March 30, 2026 · 43,691 words · 14 speakers · 414 segments
Amen. The house will come to order. Today, the Pledge of Allegiance will be led by Michael Danels, Stella King, Andre Beaudre, Emily Adam-Diaz, and from the Studio School, North Glen, Colorado, guests of Representative Wilford. Please join us for the pledge.
I pledge allegiance to the flag of the United States of America, and to the republic of which the nation, among nations, under God, indivisible, liberty and justice for all.
Mr. Schiebel, please call the roll.
Representatives Bacon. AML Bacon. excused Barone, Basenecker, Bottoms, Bradfield, Bradley, Brooks, Brown, Caldwell, Minority Leader Caldwell, excused, Camacho, Carter, Clifford, DeGraff. Duran. English. Representative English. Excuse. Espinoza. Ferre. Flanelle. Froelich. Garcia. Representative Garcia. Excuse. Garcia Sander. Gilchrist. Rep. Gilchrist. Excused. Goldstein. Gonzalez. Hamrick. Hartsook. Rep. Jackson is excused. Johnson. Joseph. Kelty. Leader. Representative Leader. Excuse. Lindsey. Luck. Lukens. Mabry. Marshall. Martinez. Morrow. McCormick. Representative McCormick. Excuse. Wynn. Pascal. Representative Pascal. Excused. Phillips. Richardson. Ricks. Representative Ricks. Excused. Rutanel. Ryden. Sirota, Slaw, Smith, Soper, Representative Soper. Excuse Stuart K Stuart R Representative Stuart R Excuse. Story. Rep. Story. Excuse. Sukla. Taggart. Tatone. Representative Titone is excused. Valdez A. Rep. Valdez excused. Velasco is excused. Weinberg. Wilford. Representative Wilford. Excuse. Winter. Woodrow. Representative Woodrow. Excuse. Woog. Zokai. And Madam Speaker. Here. two in No? No?
With 57 present, 8 excused, we do have a quorum. Representative Froelich. Members, can I have your attention? Representative Froelich
Thank you, Madam Speaker. I move that the journal of Friday, March 27th be approved as corrected by the Chief Clerk
Members, you have heard the motion that the journal be approved as corrected by the Chief Clerk All those in favor say aye Aye All those opposed, no No. The ayes really do have it. The motion passes. Members, announcements and introductions. Representative Goldstein.
Thank you, Madam Chair. It's a pleasure to serve with you. It is a pleasure to serve with you. Good morning, everyone. You will notice that we are surrounded with fourth graders this morning on either side of our chamber. I want to welcome to you the studio school fourth graders from Adams 12. and they are the guests of Rep. Wilford, and I'm just tagging along for the ride, so welcome them.
Thank you, Rep. Goldstein. Representative McCormick.
Thank you, Madam Speaker. Today, House Agriculture, Water, and Natural Resources Committee will meet at 1.30 to hear House Bill 1338 and Senate Bill 62.
Thank you. Any other announcements? Any other announcements or introductions?
Representative Clifford Thank you Madam Speaker State Affairs will not be meeting today Thank you Madam Speaker State affairs will not be meeting today Thank you
Seeing no other announcements or introductions. Members, I'll invite you to take your seats. We are getting to business. Madam Majority Leader.
Thank you, Madam Speaker. I move to proceed out of order for consideration of resolutions.
Seeing no objection, we will proceed out of order for consideration of resolutions. Madam Majority Leader.
Thank you, Madam Speaker. I move for the immediate consideration of House Resolution 1003.
Seeing no objection, we will proceed immediately to consideration of House Resolution 1003. Mr. Schiebel, please read the title to House Resolution 1003.
House Resolution 1003 by Representatives Joseph and Soper concerning the recognition of environmental initiatives.
Who would like to speak?
Representative Soper. Thank you, Madam Speaker. I move House Resolution 26-1003 and ask that it be read at length.
Our resolution will be read at length. Mr. Schiebel.
Representative Soper, could you clarify that you would like the Be It Resolved Clause read?
Thank you, Madam Speaker. I'll just restate that the Be It Resolved Clause be read at length.
Thank you. Mr. Schiebel.
be it resolved by the house of representatives of the 75th general assembly of the state of colorado that we the members of the colorado house of representatives reaffirm our commitment to the goals and principles of our responsibilities as stewards of the earth in recognition of 2026 earth day and international day of zero waste and in keeping with our moral obligation to limit waste and protect and enhance the long-term health of the state's natural environment economy and community We support Earth Day and International Day of Zero Waste by inviting and encouraging all citizens, businesses, organizations, schools, clubs, congregations, neighborhoods, and families to participate in Community International Day of Zero Waste events on March 30, 2026 and Earth Day activities on April 22, 2026, and to engage in environmentally sound and waste-reducing practices in their everyday lives. using the observance of International Day of Zero Waste and Earth Day as a springboard for exploring new avenues for sustainability and waste reduction, demonstrating leadership and continually evaluating state operations, facilities, and services to ensure the highest standard of efficiency, sustainability, waste reduction, and environmental protection, forging partnerships with local organizations, environmental professionals, businesses, and citizens to encourage the adoption of statewide sustainability practices and the development of green technologies and become a model for the region and county, and encouraging teachers and parents to emphasize environmental awareness among young people so that they have the knowledge to make sound choices in their daily lives to preserve and enhance our natural environment and are able to join the workforce of our state with a strong environmental ethic.
Representative Joseph.
Thank you, Madam Speaker, members of the House. This resolution was written because protecting our planet cannot be an afterthought. It must be a priority. Colorado is defined by its natural beauty or mountains or rivers or open spaces, and with that identity comes a responsibility to protect it At the heart of this resolution is a simple but urgent truth What we waste matter Every piece of food thrown away, every material sent to a landfill, every missed opportunity to reduce, reuse, and recycle has real impact. Waste is not just about what we discard. It is about the resources we lose, the emission we create, and the future we shape. Reducing waste is one of the most immediate and powerful ways we can care for our environment and protect the land we share. And this is not about politics. Protecting our environment is not a democratic issue or republican issue. It is a shared responsibility. Every single one of us rely on clean air, clean water, and a healthy environment. Every single one of us has a role to play in protecting it. We only have one earth, one place that we all call home, and the decision we make every day about how we live, how we consume, and how we care for environment well-defined, the world we leave behind. This resolution is a call to action to lead by example, to reduce waste, to be better stewards of our resources, and to come together across communities and across differences to protect the only planet we have. Because this is bigger than any one of us, it is about all of us and the future we share. We ask for a yes on this resolution.
Representative Soper.
Thank you, Madam Speaker. Members, if you consider when Earth Day was first adopted, going back to 1970, there was a man, a Coloradan, John McConnell, who lived here in Denver. And as we celebrate our state's 150th birthday, recognizing kind of how Colorado has also shaped the environmental movement within the United States. I was also at a time when the Nixon administration introduced the Environmental Protection Agency, and vast changes were starting to take impact across this nation. I agree. The environment is not a political issue, although how we achieve that might be one where we have different terms that we use. But I don't like to see the fact that there's now certain terms that we can't use one way or the other. Because one thing that I hear from all of my constituents, whether it's the hunters who are conserving our land and making sure that there's good animal habitat, to my constituents who might be in a different part of the district who want to see us go to a complete carbon-free world, what they do agree on is that the environment is important and that Colorado is a special place and that we want to make sure that what we have here in Colorado today, that our children and our grandchildren will be able to have in the future. And for those reasons, I would encourage a yes vote. Thank you.
Assistant Minority Leader Winter.
Thank you, Madam Speaker. And first and foremost, before I start my comments, I want to tell both of the sponsors I appreciate what you're trying to do here. And I agree with about 95% of this resolution, but there's not a 95% button on the desk. The issue I have with the resolution is, is first and foremost, I want to say that the rural areas, we're the true conservationists in this state. We live in a place where there's blue sky. We live in a place where there's clean water. and we live in a place where there's green grass. I believe in Earth Day. I'm an all-above-energy Republican, so I have no issues where we look at wind and solar, nuclear energy, geothermal. But you have to understand that in this resolution, there is a victory lap taking on ending jobs in my district. I say it all the time. I represent the people of House District 47. the jobs that are referenced in this resolution as we move towards a cleaner environment, I believe some of there is some misinformation about some of the industries that we have in this state. I'm not here to talk about the misinformation today because I do not want to make this political. But at the end of the day, losing jobs in my district is not political. Losing jobs in my district is something that has happened. and you have to understand that there's real world consequences and this affects people where I'm from and where we do want the same things we've got to find a common ground on how we get there because it has picked winners and losers so I want you all to know that I agree with the majority of this resolution and I stand committed to stand with you on those things but I don't agree with taking a victory lap and ending jobs in my district I can't put my name on something when I see people back at home that talk about how their families have had to move to other states to find gainful employment I can't vote for something that has decimated my rural economy I can't vote for something that has put my people on government existence because they don't have any other jobs to go to it's not fair to kill an industry and then look at the people as collateral damage and i just can't stand for that so my commitment to all of my colleagues in this building i will continue to work toward a better environment for all of us i've got kids and hopefully i have grandkids and they have kids and grandkids one day and i want them to live in a clean environment but i also have people right now that need to feed their families they need to put gas in their cars they need to feel their worth because their identities have been stolen they were the miners they're the roughnecks that work in the oil and gas field they're the people that have built this state and they're the people that have powered this state and I'm standing up here today for them to give them the respect that they deserve and let them know even though I want a clean environment for all I can't do it at the benefit of my constituents in House District 47 So today I will be a very respectful no.
Seeing no further dis... Representative DeGraff, I will ask again that you're in the well.
Yeah, well is down here. Thank you.
Representative DeGraff.
Thank you, Madam Speaker. I agree that the environment shouldn't be political, but here we are. But we politicize it every day. and we make these moral judgments just like my colleague just mentioned and i can go back to if we go downstairs and we look at it mining oil gas and agriculture those are the real economies of the state that's what the state is built on and this movement and we and yes i understand this is about waste but there a lot of other stuff in here also and so i explaining why although very much in favor of being a good steward of our planet and a good steward of our environment that I going to have to vote no Because of the politicization easy for me to say And when we look at this and we concern ourselves, we concern ourselves with food waste. But around the country, we see solar panels being built, solar fields built on crop fields. And sometimes those can work together and sometimes they can't. But the priority goes to solar. Now, I was looking at this the other day because we're dealing with data centers and we're having, and say Colorado Springs is missing, we have roughly 800 megawatts of dispatchable power. We peak out at 1,100, meaning it has to be shipped over. The governor and his utility commission are eminent domaining their way across the state of Colorado, devastating 25 acres per mile of high voltage line at a cost of $5 to $7 million per mile. That's political. That's highly political. And so you can't say we're not going to politicize the environment when you politicize the environment and say, as my colleague so clearly, that the people in this green agenda are collateral damage. And ironically, the environment itself is collateral damage. And so what do we need to look at? Well, we just, for coal. because of the dearth of scientific literacy in this state, in the country. We don't look at things like absolute risk. We don't look at absolute proportions. We look at relative. We look at the politicization of carbon dioxide at 280 parts per million, Just barely, just barely above keeping plant life and therefore all life alive. 5,000 is pretty good. 1,500 to 2,000 is pretty optimum for greenhouses. 280 is right on the bottom edge. And what we've done currently, it's gone up to 420, even though most of the countries are net carbon sinks. So why is it going up? TBD. But that is an increase of 50%, a relative increase. It's a 0.014% increase if you look at it absolute, but we're using that as a justification to spend $17 billion, hundreds of billions of dollars across the state. In the last few years, we've spent $17 billion, $700 million per year. Now we're in a budget deficit because we've blown through $4 billion of surplus. We've blown through $3 billion, $4 billion of participation trophies. That's political, and that is based on a very non-stewardship mentality. Now, when I was environmental manager on Earth Day, I would run the biggest recycle events in the state, thousands of pounds. I also worked with the DNR, the Coast Guard, Fish and Wildlife. But we're choking out the livelihood, and we're driving up the energy costs. We're destroying arable land, and we mostly affect the poor in this country. Because you could almost look at it and say everybody has the same cost of energy in their life, relatively, but that cost of energy is a higher percentage and it is borne out by the poor and it keeps them down It keeps them in a permanent state of poverty and misery that they then in turn are reliant on government programs That's political. The entire movement is political. So to come in here and say that, well, we don't want it to be political, well, you made it political. We're normalizing PSPS events because we've gotten rid of dispatchable power. we've decreased at the cost of $17 billion, $700 million per year, we've reduced the usable power in the state by 40% and only increased the absolute availability if the sun is shining by 2%. That's political. Millions of dollars are lost in productivity and resources every time we have a PSPS event, but our solution is political, and that is to normalize them and to say get used to them. Buckle up, buttercup, they're coming. They're coming fast and furious because we don't want to deal with stuff like grid resilience. We don't want to deal with the fact that the PUC said the grid is so vulnerable that we don't want to tell you how vulnerable it is because you don't have enough money to fix it. That's political. That's the four appointees of the governor. The grid is so vulnerable. And that's not talking about PSPS events. That's talking about losing, that's putting the lives of millions of people at risk. Not their economic lives, their lives. And it's political to be on a committee and say, I went through a three-day blackout. I didn't think it was so bad. So I'm pretty sure a Carrington event that wipes out the power for 40 million people for four years, that wouldn't be so bad either. That's political. It's political when you talk about encouraging teachers to emphasize environmental knowledge, and then you teach them that the ocean is acidifying when it's just becoming less alkaline. And kiddos, if somebody has ever told you that the ocean is getting more acidic, they're lying. It's becoming less basic. Basic is caustic. And when they put that little shell in the water and they put carbon dioxide in it, and then they bring it out and they weigh it, What they're doing is they make sure that it's a dead shell. There's no life in it because life loves carbon dioxide. Life loves carbon dioxide. Try it without carbon dioxide. So this is a very political, this is very political. And to talk about our moral obligation is just ironic. Just to say, well, we're doing this morally. We have a moral obligation to do this. You don't have a moral obligation to act immorally. You don't have a moral obligation to impose your delusions on somebody else. And what are those delusions? Well, if you just do it basically and you say carbon dioxide is 100% responsible for the 33 degrees that keep us out of absolute freezing planet, an ice planet, and you say carbon dioxide is 100% responsible for that and you take the Colorado and you divide it by 100 million tons, billion tons, 0.1 billion tons rather, and you divide it by the 3,300 billion tons that are in the atmosphere, you quickly come to a realization that the most that Colorado can do by magnitudes, by rounding up by magnitudes, is 0.001 degrees Celsius. So divide it by 10, actually probably divide it by 100 and you're getting more accurate. That's a temperature that you'll pass in a blink of an eye. So we spending tens of billions hundreds of billions of dollars in the state let alone in the country on a temperature decrease theoretically that you will pass through in your day in a blink of an eye That's political. And so you've politicized the entire environment, and you've put the lives and the livelihoods of the kiddos on the wall at great risk. And that's not moral. for 0.001 degrees. It doesn't matter how you slice it. I'm saying 100%. That's political. It's political to take $5 billion and give it to the governor for a choo-choo train on a high-speed rail to nowhere. That's political.
Representative, you have one minute and five seconds remaining.
Thank you, Madam Speaker. It's political when we turn food into fuel at the detriment of both our vehicles and the environment. That's political. So to pretend that the environmental movement is anything but political is political. And I, unfortunately, or fortunately, will be a no vote on this. I hope the teachers on the side and the kiddos on the side will realize that the entire green movement that they've been taught is a 100% lie. We need to be good stewards.
Representative DeGraff, please be respectful.
I hope you will do your own research. And that was as respectful as I could be about that program.
Representative Slaw.
Thank you, Madam Speaker. I did want to stand today because I do think that this is important to speak about. I believe that I'm the only one in here that has 95 or better percent of an environmental management degree or an environmental degree, environmental graduate degree completed. I think that this is an important topic. I grew up in Colorado. I love the outdoors. I know we all do. I love the earth. As a young Boy Scout, I learned to be a good steward, to take care of it, to reduce my waste if possible. I think all of those things are important things to do. There is one paragraph in the resolution that I'm opposed to. It's the one that speaks to taxpayer support for a new energy economy, the use of financial incentives for exemptions, for more incentives, for more exemptions. At a time when we are in an extreme budget struggle, why are we talking about exemptions and incentives for something that is not necessarily necessary? Another thing that I am opposed to, I certainly don't stand for the impacts that our green economy that we have created have on the strong energy industry workers and their families and their communities from my district. Oil and gas is an established, affordable, and clean carbon energy. It is a good industry. It's not something that we should be shoving down and pushing away. Is it okay to develop renewable resources? It is. That's fine. But should we be stepping away from, again, established, affordable, and clean carbon energy? No, we should not. Not in the way that we're doing it now. and not with the incentives and not with the exemptions that we're giving to the green renewable energy industry. So again, 95% of this resolution I love. I think it's great. I absolutely think that we should be doing good things for our environment. We love the earth. I look forward to Earth Day. 95% of this resolution I completely agree with. A little bit of it I do not. The ideology that it supports, I don't necessarily agree with that. The direction that we're pushing in our state with our environmental goals, I do not support that. The things that we're talking about with this resolution, I support enough of them that I will support this resolution today, but I continue to say that we need to look to better things and to less drastic measures and to more real and true information and data for the things that we push. Thank you.
Seeing no further discussion, the motion before us is the adoption of House Resolution 1003. Mr. Schiebel, please open the machine and members proceed to vote. Please close the machine. With 44I 19 no and 2 excused, House Resolution 1003 is adopted. Co-sponsors. Please close the machine. Members, Representatives Brown, Sirota, and Taggart are excused at such time as necessary for the Joint Budget Committee meeting. Madam Majority Leader.
Thank you, Madam Speaker. I move that the following bills be made special orders on March 30, 2026 at 1038 a.m. House Bill 1330, House Bill 1300, Senate Bill 47, Senate Bill 25, Senate Bill 14, House Bill 1318, House Bill 1313, Senate Bill 76, Senate Bill 58, Senate Bill 31, and Senate Bill 87.
Madam Majority Leader, was that Senate Bill 58 or 53?
It is Senate Bill 53.
Thank you. We will clarify Senate Bill 58 is not included in today's specials. Seeing no objection, the bills listed by the Majority Leader will be made special orders today, March 30th at 1038 a.m. Representative Smith.
Members, please restate the motion.
It is for special orders, Rep. Smith. Members, you have heard the motion. Seeing no objection, Representative Smith will take the chair. Thank you Thank you. Thank you. Members, the committee will now come to order. With your unanimous consent, the bills will be read by title unless there is 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 motion of the majority leader. The coat rule is relaxed.
Mr Schiebel please read the title of House Bill 1330 House Bill 1330 by Representatives Woodrow and Soper concerning the operational parameters of entertainment districts
Representative Woodrow. Thank you, Madam Chair. I move House Bill 1330 and the Transportation, Housing, and Local Government Committee report.
Thank you. To the Transportation Committee report. Thank you. Members, we'll hear more about the bill in a moment. In committee, we had a very good discussion. We heard that there are some public safety concerns working with our law enforcement partners through the stakeholding process. We ran an amendment to make clear that in adopting new rules for the entertainment districts, the city council or border county commissioners is required to consult with the county sheriff and any municipal police department that has jurisdiction in order for there to be coordination with respect to public safety. We ask for an aye vote. Is there any further discussion on the Transportation Committee report? Seeing none, the question before us is the adoption of the Transportation Committee report. All those in favor say aye. Aye. All those opposed say nay. The report passes. To the bill. Representative Soper.
Thank you, Madam Chair. Members, in 2011, the state established or created entertainment districts as a place for really people to be able to gather, whether you're talking bars or clubs later at night. The current law states that there must be 20,000 square feet of premises and no larger than 100 acres in total. What the bill would do is it would facilitate locally driven placemaking initiatives by lowering state barriers to forming an entertainment district by relaxing certain rules around the size and moving the prescriptive requirements in statute like the font size used on cups, for example, to LED rulemaking authority. The bill would also provide more local control to local city councils or licensing authorities to set their own policies. Colorado has a strong history of local control, and this bill once again enhances that. And lastly, the bill would clarify that entertainment districts cannot cross jurisdictions, ensuring clear guidance. Right now, that is an area that's a little bit murky within the law, and that's the simple aspect of the bill.
Representative Woodrow.
Thank you, Madam Chair. Colleagues, it is an honor to stand before you and present House Bill 1330 with my esteemed co-prime sponsor, Representative Soper. What this does is it modifies our current law regarding entertainment districts. Under current law, entertainment districts are defined as designated areas that are at least 100 acres and contain at least 20,000 square feet of liquor-licensed premises. What this bill does is it removes the acreage restriction and changes the square footage to a combined premises of at least 5,000 square feet for two or more licensees. It also allows local authorities to establish the days and hours of operation for entertainment districts to serve alcohol. And with that, Madam Chair, I move L-009.
Thank you. Thank you. I also ask that to be properly displayed Technical details. Thank you. Oh, yeah. You can have the amendment read at link. Give everyone an opportunity to hear it. Yeah. Okay. The amendment is properly displayed before us. Please proceed. Thank you, Madam Chair.
So what L009 does, colleagues, is we've been working with our stakeholding partners in the Restaurant Association and others, and there was some concern raised by the initial language in the bill that it would allow entertainment districts to actually be rolled back and more restrictive in their dates and times. That's not the intent of the bill. The intent of the bill is to provide more flexibility, not less. And so what this amendment does is it states that the hours established shall not be more restrictive than those currently allowed under current law, which is CRS 44-3-9016B. Aye. We ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the adoption of Amendment L-009 to House Bill 1330. All those in favor say aye.
Aye.
Any opposed? The amendment passes. Representative Woodrow.
Thank you, Madam Chair. Colleagues, before we get too deep in the discussion, we do have a technical cleanup amendment, and therefore I move L007. It's shaken, not stirred. Shaken, not stirred.
The amendment is properly before us. Please proceed.
Thank you, Madam Chair. Colleagues, this is a technical cleanup. up. It just makes sure that the language conforms to ensuring that the local municipality isn't too restrictive and the use of the term the governing body is used appropriately. We ask for an aye vote.
