May 6, 2026 · 51,704 words · 24 speakers · 680 segments
Thank you.
You're welcome.
The House will come to order. Today, the Pledge of Allegiance will be led by Representative Johnson.
Colleagues, please join me in the pledge. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, and our God, and indivisible, with liberty and justice for all.
Mr. Schiebel, please call the roll.
Representatives Bacon. Barone. Bay-Snecker. Bottoms. Bradfield. Bradley.
Here.
Brooks. Brown. Caldwell. Minority Leader Caldwell.
It's excused. Camacho.
Carter. Representative Carter.
It's excused. Clifford.
DeGraff. Duran. Duran. English.
Rep. English is excused.
Espinoza. Ferre. Flannell. Froelich. Garcia. Garcia-Sander. Gilchrist. Goldstein. Gonzalez. Gonzalez. Representative Gonzalez.
is excused.
Hamrick. Representative Hamrick.
Is that her? Yeah, it's here.
Hartsook.
Rep. Hartsook is excused.
Jackson. Johnson. Joseph.
Right here.
Kelty.
Leader.
Representative Leader.
Is excused.
Lindsey.
Here.
Luck.
Here.
Lukens. Mabry. Marshall. Martinez. Morrow. McCormick.
Wynn.
Pascal. Representative Pascal.
He's excused.
Phillips. Richardson. Ricks. Representative Ricks.
He's excused.
Routenel.
Here.
Rydin. Sirota. Slaw. Smith. Soper. Stewart K Stewart R is here Story Rep Story is excused Sukla, Taggart, Titone, Valdez A, Rep Valdez is excused. Velasco Weinberg Wilford Representative Wilford
is excused
Winter Amell Winter is excused Woodrow Woog Zokai and Madam Speaker
Leader.
Passable.
Alright. She's around. excluded. I, who are I?
With 55 present, 10 excused, we do have a quorum.
Representative Johnson.
It's May 6th. Thank you, Madam Speaker. It is May 6th indeed. So, Madam Speaker, on this May 6th, let's bring balance to the record before chamber turns to the dark side. With that, I move the journal of Tuesday, May 5th, 2026 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. All those opposed, no. The ayes have it. The motion is adopted. Members, announcements and introductions. Representative Woodrow.
Good morning, Madam Speaker. It's an honor to serve with you. It is an honor to serve with you. Members, on Saturday, April 13th, the men's hockey team from House District 2, my district, achieved something amazing, historic, but not unexpected. The University of Denver Pioneers men's hockey team won their 10th NCAA hockey championship. Give them a round of applause.
Woo!
11th.
Look at my notes. And it was history-making. The DU men's hockey team leads the nation in the number of championships by any NCAA men's hockey team in history. With their record-setting victory, they have brought a very important and valuable honor and recognition to the university and the state of Colorado. DU is known as the place to go for school for elite hockey players. No other school, not my beloved Michigan Wolverines, not Northern Dakota, not Wisconsin has ever won 11 national championships. DU stands alone at the top, having won three in the past seven years. They are a dynasty. And it wasn't easy. Matt Davis was amazing in net, allowing only three goals during the tournament, and he completely stoned Boston College in the finals. Davis was the consensus choice as the most outstanding player for the tournament. Make no mistake this was a team victory Without their hard work and dedication of every player their coaches their staff this couldn have happened Congratulations to all of you Go Pios Let's hope we see more hockey success with our Colorado Avalanche. Congratulations to you all.
Representative Representative Soper
Merci Madam Speaker Members on each of your desks you should have found a flag and this is a special flag if you count the number of stars you will notice there are not 50 stars there are in fact 38 stars on this flag and this was the flag that was adopted 150 years ago when Colorado became a state we are the 38th state So I had one of these flags made for each of the members as we celebrate our sesquicentennial. And I hope as we're in this final week, you'll display it with pride and reflect on the past 150 years of Colorado being the centennial state.
Thank you, Representative Soper. Representative Camacho.
Thank you, Madam Speaker. The House Business Affairs and Labor Committee will be 15 minutes upon adjournment in House Committee Room 112. and we are going to be hearing Senate Bill 133, House Bill 1431, Senate Bill 91, Senate Bill 156, House Bill 1415, Senate Bill 93, and Senate Bill 175. Thank you.
Representative Lukens.
Thank you, Madam Speaker. The House Education Committee will be meeting 10 minutes upon adjournment in room 107. We will be hearing Senate Bill 166, Senate Bill 45, Senate Bill 170, and Senate Bill 173. Thank you.
Madam Majority Leader.
Thank you, Madam Speaker. Members, this is a reminder that we are in open enrollment now through May 11th. If you have any questions regarding benefits or open enrollment, please feel free to reach out to Shannon Briggs in accounting. Thank you.
Thank you. Representative Brown.
Thank you, Madam Speaker. The House Appropriations Committee will meet in the Old State Library tomorrow at 8 a.m. We will hear there's a calendar printed in your schedules this morning. we may hear any bill that has been referred to appropriations at that meeting and stay tuned for any changes to the calendar. So thank you very much.
Representative Woog.
Thank you, Madam Speaker. And I did not sign up, but for the record.
For the record.
For the record. Matt Davis did win a championship at DU, the last championship, and he was outstanding, But we need to give credit today to their goalie, Johnny Hicks, who played this playoff series and won the championship with the team. So Johnny Hicks, great, great goalie. Wherever he is.
Representative Woodrow. Yeah, my bad, Madam Speaker.
Johnny Hicks allowed 22 goals on 514 shots for an astronomical .957 percentage, breaking Jimmy Howard's single season record set in 2004. 2004. His 1.20 goals against average finishes third all-time behind Howard. Round of applause for Johnny Hicks, my bad.
Seeing no more Mr. Sheebel.
We have some business. Reports of committees of reference. Good morning. Committee on appropriations after consideration. The Merits of Committee recommends the following House House Bill 1029 as amended 1141 as amended 1418 as amended and 1430 in Senate Bill 2036 as amended Be referred to the Committee of the Whole to Fail Recommendation Committee on Judiciary after concession on the emergency committee recommends the following House Bill 1430 Demandere machen vendorett ist also mitzvall dicovers Tab hallers Deputy Chief Directora
Madam Majority Leader. Madam Speaker.
I move that the following bills be added to the special orders calendar on May 6th.
Members, your attention, please. Thank you, Madam Speaker.
I move that the following bills be added to the special orders calendar on May 6th, 2026 at 1121 AM. Senate Bill 5, House Bill 1430, House Bill 1029, House Bill 1418, House Bill 1427, Senate Bill 177, Senate Bill 138, Senate Bill 17, Senate Bill 174, House Bill 1141, Senate Bill 36, Senate Bill 20, and Senate Bill 182.
Seeing no objection. Seeing no objection, the bills listed by the Majority Leader will be made special orders today, May 6th at 1121 a.m. Madam Majority Leader.
Madam Speaker, pursuant to House Rule 14, I move that debate on Senate Bill 5 be limited to one hour during special orders on May 6, 2026.
The motion before us pursuant to House Rule 14 is that debate on Senate Bill 5 be limited to one hour during special orders today. This is a non-debatable motion, and pursuant to House Rule 15E, it does require a majority of all members to pass. Mr. Schiebel, please open the machine and members proceed to vote. Representative Joseph, how do you vote?
Yes.
Representative Joseph votes yes. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Bradley, how do you vote?
Absolutely not.
Representative Bradley votes no. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Rutnell, how do you vote?
Yes.
Representative Rutenel votes yes. Representative Luck, how do you vote?
No.
Representative Luck votes no. Representative Joseph, could you repeat your vote? Representative Joseph?
Yes, I'm here.
Thank you. Representative Joseph votes yes. Slaw, Soper, and Winter AML Winter Please Please close the machine. With 36 I, 24 no, and five excused, the motion is adopted. Representative McCormick. Members, you have heard the motion. Seeing no objection, Representative McCormick will take the chair. Thank you. Thank you.
The committee will come to order. With your unanimous consent, the bills will be read by title unless there is a request to read the bill at length. Committee reports are printed and in your bill folders. Floor amendments will be shown on the screen on iLegislate and in today's folder on your box account. Bills will be laid over upon motion of the majority leader and the code rule is relaxed. Mr. Schiebel, please read the title of Senate Bill 005.
Senate Bill 5 by Senators Weissman and Gonzalez, also Representatives Mabry and Zocay, concerning state court remedies for violations of federal constitutional rights occurring during immigration enforcement and a connection therewith making an appropriation. Representative Mabry.
Thank you, Madam Chair. I move to Senate Bill 5. To the bill.
Representative Zocay. Thank you, Madam Chair. I want to start by thanking the many advocates who have worked on this policy. Many people have showed up to testify on this bill and on other immigration bills through this process to share stories of truly very difficult moments in their lives, very deeply personal moments, and it has helped inform this policy and make it better. There has also been a number of advocates that have worked on an expanded version of this policy to be responsive to calls from our constituents. And what we have before you today is more limited in the course of immigration enforcement, but we appreciate all of the efforts that have been put forward to- Representative Zocay, my bad.
I needed to make the announcement that the debate on this bill is limited to one hour and and I need the majority leader back to the well Madam Majority Leader. Okay.
Thank you, Madam Chair. I withdraw my motion.
Thank you. Thank you. That motion has been withdrawn. Thank you. Madam Majority Leader.
Thank you, Madam Chair. Move to layover House Bill 1425 until after Senate Bill 20.
That bill will be moved over until after Senate Bill 20. And now we are beginning the one-hour debate on this bill.
Representative Zocchi, or Representative Mabry. Thank you, Madam Chair. I move to Senate Bill 5. To the bill.
Representative Zocchi. Thank you, Madam Chair. I am going to thank a few more people. I'm going to thank the many Coloradans who took to the streets to protest the actions that are being taken by the federal government and to make it very clear that they are concerned about federal government overreach, and particularly in the course of immigration enforcement. We have heard very clearly what Coloradans want from this body, and I am very excited to have Senate Bill 5 before us today to respond to those requests. Because ultimately, what this bill is about is the fact that government officials are subject to the law, and that where we have rights, we have to also have remedies. The law has consistently affirmed that when government actors exceed their authority and infringe on individual rights, that they can and should be held accountable. And I want to, again, remind us of the moment that we are in and what is happening outside of this building. that we have immigration enforcement that is acting with cruelty and targeting individuals based on their race, the color of their skin, whether they have an accent, and they are being given the budget of a small country to enact that cruelty while our residents are facing cuts to SNAP and Medicaid and other crucial services. Immigration enforcement in this country has always been problematic, but this current administration has taken it to a new level of cruelty and that requires a new sense of urgency from us. Our neighbors are living in fear because the immigration enforcement has been causing injury and death to citizens and non-citizens alike. Luis Gustavo Nunez-Caceres, a 42-year-old from Honduras, died in ICE custody in January 2026 after being detained during an enforcement operation. Guadalupe Ramos died in March 2026 in an ICE processing center after being found unresponsive. In December 2025 alone, four people died within days of each other. Jean Wilson Brutus, Nenko Stanev Gantchev, Delvin Francisco Rodriguez, Fouyad Saeed Abdul-Kadir, all in different ICE facilities across the country. For Fouyad Saeed, he had complained of chest pain and inadequate medical care repeatedly before dying. Nenko Gantchev was found unresponsive after months of declining health in detention. Outside detention centers the violence continues Reuben Ray Martinez a 23 U citizen was shot and killed by ICE agents Renee Good a 37 mother and U citizen was shot and killed by an ICE agent after she had dropped her child off at school. Alex Preddy, a 37-year-old U.S. citizen, was shot and killed by federal agents in Minneapolis. And we have all seen that horrific footage. while the President of the United States has told us to look away and not believe what we are seeing with our own eyes and ears. Since 2025, there have been 46 deaths in ICE custody. In court filings, it has been noted that food served to children was contaminated with worms and mold, causing many children to become ill and vomit repeatedly. One family was repeatedly vomiting and were told that if their daughter vomits more than eight times, they can go to medical, and less than that, she cannot. Families were reporting in these court filings that children are hungry, especially babies and toddlers, that workers were laughing at their kids' pain, that staff laughed in a child's face as he ripped up her drawing, and staff threatened to separate a family when their toddler would not stop crying from a toothache and infected gum that they refused to treat.
Members, please keep it quiet. so we can hear those in the well.
Go ahead, Representative Zokai. Thank you, Madam Chair. Families continue to report that staff not only belittle their illnesses, but mock them. For any illness, this is a quote from the filing, for any illness, our only advice is drink more water, which is undrinkable. Every day I am crying because there is no food for our son to eat. I am so sad all the time. There is no baby food here. What we are seeing is a disturbing pattern of constitutional rights being violated in the name of immigration enforcement. There are widespread reports of force against peaceful individuals that I have noted already. Federal agents have carried out warrantless arrests and suspicionless stops, targeting individuals without probable cause, which courts and advocates have repeatedly said violates the Fourth Amendment's protection against unreasonable seizures and the Fourteenth Amendment's guarantee of equal protection. People, including U.S. citizens, have been wrongfully detained by immigration agents, sometimes for days, with little accountability or transparency. ICE has conducted courthouse arrests in violation of its own policies, undermining due process and access to justice. Regardless of how you feel about immigration policy, what we have all said here is that we believe in upholding the U.S. Constitution. And the Constitution protects all of us. And when it is trampled upon, there has to be accountability. In recent years, the ability to seek remedies for these violations, especially in the context of federal enforcement, has been difficult. It has left people without meaningful recourse when their rights are violated. And the Constitution does not mean anything if it isn't enforceable, and that principle applies to federal actors as well. The state has long served as a critical check, and we have to reject efforts to concentrate power and authority at the federal level. And that is where this bill comes in. Senate Bill 5 creates a remedy in state courts. We currently have that accountability for state officials, for peace officers, but it does not reach federal officers. Senate Bill 5 fills that gap by creating a state cause of action so that when someone constitutional rights are violated during civil immigration enforcement More specifically under 26th USC 1983 there is a right to sue for damages when state or local government officials deprive you of any rights or privileges or immunities secured by the Constitution and our laws our laws. What we have before you is sort of a converse 1983. What we have before you is the chance to make it apply to federal officials as well. This is not about one political party. This is about upholding the Constitution regardless of who is in power at the federal level. This moment in history has exposed gaping holes in our systems of compliance. What we are asking for today is your yes vote to ensure that federal officials operate under the same legal standards that apply to every other state and local official in the United States.
Representative Mabry.
Thank you, Madam Chair. My co-prime sponsor did a great job of outlining the reality of our constitutional crisis in this country and the reality of immigration enforcement. The Fourth Amendment guarantees that every person in this country, every person in this country has the right to be free from unreasonable searches and seizures. It applies to all persons. It is always applied to all persons, regardless of their citizenship. It is the thread that holds together every other civil liberty that we have. And today we have the Vice President of the United States publicly asserting that federal agents can enter our homes without warrants. The federal government has paid Palantir tens of millions of dollars to build Immigration OS, a surveillance system that accesses tax records, TSA facial scans, cell phone location data, license plate data, text messages, and our photos in our phones. ICE is buying American cell phone location data from commercial brokers without warrants on the theory that the Fourth Amendment does not apply if the government writes a check instead of giving a judge to get a warrant. We had a conversation about that earlier this year. We should be doing more about that. ICE has reactivated a contract with Paragon Solutions, a spyware vendor whose tools have been used against journalists and dissidents across the world that can remotely hack our phones, pull our text messages, our photos, and our real-time location data. Again, without the Fourth Amendment. The Fourth Amendment gives us the right to be secure in our personal effects and our papers. How could we not interpret the language papers to apply to the digital world where now we're keeping all of our documents on our phones? In late last year, the Supreme Court signaled that skin color and accent, together with the type of your job, may be enough to satisfy the Fourth Amendment's reasonable suspicion requirement. In Justice Sotomayor's dissent, she told the story of a young man named Jason who was working on his car in a tow yard when masked agents ordered him to stop, demanded that he prove he was an American three times. They racked a rifle at him, twisted his arm behind his back, and took his real ID, which he never got back. That same operation was enjoined by a district court because the government was stopping people based solely on four factors. Apparent race or ethnicity, the Spanish language or accent, location and the kind of work the person appeared to do. Stops based on those four factors alone, that is racial profiling. That is a Fourth Amendment violation, and it is happening in Colorado and across the country right now. When violations happen like this, we have a duty to step up and say, no, you are not above the law in the state of Colorado. And what this bill does is it says that any person whose rights under the United States Constitution are violated by another person who is participating in civil immigration enforcement, whether or not, under color of law, you do not have the legal authority to violate someone's constitutional rights, may bring a civil cause of action against the person whose conduct was the proximate cause of that violation. A defendant who violates the Constitution is liable to the injured party for legal and equitable relief or any other appropriate relief, and to the maximum extent possible under the Constitution, this is a key provision of the bill, and I think key to its effectiveness and enforceability, to the maximum extent possible under the Constitution, no grant of immunity, sovereign, official, intergovernmental, qualified, supremacy clause, statutory, or common law immunity applies. You do not have the right to violate someone's constitutional rights. This is a state court remedy for a federal violation. And as my co-prime mentioned, this is sometimes called a Converse 1983. It supplies at the state level what Section 1983 supplies against state and local officials. In both directions, the theory is the same. People whose constitutional rights are violated deserve a meaningful remedy in court. And let's be direct about the legal questions here. Can a state create a damages remedy against a federal official? The answer is yes, and the answer has been yes since the earliest days of the republic. Courts have held that federal officials may be personally liable for damages when they violate federal law since the early 1800s. In 1851, in Mitchell v. Harmony, the court held that federal officials could be liable for damages even for conduct connected to but beyond the lawful scope of their federal duties. There is no right to violate somebody's constitutional rights, even if you say you're acting under the color of federal law. In the 1850s, the court also held that state courts have jurisdictions to hear those damage claims. The principle has been reaffirmed again and again in Johnson v. Maryland in 1920, where the court said an employee of the United States does not secure a general immunity from state law while acting in the course of their employment. Acting in the course of your employment is not a defense to violating somebody's constitutional rights. In Colorado v. Symes in 1932, where the court said federal employees are not granted immunity from state courts merely because they are federal employees. And in Weldon v. Wheeler in 1963, where the court said that when it comes to suits for damages for abuse of power, federal officials are normally governed by local law. These principles were not overruled by Bivens when the Supreme Court recognized a federal cause of action in Bivens v. Six Unknown Agents in 1971. It was added to traditional state law remedies, not substituted for them. Even the dissent in Bivens explicitly said that the task of fashioning damages and remedies is a matter for Congress and for the state legislatures Over the past two decades the Supreme Court has dismantled Bivens in practice In Egbert v Bully in 2022 the court said in so many words that the responsibility for creating damages remedies belongs to legislatures and not to the courts. So they sent the ball to us, and this is our chance to pick it up and stand up for the rights of everyone who lives in Colorado. And the Westfall Act does not block us. Congress made federal law the exclusive remedy for certain tort damage claims against federal employees, but Congress wrote an explicit carve out. 28 U.S.C. section 2679. This exclusivity does not extend or apply to actions against federal employees brought for violations of the Constitution of the United States. And the prime sponsor of that amendment on the House floor in the United States Congress said, if you are accused of having violated someone's constitutional rights, this bill does not affect it. Congress left this door open on purpose. All right, so we know this bill is going to be challenged in court. Illinois has passed a similar law last year. The Trump administration filed suit. United States v. State of Illinois, now pending in the Southern District of Illinois. First, under Article 3 standing, this law is not enforced by the governor or the attorney general or any state executive official. It is solely enforced by private citizens who have been harmed. That means they are not suing the right party. There is no standing if the state of Illinois does not have the power to enforce the law. Citizens have the power to enforce the law on their own behalf. Under Whole Woman's Health v. Jackson, the 2021 case where taxes, Senate Bill 8, survived precisely because it was enforced by private parties. The federal government does not have standing to sue the state over a statute. No state enforces. Every federal appellate court to consider that question has agreed. Second, let's talk about Supremacy Clause immunity. That doctrine has historically been a partial shield in criminal cases protecting federal officials from state prosecution when they are carrying out lawful federal duties in a necessary and proper way. But this bill does not address criminal conduct. It addresses civil conduct. And last term in Martin v. United States, the Supreme Court declined to extend Supremacy Clause immunity beyond its traditional criminal context. Even if it did apply, the bill only reaches conduct that violates the United States Constitution. Violating the Constitution can never be necessary and proper to the execution of federal law within the meaning of Article I, Section 8, Clause 18. There is no lawful duty to violate the Fourth Amendment. No lawful federal duty to engage in racial profiling. A shield designed to protect the lawful execution of federal power cannot shield its unlawful abuse. All right, let's talk about intergovernmental immunity. This is another key provision. This is another key element in the cause of action against the state of Illinois, and we've got to talk about why this law will survive a challenge. The doctrine prohibits states from discriminating against federal government or directly regulating its operations. Our bill does neither. It creates a neutral cause of action that applies to any person, federal, state, or private, who violates the federal constitution while participating in civil immigration enforcement It does not single out federal agents It does not tell federal agents how to do their job It tells them like every trespass assault and battery law in every state they cannot violate the Constitution when they do so. The Seventh Circuit, the Fifth Circuit, and others have all held that a state law, which at most requires federal agents to conform their conduct to federal law, imposes only an incidental burden. and incidental burdens do not trigger intergovernmental immunity. A state law does not unconstitutionally regulate the federal government by preventing it from doing something that it had no authority to do, to violate somebody's constitutional rights. Fourth, preemption. I've already addressed the Westfall Act. Congress wrote an express constitutional tort carve-out, and they meant it. There is no statute in the books in which Congress has preempted the field of remedies for federal constitutional violations during civil immigration enforcement. If anything, the opposite is true. Bivens has been narrowed, and the Federal Torch Claims Act has significant carve-outs, and the Supreme Court has openly invited the legislature to fill the void. Now, finally, the idea that our bill creates, it is critical to note that our bill creates belt and suspenders phrase in subsection 3. The abrogation of immunity applies to the maximum extent permissible under the United States Constitution. If the court holds the qualified immunity or supremacy clause, immunity is constitutionally required in some particular application, the statute accommodates that holding and the rest of the bill will stand for different fact patterns. Combined with the severability clause in section four, this bill is built to survive provision by provision, application by application, constitutional challenges. The Constitution tells every person in this country that the government cannot break into your home without a warrant, cannot seize you because of the color of your skin or the language you speak, cannot use excessive force against you in the street. For decades, the federal courts have been systematically closing the courthouse doors on people whose constitutional rights have been violated by federal officers. The Supreme Court has told us, the state legislatures, that it is our job to open that door on our own. This bill opens that door. It protects every Coloradan whose Fourth Amendment rights are violated in the course of a raid, traffic stop, warrantless entry, courthouse abduction, or surveillance-driven arrests. It is grounded in two centuries of Supreme Court precedent. It is carefully drafted to survive a constitutional challenge. People are being harmed in Colorado right now. We have the authority to do something about it, and I respectfully urge members of this body to vote yes on Senate Bill 5.
