people with complex medical conditions. In other words, the federal government has turned detention centers into places where large numbers of people, especially political prisoners like student protesters like Mahmoud Khalil, and members of persecuted minorities are deliberately imprisoned in a relatively small area with inadequate facilities. What I have just stated is the verbatim, the Oxford Dictionary's definition of a concentration camp, something that our federal government is hurtling towards in their quest for mass deportations of our neighbors. works. In instances where the federal government is simply allowing these gross violations of health, safety, and human dignity, our state must step in to provide necessary oversight. Requiring health and environmental safety protections are a necessity across this country, but since the federal government has shown an incredible lack of amount of negligence towards the well-being of residents in our country, we must pick up the slack to ensure that these concentration centers do not become death camps. Thank you very much for your time, and I urge the committee to vote yes on this bill. Thank you. Thank you, Mr. May. Are there any questions for

Chair Madam Chairchair

this panel? All right, I'm not seeing any questions. Thank you all for being here. We really appreciate your time. Are there anyone else in the room who would like to testify on House Bill 1276. Please come on down. Thank you, sir. Can you hit the little button and make sure your light is green? It sure does. State your name. Floor is yours for three minutes.

Margaret Rothermelwitness

My name is Bennett Rutledge. I am from Centennial, Colorado, and I am speaking for myself. Chair Woodrow and members, good afternoon. The Cherokee and Arapaho Nation has expressed a concern for people with ancestral roots in this soil in encounters with ICE. We also have the Ute Mountain Utes and the Southern Utes here in Colorado as First Nations peoples and there are of course other First Nations peoples centered in other states who come through on a very frequent basis There are also people who are of Mexican descent who were offered the opportunity to become U.S. citizens. Their ancestors were offered the opportunity to become U.S. citizens. as part of the Treaty of Succession associated with the Louisiana Purchase. And later, the Treaty of Guadalupe Hidalgo at the end of the Mexican War. these people are indeed citizens of the United States and they are at risk a young man named Brian Morales just last week was swept up by the ICE and after some bullying and consenting to being taken out of the country. He wound up in Mexico, in a place he could not identify, where he had no idea where to get any sort of assistance. The 14th Amendment tasks the state of Colorado with due process and equal protection of the laws. And under the Tenth Amendment, we have the right to protect our own people here in Colorado. So justice, freedom, due process, and equal protection of laws is worth the quarter million dollars mentioned in the fiscal note. Please vote yes on this. Thank you.

Chair Madam Chairchair

Any questions for this witness? Thank you so much for your time this afternoon. And thank you. Okay, that was our final call for witnesses on 1276. The witness testimony phase is closed. Bill sponsors, amendments.

Lorena Garciaassemblymember

Mr. Chair, I move L11.

Chair Madam Chairchair

Motion to move L11, second by Representative Zocay.

Lorena Garciaassemblymember

Representative Garcia. Members, what this amendment does briefly again is it strikes sections two, sections four, and sections five of the bill. Let me ask for an aye vote. Section one, sorry. One, four, and five. Sections one, not two. One, four, and five.

Chair Madam Chairchair

Committee, any questions on L0011? Just L11. Any objection to L11? Seeing none, L11 is passed. Any other amendments? Bill sponsored.

Lorena Garciaassemblymember

No.

Chair Madam Chairchair

Committee, any amendments? Seeing none, the amendment phase is closed. Wrap up. Bill sponsored.

Lorena Garciaassemblymember

Representative Garcia Thank you members For Your engagement on this bill I want to thank all the witnesses for being here and talking about why this bill is necessary We have worked a lot on this and have made, us as well as our coalition and community members have made, some pretty hard concessions with bringing this amendment forward to take out certain provisions that we believe are necessary to keep individuals safe in this state. However, given our absolutely terrible financial position as a state, we understood that in order to make sure that we can have some protections, we can't really fight for all protections. And so therefore we agreed that striking these sections that cost more for the state to implement was okay to do for now. and the bill now as you see it as you see with the updated fiscal memo is not going to add any cost to the state without equal revenue coming in per the companies having to pay for ensuring that they are treating people humanely and with respect and ask for an aye vote

Selena Lopezwitness

Representative Velasco Thank you Mr. Chair and I also want to thank everyone that came to testify and Archa Yesbo.

Chair Madam Chairchair

Closing comments from the committee. Representative Gonzalez.