Is there any further discussion on Amendment L-007? Seeing none, the question before us is the adoption of L-007 to House Bill 1330. All those in favor say aye. Aye. All those opposed say nay. amendment 007 passes
yes representative Woodrow thank you madam chair forgot to and it's an honor to serve with you. And it's an honor to serve with you, sir. Thank you. Colleagues, just real quick before we turn the podium over, I want to make clear that this bill specifies that only licensed premises that are authorized by a local authority to attach to a common consumption area may sell or serve alcohol to be consumed in the common consumption area. It also prohibits persons from entering a licensed premises from a common consumption area with a beverage from a different and attached licensed premises, and it also removes from current law the following limits, which I think many of you were probably surprised to even learn exist in existing law, that is selling alcohol in a container larger than 16 ounces, selling alcohol in a container that does not contain the name of the vendor in at least 24-point font, and permitting customers to leave the premises with an alcoholic beverage unless the container complies with the other two requirements. Now, before we turn over the discussion, I just want to note that you're probably going, and you probably have heard information and perhaps inaccurate information about what current law states with respect to entertainment districts. So I want to be real clear as we head into this potential debate. Current law allows entertainment districts, local licensing authorities, to set the hours of operation already past 2 a.m. Already in existing law, entertainments are allowed to stay open beyond 2 a.m. And there's three in the state that do that, Cripple Creek, Blackhawk, and Glendale. So you might have heard that certain constituencies and special interest groups would be in support of the bill if we were to pass some type of amendment restricting everything back in the state to 2 a.m. statewide. And I want to be very clear that that would actually be more restrictive than current law. This bill, 1330, does not seek to alter a local licensing authority's ability to establish hours beyond 2 a.m., besides some very minor tweaks. So when you hear, well, we need to roll back to 2 a.m. for everyone, you're actually being asked to repeal existing law. okay blackhawk currently sells uh alcoholic beverages 24 hours a day seven days a week and it does so pursuant to authority granted to it by like the local licensing authority in the municipal government it is not operating in some legal gray area it is not skirting the law it is operating under pursuant to existing statute so as we have this debate i ask you to keep current law in mind because you might be asked to roll it back, and we don't think that that's appropriate. If the folks who seek to impose a 2 a.m. limit across the state statewide want that, then they should run a separate bill. They shouldn't be using this bill, 1330, as the vehicle. We ask for an aye vote.
Representative Soper.
Thank you, Madam Chair. And I just wanted to say one thing before we turn over the well. And that's, it's all about local control. There's nothing in this bill that says a local governing authority or licensing board must go beyond their current established rules. If their cutoff time is 10 p.m. and they don't want to change, it remains that. But if they want to be like a Black Hawk or if they want to be like a Glendale, they can also do that. And one of the great things about Colorado is our adherence to local control and the fact that cities and towns, they get to choose what they want to be. I know Delta does not want to be Boulder, and that's a good thing. But you may have cities that may decide in light of the fact that you know there an economic downturn they do want to have an entertainment district and they do want to allow the going beyond of certain times So keep that in mind, that this is all about local control and what that municipality wants to be, but it's on them to decide. It's not anything being dictated here by the state.
Representative Brooks.
Chair, thank you. So I see that in the Transportation, Housing, and Local Government Committee from which this bill came, you know, there's a little bit of, I think we probably heard both sides of this, right? There's a fair amount of testimony about the 2 a.m. cutoff, statistics about 2 a.m. cutoff. In my own research that I have done, I'll tell you that I don't know that there's necessarily any one piece of research that can show that there are or are not difficulties around the 2A versus 3A, 4A cutoff times. It's almost as if you've got the folks that are entrenched on the 2A, on the 2 o'clock in the morning side, right? And so they're going to let me find some research that supports myposition.com. That's out there for everybody to do on both sides. Let me find some research that supports myargument.com. It's great. I use it all the time. there really isn't any one piece of research that that shows that there that there's injury one way or the other to two o'clock versus going to three or four i would be i would challenge anybody to come into the town of castle rock and find an establishment that stays open later than about 10 o'clock at night you know uh most everything i mean if you find some place that's really bringing it maybe 11 o'clock or midnight. So local municipalities can still make the decision that's right for their community. I will say this, that I understand that law enforcement might be in a little bit of different positions. I know, for instance, that my own sheriff and district attorney are not particularly happy with this piece of policy. However, town of Castle Rock, which survives solely on the lifeblood of retail sales tax, is in support of this because of what it can mean from an economic standpoint. I will continue to be in favor of this, as I was in committee, and I would just ask that you kind of do your own research instead of just kind of taking what you think you might know. Find the differing opinions and the fact that there isn't anything conclusive of saying that 2 o'clock is the magic witching hour or that 4 o'clock makes it worse to stay open until, because I'll tell you that there's probably going to be a lot of these places that are not open that late anyway. So I'll continue to support this. Happy to answer any questions about what I found in research. Thank you.
Representative DeGraff.
Thank you, Chair. So I feel remiss I think it two S I not sure for the sponsors in that I am not prepared to have an argument about 2 a 3 a 4 a or any of the a So my apologies My apologies for not being prepared to have an argument about 2 AM 3 AM 4 AM whatever because it seems like that's the crux of the argument. But I do appreciate the local control, and this feels like, unlike some past bills talking about local control, that this is actually local control. And so the amendment that I'd like to present, L-008, you should have already been given a copy of it, to House Bill 1330, I move. Bill 008 to House Bill 1330 and asks that it be displayed.
The amendment is properly before us. Please proceed.
All right. Thank you, Chair. So if we go to page 3, line 8, after the period, let me just say the creation of an entertainment district pursuant to this subsection expires after three years, unless renewed by the governing body or licensing authority at a public hearing held after public notice. So this is just saying that this gets enacted here at the state. The citizens have the opportunity then to determine whether they continue it, how they modify it, how they deal with it going forward. Because there is a lot of debate. There is alternate opinions on this. and the best way to handle that is with local control. So this amendment is merely taking that local control idea, that idea of local control and actually implementing it and making sure that the citizens, because there are some of these, you know, not necessarily with this, but I'm thinking with some of these amphitheaters that they were put into play and now they are exceeding the decibel limits for people that are living near them. You know, there's always that you have your right to swing your fist ends at my nose idea. And this three-year window gives the opportunity for the localities to engage, and they can look at that entertainment district, and if they miss the first meeting and something goes in a direction that they don't want it to go, well then they have the opportunity in three years to address it. It also makes sure that the people that are proposing whatever is going to be proposed is going to be something that is not just something that is, well you just have to sneak it by the mayor once and then you have it perpetuity. So I think it's a good amendment in order to fulfill the sponsor's desire to have local control. This puts the local control, and it gives the turnover of population that control as well. When most people live in a place for two to three years, the nature of that area is going to change. and so rather than putting something in motion and then leaving it in motion this just gives us a opportunity to to re-hack it so um and then i think we can i think then we can kind of solve the the both sides that are coming at this from different angles because if they don't like what happens with it one year then they can come back in three years and address it and then and then eventually we will get through the iterative process where people where the community gets to a place where it's something that everybody can live with, as opposed to getting something imposed and then having it imposed until it becomes an active fight to revoke it So I ask for an aye vote Is there any further discussion Representative Soper Thank you Madam Chair
And members, I would like to point out the irony of the amendment. This is a bill all about local control, and the amendment is about the state telling a local government that we are going to repeal your local authority in three years' time and force you to have to go back to the table, spend more of your local taxpayer monies if you want to keep that entertainment district alive. It should be left to the local government to decide whether or not they want to have an entertainment district and whether they want to keep it alive. It shouldn't be up to the state saying in 2026 that come 2029, we're going to automatically force that local government to have to go back to the table, engage the citizens once again. They certainly would have had the opportunity of notice because it has to be published for three weeks to be able to even hear whether or not there's going to be a local liquor license issued within the district. So there's ample time for someone who wanted to object. I mean, that's the process that we live by. So I'd ask for a no vote. Is there any further discussion on Amendment L-008? Seeing none, the question before us is the adoption of L-008 to House Bill 1330. All those in favor say aye. All those opposed say no. The amendment does not pass. Any more discussion on House Bill 1330? Hearing none, the question before us is the passage of House Bill 1330 as amended. All those in favor say aye.
Aye.
All those opposed say nay. House Bill 1330 passes. Mr. Schiebel, please read the title of House Bill 1300.
House Bill 1300 by Representatives Woodrow and Soper concerning the ability of a health service district to provide affordable housing services.
Representative Woodrow. Thank you, Madam Chair. I move House Bill 1300 in the Transportation Housing Local Government Committee report.
Thank you. To the Housing and Transportation Committee report.
Representative Woodrow. Thank you, Madam Chair. Colleagues, we had a really good discussion on this bill in committee, working with the affordable housing stakeholder crew. We put some guardrails on what affordable housing means in this context. It requires consultation with local housing agencies and the local governing entity responsible for conducting the regional and local housing needs assessments that we passed a couple sessions ago. We ask for an aye vote.
Is there any further discussion on the Transportation Committee report? Seeing none, the question before us is the adoption of the Transportation Committee report. All those in favor say aye.
Aye.
All those opposed say nay. The committee report passes. Representative Soper.
Thank you, Madam Chair. I move Amendment L002 and ask that it be properly displayed. Thank you.
The amendment is properly laid before us. Please proceed. Thank you, Madam Chair.
This was one that was brought to us by the special districts. They wanted to make sure that in addition to adding affordable housing, that there was a mechanism that if they chose to move out of that market, that they could do so. And so this just reiterates what really is current law, but belts and suspenders. Is there any further discussion on the amendment?
Seeing none, the question before us is the adoption of L-002 to the committee report. All those in favor say aye.
Aye.
Aye. All those opposed say nay. Amendment L-002 passes. Representative Soper.
Thank you, Madam Chair. Members, House Bill 1300 applies only to the 35 special district hospital districts within our state. Being involved with one, I can tell you from firsthand knowledge that one thing we talk a lot about is really the nexus between having housing next to the hospital and people who would live there, whether we're talking those who have certain long-term health needs, that being able to be closer to the hospital is really about life or death, whether we're talking employee workforce housing from traveling doctors or traveling nurses. But unlike all the other special districts that we have in our state, hospital districts are the ones that actually see a majority of their budget comes from non-taxpayer dollars. So a hospital district is able to collect revenue from a property tax and from a sales tax if it's been voted on by the people. But they also provide a service, health care services. So they will bill insurance, maybe public or private insurance. And the lion's share, usually 90% to 95% of the hospital's operating budget, will come from insurance. Then the remaining 5% to 10% is from the taxpayer's share. That's the non-operating revenue that comes into the system. And because there's this sliver of the budget that comes from non-operating revenue or taxpayer revenue, hospitals are permitted from, or not permitted, I should say, from owning a condo. or apartment building. And that's quite challenging, because if we were talking any other special district, by far the majority of their budget comes from tax dollars. This body adopted a bill last year to allow school districts to do the exact same thing. And once again, it's about choice. Either the district chooses or they don't choose. It comes down to that. This just adds the option for them to do this. I can tell you out of the 35 healthcare districts, the reality is probably only two are in a position to do this. The rest are too close in their margins or too tight of margins usually less than five or ten days cash on hand And you can really look to a new service item if your finances are that tight But for the two that have much better margins, this is an option, and one that could help the community and help with health outcomes. And I'd ask for a yes vote.
Representative Woodrow.
Thank you, Madam Chair. Colleagues, very excited to be back up for Part 2 of Woodrow and Soper Dablin Districts. House Bill 26-1300 deals with health services districts. And for those who might be unaware, a health service district is a special district and political subdivision of the state governed by an elected board with the powers to tax or assess fees for services. Health services districts are created to fill gaps in county and municipal services related to providing health care and emergency services. Colorado currently has anywhere between 29 and 35 health services districts, and they're located primarily on unincorporated county land. Under current law, a material modification in service requires a special district to petition the local governing body that approved its formation for approval of the change. What this bill does is it allows a health service district to provide affordable housing services without the change being considered a material modification or departure from its approved service plan so long as a majority of the elected board of directors of the district approves the addition. Colleagues, you're probably already aware that disparities in household income and where folks are considered housing burdened, that's where they spend over 30% or even 50% of their income on housing, has a tremendous impact on the regional strain on a health care system. Financial strain induces chronic stress, leading to hypertension, anxiety, and depression. High-cost drain resources for other health-promoting needs like nutritious food and medical care. Substandard housing conditions are directly linked to respiratory diseases like asthma, cardiovascular issues, and unintentional injuries, particularly among children and the elderly. Also, frequent moves in homelessness are associated with worse self-rated health, developmental delays in children, and disruptions to health care continuity. So what this bill does is it cuts red tape and it allows health services districts to promote affordable housing within the health services district in an effort to reduce strain on the health system. It's a good bill. We ask for an aye vote.
Representative Brooks.
Chair, thank you. I suppose all good things must come to an end, including the enthusiasm for that dynamic duo. I was a no on this in committee. I shall remain a no now for a number of reasons. First, I believe that there is some ability for hospitals to be able to get into space without necessarily going to this level. And then also the piece of it that, which I find to be beautifully ironic, is that the first bill that the sponsors ran really kind of spoke to supporting local control, really spoke to the respect of local control. However, this piece, if I'm not mistaken, this bill actually is more administratively approved when it comes to the special districts, which actually is disrespectful and circumvents local control because there is no public process involved when you're talking about administrative approvals. So I would still as I was in committee urge a no vote Is there any further discussion Representative Garcia
Thank you, Madam Chair.
My question is really around for whom is this housing? And I was speaking with one of the bill sponsors about it. I guess I still would like to have more clarification on if our hospitals can buy housing just to have in their back pockets for rental housing for anybody, or is this specifically for traveling medical personnel or if you're in an area where you need to provide housing to supplement income or supplement more or less income for people to be able to afford to live in that community or is this just buying housing to have and hold? Representative Soper.
Thank you, Madam Chair.
Excellent questions. Several questions in there. So it's not specific to workforce housing. This could be any affordable housing as it's broadly defined within the bill. It would allow a hospital special district to be able to buy a condo and rent it out. they could do so to an individual who perhaps has long-term health needs and they need to be near the hospital, but they could also buy a condo unit or build one and be able to use that for a traveling doctor or for a traveling nurse or, as my co-prime mentioned earlier, someone who perhaps is homeless and this is an opportunity to get them on their feet, they could also use it for that. So it's very broad in terms of the scope. And I will say the prohibition on a hospital-owning housing is only a construct of the fact that they take a sliver of their budget from tax dollars. If they were any other hospital, they would have no restriction. And so all the other hospitals in our state, and we have a lot more than 35, they can already buy and sell housing if they want. They can also turn to other non-operational revenue to be able to make money for their hospital. There was a great article in the Colorado Sun back in January of this year that talked about how the bulk of Colorado's hospitals made their margin from non-operating revenue. And a lot of that came from not delivering health care but from investments. It could be real estate investments, securities investments, but they certainly didn't just make it from health care. So this could be one other opportunity for our special district hospitals to compete with the fully private sector hospitals. I put that in air quotes because I still view us as being just like them, aside from that tiny sliver that can be anywhere from 5 to 10 percent of your total budget coming from the taxpayers.
Is there any further discussion? Representative Kelty.
Thank you Madam Chair So I going to ask the bill sponsors As part of the bill, it says that the bill expands a revision to provide that the addition of affordable housing services to a health service district service plan is not a material modification or departure from the district's approved service plan, along as the majority of the board of directors of the district affirmatively votes to approve the addition, blah, blah, blah. So with this bill, will the group or the hospital, whoever is providing this affordable housing plan, are they able to petition for or obtain any type of government money, taxpayer money to help assist in any payment or purchase or anything to do or put towards this housing for affordable housing?
Representative Soper.
Thank you, Madam Chair. That's an excellent question. So it really comes down to business and what sort of a deal the board of directors, along with their administrator, could put together to be able to build this. So, for example, being a special district, you don't pay property taxes. So that's actually one element that helps you already with being able to be attractive to an investor who probably is going to put up the cash. You might be in an opportunity zone or an enterprise zone. So that's another opportunity for a cash partner to be able to develop. Well, a hospital is not going to go out on their own and take their cash and put it on the line. Instead, they're going to find a developer. They're going to partner with them because the hospital would have the real estate and the developer would be able to build the capital. And you'd have to follow, of course, the requisites that are set out in here. But that only comes after the board of directors approve going in this direction.
Representative Kelty.
Thank you for that. So here's my concern, and maybe I'm reading the bill incorrectly. You're saying now they're exempt from property taxes where everybody else has to pay property taxes. But here, so is it possible that a business entity could come in or this hospital, So whoever's providing this affordable housing or affordable entities or places to be, are they then able to rent it out afterwards to like a leering center or a possible fraudulent business that we have seen across the United States with the fraudulent businesses saying they are doing this, but they're really not doing this? does that open this up to something like that where they're able to do that? Representative Soper.
Thank you, ma'am, Chair.
I mean, a business can always be defrauded by a con artist. What I will say is a board of directors has to go through their due diligence. They will have their corporate counsel review any contracts. The property tax piece applies to all governments. So a special district is a government entity just like the state or your local municipality or the county. They are all government entities and don't pay property tax because of that. On top of that, all 35 special district hospitals are also nonprofits. So that's also on top of that. But if, I mean, they're both a government and a nonprofit. In terms of, oh, like any sort of fraud that could occur, yeah, they would have to do their due diligence. In terms of renting out to someone who was a, like a fraudulent business, I mean, you have to vet who you're renting to, and under the prescribes of the bill, it's for affordable housing and so that that person would need to be you know fitting within the definition if the special district went down this path representative woodrow thank you madam chair and just to drill
down on this a little bit more the bill as introduced defined affordable housing services
a little bit more broadly as the planning financing acquisition construction reconstruction or repair maintenance management and operation of affordable housing related projects or programs which you know as the good representative pointed out what does that mean can you rent out to someone are you going to be managing and operating these properties as sort of a landlord and what we did in the committee report with our amendment in committee is we actually scaled back that definition so it's now just the financing acquisition construction reconstruction or rehabilitation so that struck out the repair maintenance management or operation and so you're They're not going to have the situation where the health services district is managing a property and needs to take extra special precautions on who they're renting it out to because they're not going to be in the position of a landlord. This is more to promote the construction or rehabilitation of affordable housing. Thank you.
Representative Kelty.
Thank you, Madam Chair. Well, and that's kind of my concern. As we've seen, like, in Minneapolis and other places in California, Yeah. I just want to, I don't see any provisions in here that would prevent it from being fraudulently used in a way where it's, you know, taxpayers are now paying for it. There's no property taxes, and it's like a triple dip. It's not a double dip. for me it seems like this could be abused and in a triple dip way where now we've got people who are not only having taxpayers pay for it but in a fraudulent way that they're getting away with now no property taxes and I just don't see any protections in this bill. Can you point them out? Representative Woodrow. Yes, thank you. Going back to the committee report, there was an amendment run to make clear that the services being provided must be carried out in coordination with local public housing entities including the local public housing authorities local housing agencies and the local government entity responsible for conducting the regional or local housing needs assessments so this is not a free-for-all this isn't a blank check do what you will with these funds it has to be done in coordination with the folks who are on the ground doing great work in our communities on affordable housing you know i would point out to the good representative that that nearly every housing bill I run in this chamber, I am told that local governments are doing a fantastic job, that local housing authorities are doing a fantastic job, and if I would just get out of their way and let them operate, we could cure our affordable housing crisis in the state. And so I agree that we have tremendous faith and confidence on our local housing authorities not to allow the fraud, waste, mismanagement, or abuse that the good representative is pointing to. I appreciate her concern. and I think we've addressed it in the committee report.
Representative Sukla.
OK Thank you Madam Chair So when I was a county commissioner our hospital came to us and they wanted to do a $20 million expansion. And so what they did was they had already had a loan for the expansion they did before, which was $20 million. So that's $40 million if you add it together. And so they had the county, if they would co-sign and be on the bond for the hospital. This is what my concern is about the bill. So they were already overextended with their loan. And then since the county is going to be held liable if they fault on the loan, what happens if the hospital district goes ahead and builds a bunch of these homes for another $5, $10 million, which would put that on top, and then they run into financial trouble, and they would default. So then that would actually put the county in jeopardy as well on the loan, because they are the first in line for the $40 million on the hospital. So can one of the sponsors address that issue?
Representative Soper.
Thank you, Madam Chair, and thank you to my good colleague from Montezuma County. Excellent question. A county doesn't have to sign on as a cosigner or even as a lender to a special district hospital. more often than not they may choose not to. Counties don't necessarily have a lot of funds at the end of the day and they wouldn't want to put the county coffers at risk by being a co-signer. So I would think that oftentimes you wouldn't see a county signing on. You could have a possibility where I could see the hospital district and the county and perhaps the local municipality all working together because then all three are not prohibited from this space. So it might be that the hospital brings the land to the table. The county may be able to pull down some federal dollars and the municipality may have a private investor that they're partnering with through the zone in which the units are going to be built in. I mean, I could see something like that happening as a financial arrangement. But in terms of what's the risk to the special district, the board of directors of the special district are going to have to act as fiduciaries like they do every single day. And they make decisions every single day that could put the hospital in harm's way or it could make the hospital a few extra dollars. and they have this fiduciary responsibility to the organization. And if at the end of the day the board of directors views this as being something that would put the organization at risk, the board of directors has a legal responsibility to disengage and to not pursue this path. So there's a lot of steps that the board of directors of the special district hospital would have to go through before they would even delve into this. And then as I, you know, I just, while I'm up here, want to talk about my colleague from El Paso County one comment she made that I didn answer which was these aren going to be entirely taxpayer projects because only a small sliver of the hospital non revenue comes from the taxpayers. That's either from a property tax, a sales tax, or both. So those funds are probably not enough to be able to fully pay for building a series of apartments, for example. So they're going to either turn to their operating revenue, assuming they have a margin, and use some of that as well, or I'd say 99% of the time they're going to turn to some other financial backer, whether it's a private lender, whether it's another government entity, but someone else is also going to be involved, not just the hospital district. I would say that what the hospital district would bring to the table is the real estate.
Representative Richardson.