Further discussion? Representative Soper.
Thank you, Madam Chair, and it's an honor to serve with you. It's an honor to serve with you. Members, I rise in opposition to this bill for a couple of reasons. One is the highly likelihood that the courts will strike down this legislation is a strong probability. And we have a constitutional duty to pass laws that would withstand constitutional scrutiny. The challenge that we have is every bill that we debate is presumed constitutional until it is challenged. So we don't know until the courts weigh in. This bill concerns qualified immunity and stripping away qualified immunity which was something that came about under the Civil Rights Act of 1871 So the case law that was just cited by the proponents from pre War was actually in fact overturned by the Civil Rights Act of 1871. Qualified immunity is something that is out there when you have an officer of the government who's acting within the color of law. They are within their scope and duties and they would be protected. When they violate someone's constitutional rights, then they would not be protected. It's very clear. And this was designed to stop arbitrary lawsuits against government officials. The problem with the bill is it's saying that Section 1983, which is a federal section of law is not good enough for someone to bring an action against, for example, a federal immigration officer if they believe their rights have been violated. Instead, it seeks to create a state remedy using the underlying federal law. That is problematic in several ways. One, whenever you have a situation where there's already a federal remedy, now this is just trying to create a secondary path. So a person already has an opportunity to have their case heard in the federal courts. Secondarily, it strips away a century and a half of case law that's been developed within the federal courts and says that within the Colorado courts, you can rely on none of that case law, that it's now going to be moot. And then third, as you heard from the sponsors, this has been tried in Illinois and it currently is being challenged. We should wait and see what happens in our sister states before Colorado goes marching ahead with this. Lastly, this is the illusion also of protection. If someone is acting under the color of law, even if it's challenged under state courts, there's this premise that's sitting out there that somehow the state courts are going to behave differently than federal courts. And I think that's also wildly speculative. So for all those reasons, I will be a no vote, but do appreciate looking into a long-standing area of law.
Representative Bottoms.
Thank you, Chair. I am in opposition to this bill. I'm not going to spend a lot of time talking about it because of the unethical use of Rule 14. But I do want to mention this. This will go into the courts. We know that. It will be lost in the courts. But this falls into the category that we do all the time in this building, and that is we call those things that are bad good and we call those things that are good bad. That's actually out of the Bible. And so I just want to address this from just a little bit different point of view because I don't think we have to discuss the merits of this bill. There are no merits in this bill. This is a horrible, horrible piece of legislation that tries to make victims out of the good guys, the victims out of the bad guys and try to somehow say the good guys are responsible for that. So I just want to say this. ICE agents, I want you to know that I'm very proud of you. I think you're doing an amazing job. It's not easy what you're doing and everybody's coming against you, but you continue to do a phenomenal job upholding the Constitution. This bill is anti-constitutional. A lot of what comes out of this room is anti-constitutional, but you are doing a phenomenal job, ICE agents. Keep doing what you're doing. If people are in this country illegally, they need to be arrested, and so I want you to know that I have your back, and I think many people on our side have your back, and that we believe in the Constitution and that we support you, and that we know you are the good guys. You will see who knows that at the vote. We believe, I think all of us, I don't want to speak for everybody on our side, but I think all of us support you, and I believe you're doing a great job. But here's another part of this. The Calvary is coming. It's already started. We saw that the assault weapons ban was trashed by the Supreme Court. We're seeing some other things come down the line in between now and the end of the year. You're going to see a lot of stuff that is going to be in the courts. There's going to be public opinion also. By the way, ICE, I think you know this. Public opinion is in your favor. When somebody gets up there and says the citizens of Colorado have begged us for this legislation, that means they do not know the people of Colorado. They don't know the numbers. They don't know the polling. They don't know the data. I do. I've spent a lot of time for the data for this little side thing I've got going on. But you are respected and well-liked in the state of Colorado, and we want you to continue doing your job. If there are people in this country illegally, they need to be removed. They are pulling stuff away from medical costs. They are pulling away social services. They are pulling away all kinds of rights that the normal people, the citizens of Colorado have been enjoying, and now they're being sucked out and taken and put into a category that is not legally here. And so we just want to tell you, ICE agents, keep doing what you're doing. I'm proud of you, and this is going to stop soon. Trust me.
Representative Barone.
Thank you, Madam Chair. It's no surprise that I'm also against this bill. and I hope you give me a little leeway to respond to some of the comments here, the federal government being said on this bill. You know, Renee Good, Alex Preddy, although their death should have never happened, they put themselves in a situation that was far from being safe, from being a good situation. They should never put themselves in that situation. Although the details of what happened and what's going on are still out there. Video is being seen and being interpreted in different ways. I understand that. We should not be talking and putting their names in a situation to where we're now trying to make legislation at a state level for federal agents. That's ridiculous. But yet there is no mention of the hundreds of thousands of U.S. citizens killed and hurt by people that broke our immigration laws. No mention whatsoever. The line between being soft on making sure a person is here legally is very thin compared to the next terrorist attack. So many people came through that border under the previous administration We don know who here We don know who came through that border You don't think they're trying to plot something here, taking their time to make it right? Our federal agents are trying to make sure that does not happen. and now we're passing legislation to limit them if there's probable cause for a search to make sure this person is not a threat to this country to our citizens and is here illegally this bill is going to create a loophole to where now federal agents are not going to properly do their job for fear that they didn't establish probable cause when there was none of us have been in that situation maybe our maybe our service members that are here been in situations where people are shooting at them, people are trying to kill them but these people are doing it here on our own land on our own soil and dealing with all of that at the same time trying to establish probable cause and then legislation like this being passed that is limiting them that is putting them more in fear of being prosecuted because maybe they broke the state law. Now, by eliminating these federal agents and having them fear for breaking this state law is allowing for actual illegal alien criminals roam our state, our country, plotting their next attack. Maybe a terrorist attack, maybe just a single person. It doesn't matter. One person is too much, like it's always said here at the well. Why are we creating that? Yes, there are bad actors. I agree. There are federal agents that should be prosecuted, but there is already a process for that to happen. Bless it. There is already a process for that to happen. We shouldn't be handcuffing our agents to not do their jobs, and maybe causing the next attack. Now a lot of things, a lot of us said here about skin color, accents, race. I mean seriously, you are keeping racism alive by making everything racist. That should not happen. And I will not add to that by speaking more of it. I urge a no vote on this bill.
Representative Nguyen.
Madam Chair, it is an honor to serve with you. It's an honor to serve with you. On April 1st, a Vietnamese man by the name of Thuyin Van Bing was killed during an ICE detainment. He had been living in the United States of America since 1990 through the Homecoming Act because his father was a U.S. service member. In the same month, Lord Sim was found dead in the very same facility in the same ICE detention center. He was a lawful resident from Cambodia, a permanent resident. Other Vietnamese Americans who have died in ICE's custody have been Tin Zun Phan and Nguyen Nguyen in 2025 Additionally we cannot forget the disturbing images of ICE agents dragging a Hmong man by the name of Chung Lee Scott Tao as he was dragged out wearing sandals and wearing no shirt in freezing temperatures in Minneapolis. He was also detained unlawfully for two hours until ICE agents realized that he was a U.S. citizen. They did not arrest him. They did not detain him. they let him go, and his civil rights were infringed that very day. This bill is a bill that accounts that a person who violates the United States Constitution while participating in civil immigration enforcement is liable to the injury party for legal or equitable relief or any other appropriate relief. The action must be commenced within two years after the cause occurs, which is why I stand to support this bill. Thank you.
Representative Richardson.
Thank you, Madam Chair. It is probably the first and most proper role of government that it protect the rights of individuals. That's not being debated here. But when bad things happen, you often hear there ought to be a law. You've also heard that we should never let a crisis go to waste, and I think this bill combines those two. I oppose this bill. There are already laws on the books to address violations of constitutional rights. And this is not a clean civil rights bill. It's not careful. It's not narrow. It's not a remedy for a clearly defined wrong. The sponsors have openly admitted that this is Colorado building a litigation weapon to use against a policy dispute they have with the federal government over immigration enforcement. That is not the proper role of state government. And because immigration enforcement is an area where the federal government has primacy, the state can't simply take over and make their own policy. So instead, this bill tries to do the next best thing, make enforcement more legally dangerous, more expensive, and more difficult. This bill is simply put, lawfare. And the collateral damage will be our law enforcement officers, our local government, and all of our taxpayers. This creates a new state court lawsuit for alleged federal constitutional violations that can already be prosecuted, or excuse me, already be addressed with 1983 action in federal court. It allows claims to be brought against people that are acting under the color of law, federal, state, or local law. It attacks immunity defenses. It opens the door to injunctions, damages, and other relief. It invites courts to sort out what counts as participation only after charges have been brought. That's not clarity. It's a trap. The sponsors may tell us it doesn't apply to ordinary peace officers doing their lawful duties, but even the fiscal note anticipates litigation against the state and local governments. Why? Because the bill contains purposely gray areas. Did an officer provide information? Did a jail communicate with federal authorities? Did a deputy transport someone? Did an officer stand by while federal agents acted? Every one of those questions becomes the opportunity for a new lawsuit just to answer those questions. And even if the officer wins if the county wins the state wins we still have to hire lawyers spend time absorb risk and operate under the cloud of a threat That how lawfare works That what it intended to do The lawsuit itself becomes punishment for something that otherwise could not be punished at the state level. The protections of immunities at various levels exist for a reason. They prevent every contested decision from becoming a taxpayer-funded lawsuit. They protect officers and agencies from being dragged into court simply because somebody wants to make a political point. This bill tears at those protections, and the point is not to bring balance, but to bring pressure. The bill then adds one-way attorney fee pressure. If a plaintiff prevails, the fees are mandatory. If the defendant prevails, the fees are only paid if the claim is found to be frivolous. That's not an equal playing field. This means that even weak cases carry enormous settlement pressure. State or local government may look at the cost of defense, the possibility of attorney's fees, and the uncertainty of a court's interpretation and decide to settle even when they did nothing wrong. And that is not justice. Again, that is purely leverage. And who pays for that leverage? Colorado taxpayers. The fiscal note that got this through the Appropriations Committee tags the cost at $125,000. But if you actually lead through the fiscal note, the agency responsible for state risk management saw the possibility of exposure closer to $3.3 million a year, 26 times higher than what allowed this to get through appropriations. and that probably needs to be addressed because it's probably much more accurate than the numbers that we needed to get to to get through appropriation. This is the kind of bill that sounds noble in a press release but gets really messy when it's released into the real world. Law enforcement officers don't operate in a school of law school hypotheticals hypotheticals or in a world of hypotheticals. They operate in confusion. Now, we heard the sponsor praise the folks that took to the streets. I understand people are angry and they have a right to speak. They have a right to make their grievances known, but that causes the same kind of confusion that often leads to violence and death. We saw that in Minnesota. It's not something we should really be celebrating. But officers operate in this confusing area, shared jurisdictions, overlapping priorities, and fast-moving situations. We already have too many law enforcement that are choosing to leave the profession. Just last week in this chamber, we celebrated them for what they do. And now we have a bill that adds legal risk to them that potentially puts their families at monetary risk. I wouldn't blame them if this bill passes, if we have more that choose to leave the profession. If the federal government violates the Constitution, there are already ways to bring claims. If an officer breaks the law, there are already remedies. But this bill is not satisfied with existing remedies. It wants us state-created litigation weapon aimed at a federal policy dispute. And because the state can't control federal immigration law directly, it's willing to make police, sheriffs, deputies, counties, municipalities, and taxpayers the collateral damage. If you disagree with federal immigration enforcement, we should not just make it easier to sue people. We should address that in a little more measured manner. I don't see this bill as responsible public policy. It certainly doesn't respect federalism. It doesn't respect the roles that each level of government needs to be playing in order for all of this to work for all of our citizens. It's not fair to the men and women in law enforcement who will be forced to carry out the risks of this legislature's political message. Constitutional rights do matter. they have always mattered, and they always will. But they shouldn't be used as cover for a lawfare bill that turns policy disagreement into open-ended liability. This bill invites lawsuits, it strips defences, it creates one-way settlement fee pressure, it absolutely understates the true cost, and it leaves settlements uncapped. it will push Colorado courts into a federal immigration fight and again it treats local officers and taxpayers as if they are just acceptable collateral damage this is not accountability it is just weaponized legislation and I urge a no vote
Representative Kelty
thank you ma'am chair I too come up here in absolute no vote on this bill you know I sat in this year on this and the things that we heard were just were false you know people they keep saying people are getting hurt people are getting hurt People are getting hurt due to their own unlawful actions. Where I come from, that's called you play stupid games, you win stupid prizes. We're talking about criminal illegals and that our legislature wants to protect them over Coloradans, over American citizens. American citizens and Coloradans are getting sick and tired of being put last time and time again. And by the way, it is illegal to interfere with federal operations. So good luck with that one. This bill is not going to do what they say it wants to do. The only one that is protecting are actual criminals. It's a ridiculous bill, and it's absolutely unenforceable. Colorado deserves, deserves to get sued for the violations in this bill. The bill pretends to be about constitutional rights. But when you look beyond the title and into the substance, it becomes very, very clear. It has nothing to do with strengthening the Constitution. That is a farce. It puts Colorado on a direct collision course with it. We keep putting bills through this legislation This is legislation that are doing more and more harm to our own people We're protecting the wrong ones. For once, for God's sake, we need to start protecting our own. This is our home. We deserve much more protections than people who come to this country, break our laws, hurt our people. And we need to start doing that now. And I think it's very clear of what the people of Colorado have said time and time again. They're done. They're tired. They're over it. This bill needs to go away. I'm asking. I'm asking for a no vote on this one.
Representative DeGraff.