Ryan Gonzalezassemblymember

Thank you, Mr. Chair. Sponsors, thank you for the discussion. I think it's a discussion that, again, as I've said, it's very tough, very, very just difficult for some people to talk about. We have to understand that the reason why we're in this position is because we have a failed and broken immigration system. We've had it for decades in this country. I wish the state could have at least some sort of say or influence in policy when it comes to migrants, undocumented migrants. It's sad. I understand that we should have a fair and humane. I want to emphasize that, fair and humane. We should. I'm not afraid to say that. I sometimes take hate from certain people, but I don't care because I know what it's like. My parents are immigrants. I have people in my community who are undocumented. They're good people. They just want to work. There's some, of course, there's some bad apples everywhere. And, you know, I just also want to say that whatever your view is on this administration currently, you know, I have my own concerns with this administration, the federal administration. But I think also the reason why I got involved, too, is because I saw former President Obama deport millions of undocumented migrants as well. millions. And where was the outcry? You can argue, well, ICE now is very... I have my own problems with ICE right now. I do. The way things are being handled with that specific department, I have my own concerns. I understand. I also just want to put on the record that in statute and in our Constitution it has no threshold for a minimum or maximum of an unfunded mandate. Meaning $5, $5,000, a full-time employee, part-time employee you know I appreciate the conversation is that you're willing to have especially with local municipalities and governments and again we have all these laws but what's the enforcement mechanism that costs money right but again I do understand where you guys are coming from so I just want to go on the record just to explain that because I know and I understand and you know how I feel about the issue I said that Well I talked to you guys individually about how I feel because this is an issue that we have to fix And I wish we as a state had more control over immigration policy. I really do. At the same time, I also want to – my concern, my only concern – well, one of the concerns I have is despite whatever administration is in charge, you know, they enforce laws. some enforce some laws, some administrations enforce other laws. I don't want to jeopardize federal funding. Representative Garcia, you mentioned the terrible financial situation we're in right now. We are. When we're trying to make cuts to other departments, higher ed, Medicaid, infrastructure, we cannot jeopardize federal funds. And I'm not trying to say we need to prioritize money over humanitarian issues because, you know, humanitarian, there's a moral principle to treat everybody. due process. There's that principle. And so I just, I truly believe your heart's in the right place. We have to do something. But I just want to go on record to explain kind of how I see the issue. And I know that we can come to an agreement eventually, and I'm happy to have this conversation with you. So thank you, Mr. Chairman. Thank you, sponsors.

Chair Madam Chairchair

Any other closing comments?

Representative Marshall. Thank you, Mr. Chair. I wasn't going to say anything, but I'm very appreciative to the sponsors for getting where they're going because I always frequently have to find myself between the two extremes of the people who want to deport everyone and doesn't give a damn how it's done. And our colleagues that the first day someone's here, treat them the exact same as any U.S. citizen who's been here 30 years. You've gotten to a really good place because we have reported issues of facilities that are not being well run, and they're not federal facilities. They're private areas that can be and should be under the health, safety, and protection of the state government. So reaching in there and taking care of that issue. I applaud both of you, even though I know it was very painful to give up the other parts, where, again, I don't think we can or should interfere with the federal government's areas where it's in their areas, but we certainly don't have to compromise and health and safety regulations for private buildings and private land, even if it's being contracted to the federal government. That's within the state's prerogative, and so I applaud you for going after that.

Chair Madam Chairchair

Any other closing comments?

Lorena Garciaassemblymember

All right, seeing none, Representative Garcia, proper motion, Rouse 1276, as amended to the Committee on Appropriations. I move House Bill 1276 as amended to the Committee of Appropriations with a favorable recommendation.

Chair Madam Chairchair

Second.

Sean Camachoassemblymember

Second by Representative Camacho.

Chair Madam Chairchair

I was on the mic. Never represents. All right. Please poll the committee.

Max Brooksassemblymember

Representatives Brooks. No.

Sean Camachoassemblymember

Camacho. Yes.

Lorena Garciaassemblymember

Garcia. Yes.

Ryan Gonzalezassemblymember

Gonzalez. Respectfully, no.

Anthony Hartsookassemblymember

Artsock. No.

Marshall. Yes.

Michael Carterassemblymember

Soper. No.

Stuart. Respectfully, yes.

Zocay. Absolutely, yes.

Chair Madam Chairchair

To Tom. Me. Mr. Chair. Yes, that passes 7-4. All right, folks, that concludes our business this Monday, April 13th, in-house finance. Pay attention to your calendars and communications from the chair before Thursday when we meet upon adjournment. Until then, we stand adjourned. Thank you. Thank you.

Source: House Finance [Apr 13, 2026] · April 13, 2026 · Gavelin.ai