Yeah, thank you, Madam Chair, and I thank the sponsors for bringing this. I understand what you're trying to get to. I still remain concerned with the carving out of taking on a new mission outside of the core mission of providing health services as non-material. I know it was explained, but I know you do require coordination with the entity that did the housing needs assessment. That's generally the county if it's within a county area. So all other special districts, if they add a service that wasn't contemplated in their service plan, that is material, go back to that originating local government that then gave their stamp and moved on to the courts for formation. I just think it would be more appropriate to continue having that check. And I recognize the requirements and the duties that are on the hospital boards, but the commissioners in those areas also have a duty and a responsibility to make sure that all of these actions are somewhat coordinated. And I think having that one check of saying, hey, this is a new service, it truly is material, is necessary. So I am a no, still a soft no. I hope that can still be addressed in the Senate if this moves forward.
Is there any further discussion? Representative DeGraff.
Thank you, Chair. So what I get out of this is a new tax. So let's go through this. Any health service district that is created pursuant to this article, in accordance with this article, shall have the power upon approval by the eligible electors, and those eligible electors are those electors who are registered to vote. Now, I'm not sure how you know they're registered to vote. But that's the definition of an eligible elector, that they are registered to vote. That would usually come with some sort of qualification like an identification. The eligible electors of a district to levy and collect a uniform sales tax. So this bill puts in motion the ability for these new districts created pursuant to this article to levy a sales tax So we have housing that unaffordable and I do appreciate the sponsors noting that property tax is making housing unaffordable So now you going to give a district, you're going to give this collusion between government and you're going to create this enterprise where now the government is at an advantage to purchase property and for housing, not for the needs of their mission, but for the needs of their financial. And this is key because we have the housing, and this is, well, this departure is distinct from an approved plan, but it's not very much. And this very small departure from the housing health service district and what it is, a health service district created pursuant to this article operate directly or interrate through lease or to form other parties or other arrangements, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community service clinics, or other facilities providing health and personal care services and may organize, own, operate, control, directly manage or contract or furnish ambulance. So that's a health service district. And so what this bill is saying that from that, because there's a nexus from housing to health, and there is, that we are going to say that it is a very small adjustment for these organizations that were established to run public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, and other facilities providing health and personal care services. we're going to extend their charter just a smidge. And in that smidge, we will find planning, financing, acquisition, construction, reconstruction, repair, maintenance, management, and operation of affordable housing-related projects without needing to seek approval for material modification or departure from the district's approval service plan. Just a smidge. and that smidge is considered not a material modification. And we know it's not a material modification because the sponsors put it right here in the bill and said adjusting and adding to all of the things that you would expect a health care district to do, like run convalescent center, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, other facilities, that all of a sudden now it's not a material modification to put them into planning, financing, acquisition, construction, reconstruction, repair, maintenance, management, or operation of affordable housing. And what is affordable housing to not be burdened? is a household income where your rent or house payment is less than 30%. Well, that's a little bit difficult because now it is automatically jumped to 50% allowance, and in order to keep up, everybody's had to go probably closer to 50%, which means they can only require proof of twice the income. This was a bill last year or the year before, as opposed to three times the income, that you have an income three times. your rent. So automatically bills last year put everybody into, most everybody into a category of house burdened because they were allowed to raise the rent by 50% immediately in order to save them money. And now we're going to take it, now we're going to take this and we're going to come around full circle and say, well, that didn't work. So what we're going to do because that didn't work is we are going to add a new tax. So because the government made housing more expensive, with the bills that the sponsor mentioned, pretty sure he was on, that with those bills that the sponsor, or whoever the sponsor happened to be, that made housing more expensive, now we're going to fix that by imposing another tax. Because it's right here. They may levy and collect a uniform sales tax throughout the entire geographic area of the district upon every transaction or other incident with respect to which sales tax is levied. So in order to deal with the increased cost of housing that has been imposed by the government, the government's solution is to charge citizens more tax. and this is just an example of when you give when you expect the people to solve the problem that created the problem you get a bigger problem and this is a bigger problem oh except for cigarettes cigarettes are exempted there's some whole thing that exempts them so we're going to put our hospital districts that we would like to focus on things like emergency facilities communicate community clinics in the provision of health and personal care service. We are going to put them in development mode. We are going to give them a tax advantage by which to compete with the citizens of Colorado. And then they are going to not pay taxes that go to where? Where does property tax go? Maybe my esteemed colleague next will talk about where the property taxes go. But I think they go to schools. And then we say we don't have enough money for schools. And then the first thing that we're going to do is we're going to take money from schools. So in order to make housing affordable, to get rid of the property tax, to create this collusion between government and industry, called fascism, is that we are going to take money from schools. And that's going to solve the housing crisis. It doesn't surprise me at all that the solution to a government-imposed problem is more taxes. Now, we know that 30% of a house, 30% and upwards of 50% of a house is regulation. we know a big chunk of it is property tax we got rid of Gallagher the citizens of Colorado were promised that if Gallagher was gone it would be replaced by something even better was it? nope their property taxes just went up four times that was the government solution and now is that money enough? nope that money is not enough socialists never have enough of other people's money and never will And so the solution of course is to impose yet another tax And then we defined affordable housing I don know why we need an affordable housing and this baffles me a household residing in housing, a household, affordable housing means for a household residing in housing on a rental basis, annual income of the household is at or below 120% of the area median income and 120% 120% for those watching at home is going to be a theme of a bill coming up later. So there's something about this 120% AMI that this year's DSA has latched onto. And I'm not really sure what it is because everybody in Colorado is hurting under the burdens of the Colorado legislature, so I'm not sure why 120% AMI. But 120% AMI seems to be a theme, and we'll come back to it again later today. of the area median income of households of that size, so now we have to track, now the government has to track the AMI, has to track the family size in the county to which the housing is located. Now, I don't know, I'm going to guess this has a zero fiscal note. Sure enough, this has a zero fiscal note. Shazam. Zero fiscal note again. Does anybody think that you can make sure that affordable, how are you going to define affordable housing without having all of those metrics? All that data compiled, processed, digested? There's a fiscal note. We'll find out what it is later. Or for a household residing in housing on a home ownership basis, an annual income of the household at or below 120% AMI of the area median income, 120% of the AMI, of households of that size in the county to which the housing, wow. Why don't we just get rid of a lot of the duplicative regulation? Why don't we just decrease energy costs in the state? Why don't we just stop spending $700 million on green grift in the state and actually deal with the cost of housing? If you stop trying to bolster the investor-focused utilities bottom line, you could take that $700 million per year and you could offset a bit of taxation on the citizens of Colorado. You could. You won't, but you could. You could make housing less – you could make it more affordable. You could deal with this property tax. Instead, you're going to give this bill, we'll give developers, this is a bill for developers, a tax on citizens, a prop for developers. Because all they have to do is coordinate with them and they can build in for the greater good. And we know from history that for the greater good never is. But then they can keep that development money going. And because it's driven from the state, a little something-something comes back to the state or the people running the state. So instead of fixing the issues of this body driving up the costs of housing, the plan is to throw us out to developers, an extra tax to the citizens of Colorado, and say look we solved your problem And now we distracted the housing district So is this going to be the same board No They're going to have to bring on more bodies to do this, whether unelected or unelected, that they're going to have to deal with this stuff. Do you think that the people that are running hospitals, emergency care facilities, community clinics, other facilities, providing health care, I mean, unless they were just an incredibly redundant and unnecessary function of the government, which is highly likely, it seems a little bit odd to throw on them planning, financing, acquisition, construction, reconstruction, repair and maintenance management, and other non-material modifications to their job description. Now, if you had one job description and they added the second to that, would you consider that non-material? Or would you ask for a raise? They're going to ask for a raise. And how is that raise going to come? It's going to come from taxes. It's going to come from taxes on the citizens of Colorado. So this bill is a ginormous tax. How ginormous? Don't know. But it is a tax. So I move L-003 to House Bill 1300 and ask that it be displayed.
The amendment is properly before us. Please proceed.
Thank you, Chair. So the district affirmatively votes to approve the addition of, so let's go back to the beginning here. In the case of a health service district, the addition of affordable housing units as defined in that CSR to the services provided by the district is not a material modification or departure from the district's approved service plan so long as a majority of the board member directors to a district affirmatively votes to approve the addition of so long as the majority of the board of directors affirmatively votes to approve the addition of affordable housing units. services. So they're voting presumably upon themselves or whoever they, with whom they would contract to do this, most likely contract, because these do have a great cost. And I am curious on how the, how you're going to assume, well, the sponsor already said these are not going to necessarily go to housing doctors. There's always the thing about we need housing for doctors and nurses and teachers and firefighters. And none of these bills can guarantee that they're going to because that's illegal in Colorado. There's lots of people that would love to be able to limit their rentals to one group or another because that's who they choose to support. But the greater good decided earlier that that was not going to be. So what we're going to do is we're going to, after services, strike services, and then add, or just add behind services, and in the case of the addition of affordable housing services, the eligible electors of the district vote to approve the addition of affordable housing at a general or special election. Because right now you have local control and that local control is under the housing. You're going to form a house, a hospital district or a healthcare service district. And that health service district is going to have a majority of the board of directors and they are going to vote to approve the addition of affordable housing units. And so that is a, that is a big, that's a big leap for the citizens of Colorado so what would happen here is the district to vote to approve the addition of affordable housing services at a general or special election Because what they would have to be doing at this special election is they would have to essentially be voting to approve this new tax envisioned by the sponsors to be, because we're talking about created pursuant to this article, have the power upon approval of the eligible electors, by the eligible electors, to levy a uniform sales tax throughout the entire geographic area of the district upon every transaction or other incident with respect to which sales tax is collected. So this is just to make sure that the, because otherwise you're going to set up a health service district. and say we're going to set up a health service district to deal with community care, hospitals, ambulance service, and then probably not going to tell them that it's going to deal with planning, financing, acquisition, construction, reconstruction, or repair of affordable units, which will be purchased by the state at an advantage of no sale, of no property tax in order to tax the citizens of Colorado. So I ask for an aye vote on this amendment and a no bill on the bill.
Representative Soper.
Thank you, Madam Chair. Members, we're going to ask for a no vote, and I'll tell you why. First of all, this is more restrictive than current law. Second of all, two of my favorite amendments, one is the Second Amendment, the other one is the Taxpayer Bill of Rights that's within our state constitution, and that requires that any tax increase or the creation of a tax must go to a vote of the voters. And that includes property tax, that includes sales tax, any other uniform tax that can exist must go to a vote of the people. So if a health services district is going to increase, for example, their mill levy, they would have to go to a vote of the people. The people can already weigh in on that. Secondarily, to address some of the points that were just made here, we're talking as if a health care district gets 100% of their budget from the taxpayers. That's not true. We're talking maybe 5%, possibly 10% max that they're receiving from the taxpayers. So what if you were to use the 90% of your operational revenue as part of this? I mean, would that be okay? Because it didn't come from the taxpayers. The only limitation on a hospital district from going into this space is the fact that they receive this tiny sliver in their budget from the taxpayers. Otherwise, they would be able to act like any other business and you're not restricted explicitly to what your core competencies are. I mean, look at any company out there. They do certain things because it's ideal and optimal at that particular time to do so. I mean, being able to own workforce housing makes a lot more sense than having to rent.
Members, it's getting loud in here. take your conversations to the side, please. Continue.
Thank you, Madam Chair. And as far as being fiscally responsible to the taxpayers, why are we locking in a hospital to renting Why don't we let them buy and actually own that real estate? Instead, that's fiscally irresponsible to say that you have to rent in this space, you can't buy in this space. And then it's also fiscally irresponsible to say, okay, you have to continue to rent in this space, but if you have the mechanism to generate a few dollars, we're not talking a lot, but a few dollars back into the hospital, why wouldn't you do so? That could mean that you don't have to go back to the taxpayers. That could mean that you don't delete a service item because every single special district hospital in the state is contemplating what service item they're going to have to cut, especially as we're going into the next years. So, yes, I do want our special district hospitals to be creative in what they can do without raising taxes. And this bill does exactly that. it's a win-win situation. It allows locals to have another option as far as where to live, but it's in consultation with the local governments that are within the special district. It also means that the special district could be creative on another business line item. It means they could save money on what they're already spending on rents. All this contributes to the bottom line, or decreasing the bottom line, I should say. So certainly, to address the points that were just made, members, I hope you will once again consider voting yes. Thank you. And no on the amendment.
Representative Sucla.
Thank you, Madam Chair. So the way that I look at this bill is it actually hurts my community members. So where I live, the majority of the homes, we have a lot of traveling nurses. We have a lot of resident doctors. A lot of people rent homes from my community members that own those homes. And so now we are creating, and by the way, I believe every post office in the United States is rented, if I'm not correct. They're not owned by the federal government. They are rented from the federal government. So the three best-paying jobs where I live is Kinder Morgan, which produces CO2 that they pump 500 miles down to the Pyramid Basin to push out oil. CO2 is where the largest CO2 dumber in the world is. The second is the utility company, the electric company. They have the second best-paying jobs. and the third best paying jobs is paid by the hospital we love our hospital and we love those high paying jobs and because they are paid such a good wage they are able to go out into my local community and they are able to rent those homes for my community members so that they can uh make a living with those rentals and so this here is actually going to in my opinion hurt my uh community members. Second of all, I used to have a landscape company. A lady had a 600-acre farm. She bought a home. She wanted me to, right by the hospital, and she wanted me to landscape it. And I said, I don't understand why you're, why are you leaving? You're 18 miles or 20 miles from the hospital. Why are you buying this house right next to the hospital She said well because I 75 years old and I know that I going to be needing to be close to that hospital when something goes wrong with me And so she took the initiative not the government to live closer to the hospital when something goes wrong She didn't have to have the hospital district tell her that. She didn't have to have the county commissioners tell her that. She did that on her own. And then the third thing is I was on the housing authority board in the county, and that housing authority paid one of the highest paid jobs besides a lawyer in our community was the director of the housing authority. And so what her job was was to organize all of these new buildings for affordable housing in our community. And so what I'm seeing here is the representative from El Paso made a very good point is they are going to have to hire somebody like our housing director that has experience on building these complexes for affordable housing. And then the third thing about special districts, when I was a county commissioner, we had a special district. The state of Colorado came down, and they said, your special district, it was a $240,000 a year budget, and it was a mosquito district. It was a special district that the taxpayers paid to take care of the mosquito control in our counties. And they came to us, and they said, your special district has not had an election in six years. In six years. And so the county commissioners have to go to the special district and have them start having elections. When we first went to the special district, this board that just didn't have the elections, they just stayed on the board, we got in a big fight and it ended up to where the special district dissolved and moved. So I'm very concerned that we are taking the job that is already being done by this high-paid housing authority director. We're going to move it to our hospital district, have to hire a new employee. Their job is to nursing homes and the urgent cares and the medical where you get your oxygen when you're in the hospital. They do a very good job of that. Let's keep that scope there so that the quality of health care is going to be top-notch because they're not worried about if they got such-and-such done on the foundation or whatnot for building the housing. And so that's why I'm up here. I'm concerned that we're getting out of the scope of what the function of the housing district is. And then where's it going to stop? What's the next form of government that we're going to get to with it? Thank you.
Representative DeGraff.
Thank you, Sharon. I appreciate the sponsor taking the time to explain a few things, and then especially on the tax, because the health districts already, as he's saying, the health districts have this ability. But if you're going to start diverting money from the tax, then it seems like we're saying that we already have too much tax that's being collected for those other functions. And then we're going to take that money and then we're going to invest it in this housing speculation. And to make it profitable, we're going to cut back so that they can buy these properties with the advantage of them not having property tax. That lack of property tax is still going to not contribute to the school boards or to the schools and that tax is going to have to be raised on somebody And then we have the redundancy of the housing districts themselves So I do appreciate what the sponsor is trying to do in trying to make housing more affordable, but I think we would be better spending our time going back and looking at how this room is making housing unaffordable and figuring out how we can unfubar the market that we've fubarred in order to bring it back in alignment with the free market principles. It's primarily the diversion from the free market principles that housing has gone completely awry. You know, we're adding with asbestos regulations, we're adding $20 to $40 million per year to the cost of housing. We're adding through duplicative regulation, we're adding 30 to 40 percent or more of the actual housing price. We're not changing those things. We're not materially addressing them. We're trying to do these little fixes around the side. And, again, when the people that made the problem solve the problem, you just get a bigger problem. And while I appreciate the efforts, I think this is just going to lead to a bigger problem.
Is there any further discussion on the amendment? Seeing none, the question before us is the adoption of L-003 to House Bill 1300. All those in favor say aye.
Aye.
All those opposed?
No. No.
The amendment dies. Any further discussion on House Bill 1300 as amended? Seeing none, all those in favor say aye.
Aye.
All those opposed, nay. House Bill 1300 passes.
Mr. Schiebel, please read the title to SB 26-047. Senate Bill 47 by Senators Danielson and Marchman, also Representatives Camacho and Phillips, concerning changes to the definition of a general election for the purpose of submitting a question to the voters to allow firefighters to collectively bargain with their public employers.
Representative Camacho.
Thank you, Madam Chair. It is an honor to serve with you.
Honor to serve with you, sir.
Colleagues, today we bring forward a straightforward but important bill that I would like to move before I discuss it. I would like to move Senate Bill 2647.
To the bill.
Now I'd like to finish with my explanation, if you don't mind. Today we are bringing forward a straightforward bill, but an important bill that ensures our election laws work as intended and that firefighters have a fair and functional path to collective bargaining. Under current law, firefighters and their communities can petition to place a question on the ballot to allow collective bargaining under the Colorado Firefighter Safety Act. However, there is ambiguity in how general election is defined, which can create confusion about when the questions can actually appear before voters. This bill clarifies that definition, specifically to ensure that a ballot question related to firefighter collective bargaining can be placed on coordinated elections, including certain statewide general elections in odd number of years, consistent with the uniform election code. What this means in practice is simple. Communities that have done the work, gathered the signatures, engaged voters, and followed the law will have a clear and predictable opportunity to bring those questions forward. At its core, this bill is about fairness and access to the democratic process. firefighters put their lives online for our communities every day ensuring they have a clear pathway to vote on collective bargaining is a reasonable and responsible step this legislation does not mandate collective bargaining It simply ensures that voters have a clear opportunity to decide and we respectfully ask for a yes vote.
Representative Phillips.
Thank you. SB 26047, this is just a technical but necessary update to Colorado law that improves clarity, consistency, and fairness in how ballot questions are administered for firefighter collective bargaining, and we ask for your yes vote.
Is there any further discussion of SB 26-047?
Representative Brooks. Chair, thank you. So in general, I have to admit that I'm not a big fan. Expanding, involving the government into labor policy on a local level, not a fan. There are some other things, though, here that concern me as the way that the bill is written and the loophole that still exists in Colorado law, that I understand we really ought to be looking more than just this policy at trying to close that loophole and trying to fix what I believe, and we've been paying attention in the news to something that has come up and exposed the loophole, exposed the problem behind it. However, to this bill, I want to be able to bring just a little glimpse of how we might be able to help close that problem, help address the loophole that does exist. Therefore, I don't want to build up any more anticipation or drama to the conversation. I want to be able to get right to it because I know you all are hanging on the edge of your seat. I move L003 to SB047 has to be properly displayed.
The amendment is properly displayed. Please proceed.
Chair, thank you. The amendment. No money collected from taxes may be used for the purpose of influencing the electors to vote yes or no on the question of whether the public employer shall be obligated to engage in collective bargaining pursuant to Part 2. I want to kind of frame this up just a little bit, if you'll allow me. In regards to local tax increase ballot measures, this, of course, is not, but I want to be very clear that there is a history here that I'm speaking to that does also speak to this particular loophole. Colorado law does contain a significant loophole that allows local governments to spend unlimited taxpayer. Those are really bad words next to each other. Unlimited and taxpayer funds. If I don't have your attention already, oh my goodness. It allows local governments to spend unlimited taxpayer money on political consultants in order to craft ballot measures before they are placed on the ballot. Now, once they've been placed on the ballot, that's a different story. But unlimited taxpayer money to craft measures before they go on the ballot. This has been something that has been in the news. You can look it up, actually, if you would like. This practice has greatly expanded in the last few years. Its property tax revenue available to local governments has exploded. It did happen in Jefferson County. That might help your search. A political consulting group campaigned for the elimination, Jefferson County, of Tabor revenue caps. This is just history, again, to explain the dangerous loophole that we have. It passed in 2024, despite the fact that voters had turned it back twice in five years. A similar story played out in Arapahoe County, lest you believe that this is just a Jefferson County problem. If this bill passes, it's reasonable to assume that local governments around the state can or will actually pursue similar strategies and use unlimited taxpayer money to campaign for more taxpayer money unless the loophole is closed. So really what this does is this closes that to ensure that it's not malfeasance, that you're not using taxpayer money in order to try to game a vote ahead of time. Once it's on the ballot, can't do that. But why would taxpayer money be allowed to be used to craft the language ahead of time to where you know that it can influence the outcome of the vote? Those are your dollars. This closes that loophole for this policy. I will tell you that it's a much bigger problem that I believe should be addressed by this body, maybe perhaps soon to come. We can only work right now to close the loophole in this policy, and I would ask for an aye vote on this amendment.
Is there any further discussion?
Representative DeGraff. Thank you, Chair. I request, I think, an aye vote on this as appropriate. The money of the citizens should not be spent on this. There are basically unlimited funds that can be used to, and what goes into that prior to getting on the ballot, in the language, in the marketing, in the research, what all can happen in that time? and so it puts the citizens at a disadvantage when you might effectively look at obviously the firefighting is a great service I mean we owe them a great deal but we don't owe and I think in general the citizens want to make sure the fire department is taken care of and if we want to actually take care of the fire department I think what we need to do is we need to make sure that the local funds are available and we need to stop siphoning them off at the state level and allow more of these things to happen at the local level. So using taxpayer funds to be able to lobby, to be able to craft the language, to be able to do whatever leading up to a ballot initiative in order to influence more tax dollars is I think is something that should be limited in this loophole. that loophole should be closed. It should be closed in general, but this is a good opportunity to close it in one specific example. I ask for an aye vote.
Any further discussion? Representative Camacho.
Thank you, Madam Chair, and thank you to my colleague from Douglas County for bringing this forward. I appreciate the intent of the amendment. I do think there's further discussion to be had on this. However, we're going to ask for a no vote for a simple reason. The language of this amendment is simply too broad, and use of taxpayer money to influence a yes or no vote could also implicate the blue book because in your blue book there is a description of what is yes and what is no And I think this language is probably too broad and probably should be done in a separate conversation so we respectfully ask for a no vote on this amendment.