Thank you, Madam Chair. All right. You know, as a second-generation American, this hits home. You know, once upon a time, we had an immigration system that was not based on spending $120 million on people coming over illegally. It was spent on, you would come to this country, and you would participate, and you would not be a burden on society. You would not be certainly engaged in criminal activity against this new society that you purport to want to call home. And live and let live in a large sense. Now, the names have been brought up, but other things that are important to mention also, you have names like Santiago Lopez Morales, Shot and Kill Door Motel Crime Spree, Luis Jocan Nanas Lopez, shot and killed while defending his mother from attempted rape. Maria Pulitez and her daughter Dairana, both killed in a car crash by an illegal immigrant from Mexico. Kembre Correas-Flores Christopher Babcock Jocelyn Nungary Lakin Riley Unspecified child Unspecified woman Because those are rapes Unnamed 5-year-old girl Unnamed 14-year-old girl Other harms Robbery Unspecified Chinese woman Melissa Powell The list goes on Of that illegal activity That you want to defend Now, these individuals were imported largely by a lawless regime that has not taken responsibility for the harms that have been done to the United States. These harms are legitimate harms and that are perpetrated by this body. $120 million on one program alone that has been siphoned out of the pockets of the citizens of Colorado and then left uncapped. There is collateral damage, and you are responsible for it, so do we make you responsible for this? And let's see, what do we have? We have the Naturalization Clause, Article I, Section 8, Clause 4. Congress has the power to establish a uniform rule of naturalization, national standards for granting citizenship. Now, we do have our constitutional values, and I'm really glad that at some times, at least for illegal immigrants, these sponsors value those, but we have... These are individuals we're talking about. The effort is to remove people that are here illegally And then when they here illegally and they have all been asked to leave the president asked them to leave nicely said you can deport self Most countries, if you're over your limit, they start charging you thousands of dollars per day. Our country offered them a free ticket out where they could get back in line, and some have, and some have returned already. But many others have not. Most others have not. Bills like this encourage them to not. And they encourage a sense of lawlessness. And then you say, well, if they were... And what is unreasonable force? Unreasonable force is what's beyond reasonable for basically enforcing the law. And when somebody is resisting arrest, what is the criteria by which you're going? What do you say is legal? What is the reasonable force for somebody that's resisting arrest in this case? Because they came here illegally. Now, does this overflow into people that we don't want it to? Absolutely. There is collateral damage from this. It is your fault. The collateral damage that we're experiencing in this country is your fault to the sponsors. Encouraging this, encouraging the lawlessness, is encouraging other people to be swept into these programs. And we're talking, and you like to call them ICE, Immigrations and Customers,
but they are law enforcement officers. They are enforcing the law. They're enforcing the law that you had the opportunity to change, but you didn't change it because human trafficking and sex traffic and drug trafficking was more profitable. Keeping people in a permanently exploitable and expendable status, unprotected by documentation, was more profitable. So you kept the individuals in an unprotected status. This crisis is your fault. we have neighbors that are living in fear because of the criminals that the governor imported and that are being protected by you and that are encouraged to flaunt the law yes we have constitutional protections because these rights are to all persons but the law also extends under them that congress has the power to establish a uniform rule of naturalization and they have put themselves here in a deportable status. And if they want to, when you say that they are deprived or they are detained unlawfully, when they are here unlawfully, that is just an incredible contradiction. And nothing says sanctuary state like this. And so when you say that it's only going to cost half of an FTE, I think it's going to cost a lot more because I think with a bill like this, with legislation like this that says Colorado is a sanctuary state. We are funding people here to be here illegally. We are taking federal money. And programs, like you said, like SNAP and Medicaid that do things like require people to be actually citizens of the United States, yeah, that makes sense for the state to cut them, for the federal government to cut them because the state is in absolute violation of those agreements that we have made with other states And so our residents are facing cuts Our residents are facing cuts while you spend million on yet another program to support illegals And we have several more bills here today that are designed to support people that are here in an illegal fashion, and unprotected by documentation. Permanently exploitable, permanently expendable, just the way the human traffickers like them. That's on you. We have neighbors that are living in fear, citizens that are living in fear, because of the imported criminals by the governor. And Coloradans are told to, they're not only told to tolerate this lawlessness, they are mocked for being concerned. They are not only mocked for being concerned they are pillaged for being concerned. So when you say that they have constitutional rights they have the rights that are extended to all persons but governments are instituted among men deriving their just power from the consent of the governed. It is their government that has a right that has a responsibility. It is their government that has been instituted among men. Now, if their government is failing and we have an obligation to a select few, why do we not have an obligation to the others? Yet, when a country that has been importing some of their worst into our country is supported in an overthrow of a corrupt government that these individuals were fleeing, then you say that is improper even when that is the most efficient way to actually deal with this issue because you don't actually want to deal with the issue and so you bring in stuff like you want to keep it on the emotional you bring in Renee Good who tried to run over with an SUV a law enforcement officer you bring in Alex Pundy who brought a gun to interfere with law enforcement activity. That falls into this place, stupid games, you get stupid prizes. Nobody likes that those individuals had anything bad happen to them. But when you go down this route, when you promote individuals staying here lawlessly, when you promote them being here in violation of the law, then these things are going to happen. and when you create a sanctuary state, even more so create a sanctuary state, this is going to happen. The citizenship was centralized in the authority of Congress through the naturalization clause. Now, you like the supremacy clause when it restricts citizens, but you don't like the supremacy clause when it works against people here illegally. So Coloradans are tired of being pillaged. Coloradans are tired of being mocked. Coloradans are tired of having to pay for the ideology. If someone breaks the law and you want to talk about reasonable force, That is whatever force is required to overcome the resistance. The individuals that are here illegally were asked to leave legally. They were asked to leave peacefully. So what is their status now that they have flaunted that, that you have encouraged them to remain here, that you have aided and abetted people to break the law? What is their status now that this bill seeks to aid and abet those who violate the law? It doesn't mean they're here legally, because that is a federal determination. It just means they're here illegally. and they have put themselves in a removable and deportable manner and there's a way to handle that. The court process, which is probably something that they skipped for years because they were encouraged to do so by your regime, they were encouraged to skip those naturalization hearings. They were encouraged to miss those, stand them up, don't attend. And now there's the price, and the price that's being paid is your fault. The price that's being paid is 100% your fault because you exploited these individuals, you trafficked them across borders, you put them in a position where they don't have documentation to either move forward or move backwards, and now you want to capitalize, and now you want to profit on their existence. And now you want to say to the people that are enforcing the law, which is really funny because you guys have no problem enforcing and creating laws under which the citizens of the United States have to live. And those very laws are enforced by law enforcement agents, and as we say, a good intention isn't a good idea if it requires a gun. We have these laws. We have these laws for a reason. And you love to make new laws. You love to send people with guns after the citizens of Colorado for violating your new laws that violate the Constitution. You love that. You have no problem putting a 70-year-old whistleblower in prison under the same conditions that you decry here. You don't care anything about that. Your compassion is very one-sided, and it doesn't include citizens of the United States or Colorado. It's always couched in terms of visitors. So their governments are responsible for upholding these values. You don't have any issue that their governments, because you support the kind of governments that these people are fleeing. We're going to have to concur. And it creates the issue over and over, and now you want to bring, although you avoid the harm that you do yourself to the citizens and that you would do to these agents by trying to dox them, by trying to put their faces online, by trying to run facial recognition on them so that their families can be harassed. Yes, the same sponsors. And now you want to put them in harm. Now you want to make sure that they are let off the hook and stay here for longer trials. So I move L-001 to SB-005 and ask that it be displayed.
Is there further discussion on Senate Bill 5?
Ma'am, I moved L-001 to...
Sorry. That is now properly displayed. Go ahead to the amendment, Representative DeGraff, and you have one minute left.
I think we're on a new section. This amendment means that if the plaintiff in the action brought pursuant to the same section is charged with a criminal offense rising from the same incidence that gives rise to the action brought pursuant to the section the court shall stay the action brought pursuant to this section until the completion of the criminal proceeding if there is a civil, because the immigration is a civil proceeding. That was made sure. So that is a civil proceeding. If there's an issue with immigration, there's a civil proceeding. You want to charge that. Let's resolve the issue first and then move on to the criminal proceeding. And that goes on page 5 after line 27. Because this is a rule of law issue. I ask for an aye vote.
Further discussion on L11? Seeing no further discussion, the motion before us is the adoption of L11 to Senate Bill 5. All those in favor say aye. All those opposed, no. The amendment fails. And the time for this discussion has expired. The question before us is the passage of Senate Bill 5. All those in favor say aye. All those opposed, no. The ayes definitely have it. Senate Bill 5 passes. Mr. Schiebel, please read the title of House Bill 1430.
House Bill 1430 by Representatives Basenecker and Sirota, also Senators Lindstedt and Amabile, concerning adjustments to transportation funding.
Representative Basenecker. Thank you, Madam Chair. I move House Bill 1430 and the Transportation, Housing, and Local Government Committee report.
to the Transportation Housing and Local Government Committee report.
Representative Batesnecker. Thank you, Madam Chair. In committee, we made a couple technical adjustments. There was a technical amendment that needed to be offered to align some of the disbursement dates, and then there was a blank in the bill that existed prior to knowing the bill number. We filled that in with the bill number, so we'd ask for a yes vote.
Further discussion on the Transportation Housing and Local Government Committee report.
Representative Richardson. Thank you, Madam Chair. This was one committee hearing that I really regret not being able to participate in. I think it might be the second time in two years that there was discussion about funding to roadways in the state. I may have missed a few, but this is only the second one that comes to mind. And it's always a little bit strange to come up and talk about substantive changes before we get to the bill in chief. But I know, again, our process requires amending when we can. and this will be an amendment to the Transportation, Housing, and Local Government report. I move L003 to that committee report of 1430 and ask that it be displayed.
Thank you. That is a proper motion. Give us a minute. the amendment is before us
representative Richardson thank you this is kind of lengthy and it addresses some future possibilities and that what this bill itself that is being amended is intended to do and that to take some action based on potential futures So there is a couple of things going before the voters, very likely this year. One is Prop 175, which is still in signature collection and is what prompted the bill in chief to be brought forward. The other is a Senate bill with a referred measure that's working its way through that would greatly increase the Tabor cap in this state, allow a much higher collection of revenues and then devote a small portion of those revenues to homestead exemptions and K-12 education. So this amendment looks at the potentiality that these ballot measures come out a little bit differently. So in this case, for this amendment, if Prop 175 were to fail, the intended additional revenue going to transportation would not be available. now I did have a chance to watch the committee hearing this morning and everybody in the room agreed that we have problems with our roadways so since we all agree on that if 175 does not pass and provide some additional revenues to go into transportation this bill or this amendment would tap into the eventuality that the ballot measure being referred under 135 does pass, that monies are first directed to where it's alleged they will go, which is K-12 education and homestead exemptions. The rest of the money was going into another fund. This amendment, if passed, would allow the excess dollars that are put into that fund that's over above education and homestead exemptions and essentially push the dollars that are envisioned in Prop 175 into transportation. So we're going to take that found money, that found revenue that could be generated if the ballot measure in 135 passes and use that to fulfill the funding obligations that are envisioned to be generated under 175. Since we all agree that transportation requires more money, this gives us another opportunity to use that money that might be generated in another area.
So I would urge a yes vote. Representative Basenecker. Thank you, Madam Chair. Thank you to my good colleague for his amendment. We missed you yesterday but for joyous circumstances so congratulations to your family. I would respectfully ask for a no vote on this amendment. As I understand it what this amendment does is it says that if initiative 175 fails and Senate Bill 135 passes it essentially takes revenue from Senate Bill 135 and uses it according to the formula indicated in this amendment I think this is indicative of the same problem that we have with Initiative 175 in as much as there is always going to be unless we find a different solution from 175 a one trade for dollars that happen here And so I cannot responsibly ask for a yes vote on this because ultimately it would take money that is intended for our schools and now pave roads with that same money. There is a conversation to be had about better funding our roads in the state of Colorado. This amendment is not the solution to that challenge. Respectfully ask for a no vote.
Further discussion on L3, Representative Richardson.
Yeah. Well, we've created a fund under 135, if that does pass, all the way through, that is directed by title towards education. funding is pretty mutable and it can be changed by legislation the only definitive amounts that are deemed to be useful for education under 135 directly is the 2% increase over what the school funding formula provides taken out of a potential increase in revenues of the entire amount that we devote to K-12. It is purposely written to provide a whole lot of excess revenue and a whole lot of space underneath our Tabor cap. I think it's a good use of money, and if we're talking about, I mean, I guess the easiest thing to do could have been just to wait and see what the voters say and then come up and react to what the voters would like us to do in this state. But I would urge a yes vote on this.
Further discussion on L3. Seeing none, the question before us is the adoption of L3 to House Bill 1430. All those in favor say aye. Aye. All those opposed, no. No. The no's have it. The amendment fails. To the Transportation Committee report. Any further discussion on the report? Seeing none, the question before us is the adoption of the Transportation, Housing, and Local Government Committee report. All those in favor say aye. Aye. All those opposed, no. So the ayes have it. The committee report is adopted.
To the bill, Representative Baisnecker. Thank you, Madam Chair. A little bit about House Bill 1430. And let me start by saying that this is not a bill that in any other circumstance we would bring before this body. So appreciate the conversation that we're going to have today, but need to mention in particular that HB 1430, the Colorado Budget Protection Act, is necessary to mitigate the harm that would be caused if Initiative 175 passes in November. It's estimated that this ballot measure would reallocate more than $700 million in state funds exclusively to roads in fiscal year 27-28, and more than $500 million diverted from the general fund that would otherwise be able to support education and health care, and nearly $200 million in cash funds that would require general fund backfill to avoid defunding the DMV, post-emergency medical services, and other key state functions. The truth of the matter is, no matter how you slice it, there is no way to implement such a broad cut without it significantly impacting critical services, including K-12 education and health care. There is simply nowhere else in our budget to cut from. To avoid these drastic cuts to critical services that our constituents rely upon, House Bill 1430 makes reductions in three key areas. First, it reduces $100 million of general fund expenditure on Senate Bill 267 debt service and $100 million general fund transfers to the state highway fund, both of which are backfilled with Initiative 175 funds. Second, it reduces gas excise taxes. tax and excise special fuel tax and third reduces road usage feet and certain registration fees. These reductions would be temporary for three years reverting to their current status in 2030 and would create general fund room when we're above the Tabor cap allowing funds to effectively offset 175 reallocations. To be clear however this is a very short-term fix to a very long-term constitutional problem that 175 would be creating. I do understand the perspective of those calling for more transportation funding, but I have to point out, Colorado has made meaningful investments in transportation funding over the past decade, generating more than $470 million each year in new funding for roads, bridges, and transit, and the majority of that funding goes to roads and bridges. These investments have improved over 2,500 miles of rural roads since 2021 and reduced the proportion of interstate miles in poor condition from 3.9% to less than 2% over the last three years. The entire state is facing a budget shortfall and while transportation funding needs are always present, as the state's elected representatives, we must make difficult choices to balance the budget each year. Simply put, taking from education and health care to pave a pothole is not the answer for our state. I respectfully ask for a yes vote on 1430. Representative Sirota. Thank you, Madam
Madam Chair, I will start by echoing the sentiment of my colleague from Larimer County in that we are not pleased to present to you this bill today. It is not under any other circumstance something that we would bring forward. But I will remind everyone that just last week, we, the General Assembly, finalized the budget for fiscal year 26-27, where we had to make substantial cuts to balance the budget. And the Joint Budget Committee has presented projections of another billion-dollar shortfall for fiscal year 27-28. So future budget cuts aren't going away anytime soon. So now we are discussing this bill to offset the damage that would be done to the state if Initiative 175 were to pass. And according to nonpartisan legislative council staff, critical programs such as the License Plate Cash Fund, the Post Board Funding for Police Officers, the Air Account, the Emergency Medical Services Account, the Law Enforcement Assistance Fund, Drug and Alcohol Prevention Programs, and transit and multimodal programs may be impacted by Initiative 175. While the proponents of the measure claim it wasn't their intent to impact these funds, we have to assume that the analysis provided by our own nonpartisan staff is accurate. So to that end, House Bill 1430 aims to mitigate these cash fund reallocations by creating more room in the Tabor cap so that there is sufficient general fund to protect these critical cash funds. However, that protection would be limited and we would need to come up with other budgetary solutions in the long term if we're not above the Tabor cap. This bill also holds local governments harmless from the budget backfills by creating the support road transportation fund and aligning distributions to counties, cities, and towns at a similar level to current spending. This is necessary to ensure cuts to state services are avoided and transportation funding for local governments wouldn't be reduced. House Bill 1430 is also providing clarity that Initiative 175 does not include enterprise fee revenue because though the proponents suggest it doesn their initiative is not clear in that respect This Colorado Budget Protection Act is the responsible choice to avoid major reductions to Medicaid, K-12 education, and higher education that would disproportionately impact seniors, children, rural students, and individuals with disabilities. I also respectfully ask for your aye vote.
Representative Taggart. Thank you, Madam Chair. It's an honor to serve with you. And it is an honor to serve with you, sir. Let me start with two points. One, I would acknowledge our roads are in awful condition. I don't think any of us are proud of our roads. Those of us who travel outside of the state and then travel back inside of the state realize that our neighboring states have done a much better job on our roads, on their roads, than we have done on ours. secondly i want to acknowledge that initiative 175 if our voters choose to go in this direction this initiative begins on january 1st and i would reinforce what my colleagues have said we just passed a long bill that was extremely difficult to balance, and this turns, if 175 goes into effect, it turns that budget upside down. If you have not read the fiscal analysis having to do with Initiative 175 and or the fiscal analysis for 1430, even though they are difficult reads, I think all of us need to become familiar with these two fiscal notes. And let me read you a couple of key points of the fiscal analysis having to do with Initiative 175. and why then 1430 is necessary. Under the general fund, the very first sentence says, the measure redirects an estimated $264.4 million in 2627 and $538 million, basically $539 million, in 27-28. This is a redirect of our sales and use tax that is used for K-12 education in other areas. that is immediate cut to K-12 and other areas. Immediate cut and I remind you of that with a balanced budget. How are we going to make up for that And those dollars now have to strictly go to road work Again, I would not argue that our roads are terrible. But are we as a body willing to take $264 million away from K-12? in the second half of the year? And are we willing to take $538 million the following year? And it may not just be K-12, but as we know, our two biggest areas are K-12 and Medicaid, and that's where it's going to come from. Let me read the second component. It obligates $670.7 million of the Highway Users Tax Fund next year and $1.4 million the following year. How are we going to pay for other things? within our Department of Transportation when those are obligated only to that. Add to this, when it comes to motor vehicle fuel excise taxes and fees, It again obligates, obligates $318 million in 26-27, starting January 27, to road transportation. My colleagues talked about where some of these other dollars go and where they fund. Going on further, it obligates $215 million in 2627 and $443 million in 2728 from registration fees strictly to road transportation only. folks I'm not going to stand up here and tell you the merits of initiative 175 but I believe I have some expertise when it comes to the fact that these funds are going to have to be made up someplace else in critical programs which we may not agree on all of those programs but I'll be damned if I'm going to take it from K through 12 under any circumstances. If this goes through 1430, which you may say is preemptive, and I would say it's not preemptive because of the fact this is a 26-27 budget year and we just approved the long bill. If we don't do something right now with 1430, we're in as much shirking our responsibilities because we know just from the standpoint of the sales and use tax, we know we out of balance by million immediately when million if it approved So there nothing in my humble estimation that is preemptive whatsoever It is, and 1430 is crafted specifically that it does not go into place under any circumstances if 175 fails. but if it goes through we have a responsibility and it's not preemptive we have a responsibility to figure out how we're going to balance this budget in 26, 27 and beyond and so whether you agree with how our Department of Transportation is spending its money that's a debate for another day But I hope you would agree with me, we can't do this at the expense of education and health care, and that's where the predominant dollars are going to come from. Thank you.
Representative Brooks. Chair, thank you. Thank you. So I know better than to have a family discussion about the budget that begins at 11 p.m. That's not the best time. It's also not the best time for me to be able to get the most rational financial mind out of my colleague of the Joint Budget Committee. because it is literally the 11th hour. He's been working, as all of JBC, tirelessly to be able to try to help find a path forward for us to fix the structural deficit that continues and will continue to plague our efforts here. So having this conversation now, I understand, comes at a great concern to those in the Joint Budget Committee.
I don't have a problem necessarily with the Department of Transportation. What I'm saying as far as them spending their money in a certain place, that's not my argument. My argument is how we're spending our money, how we're spending the taxpayers' money across the board in this place. I have notes that I took last night in committee, which I'm going to remain in the, they're going to remain in their folder, than remain over here because I don't necessarily need to comment on discussion items from committee last night when we heard this bill. Instead, I'm just going to speak off the cuff about my concerns. My good colleague from the Joint Budget Committee, you know, we often refer to that as a bipartisan committee. It is not. It's not even close. It's not a bipartisan committee. Is there a construction of both parties? Yeah, sure, but it's four to two. Simple math tells me that's two-thirds. Simple math tells me that's actually us, Republicans, being in a super minority. That's what a super minority looks like. We have a super minority voice in the budget process. Is it difficult for our member, our Republican member of the Joint Budget Committee to be able to get things done? You better believe it is. Does it come with tremendous amount of compromise on his part, more so than the other two thirds.