And since I...oh, you have the last word, that's right.
Representative Brooks. Chair, thank you. I don't know what to do with the last word. I'm not used to having that. I will argue back just a little bit. The variance between the word influence and then with the blue book, that should be, of course, educate. So I don't know that this would necessarily be something that goes to the blue book because the blue book is for educational, right, to educate the voters, not necessarily influence. However, if you're spending, say, oh, I don't know, let me come up with a number, $340,000 specific to try to influence a vote, then that's going into a different area. Now, there are some things with which I can agree as far as the pushback, perhaps maybe being a little bit too broad, but certainly can agree with the piece of I believe that this is part of a larger conversation that I hope to be able to have at some point. because, again, this is speaking to this policy specifically, but there is a loophole here that is much larger than just this policy that we need to address. I still, however, would ask for an aye vote on this. Representative DeGraff. Thank you, Chair. And, of course, here, again, we're talking about prior to influencing the electors to vote yes or no on the question. And the blue book, of course, is what that's going out with, that should be going out with the ballots, and it should be written in a, it should be prior to a bill a couple days ago, it should be written in language that's neutral. And so it's not going to, the blue book should be written, or used to be in the past prior to this year's legislation, that it would be written in a manner that is neutral on the effects of voting yes or no, so that people could know. So since it is voting, since it is educating on both yes and no, I'd say the blue book is as required by Tabor, which is a good thing, which is the only reason that the citizens of Colorado get the education on these ballot initiatives, is that that is not an influence. I agree with my colleague. That would be an education because it should be a neutral publication.
Is there any further discussion on the amendment? Seeing none, the question before us is the adoption of L-003 to SB-047. All those in favor say aye. All those opposed, nay.
No.
It fails. To the bill.
Yes, sir. Representative DeGraff. Thank you, Chair. So I just wanted to talk everyone's favorite, FDR. Reading your letter as of 14 July 1937, I was especially interested in the timeliness of your remark that the manner in which the activities of your organization have been carried on during the past two decades has been in complete consonance with the best traditions of public employee relationships. Organizations of government employees have a logical place in government affairs The desire of government employees for fair and adequate pay reasonable hours of work safe and suitable working conditions development of opportunities for advancement, facilities for fair and impartial consideration and review of grievances, and other objectives of a proper employee relations policy is basically no different from that of employees in private industry. Organizations, on their part, to present their views on such matter is both logical and natural. But meticulous attention should be paid to the special relationship and obligations of public servants to the public itself and to the government. All government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with government employee organizations. The employer is the whole people who speak by means of laws and acted by their representatives in Congress accordingly. administrative officials and employees alike are governed and guided, and in many instances restricted by laws, which establish policies, procedures, or rules in personnel matters. Particularly, I want to emphasize my conviction that militant tactics have no place in the functions of any organization of government employees. Upon employees in the Federal Service rest the obligation to serve the whole people whose interests and welfare require orderliness and continuity in their conduct of government activities. This obligation is paramount, since their own services have to do with the functioning of government. A strike of public employees manifests as nothing less than an intent on their part to prevent or obstruct the operations of government until their demands are satisfied. Such action, looking towards the paralysis of government by those who have sworn to support it, is unthinkable and intolerable. It is therefore with a feeling of gratification that I have noted in the Constitution of the National Federation of Federal Employees, the provision that under no circumstances shall the Federation engage in or support strikes against the United States government. I congratulate the National Federation of Federal Employees, the 20th anniversary of its founding, and trust that the convention will in every way be successful very sincerely. So what he's saying is that all government employees should realize the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has a distinct and incertable limitations when applied to the public personnel management. The very nature and purposes of government make it impossible for administrative officials to fully represent or bind. And the ability to engage in those. So at its heart, we have a little bit of it, ironically, with FDR here. And you have to look at the nature. And do I think the firefighters, do they need adequate living? Do they need adequate wages? 100%. Is this the proper way to do it? I'm not so sure. I think we need to have county commissioners. We need to have those individuals that have the funds of the people of Colorado we need to have them looking out for the best interests of their firefighters I mean, they are effectively, they're in that position, they're elected, and they are serving the public in that same capacity. Now, what we have is a problem of priorities, and we have not funding them appropriately. Well, that's a local issue. but it's a very dangerous thing when we as FDR notes here and should be noted that I am not in any way shape or form against unions I don't think the argument that they're un-American is true because you can note that the United States is a union of states but we have to be very careful in the nature of the collective bargaining because you cannot because it is the individuals that have taken this oath to serve the community So with that, I ask to move L-004 to Senate Bill 047 and ask that it be displayed.
The amendment is properly displayed. Please proceed.
Thank you. This bill changes the definition of a general election for the purpose of determining when a question may be added to the ballot to include a statewide and general election in odd number year only if it qualifies as a coordinated election as defined in the uniform election. This just changes that the question may be submitted only at a regularly scheduled election of the affected political subdivision at which a majority of the electors who reside within the jurisdiction may vote. so the odd number years the odd votes the in the odd numbers years yes they would be they would be qualified as a coordinated election but there's that is also a generally an election that we should avoid and it generally has low turnout so to have a major a major part of the bill be directed or seemingly directed i should say to be put in an odd number year only means that this bill would have this idea, this presentation to the taxpayers, to the citizens of Colorado, to the citizens of a municipality, would have minimal participation. So putting it in an odd year is an odd thing to do because you're actually encouraging minimum participation. and if a petition signed to at least 5% of the regular numbers have voted who voted in the last regular municipal election. So this just takes it back and it puts it, let's put it in a regular election. If you're going to put it before the citizens of Colorado, let's make sure that it has the maximum view. if you want to actually if you're actually representing them don't put it in an odd number year for the purposes of putting it in an odd number year which effectively ensures that minimum eyeballs are on this minimum consideration is going to be put into this and this is a very big issue for the citizens of Colorado this is something that deals with the health safety and welfare of all Coloradans and it should be dealt with by all Coloradans, not relegated to a minor election.
Is there any further discussion on the amendment?
Representative Phillips. Thank you, Madam Chair. It's an honor to serve with you. It's an honor to serve with you. Thank you for bringing the amendment. I think the idea is on point because it's trying to clarify, but this amendment reinterpreted ...introduces the ambiguity that this bill is clarifying. The cleanup on this bill is to follow the Uniform Election Code, and this amendment unfollows it. Let's not unfollow the Uniform Election Code. Vote no.
Is there any further discussion?
Representative DeGraff. I appreciate that, and I appreciate the baseline of the code itself, But what this does is it clarifies. And what you have with these codes is you have a baseline from which you can build. And it's not a violation of the Uniform Election Code. This is just making sure that the max number of people see this bill, see this issue. You have the historic precedent of FDR saying that this is basically saying that this is something that has a very dangerous potential outcomes for the citizens of Colorado. And so what we're doing, we're not saying anything about the elections in general. This amendment just says, hey, we get it. We get the overall things on the election, but what we really want to do is we want to make sure that this is under the consideration of the maximum number of individuals, not relegated as it might be prone to do for minimum observation of it to a minimum number. So, again, we can build up from the election to make for whatever purposes, And this purpose here is to ensure that the maximum number of citizens are engaged in this process and making sure that because the fire department is ultimately there to serve them. And we need to get, so this puts this in better control of the citizens of Colorado to make sure that what is happening with their money, which is happening with their funds, is what they are actually intending. This is not a minor issue to be relegated to an off year. This is a serious issue. It's a major issue, and it should have the consideration of a major vote, an even-year vote where we discuss the majority of our issues, not cursory issues.
Is there any more discussion on the amendment? Seeing none. The question before us is the adoption of L-004 to SB-047. All those in favor say aye. All those opposed say no.
The no's have it.
Is there further discussion on the bill?
Representative Sucla. Thank you, Madam Chair. I understand the intent of the bill. I was a firefighter for 12 and a half years, but I was wondering would an unintended consequence, would the firefighters be allowed to strike? That it would be a union. Representative Phillips. Thank you, Madam Chair. The question was, are the firefighters, would they be able to strike? That's not connected to this bill. like certainly through collective bargaining, those are decisions that they can make, but that's not connected to what... This bill just clarifies the language for putting the collective bargaining on the ballot So it not connected to if they could strike or not Representative DeGraff I think it's a fundamental question to what we're talking about here, is because if you're going to enter into collective bargaining, collective bargaining typically engages the right to strike. So if you're going to say we want to, what we want to do is we want to clarify the language to put this on the ballot. The question is germane. Yeah, it's not addressed in here specifically, but the reason for the question is germane. The reason for it is why we are, that this is a very, that's a very big issue. What happens if the fire department goes on strike? What happens if the police department goes on strike? What happens if all the medical workers go on strike? This is not a matter of convenience. These are issues that we've instituted for life and death. And you can't create a collective bargaining issue. And so this, of course, would go back to the amendment that you struck down, that this is a very serious issue and not one that should be relegated to a minor election for minimum participation. So, yes, the entire question is about whether the fire department can strike. It might not be addressed in here specifically, but it is addressed in here in total. And so if the citizens of Colorado, and maybe it should be, if the citizens of Colorado are going to vote on collective bargaining, they should also be aware that they are voting in, unless you specifically exempt it, the ability to strike. And that is why FDR said this is a very dangerous thing, and it's not something that should be entertained. Now, so for that reason, so I asked for a no vote on the bill. we shouldn't be putting things before the public that puts their welfare and well-being in jeopardy.
Is there any further discussion on the bill? Seeing none, the question before us is the adoption of SB 047. All those in favor say aye.
Aye.
All those opposed say no.
No.
The bill passes. Okay, thank you.
Mr. Schiebel, please read the title of Senate Bill 25. Senate Bill 25 by Senators Rich and Snyder, also Representative Marshall, concerning land survey monumentation.
Representative Marshall. Thank you, Madam Chair. It's an honor to serve with you.
It's an honor to serve with you, sir.
I move Senate Bill 26-025.
To the bill.
Yeah. Colleagues, this is a very good and easy, simple bill brought by the surveyors. A lot of you have probably seen those monuments, what they call them, those big brass reference items that they put in with like a 10-foot pole and slam them on down. The law allows them to not have to put them in dangerous areas like under waterfalls or up in big cracks and the like. but they never carved out rights away. And I've actually, in my time, have seen a couple like in the middle of a road where they sank it right in the middle of the road. That turns out to be very, very dangerous for the surveyors. And when I first got the bill, I thought, oh, yeah, this is an easy one. And I had some humorous antidotes to put out but it turns out it isn funny because we actually had two surveyors in Colorado that have died out in a right and got hit One in the mid-90s and one about seven or eight years ago. So this is a serious bill that is long in coming that just says they can use reference monuments to the side and not have to place these monuments exactly in the middle of a right-of-way. Got out of the Senate unanimously, the committee and the Senate, and got out of our committee unanimously. So I hope we can get it out of here unanimously. Thank you.
Thank you. Is there any further discussion on Senate Bill 25? Representative Brooks.
Sure, thank you. my colleague from Douglas County is actually bringing a pretty good bill here heard this in committee and that's why I wanted to jump up and speak about it because I was able to hear the details or actually the lack of, you know, it wasn't aside from surveyors that saying hey help us save lives, help us get out of the roadways there really wasn't anybody that spoke in opposition to it because Honestly, I don't know that there's anything to oppose. Good bill helps be able, again, to just put surveyors in a better position of where they're not risking life and limb to do their job. So I'll be a yes.
Is there any further discussion? Seeing none, the question before it is the passage of Senate Bill 25. All those in favor, please say aye. All those opposed, please say no. Senate Bill 25 is passed.
Mr. Schiebel, please read the title to Senate Bill 14. Senate Bill 14 by Senators Zimabile and Michelson-Junay, also Representative Ryden, concerning modifications to the affirmative defense of not guilty by reason of insanity.
Thank you. Representative Ryden.
Thank you, Madam Chair. I move Senate Bill 014.
To the bill.
So this bill comes, thank you, Madam Chair, this bill comes from an interim committee that meant, this is the Interim Committee for Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. So this was a subcommittee that specifically meant to address the not guilty by reason of insanity. And this group was made up of the Department of Human Services from health care and financing, the state hospital staff. So that's a lot of your forensic staff. The Colorado DA's Council, the Alternative Defense Council, the Public Defenders, and then Bridges, which we know is kind of the linkage in case management support services that's in each of the judicials. so they recommended that you know I think what we need to do is we need to formalize they said we need to formalize what's being done for those who do after the crime is committed and they are restored to competency the next step and if they are found not guilty by reason of insanity they go immediately for the most part to the state hospital so it's looking at what is that process that's actually happening once they're there so it was to make sure that the courts prosecutors those who are doing the forensic evaluation so those at the state hospital are all communicating with each other so the bill does that it It also looks at the idea of community placement. So this is what happens kind of like as a trial run before somebody is reintroduced back more permanently into the community. And it also looks at what happens with conditional release, which is, again, you are allowed to do that. It's after you go through a court process, and then you have lots of supervision, essentially, as you're in that community. And if you're on community conditional release and then unconditional release standards as well. So what would need to happen if you got that designation? We want to make sure that law enforcement also is properly notified when these placements are happening. And then I just want to be really clear that this is not a new program. It just more clearly stating what the process is So with that Madam Chair I also want to move Amendment L to the bill
Okay, L-6 is displayed. Representative Ryden.
Thank you, Madam Chair. I just want to further, this amendment is really just being a little bit more specific around after the court does decide on conditional and unconditional release that there is notification happening with the district attorney's offices. So, again, the DAs are very okay with this bill and with this amendment and would appreciate your support. Thank you.
Is there any discussion on L6? Seeing none, the question before is its passage. All those in favor, please say aye. Aye. All those opposed, please say no. L6 is passed. To the bill. Is there any further discussion? Representative Bottoms.
This is another version of HB 24-1034 that made it very easy to allow people to not have to serve trial because of competency issues. We lowered the bar for competency issues, and it put people out on the street that killed people.
Representative Bottoms, I'm sorry to interrupt. This bill is about affirmative defense of not guilty by reason of insanity, and we would need, I'm sorry, to debate this bill. If you can, please direct your conversations to Senate Bill 14.
We are continuing to put bills out here that are soft on crime, that are putting people in danger in the state of Colorado because of these type of issues that we're not actually holding people accountable. We're coming up with all kinds of other layers of things, and this is just a continuation of this, that we're putting other layers of things in place here that are making it very difficult to actually keep the people of Colorado safe in this process. And we're doing it through the court systems. We're doing it through all kinds of different process in the state of Colorado. and so I'm a strong no in continuation to try to be stronger on crime. I'm a strong no to this bill.
Thank you. Representative DeGraff.
Thank you, Madam Chair. So this is just trying to clarify, because that bill referenced that we're not talking about today, did create a problem, so it's great that we are addressing it and undoing something that we should have probably spent a little bit more time on when it came before us. So looking at this with applicable tests for release as to a person charged with a criminal crime, allegedly committed on or after the standard for unconditional release. Now, when someone is incarcerated, there is a level of that they are incarcerated one you could say it's for punishment and then there's the question of well whether that punishment actually does them any good because they don't understand what they did was right But there is also the other side of incarcerating somebody for the sake of preventing them from violating the life, liberty, or property of somebody else. So whether they know it's right or wrong, they have to be able to not violate the rights of somebody else. And so when we look at the standard for unconditional release, the defendant has no abnormal mental condition. Well, then why would they be unconditionally released? or is this going to be something that maybe they're unconditionally released, but they need to serve out the rest of their sentence. Likely to cause the defendant to be dangerous to a defendant's self or others. Okay, that's an abnormal mental condition. Not really all that well defined, but the community, reasonable, foreseeable future, and the defendant is capable of distinguishing right from wrong. Well, a lot of very, what we would say is criminally and say people distinguish very well right from wrong. They just choose wrong. So the ability to distinguish right from wrong is hardly a criteria. And then here's the bigger part. It has a substantial capacity to conform. And, of course, a lot of these criminals have a great capacity to conform with the defendant's conduct, and they do most of the time. they just on occasion choose not to. And so when they choose not to, then it becomes an obvious problem. So the standard for conditional release from commitment is without the imposition and compliance with conditions, the defendant is ineligible for release, but the imposition and compliance with conditions, but with the imposition and compliance of conditions, the defendant has no abnormal mental condition, which doesn't really tell us a lot. or capable of distinguishing right from wrong, which also doesn't tell us a lot, and has a substantial comparison to conform, substantial capacity to conform. It's not a complete capacity to conform. So when somebody violates the rights of others, I mean, 99.999% of their time is the ability to conform with standards that don't hurt others. It's that one very, very specific act in time that's the problem. So I don't think this is going far enough for accountability, but I would like to add Section C by moving L010 to Senate Bill 014 and ask that it be displayed.
Hold on one second. The committee will go into a brief recess. The committee will come back to order Okay discussion on L10 Representative Graff
Thank you, Madam Chair. So concerning the modifications of affirmative defense of not guilty by reason of insanity, so we're talking about in this section here, and so this is just notwithstanding subsection 5A, the standard for unconditional release of this section, the standard for unconditional release of a person charged with a crime of violence pursuant to Section 18-1.3-406, a sex offense pursuant to Section or a Class 1, 2, or 3 felony, considering the defendant's clinical history, compliance with the treatment, and any history of violence. The defendant has shown by clear and convincing evidence so that the defendant does not present a substantial risk. So if we look at the way the bill is written right now, the person that's being considered who's obviously done some sort of crime, some crime of violence against somebody's person or property, is only being able to determine right from wrong, which is probably why they did it in the dark of night, and the capacity to conform. And most criminals have the ability to do both, and they conform for the most of the time. So what this does is it requires an actual look at the history of the individual, not just the capacity of their determination of right and wrong, not just the substantial capacity to conform, not just that they have the substantial capacity to conform but they have a history of conformance because what we're talking about is we're talking about releasing somebody an unconditional release of somebody and all they have to do is not hurt somebody for most of the time they just have to be able to not hurt somebody for most of the time and then be able to know that it was wrong for that little bit of time where they did hurt somebody. So this puts the history, this puts facts, so we don't end up coming back here because we've released a criminal who knows right from wrong and just prefers wrong, but who is able to comply with society's expectation all except for the time that they decide to violently act against somebody's property or person. That's it. So we're going to put history in that and say that we need to consider the clinical history, the compliance with treatment, and any history of violence the defendant has shown by clear and convincing evidence that the defendant does not present a substantial risk to the community. And the bar is not risk, because there's always a risk. Everybody poses a risk. This is that the criminal, that the person that we are considering for unconditional release has also not just said that they know right from wrong, or that they can most of the time not do wrong. this is saying that they have a history of not just knowing but doing the right thing And we don end up back here with releasing criminals that just choose to do the wrong thing and just and only violate the norms of society when they choose to hurt somebody, because currently that seems to be something that's allowed in this bill. Certainly not encouraged and certainly not the intent. This is just to tighten up the intent and actually infuse the, before somebody is given unconditional release, that we consider the history of that individual and ensure that they are not a substantial risk.
Representative Raiden.
Thank you, Madam Chair. I think what my colleague, the intention is with this amendment would be, you know, deeply concerned about public safety, wanting to make sure that, you know, the mental illness isn't going to cause them to take away someone else's rights. I think that's what the amendment is going after. I will say, you know, the court is already looking at their capacity. They're already looking at the myriad of those things that you mentioned, so I don't see that part in this amendment being necessary. We also don't have evidence that those with a not guilty by reason of insanity, that they actually, and then who go through the unconditional release process, re-offend. There is zero evidence that that's happening. But what we do see the evidence for is that there are people that could be released that have gone through trial runs, through community placement, who have sign-off from forensic evaluators and whatnot, that they could be released safely back into the community. And so we have this backlog that's happening in the state hospital. And so earlier a colleague talked about competency, which is not what this bill is about, but that has some ramifications to the backlogs we have with competency because if we have more of these individuals in the state hospital, and we're holding them there longer than they need to be clinically, that they could be releasable, then we're going to keep that. So I think if this amendment were to pass, then it would continue with that backlog, and we wouldn't be able to really address some of the competency things. So I'd ask for a no vote on this amendment. Thank you.
I'd like to guide that the purpose of this bill is around affirmative defenses of not guilty by reason and insanity. It is not about competency to stand trial. Those are two different legal procedures,
and concepts. Representative DeGraff. Thank you, Chair. So I'm a little confused because ultimately what we're this changes because we have a whole section here is that, again, we'll go back to page seven, after line 25, but we have to go back and we're talking about unconditional release. And we're talking about an unconditional release if the defendant has no abnormal mental condition. That would be likely to cause the defendant to be dangerous. The defendant to the self or others or the community has no mental condition. Well, what is that mental condition? And does it cause? Is that mental condition a cause? Because a lot of times it's not a mental condition. It's a moral condition that causes this. So they say they don't have a mental condition that would cause the defendant to be dangerous, the self or others or the community. In the reasonable foreseeable future, how long is the reasonable foreseeable future? Reasonable foreseeable future. Not the future but the reasonable foreseeable future And the defendant is capable of distinguishing right from wrong has substantial capacity to conform with the defendant context with the requirement of law. And I'm just saying what these are is these are three incredibly low bars. These are three incredibly low bars. The ability to distinguish right from wrong. Most criminals will probably act at night, Come out of the shadows, operate in obscurity. So they know it's wrong. They just choose wrong, right? So, correct. So they choose wrong. But this allows for that. This is putting, what we're talking about here is in the bill is setting three very incredibly low bars for unconditional release. And when you unconditionally release somebody, you unconditionally put them in a position where they might violate, again, somebody's person or property, life, liberty or property, right? Right. So. So it's not I do saying that I don't think it's a strong enough standard by which we say they have the capacity. Nothing's wrong with their brain that is going to make them do this. They have the capacity to know right from wrong and they have the ability to not. I mean, if you look at, you know, look at. Well, look at how hard it is to identify a serial killer because the majority of that person's time is spent conforming with the law and convincing people that they're conforming with the law. And so most of the most heinous criminals have the capacity to conform their conduct with the requirements of the law. They just choose at some point, not because of brain defect, but because of moral defect, to act in that capacity. So my point here, and I think you could look at, you know, you could, I mean, do we say that anybody who just, who goes out and kills somebody, are they not mentally ill? Are they not, or are they mentally ill or morally ill? What is the criteria? because most, I think you could make the argument that most serial killers under this paragraph could be released from, if they were, and because they would be likely to be, they would say, well, you're criminally insane. And then they would come to this thing and they would say, if they said, well, what would they base it on? If they're not basing it on history, and the history part is all I'm adding to section C. If they're not basing it on history and they say, well, this individual, Jeffrey Dahmer, he knows right from wrong. He has the capacity to conform, and he doesn't have a brain injury. So therefore, that is a standard for unconditional release. So I think it's in keeping with the bill because you're saying that these things, and if you're saying these things are not going to happen because they're not going to reoffend, well then what would be your criteria for that they're not going to reoffend other than to know that by some sort of clinical history, compliance with treatment, and looking at the entirety of their history of violence that they will not present a substantial risk. This is not asking for no risk. This is just asking for a confirmation that somebody has objectively looked at this because this bill is put in motion by a previous bill. that released violent criminals. So all I'm saying is we want to Now, let's over-tighten it, if anything. Let's over-tighten this and not have violent criminals be released just because they know right from wrong and can comply and they don't have a brain injury. That's the majority. So I think we need to accept this amendment because I don't see unconditional release as actually doing much to prevent violent reoffense. Other than that, we just have to go and say, arrest them again after we track them down. And they, oh, well, surprise. And then somebody say, well, you probably should have looked at their history. And if they're already looking at their history to make sure, this is just adding it into this section here to make sure that it is a consideration for unconditional release. That's it. I think it's a good amendment. I think it's a needed amendment because we don't want to end up here again with another bill after a couple years, after the citizens of Colorado's rights of life, liberty, and property again are violated by the JB&B program that is run in this state, the jail bed and breakfast.