Representative Brooks, I would have you just speak for yourself and maybe not for others and they'll have their chance at the
microphone. I am not speaking for others. I am speaking for myself. Thank you. It sounded like you were speaking for a member of the Joint Budget Committee. Well, perception maybe. We look at things a little differently. I understand when I speak for myself the difficulty that the Joint Budget Committee has in being able to figure this out. I understand the amount of work that comes with that. Also, I want to recognize that, so that that way we can go ahead and address what somebody might perceive as impugning motives ahead of time, I want to recognize that I understand how difficult this is for the bill sponsors to bring. They don't want to bring this. They don't want to be in this position. They don't want to bring this bill. I get that. I have great respect for the bill sponsors, so whatever I say about this bill is not to them because this is not what they want to be doing. Oh, gosh, there I go again, speaking for others. this bill is it is preemptive as much as my member of the joint budget committee said it's not preemptive because of the time that it goes into effect it most certainly is preemptive it's preemptive in short circuiting the voice of the voters we have a priority issue here I have said it here at this microphone before I'll say it again, the balance that we have here, 43 to 22, makes it to where policy for one side is easier to get through. It doesn't make it right. It doesn't mean we're right. And I would tell you that the traction that 175 is getting, that's the voters telling you that they're kind of tired of not having their voices heard. this is them saying, look, we understand that we're not necessarily always going to get a fair shake. We're not necessarily always going to get what we want out of the General Assembly. But this is what we're left with. This is the only choice that we have available to us to ensure that our voices are heard. It's to go to the ballot. 1430 circumvents that. before it's even had enough signatures to make the ballot. But yet, I think we're pretty sure it's going to pass. Otherwise, there wouldn't be any need for 1430. This would send us back to the drawing board and force us to reprioritize. It probably, in many ways, would make things, as difficult as it is, perhaps more enjoyable for our members of the Joint Budget Committee because there are going to be concessions that will have to be considered that I think otherwise are not. Is it our job to run a bill to cut the knees out from underneath a ballot measure? Is that our job? Really? That's what this does. That's what 1430 does. 1430 is an effort to circumvent the voice of the voters It is running legislation to cut the knees out from underneath a ballot measure before the voters have had a chance to even see it on their ballot. I don't like the front-range passenger rail. Maybe we should run a bill right now to cut the knees out from underneath front-range passenger rail before it's had a chance to be approved by the voters. That's going to be on the ballot. Is that our job, to cut the knees out from underneath the voice of the voters on that? I don't believe it is. Yes, if 175 passes and 1430 does not, we are going to have a budget mess on our hands. I understand very clearly that there is no new budget funding mechanism that's being discussed. I understand very clearly this money is going to have to come from somewhere else. I understand very clearly what the biggest two budget items are. It doesn't necessarily mean that that is going, we need to stop the false narrative. It has to come from that. It has to come from the big pockets, but now we have to ask ourselves, why have those pockets grown so large? Exponentially so. At least one of them. At a 9% clip. Triple the rate of inflation. Is that something that needs to be addressed? I believe the voters are saying yes. Because we think, the voters are saying through 175, we thought that we were funding roads. We thought that we were doing this. What are you talking about? That the money that we've been paying is actually not going for what we thought it was going to. We would like to ensure that this money is going to where we were told it was going. That creates a budget hole. Guess what, folks? We're already in a budget hole. Joint Budget Committee will come up here on either side and tell you we're already looking at about a billion dollars for next year. We are in that budget hole. We're not fixing it. We're patching it. Just like growing up in Lakewood, Colorado, there are only too many goat heads I could take to that tire and patch it before I finally had to just replace the whole thing. We've got to go back to the drawing board. We've got to reprioritize the way that Colorado voters are obviously sensing like they're going to. It's obvious that they want to tell us to reprioritize, otherwise I wouldn't be standing here talking about this. And surely the bill sponsors would not have wanted to come up here. They don't want any way to have to do this. They would not be here asking us to consider this bill. We're being asked to reprioritize. The voters are begging for us to reprioritize. I know it's a difficult decision, a difficult discussion to have. But I do not believe, irrespective of whatever the ballot measure is, irrespective of whatever bill we're talking about here, I don't believe that it is the job of this House, of this General Assembly, to work to pass legislation to eviscerate the funding mechanisms of a bill, or I'm sorry, an initiative that the voters have yet to even see. We're way out over the tips of our skis on this. And we're trying to silence the voters. I would say please consider that. Please vote no.
Representative Sirota.
Thank you Madam Chair I just I feel this point needs to be reiterated over and over again The voters with Initiative 175 are being asked a very narrow question, which is, do you think it's a good idea to fix our roads? Well, I don't think there's anybody out there who doesn't agree, yes, we should invest in fixing our roads. And in fact, I would submit, we have been doing that. We, over the last several years, this General Assembly has put hundreds, plural, of millions of dollars reinvesting in our road and bridge infrastructure. We're doing that. I recognize that it is not enough. I recognize that we still have infrastructure in disrepair. But we also are somewhere at the bottom of the list in terms of funding for teacher pay. We are somewhere at the bottom of the list for investments in higher education. We are not able to meet the needs of Coloradans when it comes to funding our child care assistance program. thousands of Coloradans because of the actions of Congress due to HR1 and the failure to reauthorize the premium tax credit for health insurance are going to lose access to their health care because they can't afford it or because the government has set such hoops to go through to purposefully ensure that people are disenrolled So we are not fully meeting the needs of the people of Colorado in so many different ways. But Initiative 175 is asking a very narrow question about whether or not Coloradans think that we should invest more money to fix our roads. That's a simple question, simple answer. But it misses the rest of the equation. And if you actually ask people, do you think that we should defund our education system? do you think we should defund our health care system in order to pay for those roads? Well, I think then people get a different, you'll get a different answer. But that's not what that ballot question asks. But we here in the General Assembly have a responsibility to deal with that, and that's what we are doing with this bill. Over and over and over again, we ask the proponents, where should that $700 million come from? No one can answer the question. And my colleague from Douglas County also said the same thing that the proponents of 175 have said, is that we'll just have to figure out, and it doesn't have to come from education, or it doesn't have to come from health care. But if our budget is actually made up of a third going to Medicaid and nearly a third going to K-12 education, that's where it's going to come from. You can't reasonably take it from the whole rest of state government. We would just defund the Department of Agriculture. I don't think anybody wants to do that. So nobody can come up with an answer as to where this $700 million would come from. But we're telling you where it will come from, and we don't believe that that is a choice that our constituents would actually have us make if they had the whole question. But they don They have a very narrow question and a special interest with deep pockets who will work to ensure that folks are only asked that very narrow question We are taking the very responsible path to try and explain this is where
that cut will come from and prevent that from happening. Representative Richardson.
Thank you, Madam Chair. You saved me from signing a card. Providing for our state highways, their maintenance, their construction, the safety of our traveling public is a role the government, our government, this state has to fulfill. So, yeah, these are hard decisions. And where do you get the money? Well, the reverse of that is true. How long are we going to under-resource our roads? Until I-70 is gravel? That's not an option either. Heard HR1 again. when we didn't like what happened, but somehow we found the money. Now we're facing a ballot measure where the people may demand that we prioritize putting money to roads. And we're saying now there's no place to get the money. But if I can remind you, we found money to balance this budget by selling tax credits, not something I was fond of, Tapping into our reserves, not something I was fond of. Taking money from the unclaimed property trust fund, principal and interest, not something I was fond of. Doing a workaround to credit ourselves for future TAVR refunds, absolutely not something I was fond of, but something we were willing to do to meet the state's priorities. So I'd ask you, what are we willing to do to make the people's priorities a priority in this house. That's who we work for. They're frustrated. As a legislator, I understand why this bill was brought. As a citizen, I know that our roads need help. As a taxpayer, I don't really like the answer is if you devote, if I vote to devote more money to our roads, then we're going to do an end run with this bill to take money away from going to the roads and also reduce monies under the Tabor cap so you can also keep my refund. I mean, it's just bad news all around. And again, I think we all see where this is going to go. There are two potential ballot measures. One is referred, has to work its way through this building. The other has got signature collection going on. The one for road funding asks people if they would like the money they're paying to go to roads to go to roads. That's really an easy yes, and it's an easy message. It may not be a complete one, but I don't think if people have been paying attention over the years and the repeated ballot measures that have gone out to support school funding and have failed, that people are unaware that school funding is tight as well. Certainly there's a lot in the news about Medicaid costs as well. I think the people of the state are a lot more informed than give them credit for. The other ballot question will be, would you like to give up your TABOR refunds forever so we have more room to collect revenue and spend a portion of it on schools and tuck away the rest for under a fund title that will probably change or have many, many, many other uses added to it over the years if there's money in it. That one will probably fail. That's why we're focused on this one. I do think this is preemptive. I don't like special sessions. They've become much less special over the years, but to speak before the people have a chance to I don't think is right. The measure is constitutional, and that would definitely put the legislature in a bind, and that's maybe our perspective looking outward, but I think it was very purposefully made a constitutional measure because the people have been watching this chamber, this building for many, many years and realize that we're not going to make good on our promises and the best they can do is lock funding for roads into the Constitution. It's not elegant. It's not the best way to approach this, but I think it's going to happen. I think this bill is premature. I understand very much so that if it passes, it's going to disrupt us in the middle of a budget year, a very painful one, and in the middle of building another as we start into building a budget for the following year. But maybe the best way to address that would be to recognize that it may pass and figure out how we would deal with that one year's, that one half year's lack of funding. I suggested on the bench that maybe we'd look at taking down the state reserves a little more. That's very risky, but it is a source of money that we actually fully own and have control of, and it would get us through that half of the fiscal year where we're building the budget for the next year with a set of priorities that have been given to us by the people. But this bill doesn't do that. This bill just simply says, go ahead and vote for more money. We'll make sure that no more money goes to roads. And in doing so, we're also going to move some revenues out from under the Tabor cap. So we'll punish you further by withholding potential Tabor refunds. I don't think it's the right bill. It's certainly not the right time, and I would urge a no vote.
Representative Guilty.
Thank you, Madam Chair. First, let's understand what the definition of preemptive is. Preemptive refers to an action taken in advance to prevent or deter an anticipated situation or action. It means acting first to stop something from happening, and in this tense, it's the vote of the people. Often by controlling the situation beforehand. And this bill means to do just that. By voiding the vote and the voice of the people. Second, my colleague said we're in a budget hole. I disagree. It's a crater. Because no one knows exactly how to budget in this place. Nor does this assembly know how to prioritize. I personally offered million million in easy cuts during a long bill And the RJBC refused them all. They chose to do that. I put $74,000 back into the purse of the people, which was voted on unanimously by this body and unanimously by the Senate. But yet again, the JBC reversed it. They gave it back to the governor's gardening fund. So give me a break. Then using K-12 as a threat chip is very typical. using the children of Colorado to skirt responsibility. Third, let me tell you why I am in absolute opposition to this bill. Let's get to what it really boils down to. At its core, this bill is not just bad policy. It's a direct affront to the rights, to the choices, and the intelligence of the people of Colorado. We serve here at the consent of the people of Colorado. Our job is not to outmaneuver the people, not outsmart them, and certainly not to override their voice when it becomes inconvenient. And yet, that is exactly what this bill does. Coloradans have been clear time and time again that they value their ability to make decisions about their own money, their own lives, and their own future. They expect transparency. They expect honesty. And they expect that when government takes their hard-earned dollars, it does so with their knowledge and their consent. This bill violates that trust. It takes money from the people, money they earned, money they budgeted, money they rely on, and it redirects it through mechanisms that are anything but straightforward. Call it a fee. Call it a program. Call it an adjustment. The reality is simple. If this government is taking more money from the people without clear, honest consent, That is not good governance. That is a form of theft. And what makes it worse is how it's done. This bill is structured in a way that masks its true impact. It relies on complexity instead of clarity. It asks the people of Colorado to accept something they would likely reject if it were presented plainly and honestly. That is not transparency. That is deception. Absolute deception. We should never be in the business of tricking the people we represent. We should never pass laws that depend on confusion to succeed. And we should never assume that the people of Colorado won't notice. Because they will. And I know I will make sure of it. And when they do when they do see that damage is not just financial it is a loss of trust It is a signal that their voice matters less that their choices can be worked around and that their government believes it knows better than they do That is an attack and an insult of their intelligence. The people of this state are not naive. They understand fairness. They understand accountability, and they understand when something doesn't add up. This bill does not add up. It undermines choice. It sidesteps the will of the people. And it takes their money in a way that is neither honest nor transparent. This bill is a threat to the people. Saying, if you dare pass ballot measure 175, if you dare pass it, this body will reverse what you voted for. That the people's vote doesn't matter. Doesn't matter squat. Let that sink in. This bill should be deemed illegal. Every voter in Colorado beware. The only shame is this bill. We can and we must do better than this. If we believe in representative government, then we must respect the people we represent. If we believe in rights, then we must protect their ability to choose. And if we believe in integrity, then we must be honest about the cost of what we pass in this chamber. HB 26-1430 fails all three, shamefully. For the sake of the people of Colorado, their rights, their choices, and their trust, I am urging, I am asking for a no vote.
Speaker Pro Tem.
Thank you, Madam Chair. It's an honor to serve with you.
Ditto.
Members, I want to address a couple points. First, I hope, I truly hope that folks are paying attention to what we're doing here today. And I truly hope that your constituents ask you about 175 and 1430. And here's what I hope you can say. I hope you're able to say that when it came down to it, you deemed cuts to education to be absolutely devastating to our communities. That you understood what we heard in committee yesterday, that if you fill a pothole only to close a rural hospital, you have not achieved your goal. And if you drive up tuition across our state for a binary choice that the voters are being presented with that does not capture the entire complexity of the situation, then we have not done our jobs here. There was words thrown out like theft and integrity. I reject that characterization of our work here. You should, too. We might disagree on policy, but I will not have our work here categorized in such a manner I also heard that this takes the taxpayers money Friends, a read of the fiscal note shows you that it actually reduces taxes and fees on the average Coloradan, not the least of which, given the prices at the pump, include the gas tax and the special fuel tax. That actually might be a relief that folks are looking for, even though I disagree with why we're having to do that. There's no additional revenue in 1430. What it does do is protect core services that your constituents will continue to rely upon. So there's a false choice presented to you. My ask is this. What will you say when your constituents say, why are they cutting health care in my community? Where were you in that moment? Why are they impacting education funding when we just passed a budget? Where were you in that moment? This is not a question of integrity. It is a question of how we will respond when core services that people will continue to rely upon in our state are threatened by outside-the-building initiatives. What people are being asked when they are asked to sign that petition is simply this. Would you like to fix roads in our state for no additional taxes? Heck, I'd sign that. But now if you ask them the full question, would you like to go to a four-day school week as a result of that signature? Would you like to have clinics in your community closed? Because the emergency rooms will stay open. But would you like to drive four or five hours to deliver a baby? Because our health care providers have already taken a painful round of cuts this budget cycle that we agreed we had to do. The issue is much more nuanced than what the voters are being asked. But what needs to be said in this chamber is what we will do to protect the priorities that we know people in our community will rely upon. That is what 1430 does. And so respectfully, I would ask for a yes vote.
Representative Keltie.
Thank you, Madam Chair. And let me respond. Listen again. during the long bill I offered $120 million worth of reasonable cuts across the board that didn't have anything to do with education had nothing to do with affecting hospitals had nothing to do with what the sponsor just said that just came up here and talked about none of that those cuts had anything to do with any of that but yet they were still turned down because by gosh how dare we how dare we actually try to have an input on the long bill, as we all should be part of.
The fiscal note is very deceiving. It's more deceiving in the point where this bill is actually going against the voice and the choice of the people. That's the most deceptive part. It doesn't mention the core programs, the pet programs. But the people would reject if that was on the ballot, the people would reject to if it were allowed. But it's not. It's done by a select few. And that's the shame. This bill is how they will respond if the people of Colorado don't vote how they want you to. Ballot measure 175 is a simple question. It's a simple question that says, what do you, the people, want? And how you vote is how you vote. What you want to do with that vote is up to you. But you should not be taken into a point where you're going to be threatened. well if you vote this way this is what we're going to do we're going to negate it and that's exactly what this bill does so either people want good governance or they don't and I believe that they do and this bill violates violates the voice and choice of the people thank you
Speaker Pro Tem Basinecker
Thank you, Madam Chair. Just to put a finer point on the $120 million figure that keeps on being thrown out, it gets you some of the way there. If you look at the fiscal impact statement to Initiative 175, however, you've got quite a delta still. You've got up to $1.02 billion in state expenditures that are impacted in 26, 27, up to 27 and 28 in the out year and continuing at $2.09 billion in state expenditures. $120 million. The post-cash board cash fund generated $5.8 million. That is impacted. Emergency medical services account, that was $11.6 million. The air account is $9.7 million. The license plate cash fund is $12 million. The Multimodal Transportation and Mitigation Options Fund is $15 million. Electric Vehicle Fund, $4.3 million. The Drives Fund is $64 million. You're looking at quite a delta between $120 million and $2 billion. The bigger question, however, isn't the delta. It's the prioritization. Do we defund post in our state for that initiative? Do we defund the DMV in our state for Initiative 175? Because I also think people in our communities care about public safety. And when you're defunding POST, I really don't think you even have to draw much of an argument to see how that impacts public safety. immediate impacts to state patrol and the brave men and women who work every day to be able to keep our state safe we can have a conversation about prioritization but quite frankly initiative 175 and the way it does this impacts in the current budget year and future budget years doesn't give you that ability it simply says that above all of these things we're going to dedicate a new amount of general fund and cash fund dollars to a very narrowly defined understanding of what road construction should look like in our state. That is not, not how we can budget in the state of Colorado. Every dollar has a trade-off. And we can debate that system all day long. That's not why I'm here. the reality of how we budget in the state of Colorado means that there is no world in which 175 wouldn impact things that your constituents care about and I think that the story that I will continue to tell as I talk to my folks in my community Representative Guilty Thank you, Madam Chair.
And I would just like to point out, the ballot measure 175 says, what the money is intended for, it shall go to. And if that's what the people want, that's what they vote for, that's what shall be done. Thank you.
Representative Flannell.
Thank you, Madam Speaker, or Madam Chair. I understand what the bill sponsors are concerned with, but here's my issue. This bill says that citizens aren't smart enough to know what's best for them. Voters are being told you can pass your initiative, but don't worry. The legislator already has a backroom workaround ready to blunt its impact. This is a direct insult to the judgment of the people we serve. It says, in effect, we know where you want your tax dollars to go, but we're already planning to undo it. This bill is a preemptive veto of the people's will. Instead of engaging with citizens' frustrations over congestion, crumbling roads, and broken trust around transportation dollars, this bill protects the status quo. If you believe in the ballot initiative process or if you have ever encouraged your constituents to get involved, to sign a petition, or to show up and vote, then you can't support a bill that is drafted as a backup. You also can't say your voice matters and then say we've already planned around your voice because you don't know any better. Supporters of this bill will say it's about avoiding budget chaos and it's about stability and responsibility. Stability should not become a code word for sidestepping the voters. Responsibility should not mean writing laws that assume the people will make the wrong decision and that we must quietly correct it in advance. If we are concerned that a citizen's initiative may have unintended consequences, then our job is to make that case to the public, not to take the sneaky approach. It is not our job to quietly pass bills with mechanisms that nullify a future vote some of us happen to dislike. The initiative process is the people's legislative power, and it takes away that power. My constituents' voice matter. Your constituent voices matter. And we are here to serve their interests and represent them. When they say they want more certainty that their transportation dollars will actually reach transportation products, our response should be to listen, to debate, and if we disagree to persuade them openly not to construct a bill that tells them that they're just not smart enough to understand the consequences of their own choices. For that reason, or for the sake of a genuine partnership between this body and the citizens that we serve, I urge a no vote on this bill.