Representative DeGraff, again, that is not within the scope of this bill. I would address your attention to the difference between convicted of and charged with. Your amendment address is being charged with not having gone through a trial in an affirmative defense and then a sentence, or I'm sorry, a disposition of not guilty by mental defect, which is after sentencing.
Correct.
And so I would, again, return your attention to that, even though the language in your amendment may confuse the two. Okay.
So what I'm looking at is the section on unconditional release. And what the amendment does is on, as part of the condition for unconditional release, is that the person being considered, that we look at their clinical history, compliance with treatment, and any history of violence, so that the defendant is shown by clear and convincing evidence that the defendant does not present a substantial risk. That's it.
I apologize. Representative DeGraff, I would direct your attention to the last words on line three, which is charged with a crime of violence, not after a criminal disposition.
That is, that's why I keep bringing this up. I see what you're saying here. Okay, so that you're saying the difference here in the language of the amendment is that a person charged with a crime of violence pursuant. Well, now we're, yeah, so we're talking about people that have not even been put on trial.
Exactly, to the bill.
So we're talking about people that have been put on trial, that have not been put on trial, basically by reason. So these individuals that we're talking about have violated somebody's life, liberty, or property. Am I correct in saying that? Likely have been charged. Because they haven't been convicted because they can't stand trial. Well, now I understand you're talking competency, but we're talking about charged with. They were charged with violating somebody's life, liberty, or property. And now we have to, now they have to go to trial. But now we're going to look at whether they can be released unconditionally. They have a charge against them can they be released unconditionally Well if the charge is bogus if the charge is not there well then they no longer charged If they charged and it pretty confident that they did that and they can comply with treatment they can't by what basis? Now you're talking competency. I mean, it's a little bit difficult to separate these things, and maybe we shouldn't. but before somebody is released and before somebody has just said, well, we're not going to put you on trial, we're not even going to put you on trial before that they're released, we should have some understanding that they have had compliance with treatment. They have had their history of violence as shown by clear and convincing evidence that they are not a threat on society. That's it. It's just adding the criteria, having a look at history. If we're going to take them and we're going to say, nope, you're not going to stand trial. You're just charged with violating somebody's life, liberty, or property. But we're not going to put you on trial because of some criteria. If we're not going to put them on trial by some criteria, but we're going to go and look at releasing them unconditionally, then we need to look at the history of the individual on their treatment, on their compliance, not just their ability. So I ask for an aye vote because I think there were too many people that were hurt by the previous bill, as well-intentioned as it was, there were too many people that were hurt. And this is just a way to close a loophole to make sure that somebody who can tell right from wrong, who can comply with this history and doesn't have some brain injury, does not reoffend simply because they were deemed that they were not competent, so they couldn't stand trial, but then we release them, and we don't have any basis by which we can assume or deduce that they are not going to be a risk, a substantial risk, not just a risk, but a substantial risk. So the substantial risk becomes a fairly high bar. If we're going to not put them on trial, it's like now we're talking clear and convincing evidence that they are not going to offend. We're talking about like there's a 75% chance that they're not going to offend. So we want to make sure if we're not going to put them on trial by reason of insanity that we're not just releasing them under the most bare minimum weight. If they can handle all those things, well, then they should probably stand trial. So this is just let's not end up back here again after some child is horribly murdered by good intentions.
Representative Bradley.
Thank you, Assistant Minority Leader. My bad, Majority Leader. I stand in support of this amendment as well. So the problem is that in our communities, our constituents are begging us for public safety. That's probably most of the emails that I'm getting are public safety. So to standard for unconditional release for a person charged with a crime of violence pursuant a sex offense, class one, class two, or class three. So we don't want them to have unconditional release. And let's talk about what those classes are. Class one felony sex offense is the most serious. These involve extreme harm violence or repeat predatory behavior They sex assault involving a serious bodily injury sex assault with a deadly weapon aggravated sex assault of a child which is an example of repeated abuse, use of force, threats, or causing injury. Sex assault committed by someone in a position of trust with aggravating factors. And what we're seeing in our counties are these teachers, positions of trust, that continue to violate these positions of trust. Repeat sexual offenders with prior convictions. This often involves force, violence, or severe exploitation, and it often can carry life imprisonment or extremely long sentences, mandatory sex offender registration for life, Class II felony sex offenses, still very serious, but typically without the highest level of violence or aggravation seen in Class I. This can involve sexual assault, rape involving force or threat of force, sexual assault on a child without extreme aggravating factors, sexual exploitation of a child, which is like production distribution of child pornography, and incest involving a minor. That's class two. Significant prison time, often decades possible, depending on sentencing laws. Mandatory sex offender registration may involve coercion, manipulation, or abuse of power. Class III felony sex offenses, serious offenses but generally involving less force or lower levels of aggravation compared to Class I and II. Example, sexual assault where the victim is incapable of consent, like being intoxicated or unconscious but without force. Unlawful sexual contact involving coercion but not severe violence. Certain internet luring or enticement offenses involving minors. failure to register as a sex offender, prison or significant jail time still requires sex offender registration and often involves lack of consent rather than overt violence. So that's what we want to carve out with this amendment. We want to make sure people that do the worst of the worst crimes in our state often with significant violence don't get unconditional release. we have a public safety crisis in our state and and i'm just going to read that a speech that somebody sent to me about some of the recent laws and how this bill as well will alter how we handle sometimes competency but unconditional release based on some criteria that we don't even understand and again representative bradley thank you very much i would ask that you direct
anything that you read to post-conviction. Absolutely.
Thank you. And I'm reading more so for the unconditional release of certain classifications of what the amendment is granting an assistant majority leader, because we have clarifications in this bill that says what the representative from El Paso has no abnormal mental condition that would be likely to cause a defendant to be dangerous to the defendant itself or others. But these class one, two and three don't fit into this paradigm in this bill. And these are violent crimes sometimes against children. And so the amendment would be barring this unconditional release from these types of crimes. Some of the worst crimes that we have against people in our state. This amendment is a good amendment. It would really help this bill. It will help keep the worst offenders in jail so they can't be released unconditionally.
And I rise in strong support of this amendment Thank you Representative Luck Thank you Madam Chair As we discussing this I wondering if the bill sponsor can clarify So this section is being added as C to subsection five on page seven. And I'm just wondering, I want to have confirmation that parts A and B that are already in the bill, that the standard there is preponderance. Is it the preponderance of the evidence? Is there any further discussion on the amendment? Seeing none, the question before us is the adoption of Amendment L10. All those in favor say aye. All those opposed say no. The no's have it, and Amendment L10 is lost. To the bill. Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 14, I believe, as amended. All those in favor say aye. All opposed, no. House Bill or Senate Bill 14, as amended, passes. Madam Majority Leader.
Thank you, Madam Chair. I'd like to move House Bill 1318 to after House Bill 1313.
All right. By motion of the majority leader, we're moving House Bill 1318 until after House Bill 1313. Mr. Schiebel, please read the title of House Bill 1313.
House Bill 1313 by Representatives Basinecker and Stewart R., also Senator Ball, concerning the adjustment of requirements for governments to receive funding from the statewide affordability housing fund. Speaker Pro Tem Basinecker.
Thank you, Madam Chair. It's an honor to serve with you.
And an honor to serve with you.
I move House Bill 1313 and the Transportation, Housing, and Local Government Committee report.
To the committee report. Representative Stewart.
Thank you, Madam Chair. I move L004 to the Transportation, Housing, and Local Government Committee report and ask that it be properly displayed.
All right. Give us just a moment. The amendment is now before us. Please proceed. Go ahead, Rob Stewart.
Thank you, Madam Chair. L004 is an additional amendment to the committee report. 13 to 13 already allows local governments to calculate their investments into affordable housing as a proportional share of unit counts starting in 2027. And this amendment allows those same local governments to use the same calculation to qualify for the waiver in the bill for the current reporting period of 2024 to 2026 and local governments have asked for this amendment and are very appreciative of it so I would ask for
an aye vote on the amendment. Is there any further discussion on the amendment? Seeing none, the question for us is the adoption of amendment L4. All those in favor say aye. Aye. All opposed no. Amendment L-4 is adopted. To the committee report. Is there any further discussion? Seeing none, the question before us is the adoption of the committee report. All those in favor say aye. Aye. All opposed, no. The committee report is adopted. To the bill. Speaker Pro Tempe Snecker.
Thank you, Madam Chair. We have a couple amendments to move to the bill. It's a series of three amendments that essentially accomplish one thing, and that is simply to work with our tribal governments who do not issue building permits and as a result of that would face complications under the bill. What we're doing to respond to that situation is to say that our tribal governments are perpetually qualified to submit projects to DOLA as they have them, so they don't have to pull in that building permit data that they don't have. And so we'll be moving L5, 6, and 7 as a result of that. With that, I move L5 to House Bill 1313 and ask that it be properly displayed.
Amendment L5 is properly before us. You can proceed.
Speaker Pro Tembace-Nekker. Thank you, Madam Chair. As advertised, this is responsive to requests from our tribal governments to make sure that they can still access 123 funds without having to submit the building permit data. We ask for a yes vote.
Is there any further discussion on Amendment L5? Seeing none, the question before us is the adoption of Amendment L5. All those in favor say aye. Aye. Those opposed, no. Amendment L5 passes. Speaker, Pro Tempe Snecker.
Thank you, Madam Chair. I move L6 to House Bill 1313 and ask that it be properly displayed.
The amendment is now properly before us.
Representative, Speaker, Pro Tempe Snecker. Thank you, Madam Chair. More of the same, simply making sure that our tribal governments remain qualified to submit projects as they have them. We'd ask for a yes vote.
So any further discussion on the amendment? Seeing none, the question before us is the adoption of Amendment L6. All those in favor say aye. Aye. Those opposed, no. Amendment L6 is adopted. Speaker Protenb-Basenecker.
Thank you, Madam Chair. I move L7 to House Bill 1313 and ask that it be properly displayed.
Thank you. Thank you. Discussion on Amendment L-7. All those seeing none the question before us is the adoption of Amendment L-7. All those in favor say aye. Aye. All those opposed say no. Amendment L-7 is passed. To the bill. Yes, to the bill.
Representative Stewart. Thank you, Madam Chair. House Bill 1313, I have been saying, and I will say it again, is what thoughtful, responsive governance looks like. The original formulas for local governments to continue to qualify on a three-year rolling basis for these all-important Prop 123 funds for affordable housing was not working for our local governments. It was setting unrealistic and unattainable numbers for them to hit to continue to qualify for this funding. And so they came back and asked for us to take a look at the formula. And this bill has been through a massive stakeholding process with our counties, with our cities, and is incredibly responsive to the needs of our municipalities and our communities who want to continue to make these bold investments in housing affordability. Prop 123 is working as intended. It is drastically increasing the stock and construction of affordable housing However the targets that some of these local governments have been asked to hit sometimes fall outside of the range of what they are building realistically overall in their community year over year. And so House Bill 1313 is our, I would say, successful attempt to fix that, fix the formula to make sure that the goals for every single community really are a reflection of what growth in their community looks like. And we have also created a very robust waiver program to ensure that communities that are actually working towards creating more affordable housing are able to continue doing that work. And I'm incredibly proud of the work that we've done in this bill to really make it work flexibly for communities in Colorado. So I would ask for an aye vote. Speaker pro tem base. Thank you, Madam chair. Nearly four years ago, Colorado voters approved proposition 123, which allocated over $300 million to our affordable housing ecosystem each year. I would like to note that since that time, developers, service providers, and local governments have partnered to build more than 11,000 affordable units and serve nearly 100,000 Colorado households. This is an optional program for local governments to opt into. And what we have decided is real and true is that we need to remain true to the voter intent when they passed Proposition 123. And we also need to create a program that is both administrable and achievable for our local governments within that directive. This bill does exactly that. It creates new baseline targets for local governments who opt into the program. It creates a good faith waiver for jurisdictions in particular that had no possibility of ever achieving their growth targets and it also creates flexibility on the baseline ongoing should we have gotten something wrong in this formula so we don't need to keep revisiting this in statute but there's a process whereby we can make sure that the program is flexible enough while adhering to local community standards we ask for a yes vote so any further discussion representative richardson
he put his hands up to graph you've had lots of time we got to share the mic
Thank you, Madam Chair, and thank you, sponsors. I'm trying to continue the thoughtful and responsive approach you've taken, and I move L-009 to House Bill 261313 and ask that it be displayed.
The amendment is now before us. Go ahead and proceed, Representative Richardson.
Thank you. All changes are kind of fraught with sometimes unexpected consequences, and this amendment is meant to protect against that. It's relatively simple. The bill itself replaces a clear uniform standard with a new formula driven by permits, job growth, and DOLA's discretion. This may be an improvement, or it might just be further complication, and something that's easier to meet on paper. We don't really know yet. We know the sponsors are hopeful. We know that all the stakeholders that worked on this are hopeful that this will result in a better system of distribution, but we don't actually know that until we try it. So this amendment just says simply prove it. You know give it five years let the formula run collect data have DOLA report out then answer the questions that really matter did this result in more affordable housing If the answer is yes then we continue it If the answer is no the new formula should not just live on on autopilot This isn't a no on the bill, it's a show your work. For five years, real data, real results, real accountability. I think it's a reasonable change, and I would urge a yes vote. Reperee, Assistant Minority Leader Winter. Thank you, Madam Chair. I also rise in support of this amendment. I think it's a fair amendment. We do this in sunsets all the time, and I appreciate what the sponsors are trying to do with this bill, but I think that you've set out a set of metrics that we'll have the ability to be able to revisit in five years. I think that's important as we write legislation because there's been a lot of times we have to come in this building after a few years when we see something not moving, and we have to work in a different direction. I think this amendment is just a good faith amendment to the program to say these are the metrics we've set out. We're going to push forward and pursue these metrics. And then in five years, we're going to take a look at them. And if they're working, we keep running with them. And then if not, we come back to the drawing board and we change things around. So I think this is just good governance to be able to say, okay, we're going to say we're going to check ourselves in so many years to see if these policy decisions are actually providing what we wanted or this gives us the ability to look at them and basically readjust fire, if that makes sense, to where if some things are working, that we can fix those that aren't and come up with a better plan. But I think this is a really good governance amendment, and I support it 100%. Representative Brooks. Sure, thank you. For many of the same reasons that my AML just got up and described, I rise in support of this amendment. In committee, when we heard this, there was an admission that Proposition 123, there was a little bit of kind of back of the napkin math. I think it was back of the envelope, the term that was used. Back of the envelope math that was used in coming up with the algorithm, coming up with the parameters for Proposition 123, with the understanding that perhaps maybe it wasn't perfect. and that's why we have this policy, this bill in front of us today, is an admission that, hey, you know what, we did the best we could with getting this drafted, but it wasn't entirely dialed in the right way. There was a further admission that along with that, likely we'd have to come back every year, a couple of years, and maybe make some tweaks, maybe make some adjustments along the way. So this ensures that we're doing that because what we don't want to try to project is that we're fixing this and that we're done and that this is the answer that is going to fix 123 because honestly we don't know that. We don't know that. Maybe the job creation piece of this into the algorithm is not exactly the right thing to do. Maybe it's not the wrong thing to do. But we know already that this is going to be a fluid algorithm, a fluid piece that we're going to have to adjust. I still, I express this in committee that I have some concerns to the bill, which I can speak to later. But this amendment, I think, is very fair because it honestly captures the discussion that we had in committee of how this is going to be an ongoing conversation to ensure that we're getting it right. So I would vote. I would ask for an aye vote on this. Representative DeGraff. Yeah, I think coming back in a few years making sure that this program does what is intended seems to be kind of a should be something that is part of all of our bills that we come back and we look at how this is is it doing what we want it to do? Are we spending the citizens' money wisely? And if the program is acting according to what was anticipated, not only as what's anticipated, but do we have the money to continue it? Do we have all that? Then we can look at extending it, but we shouldn't be in a hurry to just keep new stuff going and then being required to have a deliberate look behind us. We should always be looking at evaluating these things so they don't catch us off guard. I ask for an aye vote. Speaker Pro Tembe Snecker. Thank you, Madam Chair. To clarify, I believe my colleague is asking for a yes vote on the amendment. I am not joining him with that sentiment, but appreciate the discussion here. I think the concerns are several with this idea. The first being we are repealing through this amendment the new formula that we are seeking to put into statute. The bill also repeals the old formula. So at the end of the day, would this amendment be adopted? What you're left with in 2031 is no formula, meaning that we have no metric by which to build or require affordable housing to be built in jurisdictions that have opted into Proposition 123. I think it's also out of line with what we should expect from developers and local governments in this area in general. If you are looking to inject a ton of uncertainty into the development space, definitely make a situation where there's no capital to be had and there's uncertainty about whether you can bring your project to market. That's what this amendment would do for developers both on the front and back end of it. That uncertainty, I think, is probably a deal killer for a lot of folks. We also have a waiver process in this bill for the same reason. Should there be a reason why a local government cannot achieve under the new formula, and I would mention that the new formula came to us from our local governments, we have waiver processes in place to account for that. No one in the months of stakeholding that I've done on this bill and Rep. Stewart have done on this bill, no one is asking for this. What they're asking for is a fix that's reasonable, attainable, achievable. We think we've found that through the formula because we've ultimately listened to the local govs and other stakeholders who have asked for this. I would also say this, in response to lines 9 through 15 on this amendment, that reporting already happens, that reporting already exists, so it is duplicative and unnecessary. We ask for a no vote.
Is there any further discussion on the amendment? Seeing none, the question before us is the adoption of Amendment L-9. All those in favor say aye. All opposed, no. The no's have it, and Amendment L-9 is lost. Representative Sucla.
Thank you, Madam Chair. So what's interesting about this bill is there was the first bill that I ran when I was elected two years ago was called Equal Distribution of Government Funds, and it had to do with 123. So the way that it worked was if you have $300 million, and this is why it was voted down, it was too simple, and it would have actually worked, because I believe we had a formula that didn't work. We came up with a new formula that they're trying to make it better, but I believe you're making it too complicated. The way that the equal distribution of funds works is you take the first $150 million, and you distribute it to the 64 counties equally. That is 2.8 million that would be injected to each county right away. Then you take the other $150 million and you distribute it according to population, which would mean the next $150 million would come over here to the front range and maybe a little bit to Grand Junction. you would have injected 2.8 million dollars into a county uh such as delores county that is bigger than their budget and they would have had 2 million 2.8 million dollars to go to town and start building houses every county would have started with that 2.8 million dollars to build houses and it would be would have been instantly as fast as they could figure out how to do it But my concern about this bill is complication, complication, complication. The first formula didn't work. I have doubts that this formula is going to work. And until we get back to simplicity, we're going to be here in a year or two trying to fix this formula. Thank you.
Is there any further discussion on House Bill 1313? Representative DeGraff, welcome back.
Thank you, Madam Chair. The thing that I'm concerned with, I mean, we keep coming back to this, most of these projects are not even, we're turning out these affordable housing ideas faster than they can be implemented, years faster than they can be implemented. And so we're just inundating the market. So as far as creating uncertainty, and we're always continually looking at undermining what's going on in the free market. We're looking at giving passes and grants to nonprofit organizations. we're looking at doing all and just and just and bypassing the free market which historically has a much better track record and then we're trying to fix the fixes to the free the the fix the violations of the free market by more fixes and so this is this is definitely one we're having we obviously have a difference of opinion on whether we have you know we have office vacancy but somehow we have a housing crisis. We have a housing crisis, but we have record vacancies. And so we're trying to address record vacancies by adding more housing because the housing that's there is expensive, but we're not addressing why it's expensive. Gallagher would be one. We're looking at the property tax issue. We're looking at massive inflation of the four years prior with the 22% inflation that drove value wages down and prices up. And then we're trying to fix it with more government programs. And then we're making it mandatory. Desiring to receive funding under Article 32, desiring affordable housing projects within this territorial boundaries, eligible for funding shall make and file division by commitment specifying of the third year thereafter the combined number of newly constructed affordable housing units and existing units to cover affordable housing and this is not really even defined it just it just less than 30 of the family income So then the target increase equals the number of average annual permits for new housing units or functional equivalents or permits for new housing that have been issued over the last three years within the jurisdiction of the local government or tribal government, multiplied by the number of years in the upcoming three-year cycle to which the local government or tribal tribal government. Wow. I think complexity is one of probably the biggest killers that we have. And this does not minimize complexity, and it does not, I don't think it does anything to get rid of the cost of that added complexity. And I think one thing that I would like to do looking at this is when we look at how this affects the budget, when we get into all this is make the participation in the target increase number framework as described in 1D of this section is voluntary. Local government or applicant that does not participate does not meet the target increase. the number remains eligible for funding under this article based on objective eligibility criteria set in law. So the purpose of this amendment, I move L010 to HB 1313 and ask that it be displayed.
Amendment L10 is properly before us. You can proceed, Representative DeGrasse.
Thank you, Madam Chair. So what we're looking at here was what the amendment brought forward, was the participation in the target increased number framework described in Section 1D. So we have this whole complex thing here, desiring to receive funding under Article 32, desiring to make affordable housing projects within its territorial boundaries. It's just to make sure that if the local government applicant does not participate, does not meet the target increase, remains eligible funding under Article 32. for any other funding. So just trying to make it so that the, because the citizens of Colorado are watching these apartment complex come up like mushrooms, and they're wondering what is going on. Why are we building more apartments? Why are these things popping up everywhere? And we want to make sure that just any funding under Article 32, that they're not precluded from that if they opt out of this program.
Is there any further discussion on Amendment L-10?
Representative Stewart. Thank you, Madam Chair. We would ask for a no vote. Essentially, this amendment is saying that meeting absolutely no targets for affordable housing construction will still render a jurisdiction eligible to continue to receive funds, and that is contrary to the voter intent, so we'd ask for a no vote.
Is there any further discussion on Amendment L-10? Seeing none, the question before us is the adoption of Amendment L-10. All those in favor say aye. All opposed, no. Amendment L-10 is lost. To the bill. Is there any further discussion? Seeing none, the question before us is the adoption of House Bill 1313 as amended. All those in favor say aye. All opposed, no. House Bill 1313 as amended passes.
Mr Schievel please read the title of House Bill 1318 House Bill 1318 by Representatives Winn and Froehlich concerning traffic safety near schools Representative Winn.
Representative Froehlich. Thank you, Madam Chair. It is a delight to serve with you.
It's a delight to serve with you.
I move House Bill 1318 and the Transportation, Housing, and Local Government Committee report.
To the committee report.
Representative Wynn. Thank you, Madam Chair. It's an honor to serve with you. It's an honor to serve with you. In the committee report, we added several amendments that provides basically clarity in addressing some concerns with state highways. because right now this bill, and I'll go and discuss the bill, but the idea was that we would create addressing the state highways with creating school zones and, of course, allowing for the Department of Transportation, and this allowed us to go through a $0 fiscal note, which was very important for us to get to this level and to this moment. And, of course, I'm currently going to be asking for an aye vote for the committee report. Thank you.
Sir, any further discussion on the committee report?
Representative DeGraff.
Representative DeGraff, did you want to say something?
Sure. Absolutely, I would. All right. Just had to get everything organized here. Flying through these bills like crazy. All right. So report date of 24 March. We would strike. Strike lines 1 through 14, substitute, amend, and then just say all roadways. It gets a little bit confusing on here. And then on page. Oh, and then this also goes to the bill, which is the drafters, and then we're talking about the bill.
So on page... Representative Graff, are you talking about an amendment or about the bill?
We're talking about the committee report.
Okay, thank you.
Just had a look at the way it was drafted. Caught me off guard.
No, it's okay. Just wanted to clarify.
Thank you.
So we have two amendments on here. So we have two changes on here. Amend the transportation, government dated, and strike page 1, which is going to get rid of, well, page 1. Page 2 of the report, strike lines 1 through 14, and then substitute, which would be in amend the printed bill. So it goes through page 1 through 14, and then go to the printed bill. Strike on page 2 of the bill and strike line 8. page two of the bill and strike line eight and then on page two of the bill strike nine strike boundary and substitute the area immediately adjacent to the school's grounds or marked by the school crossing as specifically designated by the school by the local government or the department of transportation and so going back to this is we're just trying to to make sure that we have this a little bit better defined and not have it what seems like it can be can go out farther than what we in what we intending So school zone exists and the effective date of this subsection as amended extends between 200 feet and 1 feet from a school property boundaries So just substituting that and saying the area immediately adjacent to a school's ground or marked by a school crossing as specifically designated by the local government or the Department of Transportation. And I ask for an aye vote. On the committee report.
I thought I moved the amendment. I move L003 to House Bill 1318 Committee Report.
The amendment's properly before us. You can continue, Representative DeGraff. Are you done?
Okay, great. All right.
Is there any further discussion on Amendment L3? Representative Wynn?
I thank you so much for presenting this amendment here. I would ask for a no vote because, one, we talked about the boundaries here. These are school safety zones, and this would be not within the – it's unnecessary in my opinion. So I appreciate the sponsor. Thank you so much.
Appreciate it. Is there any further discussion on Amendment L3? Seeing none, the question before us is the adoption of Amendment L3. All those in favor say aye. All opposed, no.
No.
Amendment L3 is lost. Is there any further discussion on the committee report? Seeing none, the question before us is the adoption of the committee report. All those in favor say aye.
Aye.
All opposed, no.
No.
The committee report is adopted. To the bill, Representative Froelich.
Optional. We're talking about optional. No. Almost everything in this bill is optional. Isn't that awesome? Or sometimes referred to as permissive. In this bill, we propose that to help school safety around schools and already existing school zones, that one of your options is you can use automatic enforcement. The local jurisdictions have the option to use automatic enforcement within school zones and along neighboring routes. Option number two, you can create school streets if you want to. This would be a very close area around a school where you can have the option to close off streets and lower the speed limits. Option number three, you can opt in on safe routes to schools and school streets on the enforcement and on the school streets opportunity. and option number four is you can finance additional signage along school routes and school zones in collaboration with your local government. The only two things that we are requesting is that we standardize what it means to be a school zone and we clarify that there are no school zones on state highways and number two, that you don't go smaller in your school zone, that while you do have the option to go bigger, you don't go smaller without a public hearing and that's all the bill does and we ask for an aye vote. Representative Wynn. Thank you, Madam Chair. I was, this is one of the bills that saves lives and I think we want to recognize that this bill gives opportunities and options, as my fellow co-prime sponsor mentioned, to basically for local municipalities, school districts, and school boards to have options to protect kids. Right now, we're seeing more distracted drivers. We're seeing drivers who are not paying attention to school zones, and it takes 34 seconds to really save lives. And I was inspired by hearing stories of victims, of advocates, of folks who just want to bicycle their kids to school, of educators who want to make sure that their children are protected on drop-off and pickup. And all we're asking right now is to give options for school zones to be more safe and secure. So I would like to ask for a yes vote as well. Thank you.
Is there any further discussion? Representative Richardson.
Thank you, Madam Chair. I think the sponsor may have misspoke that there aren't school zones on state highways. I think this was intended to say that local governments couldn't change school zones on state highways or school districts couldn't because I've got three schools that are on Highway 24, one on 36, a couple on 287. So I think that was the case. I'm getting a thumbs up, yeah. So I do believe that we all want our kids to be safe on the way to school. I know the sponsors do. But we had some lengthy discussions on surveillance data last week, and it seemed the body is opposed to surveillance data. But this bill actually greatly expands or potentially expands the use of Avis cameras. and ties these to the safe routes to school. And I think there's some terminology differences as well. CDOT has a safe route to school program that designates projects within two miles of a school as eligible. So how far out are we potentially putting cameras? And we don't really control people's speed or their intentions with cameras. They detect violations as they occur or after they occur. Officers, on the other hand, actually change people's behavior. Violations are in real time. Cameras catch them in real time, but officers modify that behavior somewhat in real time. The deterrence actually saves lives. Detection just really documents violations. The cameras are very static. risk can be very dynamic. The officers need to move around to where the problems are. We can't just assume that putting a camera up in one area may help over time as people know the camera is there, but that doesn't change where they're not. And then the dollars that are spent on cameras and the back-end storage and processing is money that we're taking away from funding officers. So I would much rather see a deputy stop behavior than see a ticket. sent in the mail. So I move amendment L002 to House Bill 1318 and ask that it be displayed.
Amendment L2 is properly displayed. Please proceed, Rep.
Thank you. It's a very simple amendment, but it doesn't really say much if you're just looking at the words on the page without looking at the bill. But essentially, this strikes all references to the expanded use of Avis cameras for the reasons that I just discussed and I would urge a yes vote. Representative Nguyen Thank you Madam Chair I be very brief Avis technologies are systems for cameras and for the ability for local law enforcement to use to keep track of speeders And right now, this would hurt for local resources to be used as desired. And of course, we believe that we should free up law enforcement from using any ability, which is Avis cameras for traffic duty if local officials want them. So we ask for a no on this amendment. Thank you.
Is there any further discussion on Amendment L2? Seeing none, the question before us is the adoption of Amendment L2. All those in favor say aye.
Aye.
All opposed, no.
No.
Amendment L2 is lost. To the bill. Representative DeGraff.
Thank you, Madam Chair. So obviously the issue with cameras and keeping us from becoming a surveillance state is becoming more and more difficult. And so we're talking about automated vehicle identification systems. That's everybody. Everybody driving through that automated vehicle identification system is identified. Whether you are in violation of the law or whether you are not in violation of the law. So every single car, every single vehicle is going through that. So we're not necessarily talking about just law enforcement. We're talking about identifying every single vehicle that drives through a school zone. and this becomes a little bit, you know, good intention. I mean, they used to just have cameras, traffic cameras, that would detect whether there was a violation, and then if there was a speeding violation, a radar camera, take a picture of that vehicle, only that vehicle. And then so what we're doing is we're not gathering data because ultimately that data has a destination. And where is that data going and where is it going to be processed? Because, again, we have to look at these things in 2026 because we don't want to end up in 1984. So I move L05 to House Bill 1318.
The amendments properly before us. Go ahead, Representative DeGraff. Thank you, Madam Chair.
So since we're talking about adding the ability to add in automated vehicle identification systems, and we had these conversations a few years ago, and we talked about that these automated identification systems, the data could be sold. And so when we tried to change that and say the data could not be sold, the sponsors said, well, the intent of the bill would be violated by not selling the data, and so that became very troublesome. Now, the law enforcement has different ideas on that, which is good, but anyways, what this is talking about is on page 3, after line 27, just making it known that a local government shall not issue a notice of violation, in this case, make sure we're on the right one, L5, sorry, Sorry, local government shall not issue a notice of violation detected by an automated vehicle identification system or automated traffic enforcement system in a school zone along a safe route of school unless a sworn police officer reviews the alleged violation before the notice of violation is issued to the alleged violator So this just makes sure that the system is evaluated that we looking at this in the law that before we're issued a traffic violation, it's not just based on a machine, that it has that human component, that that peace officer has reviewed it, The peace officer has looked at the, reviewed the data before this goes out and into the alleged violator to make sure that we actually have law enforcement involved in this and not simply a machine. I ask for an aye vote.
Representative Nguyen.
Thank you, Madam Chair. And I appreciate the sponsor's intent for this amendment. I recognize that this data, this sort of systems can be, there could be violations or there could be concerns with it. However, based on our bill and the principle of local control and local governments, Avis systems have shown that this allows for speeders to be attractive vehicles. And so this allows local resources, again, to be used as desired by local municipalities, by law enforcement, by school boards and zones. And again, I want to emphasize this. We want to make sure that we free up the local law enforcement's abilities for traffic duty if officials want them. And naval systems can be shown to be used for keeping track of that. So we ask for a no vote on this amendment.
Representative DeGraff.
Thank you, Madam Chair. What we're talking about is not whether they're useful or whether local governments want to use them. we're talking about whether we are going to authorize, whether we are going to authorize the removal of the peace officer from the traffic enforcement. And we've always had the peace officer in this traffic enforcement, so we don't get tickets from robots, right? That we have this system that is serving society, and that we have that level of review, that we have a level of review. A lot of these automated systems are also tied in with commercial enterprise. They're tied in with commercial programs and the commercial agency is not only collecting that data, but then where they're processing it can be a problem. And then also there's an incentive to maybe shave off a little bit of a time, maybe add a couple miles per hour. And what we want is we want this doesn't ask whether it doesn't forbid or not, it just saying if you know if we if the state is going to give the extension of this to the to the police departments that we also put it on that we put some we do put some constraints on it and that a peace officer has must be involved in the process to make sure to review that violation before we just start sending tickets to people because it's a money maker and it's a revenue generator for the state. So put the peace officer back in. That's what we have them for. We have law enforcement officers. Yes, these are great tools. These are great tools to have, and they can be a force multiplier, but they are not law enforcement officers sworn to support and protect the citizens of Colorado. We want law enforcement to be involved in this. We want the peace officers to be involved in this, to put that on there to make sure that this is not a system that becomes abused. I ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the adoption of Amendment L5. All those in favor say aye.
Aye.
Those opposed, no.
No.
The Amendment L5 is lost. To the bill, Representative DeGraff.
All right Just because I not a big fan of the surveillance state but here we are I move L to House Bill 1318 and ask that it be displayed
The amendment is now before us. Go ahead, Representative DeGraff.
Okay, so this data is often collected by, they are contracted by different agencies, different civilian agencies. And then we, so what we're doing is we're putting a civilian agency in a surveillance state, in a state of surveillance in our surveillance state. and they don't necessarily have all of the training and they don't have all of the requirements that we would consider. So when we consider that most people would consider that their expectation of privacy does extend out, does extend out into their normal day, we don't anticipate, we don't, nobody, I don't think anybody would sign up for whether they are, they plan on breaking the law or not. having somebody follow them around. And effectively, this reliance on the surveillance state ends up having the state following you around whether you want them to or not. And so what this is just saying is that we're inserting on page 3 after line 27 that data collected from these automated vehicle identification systems shall not be sold or used for any purpose beyond traffic enforcement. This data is very valuable. When you look at the data, when you look at, say, the machines that scan your information at the grocery store, from talking to people involved in that, quite often the stores don't buy those. Those machines are given to them by data brokers because the data itself is valuable. And then you pair that data with your identification card that says you're a loyal shopper, and they give you a cut off your groceries. So they mark up the groceries so that they can mark them down so that you'll give them their data. And those things are for the purpose of collecting data. So now the bill that we had a couple years ago, it was a data collection bill with the purpose, with the guise, the premise that it was a law enforcement bill. but it was about and allowed specifically the selling of that data. So it allowed private companies essentially to set up surveillance state at busy intersections and then use that data for we don't know what, but it's very valuable data. And so now with the previous bill, and now we come back again. So now we have a school safety data. We have a school safety bill, but then we have this data, and so this ties in with the previous bill, and so what I want to make sure is that the data collected from automated vehicle identification system shall not be sold or used for any purpose beyond traffic enforcement. And data collected from an automated vehicle identification system must be processed and maintained in accordance with law enforcement data standards. Now, a reason for that is some of these data collecting companies will send their data overseas. And they will send this data to foreign countries. And then basically what we're doing is we are giving foreign countries the ability to form what is called in the military or in the law enforcement standards, you're giving them the ability to form patterns of life on the citizens of Colorado. Because you start linking these cameras together, you start linking that data together, and eventually you have a pretty comprehensive idea of where you go when. And instead of having, you know, we put a great deal of effort to do this on enemy combatants. It is a huge issue with enemy combatants, and what we're doing here with bills like this is we're taking AI data centers, AI data traffic identifying, and then using that and saying, okay, let's just say how we're going to do this. I want to put AI data cameras all over the state, and I want to form patterns of life on the citizens of Colorado all over the state. Well, you don't do that by bringing it to them and saying, hey, citizens of Colorado, how about at your expense we put AI data cameras all over the state and track your every move? I think we would obviously stand up and go, I think that's a really bad idea. So instead what is done is you say, hey, citizens of Colorado, for the children, it's always got to be for the children, you've got to remember we're always going to do this for the children. We want to protect the children, and that's a good intention, but then what that becomes is the emotional bait to take the hook. What is the hook? The hook is installing AI data cameras throughout the state. Because you can take that AI data camera and you can't tell people and say, hey, we would like to put these all up all over the state so we can collect data on you, so we know what to sell, we know where you're going to be, we know who you're hanging out with, where you're going when. We say this is for the children. And sure, it will probably help the children, maybe. Maybe. So it might help the children, but I can guarantee what it will do is it will form an unending data collection on you. I mean, why do you think that Colorado Springs has 14 megawatts of AI data centers that are in the process of being approved? Over double the current amount of dispatchable power that we have right now. So this data is going someplace. This data is being used for something. And so what this bill is foreseeing is just saying that we want data collected for an automated vehicle identification system shall not be sold. This data does not go into the brokerage. Now, does everybody know that the Fourth Amendment, the third-party doctrine, allows that your data be sold? And you know it's sold. But here's the kicker. The third-party doctrine allows the state to buy that data. It allows that data to be used for a lot of things. Because under the third-party doctrine, it's been determined that your expectation of privacy is not reasonable. Surprise! So we just want to make sure that this is not used for any purpose. And so if this is not being used for any purpose other than law enforcement, then this is an easy take. If it is being used for purposes beyond law enforcement, then you should vote against this bill. Data collected from an automated vehicle identification system must be processed and maintained within law enforcement standards. Law enforcement has standards. They have standards of who can see it, they have to be sworn, what they can do with it, who can observe it how long it has to be maintained That all If this bill is going to be operating outside of those intentions then I say then you need to reject it otherwise this is a data collection bill If it's not a data collection bill, then this is an easy amendment to take. I ask for an aye vote.
Representative Bottoms.
I agree with the... Thank you, system majority leader. I agree with the sponsor of this amendment. This does not affect the integrity of the bill at all. It doesn't change anything in the bill. It doesn't affect the intent of the bill. It does nothing except, say, don't sell the information. Unless the intent is data collection, then this amendment is definitely going to be in contrast to that. This amendment is definitely going to be in conflict with selling data because it says don't sell it. But if the bill is truly about the children and all of that it appears and has been verbalized up here, then this amendment seems like a no-brainer. I definitely support this amendment. I don't want my data sold. I don't think anybody in this room wants your data sold. I don't think any of your constituents want their data sold. This, to me, seems like a no-brainer, so I do ask for an aye vote on this amendment.
Is there any further discussion on L4? Representative Froeh.
Thank you very much, Madam Chair, and thank you, Representative, for bringing this. We think this is an important conversation to have, and actually we're open to continuing this conversation. We haven't been able to have it, as we just read this two minutes ago, so we would ask there are no vote on this, and we will make our commitment to continue this conversation. We're the first chamber, and we're only on seconds in the first chamber, so we are asking for a no vote on this, but we also pledge to have this data privacy conversation as we continue talking to our stakeholders.
Representative DeGraff. I'm happy to talk for as long as you need. Just kidding. I still ask for an aye vote.
Seeing no further discussion. Presently, all those in favor of Amendment L-4 say aye. All those opposed say no. Okay, L-4 is lost. To the bill, is there any further discussion on House Bill 1318? Seeing none, the question before is its passage. All those in favor, please say aye. All those opposed, please say no. Senate Bill 13, I'm sorry, House Bill 1318 is passed.
Mr. Schiebel, please read the title to Senate Bill 76. Senate Bill 76 by Senators Lindstedt and Frizzell, also Representatives Richardson and Stuart R., concerning the practice of certified public accountants.
Representative Richardson.
Thank you, Madam Chair. I move Senate Bill 26-076.
To the bill.
Madam Chair, colleagues, let's begin by simply admitting the obvious. The discussion of the previous seven bills was really just an appetizer. Rep. Stewart and I are proud to bring you today's main course. What can I say about Senate Bill 26076? Other than 76 is a very patriotic number, but I know what some of you are thinking. it a bill about CPAs this guy from Albert he knows how to pack a room You know when you think of thrilling childhood games I mean, how many of us really fondly reflect on playing cowboys and CPAs? Bursting into your childhood friend's home, saying, I'll be the auditor, you be the sole proprietor, let's go play. Yeah. Probably none of you. Okay. So as unglamorous as the profession may seem, as we continue to regulate, CPAs are the people that are quietly keeping the wheels on. They help businesses make payroll. They help nonprofits stay accountable. They help families and taxpayers navigate complicated rules. And they help make sure the numbers actually add up, which in government and definitely as we see next week is an especially valuable tool. Colorado is facing a real shortage of CPAs, and this isn't just a problem with that profession. It actually could lead to a problem within our economy. When there are too few qualified professionals, the workload goes up, burnout occurs, the pipeline gets weaker, and this hurts small businesses, taxpayers, and communities across the state. So this bill addresses the shortage in a practical way. It doesn't lower standards. It keeps the uniform CPA exam. It keeps the board-approved ethics exam. It keeps meaningful work experience. What it changes is the idea that there must be only one rigid, one-size-fits-all path to certification. So I will turn this over to my co-prime to talk about those pathways. Thank you. I've been looking for a way to connect CPAs and smooth operators for you, Representative Richardson. Representative Stewart. I'll work on it while she talks. Representative Stewart. Thank you, Madam Chair. Senate Bill 76 expands the current restrictive pathway to become a CPA and opens it up to three different, more flexible pathways. First, the traditional route remains, a bachelor's degree, 30 additional credit hours, and a year of accounting-related work experience, but it also provides a second and third opportunity. A candidate can qualify with a bachelor's degree and two years of accounting-related work experience. This matters because it allows real-world professional experience to substitute for the extra 30 academic credit hours. For working adults, career changers, and people who cannot afford to spend more time and money chasing credits, this is a really meaningful reform. Third, a candidate can qualify with a master's degree and a year of work experience. The bill also updates the law to reflect modern higher education by focusing on degree completion rather than just rigid credit hour counting. The bill also helps students who are in dual degree programs sit for the CPA exam once they've earned their bachelor's degree and it improves our interstate compact for licensed CPAs from other states while preserving protections for Colorado consumers. This bill recognizes a basic truth. Competency matters more than forcing everyone through the exact same pathway and if someone can pass an exam the ethics requirements improve themselves through real work we ought to make room for that pass, and I would ask for an aye vote.
Is there any further discussion? Representative Richardson.
Yeah, I just wanted to add the CPA Association has worked very hard on this over the last many, many months. They came together. There's a lot of issues that they are facing. This is when they agreed was the number one that they needed to tackle and wanted to get after this year. So it really does provide a much broader pathway to get to being into that glamorous role as a CPA It pro It pro It reduces unnecessary barriers without compromising trust, rigor, or the public protections that are already in place. So I would absolutely urge a yes vote by everyone in this chamber.
Representative Gonzalez.