Representative Taggart.
Thank you, Madam Chair. a couple of points. A budget by its nature is preemptive. Does everybody understand that? A budget by its nature is preemptive. And if you don't believe that, for those of us that have done budgets, and I think I have a little bit of expertise as compared to what was said to me in this area, that we don't know how to budget. You don run a multimillion international company and not know how to budget Budgets are preemptive And that's one of the reasons that we, when we create budgets, we create assumptions for those budgets. And then we analyze those assumptions as the year goes on. What we're doing, in fact, right now, is making the assumption that 175 will in fact pass. We're not saying to our voters under any circumstances that they should pass 175. There's not a single person that has come up here and said, we are going to say we don't want them to pass 175. That's up to our voters, not up to us. But we have an obligation to those same voters to take action, whether you believe it's preemptive or not. I don't happen to believe it is, because we're within two months of the 26-27 budget year. Two months. and if we make the assumption that 175 may pass, we have an obligation to the citizens of this state to take action. And that's what 1430 does. Now, if you don't want us to take that action, my name, by the way, is not on this bill, if you don't want us to take that action, then get prepared to come back here in November. for a special session, because we will have to make modifications at that point. I want to remind you of some of the criticism that took place in the 26-27 budget long bill that we just presented. We had to cut almost $350 million out of Medicaid. Let me repeat that. almost $350 million. And I remember sitting on that bench taking criticism of IDD, taking criticism of PBT, taking criticism of provider rates. Well, if we have to come back here in special session, what do you think is going to happen? We also are taking criticism, and rightly so, from our educators in K-12 that we could not do anything out of the general fund this year in terms of increases. It's all coming out of the state education fund to the degree of about $250 million. We know full well doing that that the state education fund is heading for a cliff. If you don't know that, you should know that. It is heading for a financial cliff. So if 175 goes through in a special session, guess what? We're going to be talking to you about cutting both general fund and potentially state education fund for K-12. Well and let me remind you something When we come back here in special education or for a special session there be 25 at least of us that will not be here the next two weeks later or a month later. Is that what we want? Or do we want us all that are here today to be tackling this issue? and I'll finish by this statement. I come to this chamber as both a JBC member and a member of my caucus and a member of 65 people with the honesty and integrity that was brought to me by my family and by my religious background and my friends. I will not accept somebody telling me I'm deceptive. That is getting at the core of who I am. There was nothing in the JBC process that was deceptive whatsoever. You may not agree with everything we recommended, and you may not have gotten everything you wanted, and I sure didn't get everything that I wanted. But that's the process of being 65 people in here and six members of the JBC. I will not tolerate being called deceptive. And I will say, when there is a ballot measure, and that ballot measure is very focused, one of the obligations we have as a group is to say there are consequences to being that narrow. And 1430 touches on that. Thank you. Representative Johnson.
Thank you, Madam Chair. And I'd first like to start out with the great work that our joint budget committee members do.
balancing the budget and handling the budget of Colorado is no small feat. And I understand the stress and the frustrations and the tears that you guys work through. What we're also looking at is when the people feel their voices and heard in this body by the collective, not pointing out JBC or anyone, but as a collective, when they've said repeatedly, roads are one of our top priorities. I can speak strongly for House District 63, the counties of Morgan, Logan, Phillips, Cedric, Washington, and most of Weld County. One of the top priorities is the roads. I get a text message or a call daily talking about someone who just had more car damage. Weekly from my first responders or family members on another one who's gone to the hospital because of a wreck on the road. And unfortunately, there have been many deaths this year due to the potholes and the poor conditions we have on our roads. So when we talk about health care, we also need to look at the public safety. And we've been talking about public safety and where do we balance and where do we cut. And, you know, I think the reason that the ballot initiative is so narrow are the people are finally saying we need guardrails. We want this to go to roads. Back in 2020 or 21, we had a huge budget set aside for transportation. rural Colorado got a good portion of it unfortunately the portion that we got went to electric vehicle charging stations bike lanes it didn't go to the potholes or the lane expansions that we direly need so I understand the narrow scope of the ballot initiative saying the People are talking and we don't want this to go to transportation as a broad. We want it to go to road conditions as a narrow. Last year we were 47th on the road conditions of the nation. Bottom list. This year I think I read we're 48th. Our road conditions are getting worse. We don't want to be 47th, 48th on a list on who has the best roads because that means we have one of the worst. I am speaking for House District 63 when we say roads are a priority. And we understand that we need a balanced budget. We understand we must fully fund education. But at the same time, we also must make sure, when we hear about talking about the people's dollar, everything we use in this body is through the taxpayers. That is how government works, is through the funds of the people who told us to come here and work on their behalf. And colleagues, we might disagree on what the ballot initiative, if it's too narrow, not narrow enough, if these are where we want to put the funds. But that's why we're elected by our communities. 65 districts that we can go and talk with our community members and explain what the holistic of this will mean. That it will mean that we have to pull funds somewhere. That it does mean we have to balance. And that's our job to communicate to them. Because the works of government, the workings of how we do a budget, is confusing. Our jobs don't end on Sina D'Eye. It continues when we go and talk with our community members in town halls and we share them what's happening. Their duty is on us to tell them what this means, but the duty is also to respond when they tell us directly through a ballot initiative that may or may not pass, not telling the people of Colorado which way to go, but if they do something, by the majority of Colorado, it means we are obligated to listen to them because we're supposed to be their voice, not their controller. And it is going to be a hard time, but I know for House District 63, we've repeated years and years, and predecessors before me, It has been something that we've been begging the state is for infrastructure dollars specifically for roads to fix our crumbling roads that are leading to wrecks, deaths, damages upon infrastructure. It's what causes our freight sometimes to go up because when their freight gets damaged, that cost then goes on to the transportation of food, into the groceries. When we see first responders responding because another loved one has been hurt or worse, that's because of the roads. So there is a holistic thing that I think we need to consider, but at the end of the day, I just urge all of you to please, after we end the session next week, our jobs don't stop. Our jobs continue to go talk with our people and make sure they're fully understanding what a ballot initiative will do, and they fully understand what's happening, but then we have to listen back. Thank you.
Representative Richardson.
Thank you, Madam Chair. I know repeatedly we've heard up here today kind of the would-you-rather question. If we're going to fund this, what aren't we going to fund? And it's a little too late to be asking that question because it's not been asked for the last 20 or so years as our transportation dollars and the monies that get devoted to our road networks have dwindled. somebody's made that decision it wasn't publicly made at this podium we didn't decide that was the trade-off but it's become that I don't fault our JBC their job is to find money to cover the costs of the bills that we pass in this house there a whole lot of things that are not core services that we continue to fund from this building Those don't get asked about. We're being asked to pit core service against core service. I don't think that's quite where we should be having the discussion, but it's the discussion we're having today. But just if you're tracking, in Colorado spends roughly $69 per person for transportation today. That's down from $125 per person in the 1990s. If that trend continues, we'll be down to about $41 per person in the next 20 years. But I would dare say that we are spending more per pupil on schooling than we were in the 1990s. We're certainly paying more per person in medical costs than we were 20 years ago. And inflation hits all areas, but that per person spending in the state on the transportation side has gone down. So decisions have been made. Trade-offs have been made. And now we're being asked again, if you fund this, then what else aren't you going to fund? Well, this is the thing that hasn't been funded. while all others have continued to be. Gasoline tax is cut in this bill, and it's nice to cut taxes, but we haven't seen an increase in our gas tax since 1991. 22 cents is what it's been. That's almost the purchasing power that's cut in half with inflation, and now this bill is going to cut that. So CDOT's been telling us that they're about $350 million short each year and what they just need to keep up with the pavement we have. They're not getting that. The decision, the trade-off's been made repeatedly in this building, and transportation has been on the losing end of that every time. It hasn't been considered equally with the other core services that have been talked about. it's probably time that the people do point out that they want this service taken care of at least on equal footing with the rest. And then to bring a bill that says, you know, it may not be preemptive, but it's certainly set up to nullify any vote, that if you vote yes, we're just going to cut the funding that would have been going otherwise, and you're not going to see any benefit to what you voted for. And that's just not right. And this is painful and it's frustrating because we don't control what people put on the ballot. We can balance bills against bills in appropriation, but if we're told from the outside that we've got to make this spend, that gets frustrating. It's as frustrating, I'm sure, as it was to some folks when H.R. 1 came down, and externally we were told you weren't going to get revenue to be able to spend. So the frustration is real, but the solution is what we've got to be working for. And the solution can't be before you even vote, we're going to tell you that if you vote yes, your vote will be meaningless. And if you vote no, perhaps the can will get kicked down the road some more. I look at this as certainly not the best solution that this state could have, at least the ballot measure But it a forcing function to force us to do the job we should have been doing as a body for a long time And that not just budgeting year to year It's recognizing that there are priorities in this state that have to be addressed and have been left unaddressed for decades. That priority is our roads. Every time there's been a chance, funding for our roads has come out on the short end of the stick. That's just become absolutely recognizable to everybody in this state, and I think our voters are going to confirm that this fall. But this bill doesn't fix the problem that's been identified. It just fix a budget.
Representative Pero. All right, Assistant Minority Leader Winter.
Thank you, Madam Chair. I appreciate it. Colleagues, we've heard a lot of discussion around this today, and we're in a tough predicament, and there's no doubt about that. I was waiting for my bill to come up yesterday in committee, and I was able to listen to a lot of this. And actually, we're in a really bad spot all the way around. I think speaking, I'm trying to, I hate to use the word, down the middle of the road on this. I don't think either side is wrong in their assessment either way. I think this is just a tough spot for legislators to be in, and that's what we got elected to do, is push the red or the green button. I know there's times everybody in here wishes there was a I'm not sure button, but on this one there isn't. Some of my colleagues have got up and talked, especially from a rural perspective. When we look at roads, roads are huge for commerce for us. We don't have the storefronts that you all have. Most of our stuff is exports and imports in and out of our districts, whether it's agricultural goods or pass-through that we see even through our communities, just getting truckers to stop and put gas in trucks, spend a few dollars in a community. So roads are really important for commerce in our districts, and that's why rural Colorado always gets up here and battles so hard for our roads because they are our lifeblood as we see our main streets start to dry up and we see things start to happen. Roads are ultra-important for us for that commerce and then for us to be able to get our crops in and out of fields, get cattle to move across the state. And I hate that we have the discussion all the time, and I think I'm fair about this all the time, talking about trying to not beat each other up too much but choosing education over choosing roads, I don't think that there's anybody in my caucus that would stand up here and say that they would want to choose roads over education. And I'll speak for them when I say that. I would guarantee that 100% of my colleagues wouldn't get up and say they would want to choose roads over education one bit. And I don't fault the JBC either when it comes to what they have to deal with because the good representative from the Western Slope, he's basically a businessman, and he's appointed to the JBC to sit down and look at the state like a business. And it's hard to make those business decisions within the JBC, and I 110% commend the job that they do. And I don't agree with everything that they do, but I could only imagine the pressure. Look at the pressure we have as legislators and then add the amount of pressure that the JBC does to try to juggle 100 different personalities in this building, juggle the state budget, juggle the outside pressures. I could only imagine, and I commend them for that. and I think we're talking about the initiative and the problem it's going to cause and that people are only going to have one decision and I think when it comes to signing the petition, I agree with you, but at the end of the day, I think all of us know in here the millions and millions and millions of dollars that are going to be spent if this does make the ballot, which is going to lay out the case either way. We've all been in politics long enough to know that if this does make the ballot, we should start a pool to see how many millions of dollars are going to be spent making this argument to the voters of Colorado So I just want to lay that out to level set that I don think that people are going to go to the ballot and just see roads Any of you we don have a whole lot of time to watch TV but I seen enough political ads already in the last month and a half to make me want to throw the TV out the window. And I think we're going to see a lot of ads when it comes to voters making a decision on this. So I don't think that the voters are going to make a decision based off of a single issue. And what it comes down to is at the end of the day, the voters will decide because it is a force mechanism, like my good colleague from Albert County did say. This is a force mechanism, and we've seen that with a few other ballot initiatives that have been on in the last couple years. We all went through a special session where essentially this building was locked down based upon a ballot initiative and a grand compromise that was struck, and we did that in a special session. So this is a force mechanism of the people, but I'm also very consistent when I get up here and say that I think that there's times that we don't have our priorities lined out I think that there's times that we over commit we overspend and we really have to take a hard look in the mirror what our priorities are and I think that there's wants and needs and when I was raised you know my parents said there's the wants that you have and there's the needs that you have and I think somehow we've blurred those lines of wants and needs. And you can't give from a cup that's empty. And that's a term used in rural Colorado all the time where you can't squeeze blood from a turnip, but you can't give from a cup that's empty. So even though people come with the most extreme situations, and I know that everybody in this building has a heart for their constituents, and there's days that we vehemently disagree in this building, but I would say the majority of people come here to represent their districts, and that's what you're elected to do. But sometimes we have to step back and look at our constituents, and I think especially for myself and my colleagues, there's a lot of times we have to go back to our constituents and say these are issues that you wanted to prop up, these are the things that you wanted supported, and guess what? We tried our darndest, but we couldn't get them done. The math isn't there for us. The math don't math. I think what's important is, I said this the other day, is there's going to be a time when now you're going to have to go to your constituents and have those hard conversations with them, just like we have to every year when we go home. You're going to have to look at your constituents and say, the math don't math, and we don't have the money. And it may be a want, but we've got to take care of the needs. And this will self-correct by the voters, and it won't just be this ballot initiative. I think that yesterday when I brought up that supermajorities aren't a good thing, and I had colleagues on this side of the aisle shaking their heads and agreeing with me, because I think good policy comes from give and take, and unfortunately there doesn't have to be a lot of give and take. I think there's been relationships built in this building where there is give and take, but I think when we get down to certain policies, walls are put up, and that's just what it is. That's personalities, that's politics outside the building, whether it's national politics or state politics,
and it's unfortunate because if committees were a lot closer than they are now, where legislators had to say time out, we're going to sit off to the side, and we're really going to work on some amendments that, like I say all the time, Maybe both sides won't be happy when they leave the table, but it would probably be best for the people of Colorado. And it will self-adjust. The voters will self-adjust. The pendulum will swing. Because if the initiative does pass and it puts us in a bind, at some point people are going to start digging and say, well, why are we in this situation? And I think they're going to see that there's been overspending, overcommitting. The priorities have been in the wrong place. and then you're going to start to see voters years on out after that they're going to be not just voting on ballot initiatives, they're going to be voting on Legislative bodies, and I hate that we're in this position. I think that the hardest part for me is this is my fourth year here, and it's just so ultra-convenient to blame H.R. 1 for everything that this state's facing. It is. It's ultra-convenient to jump up here and jump on that horse and ride it as far as you can, but these problems weren't born in a year and a half. That's like getting paid at the first of the month and going out and partying and spending all of your money, and then a bill coming in late at the end of the month and you going, oh, my budget was fine until that bill hit my bank account, and now that's the reason that I blew my whole budget, and I just don't think that's fair. I don't think that's fair to people that are trying to take their jobs serious, and I don't think it's fair to people outside of the building because there is more to this narrative than H.R. 1, and I know politically it sounds great for some, but there is more to this narrative. You don't just blow a whole state budget up in a year. Why are we even in the position for this to blow us up in a year? So I just wanted to lay that on the record, that there's just a lot that goes into this, and I always have fair discussions and fair conversations. And, you know, the back and forth isn't what the people of Colorado want, that one group's choosing roads over the other group that's choosing kids, and somehow that makes either group of people bad. I think what it comes down to is we need to, like I say all the time, sit down and have real discussions about give and take. But until the voters self-correct the situation or rectify the situation and change the overall numbers and the makeup of things, this is just how things are going to go. But I have faith at some point people are going to want more balance in this state, and I sure hope that they do. And I think that for the last three years or four years, a lot of my colleagues and I have tried to insert that balance into this state, and the math don't math for us. But one day we're laying the foundation for when the math does math. And one day we're going to get to dig into the books a little bit. And then hopefully a lot of myself and a lot of my colleagues are vindicated for some of the things that we've said in this well, because I think that there's a lot of truth to those. And to be disregarded and pushed to the side, whether it's in committee or in the well, is really unfortunate, because there's a lot of knowledge on this side of the room, too. There's business people. There's people that have been county commissioners. There's people that have run multimillion-dollar corporations. There's people that have worked in the agricultural section and been teachers, military. Real estate, I mean, there is a swath of knowledge on this side, and I think that it's untapped. I really do think that it's untapped. So I just wanted to put that on the record. I know this is going to be a tough vote for people. I know everybody's going to have to get up here and press that button at some point. However you vote, you have to go home and explain to your people. But I just, I think that it's worth having the conversation of the background of what might have got us here and how we can move forward in a way that benefits all 65 districts in a way that benefits all 100 legislators in this building. Pushing people around don't fix policy problems. Stonewalling legislators don fix policy problems Taking everybody perspective and knowledge means something So I appreciate your time Thank you for those that listen
Representative Zegraff.