Thank you, Madam Chair. And I rise in support of this bill. And I do not come up here to say a lot that this is a good bill because we have some good bills here, not a lot of good bills. But I think when it comes to CPA specifically, I graduated from the School of Business from the Montfort School of Business in Greeley, the UNC, so go Bears. And I think I see a lot of the concerns of what this bill aims to address. I think we have a shortage of CPAs and I think that we should streamline the pathways and the process to make sure that we do have good CPAs and enough CPAs in the state of Colorado. You know right now the burdensome regulatory environment we face ourselves in today, whether it comes through getting a degree and licensing and certification in the process of like. We should be reminding ourselves when we pass policies like this of the goal that we want to do, which is to make sure that we incentivize people to practice in their work field of work here in Colorado. I spoke with my school of business specifically about this bill as well the Dean to bring it to his attention just to kind of get some feedback and the feedback that I got from them was great they appreciate the work that sponsors have done to get this bill to where it is now and I think we should all stand with our CPAs and even friends that I have who are CPAs I hear from some of them that the workload is is incredibly incredibly burdensome it can take a long time and I think we should stand with our CPAs to make sure we have more more CPAs in the field to make sure we have what we need, especially for businesses and bookkeeping and taxes and all the things of that. Accountants do play their role. And I can tell you from taking accounting, that's the job that I do not want to do. I did not want to do. I do not wish to do. But there are people who want to do that. And kudos, I commend them for that. Studying accounting, I know there's a lot that goes in it and the process to get certified and get the CPA. So I encourage and I vote on this bill. And I just want to come in and sponsor for the work to get the bill to where it is now.
Is there any further discussion? Representative Kelty.
Thank you, Madam Chair. And I actually said it on the committee in business for this bill when it came through. And I did like the fact that it had no fiscal note. And the fact that it expands the pathways. It actually puts less regulation on the requirements for having CPAs, which is another thing that I liked. And after going through everything and learning more about the world of CPA, I can tell you that they actually made the IT kids look like the cool kids in the room. But I stand in support of this bill, and hopefully it will get a yes vote all the way through. Thank you.
Is there any further discussion on Senate Bill 76? Seeing none, the question before is its passage. All those in favor, please say aye. All those opposed, please say no. Senate Bill 76 passes.
Mr. Schiebel, please read the title of Senate Bill 53. Senate Bill 53 by Senators Kirkmeyer and Mullica, also Representatives Clifford and Gonzalez, concerning the expansion of eligible borrowers for mortgages through the Colorado Housing and Finance Authority.
Representative Clifford. Thank you, Madam Chair. There is no committee report, and I move Senate Bill 50. I have a committee report. I have one for transportation, housing, and local government. There is.
Oh, I take it back to the committee report.
I move Senate Bill 53 and the committee report. To the committee report. Thank you.
We had an amendment in committee, apparently.
And I urge a yes vote on the committee report.
I'm sorry.
I don't remember what the amendment was.
Okay. Is there any discussion on the committee report?
Representative Gonzalez. Thank you. So all the amendment did was just a technical fix on some clarification of language. That's all the amendment did. So nothing major changed in the bill, just a little technical cleanup. And we ask an aye vote on the committee report.
Is there any further discussion on the committee report? Seeing none, the question before is its passage. All those in favor, please say aye. Aye. All those opposed, please say no. The committee report is passed. Mr. Sheebel, I'm sorry, Mr. Sheebel, forget that. Forget the bill. Let's go to the bill. Who would like to discuss the bill?
representative gonzalez thank you madam chair and i appreciate working on this bill with my co-prime on it ladies and gentlemen all this bill aims to do is provide more housing options for our first responders are people who work tirelessly for our communities and so working with chaffa again this i cannot stress this enough this does not cost the state any money this is rather creates a new program through chaffa to make sure that we provide zero down payment home assistance for first responders and my co-prime has a background in co-responders and first responders program and so I think it's important when we talk about affordable housing and options for the people who do so much for our communities it is important to at least reduce those barriers and I think we see time and time again some are just priced out of the income threshold so we aim to fix that there was some work done in the Senate to get it to the where we are now we have a little bit of work to do still but I encourage an I vote on this bill
representative Clifford thank you madam chair before we get to my comments on the bill, I move L-8 to Senate Bill 53 and ask that it be properly displayed. Hold on, please. Representative Clifford. Thank you, Madam Chair. We intended to include port of entry officers. We thought that they were part of the Colorado State Patrol, but they are defined in code separately, and we also did not include wildlife officers. We are just making sure that they're added as part of this bill and clearly defined. And we request an aye vote.
Is there any further discussion on L8? Seeing none, the question before us is the passage of L8. All those in favor say aye. Aye. Aye. All those opposed, no. The ayes have it. The amendment passes. To the bill, Representative Clifford.
Thank you, Madam Chair. What's important for me to note about this bill is this is just allowing an expansion of the CHFA, the state program, that allows mortgages. There has been some conversation, and I read something online the other day about something about why are we not doing this for everyone. We have found that there are programs that are similar to this for almost other noble professions, teachers, et cetera, et cetera, et cetera. This is an area where, you know, say, for instance, in the mountain towns and some of the places that have gotten very expensive, it is quite difficult for us to be able to allow housing affordability for people that work in professions such as a police officer, a wildlife officer, et cetera. We know exactly what those folks make. We want to make sure that housing is attainable for them in areas that we want them to live Keep in mind that you know say for instance somebody from the Colorado State Patrol while they in the academy they have the opportunity to list a couple of areas that they would like to work, and at some point in time they're basically told, this is where you're going to go. We would like for people to set roots in the communities that they're in, not necessarily that they couldn't move around later if they'd like, but if they get someplace and they'd like it, and they want to buy a house and own a home, we think that that should be attainable for them, and this makes sure that through our mortgage, you know, state-sponsored mortgage applications that they have the opportunity to do that and that they're supported in that. We certainly have no other opposition to having other entities come and look at this at some point in time, but this was something that became a priority for us, and I request an aye vote. Thank you.
Representative Gonzalez?
No.
Okay, any further discussion on Senate Bill 53? Representative DeGraff.
Thank you, Madam Chair. I mean, once again, we're doing all this hoop jumping. We're not making the cost of housing less unaffordable. We're carving out, we're doing all this sort of stuff. So I'm kind of thinking maybe explore something like where we can do instead of all this hoop jumping through and special qualification is maybe we just take these different classifications of individuals, law first responder, medical from these housing, and then just make a waiver for the property tax that would be paid so that we just give them a waiver on the property tax if they're going to be favored in that way. So I do realize that it's not really part of this bill, but it would be an easier way, and it seems like that would be something that's more in line with what the role of us would be to remove something that we've imposed on them instead of carving out all of this special stuff and imposing more duties on other people. So just kind of a broader conversation maybe and not so much on this bill. But I think if we're going to make housing less unaffordable, then we need to start dealing with the stuff that we can deal with in this instead of all these extra side bills and twists in the law that make it more complicated.
Representative Clifford. Thank you, Madam Chair. Representative, I think that that idea could be something that has legs. I'd like to see us take additional measures to make housing more affordable, especially for people that we're asking to come work in an area and stay. You know, sometimes you have good ideas. The one thing that I will say about this is you first have to be able to buy a house in order to pay the property taxes, and in order to buy a house, you have to get a mortgage. Today, we're trying to make mortgages accessible, and that's what this bill does, is makes mortgages accessible to those people.
Representative Gonzalez. Thank you, Madam Chair. I will also say this is also working with a partnership with CHAFA, and so CHAFA has time and time again helped provide, I think, over 2.1 billion in mortgage loans and down payment assistance to support more than 5,400 Colorado homebuyers as of February of this year. And they are servicing 12.9 billion loan portfolio over 44, almost 45,000 first lien home loans. And I would also just like to say, while I understand where my colleague from El Paso is coming from, I think we should also understand that when we continue to defund our law enforcement or first responders, I think at a time when we should be funding them more, they are not being able to have access to homes and to mortgages, to down payments and so this aims to bring down those barriers I think that that's something while I like the ideas that my colleague El Paso that something we can revisit in the future I know that possible likely just right now the circumstances this is a good step in the right direction This is step one and we don want to disparage our first responders We did also have a program passed I think last year for our teachers and so I think we're looking at ways to help the people in need to bring them to be homeowners, which is what they want. I think everybody in Colorado wants to be homeowners, but we should not leave our first responders out of that equation.
Is there any further discussion on Senate Bill 53? Seeing none, the question before us, is the passage of Senate Bill 53. All those in favor say aye. Aye. All those opposed, no. The ayes have it. The bill passes.
Mr. Schiebel, please read the title of Senate Bill 31. Senate Bill 31 by Senators Linstead and Rich, also Representatives Camacho and Soper, concerning the lawful use of a prescription drug product containing a Schedule I controlled substance.
Representative Camacho. Thank you, Madam Chair. I move Senate Bill 31 and the committee report. To the committee report. In the committee report, we introduced two amendments, one to make sure there's no ambiguity between what we were trying to accomplish in this bill and the laws on marijuana that are enshrined in our Constitution. We also had an amendment that allowed a medical practitioner, not a medical physician also, administer the drugs contemplated by this bill. And we asked for an aye vote.
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. Aye. All those opposed, no. The ayes have it. The bill, the committee report passes.
To the bill, Representative Soper. Thank you, Madam Chair. It's the only person who voted for the committee report. That's not true. I feel like I should go first. I said yes. This is a great bill. Let me describe the problem, and I'll let my co-prime walk you through the nuance. So right now, if the Food and Drug Administration, FDA, and the Drug Enforcement Agency through the U.S. Attorney General's Office are to find that a Schedule I drug has a pharmaceutical benefit under the way our laws are currently structured in Colorado, those pharmaceutical companies, the manufacturers, would have to go state by state, and we would have to pass a bill on each and every pharmaceutical. And what we're doing is streamlining the process, finding efficiencies in terms of once it's been approved by all of those federal entities, then a provider can administer the drug or the pharmaceutical. Representative Camacho.
Thank you, Madam Chair. And just picking up on the comments of my co-sponsor here, this does not change any law in Colorado until there's federal action. One, it has to be FDA approved as medically beneficial, and then two, any drug contemplated by this bill would have to be descheduled by the DEA. So those are two requirements. At its core, what we are trying to do is, especially in the mental health space, there are so many Coloradans in our community and across the state that could benefit from some transformational therapies that are coming online, and what this bill does is streamlines their access to those if it is medically necessary necessary and administered in an inpatient setting by a professional. So for that, we ask for an aye vote.
Is there any further discussion on Senate Bill 31? Seeing none, the question before us is a passage of Senate Bill 31. All those in favor say aye. All those opposed, no. The ayes have it. The bill passes.
Mr Schiebel please read the title of Senate Bill 87 Senate Bill 87 by Senators Wallace and Pelton B also Representatives Winn and Lindsay concerning authorizing legislative leave from employment during a legislative session for certain members of the General Assembly.
Representative Lindsay. Thank you, Madam Chair. Let's see, Senate Bill 87. Oh, I move this bill. I move Senate Bill 87. To the bill. Thank you, Madam Chair. What this bill does is provides unpaid leave from outside employment for members of the Colorado General Assembly while they are serving in regular or special legislative sessions. Members will be allowed to return to the same position and salary level at their outside employment upon completion of the session. Why is this bill important? A representative democracy works best when the people making decisions reflect the full range of experiences, backgrounds, and economic realities of the communities they serve. The General Assembly should include working-class residents, caregivers, public service employees, small business owners, and people in hourly or non-traditional jobs, not just those who can afford to serve. Legislative compensation alone does not provide a livable income for many residents of this state. As a result, talented and qualified individuals from a wide array of backgrounds are often effectively prevented from serving in office simply because they cannot afford to step away from their primary employment. This law would help those individuals keep both roles, allowing them to serve while maintaining a living wage. This law would only apply to 100 current members of the General Assembly who are legally mandated to be, because of our boundaries, from a diverse array of geographic areas, and leave will only take place during legislative sessions. Therefore, the burden on any one employer anywhere in Colorado would be very minimal. While the ask of employers is low, the impact for folks across our state is profound. allowing members of the General Assembly to maintain outside non-legislative employment is essential to making public service accessible. Protecting the ability to hold outside employment reduces financial barriers, broadens participation in public service, and ensures that legislative service is a realistic option for people from diverse economic, social, and cultural backgrounds. And with that, we ask for an aye vote. Representative Bottoms. So I was in committee. Thank you, Chair. And I listened to this for a long time, and I understand the premise, that you have a job, you get elected, take the four months off, and you can be guaranteed of that job when you get back. but there's a lot of problems that come along with this. I've hired a lot of people over the years and specifically within my ministry context to hire somebody and then train them into what that job means usually takes about a year plus for them to really get into the understanding the culture and everything else. I understand that may not be the same in in all jobs but I would argue that every job has a coming online period, a training period, and you have to spend money, time, and energy to accomplish that. Also, the bill specifically says that there will be no extra benefits granted to to this person, but just what is already the normal benefits. And so if you've got a job that has health care as part of the pay package, then that becomes what you're having to provide for the next person that comes along. So you have to train somebody, spend a lot of time and energy and money training them, and then you give them all the benefits. and it doesn't specifically take away the benefits for the person that is on this leave of absence. So theoretically, you're paying two layers of benefits for this individual to actually leave the job. Then you have multiple things that theoretically, and the argument of the sponsor very strongly in committee was that this is a year-round job. That was probably said 15 times. This is a year-round job. And then you have all kinds of things like special committees and all this other stuff. So according to that, you're saying give me four months, 120 days of leave of absence, although you may have to do it again later, again later, and again later, unless we intentionally take away the interim committees or anything else that would be applied to this. So now you're paying another person to come on board. You're training that person. You're giving them benefits. You're giving the original person benefits. And this will collapse some businesses. Some businesses can't do that. And then on the end of it, you get finished with session, and now this person comes back and says, I have a leave of absence, which means I am guaranteed to immediately be rehired within this job. and so what about the person that you just took all this time and energy training and paying and benefits and everything they work for 120 days and you say hey great job now you're gone because we've had a space that is provided by this leave of absence for somebody to come in back into this space even though the company or whoever it is now this may not hurt corporations but i'm not necessarily representing in this building because I am all about the corporations. To me, this is mom and pop shops, businesses. This is local businesses that literally they could be destroyed by this bill. They could be put out of business by this bill. How are they supposed to be able to hire all these people, train all these people, and then fire them again or lay them off or whatever term you want to use. And so then what if you lay them off? Now you have the extra money that comes along with having to pay them unemployment or anything else. And so all of this put together, this could really take out some businesses. And I know the argument again in committee was, well, this is just a handful of businesses. And we want to make sure that we're allowing everybody to do this. Guys, everything in life is about a choice. The argument is, well, we're financially sacrificing to come do this job. Okay, some people are in this room. Some people are not financially sacrificing. We don't legislate for that because there's a lot of other sacrifices that come along. We talked about this in committee. How many people in this room have little children? I think it was seven. Well, now that's a sacrifice. So do we make another carve just for this room not for businesses not for small businesses but we make a carve out that is intentionally designed to only prop up people in this room I definitely not okay with this. We all have to sacrifice when we come to a situation in life, this one or anything else. You've got to make your decision. If I'm going to make this choice, then I can't do this. I just I just had a guy in my church graduate from the police academy. Well, he's guaranteed he's not going to be a millionaire. But he's doing something noble. He's doing something. So he made a choice, although he knows financially this is going to affect him, and he already had a successful business that he had to quit to do this. And so it's choices. Every time we make decisions in life and deciding to get elected into this building demands choice. It may not be financial, but it is going to be something that we're going to have to give up, give away, sacrifice to something, time, energy, other kind of resources that we have to do. And so I don't understand carving this out, this small carve out on the backs of business, that this is going to hurt business. It can't not. And so I'm strongly against this bill. I understand the plight. I understand the heart behind it. I'm not misguided on that. But you made a choice. You make a choice every day. And these choices, then you live with the choices. And what does that mean? Some of the sacrifices I've made to come to this building cannot be quantified, definitely, and oftentimes can't even be qualified. But it doesn't mean they're not real. So how do we make bills? We'd almost have to make a bill for every single individual in this room. This is where I'm sacrificing, so back that up or drop into that subject with some kind of something, resource, material, good, whatever. Counseling, I think that should be legitimate conversation. Maybe some of our sacrifice in here demands we need pay for counseling. There's all kinds of things. This is not a healthy bill for this room. It is not a healthy bill for businesses, not a healthy bill for the state of Colorado. And just quite honestly, it really makes this room look bad if we pass this. It makes this room look really bad. So I strongly urge a no vote on this bill. Representative Wynn. Thank you, Madam Chair. It is an honor to serve with you. Honor to serve with you. So I was interested in this bill because my story is one that is not the same as most politicians. I was appointed. Within 40 hours of being appointed through a vacancy process, I had to quit my state job, I had to resign from city council, and I had to serve to work as a state lawmaker. And this bill allows for unpaid leave for only members of this body and the Senate. That is 100 folks, senators and representatives. And so the idea is that this is going to be bridging a gap, a gap of folks who are not able to serve in public office. That really is it. Because right now the average elected official in this body is over the age of 50 The average person in this body is professionally someone who a lawyer someone who works in real estate someone who not working class in my humble opinion And that is why we brought this up, because we're trying to allow opportunities for working class Americans to serve in the public office. That is it. This is going to be allowing for only our select few lawmakers of approximately 100 people. And this is a chance to grow people of color, young people, and folks an opportunity to serve. And I want to emphasize this. There are many folks who get leave. Military members get leave. If you're a parent, you get leave if you're a new parent. if you are a jury member, you get leave for jury duty. All we're asking here is that if you're a state lawmaker, you get an opportunity to potentially go back to your old job. Because again, it is an unpaid leave. So I firmly vote yes on this. Thank you so much.
Thank you. Representative Soper.
Thank you, Madam Chair. Members, I just wanted to come down here and express why I'm not in favor of this bill. But I do appreciate what was just said by my good colleague. Running for the legislature is a sacrifice. I can tell you this is the only job I've had where I spend more money than I make in the job. It's not fair. It's the structure that we've chosen. Every single one of us in this room lives a myth. And that myth is that we're a truly citizen legislature and that you go back to your job in the off session and you never think about public service or engaging constituents or lawmaking until the next January. that's a myth because every single one of us in this room goes back to your district you're on the phone talking to constituents you're meeting in person with constituents you're answering emails you're attending community events because that's what your community demands of you we may have a special session so you're back over here it is a full-time job serving in the legislature. And I would say one of the biggest crimes is that we have not recognized the sacrifice of members enough to actually pay a professional salary that reflects that. I know I have shared with some of you that in an ideal world, I would have what a member of Congress makes and what a member of the Colorado General Assembly make be pegged to the same number. And that's because we're a dual sovereign. This bill takes a different approach in that it treats a member of the General Assembly more like the National Guard or on jury duty. That's a completely different approach. And quite frankly, it's a scary approach. Because for most of us, you're either retired, your spouse pays the bills, or you're a sole practitioner or a partner. So something where you're not actually employed by someone else to be able to do this job The problem I see here is an ethical problem that being set up In that if you have a company that employing a member of the General Assembly there then raises some interesting questions under Amendment 41 as to whether or not you're actually doing that job for your skill, your talent, your educational background, or are you being employed merely because you're a member of the General Assembly? And diving into that analysis, I mean, the devil's in the detail. Are you making this paycheck based on your credentials and your acumen or is it that you're really an in-house lobbyist for that particular business? And that's why it's incredibly important that we move away from members working for corporate entities, because that just puts a bit of light onto whether or not you fall under Amendment 41 and your whole employment is biased, or whether it is a true, legit job and helping you make ends meet. So for those reasons, this bill puts more pressure on a company employing a member of the General Assembly, giving them a full time out while they're in session and coming back. The optics of that are not good. We should instead reject this bill, come back with a different idea, which raises the income level for all members so that Coloradans from every walk of life can be able to serve. Because I think that's the impetus behind this. I don't think the impetus is that we want to have a different approach. I think it's that we want to have a person from every walk of life be able to serve within this chamber. And that's a different conversation, a tough one, and one that takes engagement to lift the salary level. Thank you.
Representative Lindsay.
Thank you, Madam Chair. What I'm happy to say is that actually my colleague here, we agree on a lot. We are living in a myth of what this job is, whether it's part-time or citizen legislature, because I think after being in this work, we all realize we don't get to dip out of here mid-May and not think about it until we come back. There is constant work that is happening. And so for us, we kind of need to figure out, are we one or the other? And until we do that and change our constitution or whatever, we're trying to find solutions so that working class folks can serve in the legislature. I do agree. We should be paid more being that it is full-time, but being that it is not full-time, people need to live. You did list in there that members sometimes are able to make this work because they're retired. they have a spouse or a sole practitioner. And that is very true. And that's part of the problem of, for instance, if I wasn't married to my husband, Kevin, I could not have this job. Or if I'm not in a business or a sole practitioner, I couldn't have this job. Or, you know, we don't want only retired folks serving in the legislature. I think we want a good smattering of people of all different backgrounds and that's what this is attempting to solve for is to make it so that people can serve and really don't have to make I mean this job is a sacrifice and I think we all know that and we go into it knowing it I think that a lot of other people also know the sacrifice of this job financial or whatever and they take themselves out of the running They don't even run, and that's not great. We want people to not be counting themselves out as state reps or senators before they even run, even though they'd like to, because they know they can't afford it. That is the opposite of what we'd like, and so thank you for that. I actually find we're in far more agreement than not, but thank you.
Representative Bradley.
Thank you, Madam Chair. You're being a hog. I rise in opposition to this bill, and I rose in opposition to this bill in committee as well. I mean, I appreciate the bill sponsors for bringing it forward. We had a very robust conversation in committee. You know, when we talk about you only had two days to run because you were filling a vacancy, well, you had two days to not run, too. You had two days to budget to run for office. You had two days to say, you know what, I don't know that my household can afford this right now, and maybe I'm not going to run right at this minute. Maybe I need to take a step back and kind of look over my finances and make a decision like I feel like we all did. So I'm not really for vacancies either because I feel like the people should be able to elect you, but that's neither here nor there. In my physical therapy clinic, we have three physical therapists. so when I leave and I just ask them I'm like hey I'm going to do this crazy thing most of you won't do and they're like yeah that's crazy borderline stupid I'm going to run for office do you think that you can keep my job open when I get back and they're like I'm sure with all of our clinics that maybe we can find a place for you but to require that I know we're not requiring that they pay me but you're not helping health care places for nurses and OTs and PTs. They have to budget on their staffing requirements and their patient need. So if I leave until May and they have to hire another PT to replace me, and then I come back May 15th and say, hey, Brandy's back, let's go, but they've already hired someone to replace me, now they have someone that's replaced me for four and a half months and then they have to bring me back in to treat patients and I don't think that that's fair to the company to say that I don't think it's fair for teachers in schools who are struggling with substitute I certainly listen I love teachers my sister is a teacher my mom's a teacher I don't want my kids to be taught by a substitute for four months. I don't. I'm sorry, substitute teachers. I have a friend that's one. You're great. But I don't want my kid to be taught by a substitute teacher for four months. I don't. I don't think that's fair to the schools. I don't think that's fair to the kids. I don't think it's fair to train health care professionals and teachers and then ask your employers to let you leave for four months and then hold the job open for you for when you come back. And I think this is a 21C problem, too. I don't even know that any of us in here should be voting on this. I think it's unethical. I think the good representative from Delta brought this up. I find it to be the nanny state all over again. Like, oh, we're going to let you run. We're going to let you run for office. You choose to do that. But by gosh we going to make your employers hold your job for you because you chose to run for office So now your employers oh we going to make them nanny you coddle you hold you like a little baby I mean, it's just silly. What do we keep doing to the businesses? It was the sixth most regulated state. You chose to run for office. You choose to step up to the plate. Guess what? We don't go out to dinner as much. We don't go get a Starbucks. We budget. so that I can work with all of you lovely people that are listening so intently to me right now. It's a great job. Sometimes I ask myself, why do I run for re-election? So I move Amendment L-005 to this wonderful bill and ask for it to be displayed. Oh, I thought he gave them to you.
The committee will stand in a brief recess. Order. The committee will not come back to order. Come back to order. That amendment has been properly displayed. Representative Bradley.
Thank you. I know it says Richardson. I am not Rep. Richardson. I'm Rep. Bradley. All kinds of problems with this amendment. So it says, notwithstanding subsections 3 and 5 of this section, an outside employer may choose to opt out from providing legislative lead to a qualified member. I know the bill's sponsors are already going to say that they don't have to. A qualified member's outside employer's discretion to grant legislative leave as paid, unpaid, or partially paid. They cannot terminate. this is a little bit different i just want to make sure that an employer can choose to opt out from providing the legislative lead that way we're all on the same page if my employer says listen brandy we can't bring another ptn right now we we cannot do that and then make sure you have your job when you get back we don't have the patient to staff the patients to staff we we cannot do this right now in this budget crisis the state of Colorado is in. I'm pretty sure I heard that health care providers are about to get cut again. So in this fiscal impact, let's make sure that they can opt out so then I can decide and they don't have to nanny me. They can say, listen, you have two choices like I do with my kids You can either run for office and possibly lose your job or you can not run for office and keep your job because that what good parenting does Instead of letting the government decide we going to let the small businesses that employ Brandy give me the choice so that Brandy as an adult can make that decision for herself. Great amendment. Let's stop nannying the employers and let's say yes.
Representative Johnson.
Thank you, Madam Chair. I also support this amendment because we have a lot of jobs that don't take account having five months off. All of the jobs I've had the honor of holding would not be able to sustain allowing me to leave or it wouldn't be legal. My last job before this one was I was a legislative aide. In the handbook, it says legislative aides cannot pursue or run for contested races. So would this bill itself overdo what we're saying here in the handbook? because I legally could not be an aide while I was running for office, and I legally cannot be an aide while I'm here in this building as a member. Other jobs I've had, EMS, while I was volunteer, they have a limited budget. So if they have to hold a seat for four to five months, and then for special session, if we ever have those, they are short-staffed because if they go and fill it and this bill comes into law, then they'd have to fire the person because they don't have the budget. I was also a congressional aide. I could legally not be a legislator in the state while being a congressional aide. Do we bypass those rules? I was a bank teller. They only had three bank tellers at the small bank I was at. Does that mean we hire someone temporarily and then we have to make sure that we fire them because I'm coming back? This allows that opt-in. I was a farmhand. I AI'd cattle. I went and took care of animals. Because of this, they need those people in the times they need them. When you calve out in winter, that's session time. How can you say you're not allowed to fill that position? This is common sense. There are so many jobs that cannot handle or legally are not allowed to hold this because we're here. So this is a good amendment that takes into account, and I'd urge a yes vote.
Representative DeGraff.
Thank you, Madam Chair. I agree. You know, I think this bill does have, you know, a lot of merit. There really is no protections, and I think it's a discussion that we need to have. So I do appreciate the bill coming forward in that regard. There is the side where this is somewhat, it's a civic duty. It's sort of like jury duty. It's also like the military. The military is also voluntary. The military doesn't act on, typically isn't going to deploy. If they are deployed, it's a very extraordinary circumstance. And usually it's for a limited period of time. So I think it's a great discussion that we need to have, and maybe we also need to have the discussion because we always have to start first at what we can do in this body, right? What we can do as legislators in this body. And I think one of the things that we should probably look at is how much time we're demanding. You know, maybe a better shot with this would be to shoot for something like having a session that's 60 days. We're not precluded from having a session that's 60 days. That would make it easier on our businesses. That would make it easier on employment. The only thing that it says is we have to have this wrapped up within 120 days before we have our extraordinary session in August, right? Because we're always going to have those because I think it's just going to be perpetual now. But we have, you know, we can deal with this. We would have, I think, a lot better legislation. we would have if we limited this to that. And we say well if we have to go for longer but shoot for 60 days make it easier on the employers make it easier on everybody in here and make it easier on the citizens of Colorado because as Mark Twain said nobody liberty or property is safe while the legislature is in session and that is certainly the case here So, but we can, if this is a concern, we can make that, we can address that, we can help the citizens of Colorado, we can lower the cost of the General Assembly, we can protect the jobs by doing something simple in here, which would just be reducing the number of bills to two. just go to two instead and then you can work on that then we can work on the needs of the citizens of Colorado instead of making it a cram session every single year so I don't think this General Assembly is really serious about the citizens of Colorado representing and protecting them it's doing more and more to them but that would be something that is in the purview of the legislation itself, the legislature itself, and instead of imposing more restrictions. We solve problems in here by taking the problems that are created by the legislature, in this case five bills, and then we impose it on the citizens of Colorado and expect them to foot the bill, and I think that's wrong.
Representative Soper.
Thank you, Madam Chair. Sorry, it took me a minute to get back up here. My seat was lost. Members, I did want to come down here and talk about why I support this amendment. One thing that was said earlier for why we need to have this amendment is there's a separation of powers doctrine, meaning we have three branches of government, the judicial, the legislative, and the executive. And if someone is working for, for example, the judicial branch of government, and then they're elected to the legislative branch of government, you can't, under the separation of powers doctrine, keep that judicial job. So even if you happen to be a clerk for a judge and then you're elected to the General Assembly, or let's say you are a judge yourself and are elected to the General Assembly, under the separation of branches, separation of powers, you can't keep both of those. So even if for 120 days or four months your job is preserved and you can come back to it under the bill, let's say it becomes law in this future world that we're talking about. We've just set up a scenario where that creates a showdown with the Constitution. And I'm not saying that we would have someone who works for another branch, like the judicial or executive, but if we did, they're going to try to hang their hat on this legislation, but then there's going to be constitutional challenges out there as well. And so it's for those reasons that we need to have some mechanism into the statute to be able to rectify those constitutional issues of the separation of branches doctrine in order to be able to address the scenario where someone wants to keep their job in the executive or judicial branch but also serve in the General Assembly. And for that, I would ask for a yes vote.
Representative Johnson.
Thank you, Madam Chair. Again, coming up to say I support the amendment, but I also have a question because this amendment adds legal protections on the bill. Because without this amendment, my question to the sponsors would be, what happens if we have legal? Like in this building, I was an aide, I had to leave. If this bill passed without this amendment or another amendment that can protect it, does this bill trump what we say at the legislative body that aides cannot hold elected offices that are contested? Or if I was a congressional aide and decided to be alleged because federally congressional aides cannot be elected officials, does this law say it's trumping over that? So for these specific jobs that say you cannot hold an appointed office that's contested, And I say contested because school boards run without party affiliations. So those are excluded. We've had people in the past, both congressional and aides in the building, that could do that. But for contested races that you're registering as R, I, D, whatever party, because we have those in statute both federally and here, my question is, if without this amendment, because this amendment offers that protection legally, without this amendment, are we faced that we're saying that this bill surpasses what we already have in rules specifically here in the state? Would I be able to go back as an aide?
Representative Nguyen.
Thank you, Madam Chair. This bill actually does cover the nonpartisan piece of it, so this would apply to nonpartisan folks. So in theory, becoming a lawmaker, that would apply to you essentially. So to answer your question, if I was to be appointed, and again, from my perspective, I had to resign from city council, which is a nonpartisan role. And I also had to leave my state job because there is that conflict of interest because state employees are, yes, employees of the state, but I worked for DOR, Department of Revenue, which is under the auspice of the governor. I could not keep my job because I would be, unfortunately, you know, conflict of interest with the state powers. The governor's office.
Representative Wynn, we're on Amendment L5.
My apologies. Thank you, Madam Chair. To answer the question about this amendment here, I believe that allowing employers to choose to opt out would basically de-ecentivize potential folks who want to serve in public office. And that would be against the spirit of the bill. So I urge for her no vote. Thank you.
The question before us is Amendment L5 to... Did someone? Okay. One moment. Thank you. Yes, we're going to put ourselves in a brief recess. We will come back to order The question before us is the adoption of Amendment L to Senate Bill 87 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 L-5, please stand and remain standing in one place, or raise your hand and keep it raised until the count is taken. Thank you. Thank you. Please be seated. All those in favor, please stand and remain standing in one place. You're correct. Okay, I'm a little rusty. All those opposed, please stand and remain standing in one place or raise your hand and keep it raised until the count is taken. Thank you. Thank you. huh? So it's a simple majority, yeah? So then I have it, yeah. You may be seated. The amendment is passed. Woohoo! Yeah! So the bill. All right. Representative Flannell.
Thank you Madam Chair I come from a family of a long line a family of entrepreneurs and I know how badly this can impact a business of any size unless you work I say like an entry position but keeping a job open for four months just isn ideal We must remember that the job is a public service. It's not meant to be easy, and it's a sacrifice, and we are here to serve our constituents, not ourselves. Our job is to make Colorado better for businesses, not harder. I have one suggestion. Legislators should stay within their five-bill limit. Then legislators might be able to do both. Some of you are running almost 30 bills, which is unfair for the state. We're not able to give proper attention to bills, and we're doing our constituents a disservice, but it also might free up some time so that you guys are able to work your second job as well. Or perhaps, as my colleague from El Paso County suggested, maybe we limit the legislative session. Wyoming, for example, has a session of 20 to 40 days, Utah 45 days, Idaho 70 to 90 days, New Mexico 30 days, even years, 60 days, odd years, Montana 90 days every two years, and Nevada 120 days every two years. For this, I urge a no vote on the bill, and I ask everyone to remind themselves that you guys are a public servant and that there is some sacrifice that has to be made when taking this position.
Representative Kelty.
Thank you, Madam Chair. And speaking to this bill, you know, as one of the legislators here that actually had to go through this process herself, you know, when I decided to run for office, I went to my employer, and I had a discussion with them on whether I was even able to be able to run. It is a sacrifice on both the employer's side and my side. You know, it was a huge hit financially to me. But I knew the sacrifice I was making. It was a time suck to me, which I knew the sacrifice I was making. But to force the sacrifice on businesses in Colorado, especially our small businesses, is really unfair. This is a private decision that should be handled between the employer and the employee. It shouldn't be something that is mandated, forced. Many employers in Colorado, they can't afford to hardly stay open as it is, let alone have to take on yet another burden. And to think of the ego it takes for someone to say, I'm the only one that could ever run for this position, and they're the superstar, and they're the only ones that can get the job done. No. No. If you don't run, someone else will. You'll be all right. Everything will be fine. Put your ego aside. To run for office is a great responsibility. And if you go into it thinking that it's not, then you'd be wrong. It's a thankless job that I can guarantee you that. I don think most of the public even understands This isn just a 40 job It 50 60 70 job plus your other job It's like having a second job, like so many other people in Colorado have to have to be able to get by. But again, putting a mandate on companies that they must and have to comply is wrong. I went to my employer, and I am so appreciative and gracious to them, and my loyalty to them will never be questioned because they gave me the opportunity to do something that I wanted, that they saw that meant so much to me, and they were able to. That's the key. They were able to do that. Do that for me. They could do it for my district, and they could help do it for Colorado. But to mandate it on them is wrong. Ask for permission, and they'll let you know. If they can't handle it, they can. If they can't, they can't. But, again, this is a private decision between you, the employer, and the employee. whether they can or cannot run, and there could also be a conflict of interest. So I do firmly believe that anything that we do through here, through under this dome, should have zero conflict of interest, whether your job is federal, civilian, or anything in between. I've had to recuse myself from one of the bills that came through here last year because it was a conflict of interest. I knew that, and so I recused myself. I can tell you right now there's a lot of bills that go through here that I think a lot of the other representatives should probably recuse themselves because it is a huge conflict of interest, but they don't. So I think it's very hypocritical. Again, I'm against this bill because I believe that this is up to the employer and the employee. We're adults. We should make our own adult decisions. If you can run, you can. If you can't, you can't. Thank you.
The question before us, is there any further debate on Senate Bill 87? Seeing none, the question before us is the passage of Senate Bill 87 as amended. All those in favor say aye. All those opposed, no. The ayes have it. The bill passes. Madam Majority Leader.
Thank you, Madam Chair. I move the committee rise and report.
You heard the motion. The committee will rise and report. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. The House will come back to order. Mr. Schiebel, please read the report of the Committee of the Whole.
Madam Speaker, your Committee of the Whole begs leave to report. It has under consideration the following attached bills, being the second reading thereof, and makes the following recommendations are on. House Bill 1,300 is amended, 1,313 is amended, 1,318 is amended, 1,330 is amended. Pass on second reading order and gross in place on the calendar for third reading final passage. Senate Bill 1,14 is amended, 2,531 is amended, 4753 is amended. 76 and 87 as amended. Pass on second reading. Order revised and placed on the calendar for third reading and final passage.
Representative Froelich. Members, the motion before us is the adoption of the report of the Committee of the Whole. Mr. Schiebel, please open the machine and members proceed to vote.
Zokai is excused. please close the machine with 39 I 20 no and 6 excused the report is adopted Mr. Schiebel please read the printing report the chief clerk reports the following bills printing report will be printed in the journal message from the senate message from the senate will be printed in the journal message from the revisor We hear with Transmitted.com. 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 buried in the journal.
Madam Majority Leader.
Thank you, Madam Speaker. I move to proceed out of order for the immediate consideration of Senate amendments to House bills Seeing no objection we will proceed out of order for the immediate consideration of Senate amendments to House bills Madam Majority Leader Madam Speaker I move to suspend the rules for the immediate consideration of Senate amendments to House Bill 1339
Members, the motion to suspend the rules for the immediate consideration of Senate amendments to House Bill 1339 does require a two-thirds vote. Mr. Schiebel, the motion before us is the adoption is to suspend the rules for the immediate consideration of House Bill 1339. Mr. Schiebel, please open the machine and members proceed to vote.
Please close the machine.
Okay, I have something to do.
With 53 ayes, 6 noes, 6 excused, the motion is adopted. Mr. Schiebel, please read the title to House Bill 1339. House Bill 1339 by Representatives Duran and Garcia, also Senators Danielson and Cutter, concerning a change in the name of the voluntary legal holiday observed on March 31st from Cesar Chavez Day to Farm Workers Day.
Madam Majority Leader.
Thank you, Madam Speaker. I move that the House concur with Senate amendments to House Bill 1339.
Please proceed.
Thank you, Madam Speaker. So, members, let me be clear. This is not the bill I fought for, and it is not what our communities ask for. A two-year sunset puts an expiration date on dignity. It tells farm workers and survivors that their truth comes with a timeline. That's not justice. That is compromise. But here is the reality. Walking away does not move them forward, and I will not walk away from them. I carry the voices of people who have been overlooked, dismissed, and told to wait their turn. They are done waiting, and frankly, so am I. I am concurring today with clear eyes, not because I agree with this amendment, not because I am satisfied, but because I'm not finished. This is not the end. This is the line in the sand. to our farm workers and to every survivor who trusted us enough to speak and hear. I see you, I believe you, and I will not let this body forget you. We will be back, and next time we will not put a timeline on your worth.
Representative Garcia.
Thank you, Madam Speaker. Members, we stand before you revisiting 1339 because in the Senate, they adopted an amendment that limits this change to two years. At first, they argued for a single year. We fought hard against that, bringing to light that this would make no difference as printed calendars would continue to have his name. They came back offering a two-year change. As sponsors, we reluctantly agreed to two years for the sake of getting this bill through in time so that we could all collectively celebrate the history of the farm worker movement and honor the women and girls who are victims and survivors of sexual assault, rape, and abuse at the hands of a movement leader. I want you all to know that this is concerning in many ways. One, there is an idea that we will be able to come back after an undefined community engagement process for input in an undefined decision-making process and permanently fix this holiday next year. If we don't, the holiday will revert back to an abuser's holiday. There are promises that community engagement will happen in local communities all across the state, and I believe that and I support that. But how will that bring us to a consensus as a state? How will we know what to call this holiday if one bridge is named one thing, one park another, and one highway another? Does a change to a holiday without a time limit eliminate ongoing community engagement and input? No, never. We pass law every year, and do we never revisit? Yes, we revisit every year. Why? Because of community input. So was this two-year limit necessary? No, it's not. Colleagues, I want to thank each and every one of you in this chamber for recognizing the gravity of this issue. the urgency of this change, and why the permanent change to Farm Workers Day is necessary. However, our Senate colleagues believed differently. We often come to the well to highlight how a bill can only get better when it goes through the ringer more, however you say that, thank you, of both chambers, but that is not the case today. I want to pivot a little bit and talk about allyship. I'm addressing this point specifically today because a lot of the debate from the Senate side has been centered on why allies are on the bill in the Senate and not other members of the Latino caucus. We have all heard the phrase, nothing about us without us. This phrase was coined in the disability rights movement. And believe me, I wholeheartedly agree. And I also welcome and embrace the space where allies can help us. This bill comes to you from Latina descendants of farmworkers and allies. Our allies in the Senate did what allies should always do, listen to those directly impacted, work to find a resolution and follow their lead. And I want to thank them for their commitment to honoring tomorrow and the year after as Farmworkers Day. When we can't do it ourselves, we have to rely on allies. Dolores Huerta herself says this should have been Farm Workers' Day. She supports our efforts to make this Farm Workers' Day. Thank you, members, for ensuring that we are not honoring a predator, but we are honoring farm workers and the victims and survivors of heinous atrocities. Thank you.
Seeing no further discussion the motion before us is to concur with Senate amendments to House Bill 1339 Mr Schiebel please open the machine and members proceed to vote
Please close the machine. With 47, I, 12, no, and 6 excused, the motion to concur is adopted.
Madam Majority Leader.
Madam Speaker, I move for the repassage of House Bill 1339 as amended. The motion before us is the repassage of House Bill
1339 as amended. Mr. Schiebel, please open the machine and members proceed to vote.
Please close the machine. With 59 ayes, 0 no, and 6 excused, House Bill 1339 is repassed as amended.
Co-sponsors.
Please close the machine.
Announcements and introductions. I have a couple of announcements. Representative Wilford will replace Representative Jackson on House Transportation, Housing, and Local Government for today only. Oh, for tomorrow only. Forgive me. And Assistant Majority Leader Bacon will replace Representative Zokai on House Finance for today only. Representative Woodrow.
Thank you, Madam Speaker. It's an honor to serve with you.
It is an honor to serve with you. All right, folks.
House Finance Committee will be meeting at 340. That's 340 in room 112 to hear two bills. We're going to go out of order. We're going to hear 1327 followed by 1230. That is 340 in room 112, reverse order, 1327 first. Thanks.
Representative Wilford.
Thank you, Madam Speaker. It an honor to serve with you It is an honor to serve with you Members on the State Civic and Military and Veterans Affairs Committee we keep hearing about this thing called spring break And so we decided to take one and try it out and we not meeting this week
You're welcome. So we got that announcement twice today. I love it.
Representative McCormick. Thank you, Madam Speaker. House Agriculture, Water, and Natural Resources Committee will meet at 345.
Madam Majority Leader. Madam Speaker, I move to lay over the balance of the calendar until Tuesday, March 31, 2026.
Seeing no objection, balance of the calendar will be laid over until tomorrow. Members, I've got some business to take care of. You are free to leave.
Mr. Schiebel, introduction of bills. House Bill 1344 by Representative Stuart Cain Bradfield, also Senator Linstead, concerning the continuation of the Colorado Podiatry Report and in connection therewith, implementing the recommendation in 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. House Bill 1344 will be assigned to the Committee on Health and Human Services. Senate Bill 48 by Senators Hendrickson and Marchman, also Representatives Joseph and Garcia, concerning removing the exception that authorizes a minor who is 16 years old or older to marry with judicial approval and in connection therewith, reducing an appropriation. Senate Bill 48 will be assigned to the Committee on State, Civic, Military, and Veterans Affairs. Mr. Schiebel, introduction of resolution. House Resolution 1004 by Representatives Duran and Garcia, concerning celebrating Farm Workers' Day. House Resolution 1004 will be laid over one day under House rule.
Members, we will stand in a brief recess. Thank you. Thank you Thank you. The House will come back to order. I have one last announcement. Pursuant to my authority as Speaker under House Rule 27A, subsection E, and at the sponsor's request, I direct the Chief Clerk to remove Representative Hartsook's name as co-prime sponsor of House Bill 26-1302. Representative Baisenecker will serve in substitution as co-prime sponsor of House Bill 26-1302. Madam Majority Leader.
Madam Speaker, I move that the House stand in adjournment
until Tuesday, March 31st at 9 a.m. The House is adjourned until tomorrow, Tuesday, March 31st at 9 a.m. Thank you. Thank you.