Thank you, Madam Chair. Referendum C permitted the state government to retain any TABOR funds for five years, apply the retained tax revenue to education, transportation, health care, retirement for police and firefighters. The action reset and raised Tabor for subsequent years, but the oft-repeated promise that the passage would provide a source for sustainable transportation funding never materialized. Since 2006, the state has retained over $37.2 billion that would have otherwise been liable to refund. Almost all of it has gone to education and health care, a mere 0.15% to transportation, an appallingly low number. Ironically, far more money has gone to provide for various other programs. Great programs. Not necessarily how they were intended. So let's see. What happens any time? What are these priority funds always? It's always for the children. It's always law enforcement. You know, we just had a ballot initiative, or we just had a bill earlier, not long ago, yeah, 26, so this year, 1084, on ballot measures, that the citizens were, if they had a ballot measure, they were required to find the money. And now what, so what do we come up with? What is the proposal? Oh, well, if you want money for roads, it's going to come out of your health care. It's going to come out of your education. education. It's going to come out of law enforcement. It's not going to come out of the HickPuff $285 million that was identified in a federal audit or the $78 million or the $25 million in ride share. Tens of millions of dollars of wheelchair rider fraud over 10 years in 10 different counties. I'm going to guess that the citizens would be okay with you taking money out of the fraud department of the Colorado General Assembly. But I think earlier this year, or if not today, we had like something that just basically limits the audit. So what do we do? We do like California, and the way you handle people finding all this fraud in the budget is you make it illegal to look for fraud or make it impossible. So where else could we fund all these things instead of coming up here and saying for the children, shedding a tear and listening to the music? Well, let's see. CDOT gets between $1.7 and $2.3 billion per year. $1.7 to $2.3 billion per year. And of course, so what would this money for the roads go to? Oh, it would go to CDOT to fix the roads. But maybe the citizens of Colorado would like to know that $127 million per year goes for electric buses, transit, decarbonization, Emissions reduction projects. Do you know what those accomplish? Zero. They cost $127 million per year. What they accomplish is zero. Now, even if you believe that CO2 is the driver for the 33 degrees that keeps us from being the average lower that we would be, 100% of that, 100% times the 33 degrees Celsius, just call it the entire thing is responsible. And then you take the 0 billion tons that is generated by Colorado in the purpose of the economy and I don know doing crazy things like staying alive Because it takes energy to stay alive. And you divide that by the 3,300 billion tons of CO2 in the atmosphere, and even if you believe that carbon dioxide was 100% responsible for that 33 degrees Celsius, you could accomplish maybe 0.00125 degrees Celsius climate reduction. If you did it for the entire globe and you spent trillions of dollars, kind of like the CDOT is spending $127 million per year to do what? Accomplish nothing. $40 million would be a 0.4 degrees Celsius. The globe passes through that. You pass through your day every single day, every hour of every day. You pass through that every half an hour of every single day. But that's only one area. That's only decarbonization. Well, let's talk about air pollution mitigation and ozone reduction. Oh, that's buses. What are the buses going to accomplish in terms of ozone mitigation, CDOT? We don't know. What are your metrics? We don't know. We don't even know how to make those metrics, but we're going to charge you $24 million per year. What will it accomplish? Nothing. Air quality compliance, transportation mitigation. What have all these accomplished? Nothing. Are these on the table? Did anybody talk about bringing these on the table and saying, hey, maybe we ought to stop for one year and fix the damn roads? No. $86 million per year specifically targeted for doing what? Reducing CO2 from road transit. CO2 is the natural result when you turn hydrocarbons into energy, water, and carbon dioxide. You know what happens when you turn hydrocarbons into carbon dioxide in water? Plants love it. They grow. Demand management. What is demand management? Making it so you can't afford power when you need it. Emissions reduction projects. What does that mean? You not using energy. Public safety power shutoffs. Because everybody needs a good blackout every now and again. Thanks, Jared. $130 million, annual transit and multimodal program, transit expansion. Let's talk about that transit because there's this whole other thing, this regional transit. Who uses it? Less than 3%. Let's just call it less than 4%. Less than 4% of the citizens of Colorado. And what are you using that gas tax for? Oh, how about bike transit infrastructure? Have we encouraged a great big, you know, everybody rides their bike to work? No, we have not. It's not feasible for the society that we live in. It doesn't work with the climate changes that are happening on a day-to-day basis. You'll notice it's a lot colder today than it was yesterday. Mode shifts strategies. How do we force the citizens of Colorado into doing what we want? Well, you make the things you don't want more, they don't want more expensive. Structural shift, billions of redirected over time So over time, over this, just for a year We're looking at NCDOT Four projects that will accomplish absolutely nothing For the citizens of Colorado You're talking about $360 million per year I'm guessing that the citizens of Colorado Might like their roads fixed They might prefer their roads fixed But what is held over the tax widgets of Colorado What dangled over your head You are going to lose education funding You're going to lose medical funding. Not that you're going to lose the green superstition funding. This is untouchable. This is untouchable. This is the sacred cow. But we already touched on RTD. so somewhere around $300 million per year. I'm guessing that the citizens would be okay with you spending that money on fixing the damn roads. How about RTD? What is RTD? Reason to drive. Why? Because people are averse to riding on the mobile mugging centers that Jared think would be a great idea for them to take to work to supplant their 15-minute walk. Representative DeGraff, can you get back to the bell,
and would you also watch your language? Sure.
$1.3 to $1.5 billion on RTD, because we're talking about fixing the roads. We're talking about the citizens of Colorado want to fix the roads. They don't want to have the clog, like coming in every morning around exit 194. You get here at the right time, all of a sudden it's a parking lot. Why? Because we're spending money on that other stuff. Why? Because the governor thinks if you put enough paint on the citizens of Colorado, they'll decide that it's worth riding the mobile mugging centers to work. So what do we have for RTD? RTD, $1.2 to $1.5 billion per year, right around the same amount of money that CDOT spends, and that is for what? CDOT spends for all 6 million of us. RTD spends for 3% ridership, which is around 180,000 people. So CDOT spends roughly over $7,000 per rider per year. CDOT spends over $7,000, or RTD spends over $7,000 per year, per rider. and it's doing such a bang-up job attracting that the head of RTD makes half a million dollars per year. I'm guessing the citizens of Colorado could probably find some money in that pot.
Representative DeGraff, to the bill specifically, please. Well, ma'am, we're talking about roads, and we're talking about the sponsors are saying,
well, if we honor, basically, if we honor the road, issue, then we will not have money for all the other things. So I am honoring the previous bill of HB 26-1084 and where the money could come from because it was laid out that the citizens of Colorado are going to have to make tough choices, and the tough choices that were outlined were by the sponsors of the bill, so we are talking about the bill, were things like education and law enforcement. And I'm just saying that you could also take it from the $7,222 per rider per year for the reason to drive. Or the $1.6 billion still needed to finish the remaining rail expansions. Because what do we have overall? What have we gotten for all that money? Well, we've gotten about 10 rail lines, 113 miles of track. Where does that come from? It comes from sales tax. Bottom line, RTD spending $1.2 to $1.5 billion per year.
Representative DeGraff, the bill doesn't talk about RTD. Let's keep it to the bill.
Well, ma'am, I'm just trying to identify where we could take these funds from in order to fix the roads for the citizens of Colorado because they prioritized it, as opposed to the funds that the sponsor has identified, which is things like roads, medical, and law enforcement. There are other options. There are other options that the citizens of Colorado would support. So if you're running the ballot initiative, I'd say take it out of those funds because there's billions of dollars that are being thrown away by the governor. Why? Because the purpose of spending is taxation.
Representative Sucla.
Thank you, Madam Chair. I'll be quick. When I was elected, it was by the people, for the people. This building that we're in right now is owned by the people. It's not owned by us. The people are the ones that own it. And I'll just tell a story of where we can get the money because it said we couldn't find the $700 million. Right after I got elected, what they do for you citizens, if you ever get elected to this position, the first thing they do is they fly you up to Denver, and I call it the brainwashing session. What they try to tell you is that you work for the state and you don't work for the people. And the way they do that is they give you a bunch of donuts and some coffee, they watch their watch, and after you come off your sugar high and you're caffeine high, they try to endocrinate you. But I don't eat donuts, so they didn't get me.
To the bill, Representative Zucla.
Yes. Well, the first thing they did in that school or in that class was they gave us a scenario, and they said that higher education was around $5.5 billion a year, and K-12 was $4.5 billion a year. We're going to use approximate numbers because I can't quite remember, but in my mind it was around an $800 million difference. And we keep talking about, well, the first thing that's going to be cut is K-12, but we never talk about higher education. Well, I know how to double the salary of every teacher from K-12 right now. we're going to take that 800 million extra by law we have to pay for K-12 there is no law saying that we've got to get a higher education a damn dime and I can tell you one thing that I'm sick and tired of is they charge a tuition to the students and then they got their book scam where you buy these used books that the professor wrote and he gets a royalty off of that.
Representative Sucla, to this bill, please.
Let's take the $800 million from higher education. They've got endowment funds. Let's give it to K-12 and they'll be okay for a few years. I don't know. How much did the practice bill for CU cost? $120 million? I'd rather pay a teacher more money. Vote no on this bill. Listen to the people. Fix our damn road.
Watch your language, please, Representative Sucla. Representative Slaw.
Thank you, Madam Chair. I don't think it was a language thing. I think we have roads on dams, and so we need to fix those dam roads as well as all the other roads, potentially. At least that was my understanding based on the language that I'd heard from other representatives. Thank you Representative Slaw for that Clary No problem Anytime I be here all week I this bill this horrible So a few weeks ago I had the distinct pleasure of visiting my Larimer County DMV, where I have my vehicles registered. And outside of that was a fantastic young man named Chris gathering signatures for a petition. And he asked me if I wanted to sign it, not knowing who I was, not that I'm anybody particularly important or anything like that, but I asked him, what's it for? And when he told me it's to make sure that we're directing funds to fix our roads, I said, absolutely, I will sign that, please, and thank you. And we've heard it before many times. Here in Colorado, we don't have a revenue problem. We have a prioritization and a spending problem. We don't prioritize the things that are most important, and roads are one of those things that, as private citizens, we are never going to be able to put together and do ourselves. So we rely on government to be able to do that. And I have lived in Colorado basically my entire life, except I will take a couple caveats. And one of those caveats is I did not go to school here. I went to school in Utah. And I went to school in Utah from 1999 for a few years. I won't tell you because that will make it sound like I went to school forever, but I did. while I was there that was during the time that we were the Salt Lake City was preparing for the 2002 Winter Olympics and I will tell you what never have I seen a state and a Department of Transportation execute a road construction upgrade and improvement project like I did then and in my opinion they have not stopped since then every time I go there and visit family the roads seem to have changed they have grown they are better they are able to handle more capacity and all of those other benefits. And I'm also certain that the state does not have the same revenue that we do here in Colorado. So why are roads lag behind? Well, it's because of the prioritization problem. We choose to spend money on things that a lot of those things, I'll use the example of the Office of Gun Violence Prevention as an example. That's a place where I I don't think we need to spend a single cent, but we are spending money there. Send it to roads. There are probably a hundred other examples that if I went and grabbed my budget book and brought it down here, I could go through that and find a lot of places that we ought to wholesale cut the spending from and direct it to other places. Now, that is not to say that our JBC colleagues don't do their best, but they're doing their best with the policies that we give them. So maybe we need to start looking at the policies that we impose upon the JBC and saying that we must spend this money on doing this thing. Maybe we need to stop doing some of those things, and we need to start focusing on the things that are core responsibilities of government, which would include making sure that we have roads, whether they are interstate regular roads, county roads, state highways, dam roads, which are roads on top of dams, or any of those kinds of roads. Maybe we need to focus on some of those things. They're very important roads. Anyway, this is an overstep. The people of Colorado are speaking, and they are wanting to see roads fixed. I have driven more miles in the last year and a half in Colorado than I would have ever imagined that I would in a single year, given where I have worked and the places that I have gone. And I've driven a lot of the roads in Colorado, and it is amazing to me how slow we are in accomplishing the work that we need to get done, and it has got to be because we are not directing an appropriate amount of money to make sure that we fix all of our roads. Thank you.
So any further discussion on the bill Seeing none the question before us is passage of House Bill 1430 as amended All those in favor say aye Aye All those opposed no No The ayes have it House Bill 1430 as amended passes Mr. Schiebel, please read the title of House Bill 1029.
House Bill 1029 by Representative Hamrick, also Senator Marchman, concerning enhancing representation in higher education by altering the membership of certain entities involved in higher education policy development in the state.
Representative Hamrick.
Thanks, Madam Chair. It is a pleasure to work with you.
Ditto.
I move House Bill 26-1029 and the Appropriations Committee report. All right. To the committee report.
Representative Hemrick. In the Appropriations Committee, we put on L-006.
This amendment changes the status of the two new student members added to the Colorado Commission on Higher Education from voting to non-voting members. While the original bill intended to expand the Commission's voting body, this modification ensures students provide representation and input without a formal vote on commission actions and I ask for an aye vote on the committee report. Is there any further
discussion on the committee report? Seeing none the question before us is passage of the appropriations report to House Bill 1029. All those in favor say aye. Aye. All those opposed no. The ayes have it. The appropriations report is adopted or is passed to the bill. Representative
I move L-005 to House Bill 1029 and ask that it be properly displayed. Okay, give us a moment.
All right, to the amendment, Representative Hamrick.
Thank you. L-005. Members, this amendment is a standard housekeeping measure to ensure our statutes remain consistent because Senate Bill 078, which is also moving through the process, already contains language to remove the student representative from the advisory committee. This amendment simply states that our version of that change only takes effect if the Senate bill doesn't pass. It prevents duplicative language in our laws while ensuring our goal of streamlining the advisory committee is still achieved, and I ask for an aye vote.
Is there any further discussion on L-005? Seeing none, the question before us is passage of L-005 to House Bill 1029. All those in favor say aye. All those opposed, no. The ayes have it. The amendment is adopted. To the bill, Representative Hamrick. Thank you, Madam Chair.
Members, House Bill 1029 ensures that the students most impacted by higher education policy have a direct, meaningful voice in the state's decision-making process. Currently, the Colorado Commission on Higher Education consists of 11 voting members, while students are restricted to a single non-voting advisory role. This bill modernizes that structure by expanding the commission to 13 members and adding two student seats to represent the diverse landscape of our state's institutions. Representative Carter.
This bill matters because right now students are represented only and it's an advisory committee and that position does not vote. Students are the people most directly impacted by CCHE policies regarding affordability, transfer pathways, student fees, program alignment, and the overall direction of higher education. This bill ensures the input is not just heard, but also counted. Specifically, the governor will appoint one student from a four-year or graduate research university and one from a community college, local district college, or area technical college to ensure continuity and expertise. These members will serve two terms and may complete their service even if they graduate before their terms expire. By moving student representation from a secondary advisory committee directly to the governing body where decisions on affordability and student fees are made Colorado joins at least 10 other states in adopting a more fair and student approach
Further discussion, Representative Johnson.
Thank you, Madam Chair, and thank you, sponsors. Having listened to this in committee and did get some feedback from those who testified, especially the higher ed students who are testifying, I move L004 to House Bill 1029 and ask that it be properly displayed.
Okay, give us a minute. Tell us about the amendment, Representative Johnson.
Thank you, Madam Chair. What this amendment does is make sure that one student is with one affiliation and that the second student is not within the same affiliation. I do appreciate that we have a member that comes from a community college or a two-year college and a member that comes from a four-year college. But in the name of making sure that we have all the voices of our students represented, asking that both those members are not of the same affiliation when appointed. When I was talking with some of the students who testified, they said that is the purpose of higher ed, to learn, to figure out where I'm at. And I don't want to make sure that we're not stopping any other growth, understanding that affiliations may change as they progress in their education, but at the time of appointment, we really should be seeking that they are from different affiliations, and I urge a yes vote.
Representative Garcia-Sander.
Thank you, Madam Chair. I support this amendment. This is one of the things that really halted my support of this bill and committee is when students go to college, they should be exposed to diverse opinions. And the way this bill is written, as written, it says that the students appointed can be from the same political party. And I think it just helps establish more diversity on a council, on an advisory committee, for there to be proactive opposing parties. So I support this amendment.
Representative Hamrick.
Thank you, Madam Chair. While I love working with the representative from Morgan, Logan, Phillips, Sedgwick, Washington, Weld, and Yuma counties, and it's a great idea, we already do it. So as it now stands, no more than a bare majority of the members of the Colorado Commission of Higher Ed can be from the same party, and the added student members would be part of the already established equation. So I ask for a no vote on this amendment.
For the representative Johnson.
Thank you, Madam Chair. And the way I read the bill was that it's for the commission excluding the students, which is why on the amendment I offer, I say page 2, line 20, strike commission excluding the student members and substitute commission. So we're accounting for the whole with the members being part of the commission. So this way it keeps it in balance because right now it says excluding the student members and so the students having voices really want to make sure that we get a diverse perspective from the students as well.
Further discussion on the amendment? Seeing none, the question before us is passage of L004 to House Bill 1029. All those in favor say aye.
Aye.
All those opposed no? The no's have it. The amendment fails. To the bill, Representative Johnson.
Thank you, Madam Chair. In committee, we also heard how individual institutions of higher ed can have their own boards that describe how they want to create their commission, how they want to run that specific campus. However, what we're talking about is looking at the whole state and all of higher ed, which is why when we're looking at all of higher ed, I want to make sure we're affecting Coloradans, those who live in the state and that will live with the policy that's being discussed, or the influence, because I understand in appropriations that was amended, that way these students are no longer voting members, but they still have a voice at the table, and I want to make sure their voice is for the betterment of Colorado, not from students who live outside of Colorado, maybe New York, maybe New Mexico, Wyoming. They come for two years, three years, four years, and then they leave, but we're stuck with that policy. This is why I move L-007 to House Bill 1029 and ask that it be properly displayed.
All right. Continue, Representative Johnson.
Thank you, Madam Chair. As I was mentioning, this amendment would say the student member appointed must not be from a foreign national, because we do get a lot of student athletes and those on academic scholarships from outside of the U.S., and not those who are out of state. This is meeting the in-state student requirements, so if they were going to get the institutional in-state rate, they would qualify. We're following those same standards that we already follow for that lower access to tuition, because if they're going to affect our policy in Colorado, they should live in Colorado where that policy is affecting. I urge a yes vote.
Representative Carter.
Thank you, Madam Chair. And to the good representative from Morgan, Logan, Phillips, Cedric, Washington, Weld, and Yuma, We appreciate this amendment, but I'm asking my good colleagues for no vote. Any further discussion on the amendment?
Seeing none, the question before us is passage of L-007 to House Bill 1029. All those in favor say aye.
Aye.
All those opposed no.
No.
The no's have it. L-007 fails. Back to the bills. Any further discussion on the bill? Seeing none, the question before us is passage of House Bill 1029. as amended. All those in favor say aye. Aye. All those opposed, no. The ayes have it. House Bill 1029 passes as amended. Mr. Schiebel, please read the title of House Bill 1418.
House Bill 1418 by Representatives Okayan Camacho, also Senators Mauble and Roberts. Concerning the provision of services to young people and a connection therewith requiring certain social media platforms that provide online gaming services, products and features to young people to impose a fee on each add-on transaction and remit the fee to the youth Mental Health Services Access Enterprise, which enterprise is created in the bill, and directing the enterprise to use the fee revenue to operate and fund certain programs that provide mental health services to young people.
What a title.
All right, Representative Zocay. Thank you, Madam Chair. It is an honor to serve with you.
Ditto.
Madam Chair, I move House Bill 1418 and the Finance and the Appropriations Committee reports.
All right to the Appropriations Report Thank you Madam Chair In the Appropriations Committee we updated some LEDGEC language We made it clear that the Enterprise is awarding grants in consultation with the state
but that it is the Enterprise's authority. And we have some amendments. Great. Representative Camacho.
Thank you, Madam Chair. I move Amendment L27 to the Appropriations Report. All right. And ask for it to be properly displayed.
Give us a minute as it's properly displayed. All right.
To your amendment, Rep. Camacho. Thank you, Madam Chair. During stakeholding, Amendment 27 is a direct product of that, which tightens up the definition to make sure that we are only targeting the covered platforms that will be serving children through online gaming. And we ask for a yes vote. Further discussion on the amendment?
Representative Richardson. Really? All right. Thank you. has to be displayed. All right. Give us a moment to sub out the new amendment for this amendment. And then see if I was... What's that? Is it... Okay. All right. Cool. All right. Tell us about your amendment to the sub-amendment. All right. This is a substitute amendment to what the sponsors had provided. We do... Is this thing on? Okay. It just seems a little lower than normal. Okay. We can hear you. All right. Thank you very much, Madam Chair. This amendment does a couple of things. One, there are concerns about the emotional impacts that gaming has on some folks. This amendment really focuses the monies that might be collected only to games that have a mature rating. that we're not worried about the emotional impacts of somebody that's playing Minecraft or something like that. And it's relatively simple. And I'd love to hear what the sponsors have to say.
Representative Zocay. Thank you, Madam Chair. Thank you, Representative, for this amendment. We are going to ask for a no vote for a few reasons. One, I'm not entirely sold on the rating system being the standard we should be using, but certainly limiting it to mature games is avoiding the intent of this. We are trying to look at games that are targeted at kids, and my hope is that it wouldn't be these types of games, because for your example, Minecraft is one of the games that I think falls under this bill. These are the games that are targeted towards kids for compulsive use where they are experiencing harassment, and so this is against the intent of the bill, and I'd ask for a no-bill.
vote. Further discussion on L25? Seeing none, the question before us is passage of L025. Do the Appropriations Committee report? All those in favor say aye. All those opposed no No The no have it Amendment L025 fails Back to amendment L027 Any further discussion Oh Representative Zokai Thank you Madam Chair We were cleaning up this definition from Stakeholding and asked for a yes vote Any further discussion on the amendment? Seeing none, the question before us is passage of L-027 to the Appropriations Committee Report. All those in favor say aye. All those opposed, no. The ayes have it. The Appropriations Committee Report is... I'm sorry. L-027. 7 to the Appropriations Committee report is passed. Thank you. To the Appropriations Committee report. That's me. Representative's okay.
Thank you, Madam Chair. I move L26 to the Appropriations Committee report and ask that it be displayed.
We are on this still. L26 is properly displayed.
Rev. Zokai. Thank you, Madam Chair. L26 makes a clarification to the definition of add-on transactions. We are talking about microtransactions, transactions that are within a game. We are not talking about the initial purchase of the game itself. And subpoint B makes that clear. We ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L26. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L26 passes. To the appropriations report. Is there any further discussion? Seeing none, the question before us is the passage of the appropriations report. All those in favor say aye. Aye. Those opposed, no. The ayes have it. The appropriations report passes. To the finance report.
Rep. Zokai. Thank you, Madam Chair. We made a number of amendments in the House Finance Committee and had a wonderful discussion about this bill. I will say that there was a number of definitional tweaks, response to the Attorney General's office, some of the flags were responsive to those, and the biggest amendment was the creation of the Youth Programming and Protections Enterprise, which is the second enterprise in this bill, and we asked for a yes vote. Is there any further discussion? Seeing none, the question before us
is the passage of the finance report. All those in favor say aye. Aye. Those opposed, no. The ayes have it. The finance report passes. To the bill, Rep. Zokai.
Thank you, Madam Chair. Members, this bill is incredibly important to me personally, and I want to thank the number of stakeholders that have helped us get to this point. Let me start with what is happening to children in our state. Right now in homes across Colorado, kids are spending three, four, five hours a day inside online gaming platforms. 85% of U.S. teens play video games and 41% play every single day. And now for most kids, these are not the kinds of games that we grew up with. These are digital environments built by some of the most sophisticated engagement engineers in the world. They are designed to capture attention, drive in platform spending, and keep kids logged in long after they should have stopped. And as a parent, I will just say that I think we are seeing that what we would consider to be social media is not the same as what kids are considering to be social media. Their social media is in this online gaming space. When you look at everyone under the age of 18 gaming is nearly universal Up to 97 of teen boys and 73 of girls participate in online gaming It's also becoming much more pervasive for younger kids. It is the way younger kids are communicating with each other. Their gaming is looking a lot more like social media. They have profiles that they share and ongoing chat features. over 80% of kids ages 5 to 12 are online gaming weekly. This is how they communicate and share their lives with each other and it's also where they spend their money. Now, online gaming itself, as I've said, is very pervasive. But when you look at the platforms that we are targeting, you will also see that they are majority used by children. That is what this bill is looking at. It's looking at online gaming that's targeted and used by minors. The platform, well, I guess I can't say the name. One of the most popular platforms is used by two-thirds of kids ages 9 to 12. 20% of users on this platform are under nine years old. 20% are aged 9 to 12. And 16% are ages 12 to 16. Now, there's a number of issues that come from this, but I will say the most concerning is that predators also know that this is where they can find their victims. One in five children receive unwanted sexual solicitations online, and approximately 37% of children approached by strangers online were first contacted via gaming platforms. Reports have documented that kids are being groomed through in-chat features, they are exposed to sexual content, and they are targeted by adults posing as peers. There are countless examples of this happening, but I want to give details from a recent lawsuit in Washington, and I'm just going to say it's against Roblox for violating a duty of care. It alleged that they prioritized profit over child safety and created an environment conducive to child exploitation. Jane Doe encountered a predator who was posing as someone her age. The predator groomed her, sent sexually explicit messages and photos, and coerced her into reciprocating with explicit images of herself. When she resisted, the predator threatened her until she complied. The exploitation led Doe to multiple suicide attempts. A spokesperson for the family said, This case against Roblox is a terrifying reminder of the world we live in, where capitalist greed far outweighs humanity. In a statement the attorney made about this lawsuit, he said that this is about a company that gives pedophiles powerful tools to prey on innocent and unsuspecting children. The suit alleged that it's easy for predators to masquerade as kids on the site, and that there were many allegations about this type of behavior occurring on this platform, including the simulated rape of a seven-year-old in a digital playground environment and virtual strip clubs where avatars disrobe. The complaint mentioned a report from the financial forensic research company Heidenberg Research that said they were targeting short sellers who trade by selling stocks in vulnerable companies who said that it had found multiple groups on the side cite trading child sex abuse material and soliciting sexual favors. The report alleged that the platform was cutting safety spending as problems mounted. These stories are not unique. If you search online, you will find countless examples of this happening in online gaming spaces and a number of lawsuits attempting to hold this behavior accountable. Law enforcement has even warned that gaming platforms are increasingly used by predators because they are less regulated. and more immersive than traditional social media. Without giving details, I will just share personally that this has impacted my family as well, which is what turned me to realize how much of an issue this is. And I will just say that in response to things I've heard about parents needing to have more control, we are parents that are very much in control of what our kids consume. But it's the kind of thing that you cannot escape. It is in friends' houses. Friends come to our houses and put this stuff on. And it is very difficult, if not impossible, for parents to escape a billion-dollar industry that is entirely meant to keep children on their platform. Now, what our kids need is resources for help when these things happen. They need mental health resources. They need to have outlets other than online gaming and after-school programs where they can connect in person with their peers. Because even though not every child is going to get firsthand harm through actual abuse, for one, nearly all kids are exposed to some sort of inappropriate material on these platforms. But even if it does not rise to the level of abuse, what does impact all kids? is something a little more subtle, but very harmful, and that is compulsive use. These platforms are engineered to keep kids engaged for as long as possible through infinite play loops, rewards, social pressure, and algorithmic recommendations. Research shows that excessive gaming is associated with sleep disruption, decreased academic performance, and increased anxiety and depression in young people. The very design features that make these platforms profitable, constant notifications, in-game purchases, are the same features that undermine a child's ability to disengage. In Canada, there was a civil claim against one of these platforms, alleging that it's addictive, manipulative, and financially exploitative by design. It noted concerning practices around algorithms that are built with the purpose of extending playtime and incentivizing kids through gambling-like mechanics. We have emails between CEOs of these companies talking about how they are trying to indoctrinate kids and manipulate them into staying online through making them addicts. And I will just say that as a parent seeing these platforms, it does not look like the kind of online gaming you might be thinking of. These things look like casinos. They look like slot machines. And the kids are sitting there with that dopamine loop triggered trying to just get more and more points, more and more, honestly, money. And it is the same exact mechanics that casinos use to incentivize gambling addiction. I will also note, recent disability-focused research has found that children with disabilities are at a heightened risk of compulsive use or excessive online gaming use, including increase in attention, oppositional behavior, sedentary behavior, emotional dysregulation, and measurable negative impacts on academic performance when gaming becomes a dominant daily activity. In addition to compulsive use, it exposes children with disabilities to heightened risks of online bullying harassment manipulation and unhealthy social comparison And that harassment does not stay on those platforms It extends into schools which is why part of this bill has training and enforcement for kids that are facing harassment Parents describe to me how powerless they feel against the design choices of multi-billion dollar companies. They tell me that they are doing everything they know how to do and it is simply not enough. and what more can be done. This bill is what more can be done. This bill creates an enterprise that will collect a fee from add-on transactions made in online gaming platforms by Colorado kids. The revenue will fund services proven to support youth mental health and well-being. We are at a funding cliff. The federal dollars sustaining the most effective youth well-being programs in Colorado are being pulled back this year. Demand is climbing on every measure. School counselors are stretched beyond capacity. Mental health support inside our schools is at risk of disappearing entirely. Without a dedicated state revenue source, programs in every part of Colorado are facing closures, layoffs, and impossible choices about who they reach. Years of relationships built between kids, families, and providers stand to be lost. The cost of letting these programs disappear is higher than the cost of sustaining them. And so, with all that nexus established, I am going to let my co-prime talk through the architecture of the enterprise, the specific programs that we are funding, and our ask for you today is simple. The companies around these platforms, designing these platforms, have built their business model around our children's hours and our children's mental health. Today we have a chance to push back, to fund the mental health supports our young people need, and to send a clear message that our kids are not a profit center. I ask for your guest vote.
Rep Camacho.
Thank you, Madam Chair. I want to thank my co-sponsor for her passion for bringing forward this bill. What she described as unfolding across Colorado in real time, the question House Bill 1418 puts in front of this committee is, what we do when we as a legislature want to do about it. The good news is we know what works. After decades of research, the protective factors buffering young people from harms my co-sponsor laid out are not a mystery. Kids do better when they have trusted adults in their lives. They do better in safe, structured environments outside of school. They do better when someone is in their corner when something goes wrong. These supports keep kids in school. They keep kids out of crisis. They build the kind of resilience no app or algorithm can replace. They are the supports most exposed to the federal funding cuts coming this year. House Bill 1418 funds them in three ways. First, the Youth Mental Health Corps. The Corps places trained full-time mental health support directly inside Colorado schools. Picture a student walking into a building in the middle of a panic attack and finding an adult trained to listen, to deescalate, to connect with them. Picture a kid struggling at home who has somewhere safe to go during lunch. The Corps is one of the most effective interventions our state has fielded in years. It is also funded almost entirely through federal AmeriCorps dollars. Those dollars are being pulled back. Without state funding, the Corps will not survive in Colorado. We lose those positions. We lose those connections. We lose what keeps small problems from becoming emergencies. Second is the out-of-school time grant program. After-school and summer programs are the single most consistent protective factor for kids dealing with the harms of excessive screen time. They give young people somewhere to go. They give working parents a safe place to send their children. that build the kind of in-person relationships and structured engagements screen-based platforms do not offer. Demand for these programs across Colorado already outpaces supply by tens of thousands of children Federal after funding is being reduced this year Providers are warning of the closures layoffs and wait lists growing by the week The third is the Educational Rights Enforcement Program For students with disabilities and the families fighting for their education this program is often the difference between a child receiving the services they are owed and falling through the cracks. It is the work of making sure no kid is invisible in a system already stretched thin. It is hard to rebuild and hard to rebuild once it is gone. Three programs, three protective factors, funded through one fee. On the legal structure, there's precedent in Colorado for exactly how House Bill 1418 approaches this problem. State enterprises already collect fees from specific industries and direct revenue to specific public services. Courts have held this model. In Tabor Foundation v. Colorado Bridge Enterprise, the Colorado Court of Appeals set the standard plainly. It charges a fee when it is reasonably related to the cost of providing the service and is imposed on those reasonably likely to benefit. House Bill 1418 meets both tests. The fee falls on online gaming platforms whose products are reasonably likely to be accessed by young people. Revenue is restricted to the youth services. The full legal analysis from our coalition's council has been shared with previous committees. You'll see that the introduced bill creates the enterprise and funds the Youth Mental Health Corps, but does not include the two other programs. We've addressed this in committee, and hopefully what you've learned today, not only through my co-prime, but also a presentation of what this bill does and how it attempts to do it, helps you understand why this is so important. We as a state have had to adjust our budget based off federal cuts, and many of the programs that we hold dear to our heart that are actually effective need this support. So for that, we ask for your yes vote today.
Rep. Barone.
Thank you, Madam Chair. I want to start off by saying, believe it or not, I am a gamer. I've said I'm a lot of things up here, but I truly am a gamer. I like to go online and play with my friends, my brother, my cousin. This is the time that I get to socialize with some of my family on most occasions because I'm either working all day, being with the family, and then when my kids and my wife go to sleep, I like to go play for a couple hours downstairs. by myself, playing with my friends. So believe it or not, that's what I like to do. Now, I don't buy anything online.
I just play to have fun. But that's besides the point. What I'm seeing here is more fees, fees, fees, and more fees, another enterprise that funds something that, yeah, I can agree with mental health. But that comes back to what we always argue of prioritizing our budget. I can get behind funding mental health all day long as long as we prioritize our budget and cut the things that we don't need. Now, how is putting a fee? I understand the problem that the bill sponsors are coming with. Kids are on their phones a lot. Some kids are called iPad kids. Fortunately, mine aren't. My son didn't get his first phone until he started middle school this past year. He's going to be 13 this August. So it was about time to get his cell phone. Of course, it is heavily guarded by ourselves. We have our own parental guides on our phone. My wife and I can limit his Internet time. We can limit his gaming time, everything like that. So it comes back to parenting. when parents get involved in their kids life no matter how busy we are I mean I here for 120 days every year and then when I not here I working in the oil field up north in HD48 But we still get involved in our kids lives. We limit their screen time. They come home, they watch a movie, a couple shows and that's it. Go outside and play. but we get involved in our kids lives no matter how busy you are my wife is my wife is a parent she's a teacher uh at an elementary school of course she has more time in the summer actually i just got news yesterday that she got hired to work in the summer as well that's good news but we still get involved in our kids lives it comes back to parenting i don't understand how putting a fee on on a game in game purchase is going to solve that problem. To me it seems like we are just now profiting off the backs of parents, kids, disguised as a solution. You know, we should, you know, that welcome to colorful Colorado sign, we should add on there to the bottom. We will feed you to death because we're adding more fees every session. Now, I don't have the numbers in front of me, but I'm pretty sure it's pretty high and I can probably find that too. I agree that games and some games require mature age, but it's also plastered on the game itself. M for mature. It says it in the commercials as well. So that's when parenting comes into play as well. If we see that, we get involved in our kids' lives, and we see that M for mature, of course we're not going to let our kids play that game. I wasn't allowed to play. When I was younger, Grand Theft Auto, the first one, was coming out. My mom did not let me play that game. She knew about it. She knew about the rating system. It is very surprising my mom knew about that, but she knew about it. She was a great parent, and I still love her. And I'm glad for that. I'm glad she got involved in my life. I didn't hate her for that. I'm glad she did. Now, coming back to some things that the sponsor said about games that create a gambling addiction. I agree, there are some games that create a gambling addiction. Also comes back to parenting. We cannot just tell developers, you cannot create this game because it creates a gambling addiction. All casinos offer gambling addiction help. you can see that offer in all the commercials I mean, gambling addiction comes every year to come visit us here at the Capitol with Colorado Lottery like these casinos and Colorado Lottery and all these places they offer gambling addiction because they know that is a problem they want to be part of the solution I thank God that I don't have a gambling addiction don't get me wrong, I love to play some poker and some blackjack every once in a while but I have a limit and I thank my parents for that because they taught me that. And that's what we need to get back to. The right solution for this problem is not feeding it to death. It's going back to good parenting. The most you can get involved in a kid's life, they will thank you for life. I still thank my parents. When I go to the casino or I go out with my wife and there's a poker game going on, I have a limit. $200. I lose it. That's it for me. I win some. You know what? I get up and get out. Well, not really. I'm sorry. If you're on the heater, you never leave a table. But that limit is there. $200. That's my limit. I can afford to lose that. but I thank my parents for teaching me that, putting that into my head, that there are priorities in your life that you cannot spend more money than what you are able to lose. And that's what we should be having here in this chamber, priorities. We should not be living above our means. We should not be legislating above our means. Then this happens. We fee everything and we create enterprises because we didn't prioritize before. Now, I say thank you to the bill sponsors for bringing up this problem. I know this is a problem, but this is not the way to go about it as a solution of the problem, by feeding it. I urge a no vote on this bill. Rep Brooks. Chair, thank you. I want to thank my colleague for aging me. I think it was unintentional, but he's sitting there talking about how his mom didn't let him play Grand Theft Auto. I was playing Atari, Pong, Dig Dug. There wasn't any of this when I was younger, and that's a good thing, but my mom still did limit how much time I got to play Pong. I wouldn't even connect it in to no connection yours revenge is where it's at I don't challenge anybody in here to that look I'm not going to impugn motives I think the motives are pure however I do believe that it's just steeped in so much ideology and hopelessly optimistic ideology at that. You know, we do this a lot here. We say, look, we're trying to fix this problem. If we do this, then this will never happen again. And that's just, it's dishonest. It's inaccurate. it. You know, I am not, it's not me to cast, up to me to cast any judgment on what good parenting means. It's going to mean something else to somebody, to every parent. It's going to mean something different. But I'm going to tell you that if it's a problem that your kids playing more than five hours of video games, you can yank that thing from the wall. You can disconnect that stupid thing, right? There's a power button. You change it from the straight line to the zero. You can disconnect the internet. There are all sorts of other tools that even the questionably attentive parents can deploy in order to affect the behavior of their gamers. My kids are old enough now that I don track their online activity I did when they were younger and I limited the amount of gaming time that they had when they were younger The other piece of this, there are several pieces that really just don't fit together for me. Another piece is this presumption that the enterprise, that's one I don't like, we'll come back to that one, the enterprise that's being created is going to fund mental health. There's no direct correlation that those dollars are going to benefit the kids that are having a hard time with gaming addiction. There's no direct correlation there. You're saying that you're going to create an enterprise, you're going to create this funding mechanism to help with behavioral health, but yet it's not specifically for what it is you're trying to address. There's no direct correlation. Disconnect there. The fact that we're creating yet another enterprise, not a big fan of that. Shocker. But then also, Department of Revenue came in to committee. And I would like to think that the bill sponsors have had an opportunity to be able to reconnect with DOR after the committee financed. or like three different committee reports speaking specifically about finance, DOR came in and said, no, please don't do this. We don't know how we're going to track, remit, collect. We don't know how we're going to do any of this. And further, never really were part of the discussion. I don't know if that's going to sink in the way that it should, but when the Department of Revenue comes in and says, please don't do this, I think that that's something that maybe even if we say this is the greatest idea ever, I'm not, but even if we are to say that, that perhaps we can at least slow down long enough to listen to the Department of Revenue and say, you know what, let's operate on your timeline so that in that way we're doing something we know is at least effective from a revenue collection, fee collection, enterprise generating standpoint. There's another organization that came in, Behavioral Health. I can't remember. I can't hit my own rear end with a handful of rice when it comes to the health and human services space. So I'm going to have to rely on the bill's sponsors to remind me the other agency that came in to oppose their bill. I'm sure it will be very forthcoming. But yet there was another one that said, no, let's please not do this. Hit the like button. Hit the like button and you get that dopamine. That little, pfft, tasty. Everything that we do, this entire life of ours is constructed around these little dopamine releases that we get from social media. I'm not saying that gaming is not a problem, but everything else that our kids are involved with, the phones that they hold in their hands, the laptops they have, Every single thing is generated, is built to maximize engagement. That is where the like button came from. The like button didn't exist until some behavioral health nut job came up and said, you know what we can do to make people more engaged? We can do this. And people are going to love it. Oh, and guess what else we can do? When people shut the app, we can remind them that something has happened. somebody has liked something they said to get them to open it back up. Everything in this life of ours now is meant to generate more and more engagement and tear us away from what we have going on in front of us This is one element. This is not going to be just the fix. It's clickbait. I'm seeing examples of it. I'm not pointing. I was. I'm not. I won't. It drives engagement. It's meant to do that. Is this an element that perhaps we need more time as parents? Yes, absolutely, but that's the key. We cannot legislate good parental behavior. I know we've got a lot of great ideas up here, the best ever. And next session we're going to come back with the best ever ideas again. but we're not able to legislate away evil, we're not able to legislate parental involvement despite our good intentions, despite the ideological optimism we have. If you disagree with everything I said, that's all right. But when the Department of Revenue comes in and says, man, we were not even consulted on this. We were not robustly stake held. Holder did. I would think that that might be pause for us to just say, hey, you know what? Let's walk away from the council, the legislative council for a little bit. Let's disengage ourselves and let's make sure that we're doing the right thing. I would ask for a no vote here. Brett Bottoms. Thank you, Chair. So I'm an avid online gamer. I have been for years. My gaming goes back before online. I had a Pong. That's not important right now. But I've been an online gamer for years and years, and I've watched all of the different things. And yes, this does pull people, adults, and children into this. There's no doubt about that. this hurts in the bigger picture. I'm not saying this, Bill. I'm saying the online gaming. There's a lot of negative that goes on there. I have never been talked to like that by some 14-year-old in Korea talking about my mother. I've never been talked to like that until I started gaming. and then I came into this room. So this is a negative thing and I do believe that there are addiction issues. I believe that there are behavioral issues. I've been saying this for years. One of my sons spent thousands and thousands of dollars on skins for a specific game and I finally went to him and told him, I think you have a problem here. And he said, I'm 29 years old, stay out of my life. So I respect that. but here's the reality this is an issue everything everything that has been said here this is an issue this is an addictive thing this is these are companies that are are preying on these kids so here's our option let's make a bill to where we charge them money and give it to the state that's our answer to this let's continue to hurt these kids let's continue to charge them let continue to make life more difficult for them so let charge them and give it to the state of Colorado I can even imagine that popping up on one of my gaming feeds Oh, by the way, you need to pay the state of Colorado for the privilege of being manipulated by companies. That's a great plan. That doubles down on just completely irresponsibility. And we're doing this in the name of helping. There's not one thing in this bill that will help one person. There's not one thing that will stop one kid from being manipulated. None of this. This is the thing. And by the way, this has been going on long before there was the Internet. I'm of the generation that they started putting toys in cereal. So the only reason you bought the cereal was because of that toy. So this has always been there. Companies manipulate. They do this. And I'm not saying that's good. I think it's horrific. But why are we making it worse by now charging them to be manipulated by these other companies? That makes no sense whatsoever. We become part of the parasites. This bill is a parasite up on the back of the bigger parasites. This just doubles down and makes it worse. I believe this does fall into the category of we've crossed the line and we now become part of the immoral context that we're saying we're trying to fight. We're not fighting it. We're contributing to it, and we're taking money from people. This is just a selfish attempt to continue to add to the money of the state of Colorado on the backs now of kids that are actually being vulnerable within this space, and we're going to be the bigger parasite in this. This is disgusting. Is there any further discussion? Seeing none, the question before. Rep. Camacho. Thank you, Madam Chair. I just want to point out a few things that weren't necessarily covered in some of our openings. 41% of teen gamers have been called offensive names while playing. So you've heard some of that testimony or some of that discussion here at the well today. 80% say bullying is a problem inside these platforms. Predatory adult contact is increasing every year. At its core, what this program is trying to do is recognize that the kids that are walking into our schools, our clinics and after school programs every day still need the care and the support to be able to do that and this bill allows that to happen so for that we respectfully ask for a yes vote. Is there any further discussion? Seeing none the question before us is the passage of House Bill 1418. All those in favor say aye. Those opposed no. The ayes have it. House Bill 1418 passes. Mr. Schiebel please read the title of House Bill 1427. House Bill 1427 by Representative Espinosa also Senator Snyder concerning updates to the Uniform Antitrust Pre-Merger Notification Act approved by the Uniform Law Commission. Rep. Espinosa. Thank you, Madam Chair. I move House Bill 26-14-27. To the bill. Thank you. This bill was heard last night in committee, but let me give you a little bit of procedural history. You may recall that last year we passed the Uniform Antitrust Pre-Merger Notification Act. At that time, there was some discussion about whether the protections in the bill as we passed it were sufficient. I committed at that time to work with the Uniform Law Commission and learned that they were negotiating additional amendments to the uniform law through the state of California and the CITA organization that was impacted by this bill. As a result of those negotiations, the Uniform Law Commission then reconvened the drafting committee to review the negotiated changes to the bill. subsequently they sent their report to the to the executive committee of the Funeral Informed Law Commission who approved the report and sent to all 50 states and additional territories, the proposed amendments to the bill. Thirty days passed. At the end of those 30 days, then the recommendations were made final. We received those the beginning or middle of April, and at that time we requested that a bill be drawn this year for us to adopt these amendments. It's important to understand that these amendments are helpful in terms of making changes that will assist the efficacy of this bill. Specifically, we are extending the time for filing of this notice so it's not contemporaneous anymore with the federal government. We're defining the terms and obligations of the Attorney General for confidentiality and creating a system of destruction of the information or return of the materials if the Attorney General in the state decides not to move forward. All of these changes, additionally, the Attorney General has to give five business days notice rather than two before making a disclosure under the Act. We believe all of these changes improve the Act. We request that we stay in conformance with the uniform law that has now been adopted as amended, and we would ask for an aye vote on this bill. Is there any further discussion? Seeing none, the question before us is the passage of House Bill 1427. All those in favor say aye. Aye. Those opposed, no. The ayes have it. House Bill 1427 passes. Mr. Schiebel, please read the title of Senate Bill 177. Senate Bill 177 by Senators Ball and Benavidez, also Representatives Gilchrist and Mabry, concerning a property owner's ability to petition to court for limited access to an adjoining property to make repairs. Rep. Gilchrist. Thank you, Madam Chair. I move Senate Bill 26177 and the Judiciary Committee report. To the report. In judiciary we made a small change Stating that the requesting owner purchase insurance or post a bond to cover any damage or property Personal injury or loss of life that may occur because of the repair or maintenance And we ask for an aye vote on the committee report Is there any further discussion? Seeing none, the question before us is the passage of the judiciary report All those in favor say aye Aye Those opposed no The ayes have it The judiciary report passes To the bill Rep Gilchrist Thank you Madam Chair So we are presenting Senate Bill 26, 177, Access to Repair Act. I also want to thank my great co-prime for his support and partnership on this bill. I had a constituent come to me this summer and to my Senate colleague and asked for help. Had an issue with a neighbor and wanted to be able to repair his home that had the only access was on his neighbor's property. and he hit a wall in the law and wasn't able to go beyond and actually make those repairs. And I was really inspired by that because not only did he see a problem, but he pursued a problem that could be solved for other people. And I was delighted to work with him to try to bring this bill forward to ensure that people who have this unique problem where they need access to repair something and they need access to a neighbor's property, that they have, if they have explored mediation and that does not work, that they are able to take this path. So what this bill does gives Coloradans an avenue to go through the courts to get limited access to a neighboring property to complete repairs or maintenance to their homes. We believe this is a narrow fix to a small problem in Colorado, but a real problem, and we hope that you vote yes today. Rep Mabry, is there any further discussion? It's a good bill, vote yes. Okay. Okay Seeing seeing oh Repslaw Oh excuse me That the farthest I run all day I appreciate this bill coming from the sponsors As a person who in another life builds homes, does remodels, does things like that, as a general contractor, I do recognize at times when this might be necessary, living on this side of the aisle. Normally, the pushback on this would be, oh, but private property rights. And I wholeheartedly believe in that. It is very important. That said, when we heard this bill in judiciary yesterday, I did ask how often we might see this be a problem where we need to see this. I think that it will be the exception. I think that it will be very rare. But I do think that there are some exceptional and extremely rare times where an individual or a contractor that they hire will have a need to access that person's private property from an adjacent or adjoining neighbor's private property. Hopefully, those individuals are neighbors and can work that out as individuals. But I do see there being times, though it may be very rare, where an individual will just need to be able to access their neighbor's property. And if that neighbor is unwilling to talk to them, it might leave that individual no redress other than to go to the court and ask to have something made so that they are able to access their own property from their neighbor's property. I can quickly and easily imagine some safety concerns where if you're not able to access some of your property that you wouldn't be able to. Under this bill, you have to prove that you cannot do this from your property, that you have to be able to be on your neighbor's property to be able to do this. I can imagine really easily some situations where that would be necessary. for some of those reasons and things like that I was a yes, I will continue to be a yes I think this will be the ultra exception but I think it will be an important ultra exception in the times that it will be that exception thank you is there any further discussion seeing none the question before us is the passage of Senate Bill 177 all those in favor say aye those opposed no the ayes have it, Senate Bill 177 passes Mr. Schiebel, please read the title of Senate Bill 138 Senate Bill 138 by Senators Doherty and Mullica and also Representative Stewart Kaye, concerning measures to reduce the administrative burden on the healthcare system. Rep Stewart. Thank you, Madam Chair. It is the best to serve with you. It's the best to serve with you. Madam Chair, I move the HHS Committee Report and Senate Bill 138. To the HHS Committee Report. To the Committee Report, I move amendment 16 and ask that it be displayed. One moment. L16 is properly displayed. Rep. Stewart.
Thank you, Madam Chair. This is a technical fix to the effective date clause to account for added sections, and I ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L16. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it.
L16 passes to the HHS report Rep Stewart Thank you Madam Chair I move L17 to Wait are we still on the board
We're still on the committee report.
Oh, I'm good.
Is there any further discussion? Seeing none, the question before us is the passage of the HHS committee report as amended. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. The committee report passes. To the bill, Rep. Stewart.
Thank you, Madam Chair. I move Amendment 17 and ask that it be displayed.
One moment. L17 is properly displayed. Rep. Stewart.
Thank you, Madam Chair. So this combination of amendments is a request from CCHI on who we use to determine eligibility. And it's also a technical amendment from HICPF and HICPF requests for additional accountability and just more technical fun things. So I ask for an aye vote.
Is there any further discussion? Seeing none, the question before this is the passage of L17, all those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L17 passes. To the bill, Rep Stewart.
Thank you, Madam Chair. I move.
To the bill. Is there any further discussion?
Yes, thank you, Madam Chair. This bill is about streamlining eligibility, paperwork, and access for folks through hospital systems across the state. we need this process to relieve administrative burden on hospitals. There's also a section on eliminating duplicative opioid training as well as, oh shoot, it just left my brain. Anyway, it's a wonderful bill. You love it. Please vote yes.
Is there any further discussion? Rep Barone.
Thank you, Madam Chair. I just want to come up here. I heard this bill in committee yesterday. I think it's great. I think it's a good bill. There are some problems in it, but it's still a good bill. And for that, I'm going to say that I move L14 to SB138 and that has to be properly displayed, please.
One moment. L14 is properly displayed. Rep. Barone.
Thank you, Madam Chair. So this amendment just removes the disagreement I had on this bill, plain and simple, Section 1, Subsection B, and I ask for an aye vote.
Rep Stewart. Thank you, Madam Chair. I had conversations with Rep Barone and a coalition, and we're fine with this.
Is there any further discussion? Seeing none, the question before us is the passage of L14. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L14 passes. Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 138 as amended. All those in favor say aye. Those opposed, no. The ayes have it. Senate Bill 138 passes. Mr. Schiebel, please read the title of Senate Bill 17.
Senate Bill 17 by Senators Doherty and Bright, also Representative Stewart R., concerning changes to out-of-network health care services dispute resolution processes for health insurance carriers.
Rep. Stewart.
Thank you Madam Chair I move Senate Bill 17 to the bill Rep Stuart Senate Bill 17 is the product colleagues of three years of work and extensive conversations between physicians, health plans, consumer advocates, and the Division of Insurance. All parties came to the table and found a workable path forward this year. To date, there's no known opposition to this bill. When an emergency physician believes that a health plan has underpaid for out-of-network services, the current dispute resolution process is broken, especially for smaller claims. The existing statutory arbitration process frequently costs more than the amount in dispute, making it economically irrational for smaller practices to pursue. On top of that, health plans allow batching of similar claims for in-network disputes, but actively block this same efficiency for out-of-network claims, forcing providers into costly claim-by-claim arbitration. Physicians often can't even tell whether a patient's plan is regulated by Colorado's DOI or by federal law, a distinction which determines which dispute process they can access, because health plans are not currently required to disclose it. Emergency physicians are legally and ethically obligated to treat every patient, regardless of insurance status. When health plans chronically underpay, there's no practical way to challenge it, and that threatens the financial sustainability of emergency medicine, particularly for small and rural practices. When arbitration costs exceed the underpaid amount, plans effectively keep monies that rightfully belong to the providers with no accountability. This bill ensures that physicians who provide life-saving emergency care often to patients who cannot pay at all have a realistic and accessible way to recover what they're owed. Rep. Gonzalez.
Thank you, Madam Chair. So Senate Bill 17 does two things. First, it codifies the existing DOI rule 4-2-79 alternative dispute process into statute. Right now, it only exists as an administrative rule that can be changed at any time, so physicians have no certainty it will be there when they need it. And second, and probably most importantly, it requires health plans to tell providers which jurisdiction governs a patient's plan, so providers know immediately whether to use the state DOI process or the federal No Surprises Act process, including federal claim batching where that's available. This bill does not change the statutory reimbursement formula. It does not remove or compromise any patient protections. It simply makes the dispute process fairer and more efficient for the physicians who are providing care regardless of the patient's ability to pay. And I think right now this is good for our providers, I think addressing some of their concerns that we heard in the committee. And this bill also passed the HHS committee unanimously. So I think as we know, health care has a lot of multiple issues to it and the complexity of it. So I think this is something that we can help make our health care system in Colorado a lot better. And with that, we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 17. All those in favor say aye.
Those opposed, no.
The ayes have it. Senate Bill 17 passes. Mr. Schiebel, please read the title of Senate Bill 174.
Senate Bill 174 by Senator Roberts, also representatives Carter and Soper, concerning the prohibition of lead generation marketing for legal services.
Rep. Carter.
Do we need to move now?
Rep. Carter.
I move. Thank you, Madam Chair. I move Senate Bill 174.
To the bill. Rep. Carter.
Just so you understand, this bill addresses a growing and largely unregulated practice in the legal marketplace, lead generations marketed for legal services. While it may sound technically, the issue is simple. People in vulnerable movements are being treated like commodities with their personal information bought and sold to the highest bidder. This bill makes it clear that This practice is a deceptive trade practice under the Colorado Consumer Protection Act. It prohibits attorneys, law firms, and legal paraprofessionals from paying third parties for client leads and restricts who can market legal services in our state to those who are actually authorized and accountable under Colorado law. When someone is searching for legal help, often during some of the most difficult moments of their life, they deserve transparency about who they are dealing with. They deserve to know exactly that person on the other end is qualified, regulated, and acting in their best interest. This bill plays guardrails and ensures that legal marketing is done either by a licensed professional or those clearly working for the attorney. And I ask for an aye vote.
Rep Soper. Thank you, Madam Chair. Members, attorneys have rules of professional conduct, and part of that concerns how we market and around that. What lead generators are a third party that are able to skirt around the professional conduct rules? They're able to do things that attorneys couldn't do, so if they read in the newspaper that you've been injured in an auto accident, they will reach out to you even before you've begun searching for an attorney. They'll try to channel that lead to not just one law firm, but multiple law firms in exchange for payment. We're banning that payment in Colorado because this is an unethical practice. It's also one that gets people into trouble very quickly because this is ripe for fraud and abuse. We'll ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 174. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. Senate Bill 174 passes. Mr. Schiebel, please read the title of House Bill 1141.
House Bill 1141 by Representative Bacon, and also Senator Colker concerning civil rights violations involving discriminatory practices in public schools.
AML Bacon.
Thank you, Madam Chair. I move House Bill 1141 and the Education and Appropriations Committee report.
To the Appropriations Report.
AML Bacon. Thank you. Members, in appropriations, we introduced a strike below, quite frankly, to address the concerns around a fiscal note. House Bill 1141 was intended to be able to support families through administrative processes if they experience discrimination in public schools. Many of you may be aware that the United States Department of Education's staff attorneys, particularly in the Office of Civil Rights, have been peeled back. And so families are finding that they are not having success through the federal government's processes. We created an administrative process so that folks could get some help in resolving their issues around discrimination instead of just going to court, which they can still do. And so the state does have a division that can handle civil rights complaints. Particularly, we have a MOU with the federal government that the state can handle Title VII complaints and complaints with HUD. But we don't have a similar MOU for Title VI of the United States Civil Rights Act. And so Title VI is where we see a lot of our anti-discrimination laws. And so we had to figure out how we can support folks through admin processes, processes under our own state law, which is CATA. So ultimately the strike below just added some components of Title VI into state law in saying that it is a violation of our Anti Act and public accommodation if one is harassed based off of their protected status of age race sex religion and we said that disparate impact is a violation of public accommodations and CADA which means a policy is neutral on its face, but it only negatively impacts a protected class. Lastly, we said that universities need to designate and label who their Title VI coordinator is on campus so that folks know where to go when they want to pursue a federal discrimination complaint. And just for the folks who have followed this bill, I do want to say thank you, particularly to Hate Free Colorado and the Anti-Defamation League for helping us bring this bill forward. We know that as much as we love each other here in the state of Colorado, sometimes students are targeted for who they are, and they still need protections despite the fact that the federal government may not be enforcing or not enforcing but helping to make these determinations. and with that I ask for an aye vote on the appropriations committee, which again was a strike below, so I do believe we might go straight to the bill since we've done this before.
Okay. Is there any further discussion on the appropriations report? Seeing none, the question before us is the passage of the appropriations report. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. The appropriations report passes. So now we go straight to the bill. Yes.
AML Bacon. Members, I just explained the bill. Good bill vote, yes.
Is there any further discussion? Seeing none, the question before us is the passage of House Bill 1141. All those in favor say aye. Aye.
Those opposed, no.
The ayes have it. House Bill 1141 passes. Mr. Schiebel, please read the title of Senate Bill 36.
Senate Bill 36 by Senators Gonzalez and Weissman, also representatives Bacon and Zocay, concerning increasing operational efficiency of existing prison population management measures and in connection therewithmaking, reducing, and appropriation.
Rep Zocay.
Thank you, Madam Chair. I move Senate Bill 36.
And the Appropriations Report?
Reps, okay? And the Appropriations Committee Report.
To the Appropriations Report.
In the Appropriations Committee Report, we reduce the appropriation because we have more savings from this measure, and we ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of the Appropriations Report. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. The Appropriations Report passes.
to the bill. Rep Zocay. Thank you, Madam Chair. The bill before us today is a result of a growing issue that we have discussed many times in this chamber and during our budget conversations, And that is that we are in a place in Colorado where we are being faced with choosing between funding prisons at the expense of health care, prisons at the expense of housing, prisons at the expense of crucial services for kids. We are making painful cuts this year. And at the same time, we are considering proposals or discussing proposals about purchasing private prisons. We have heard about crime going down, a topic that comes up many times in the Judiciary Committee, and about how over-incarceration has not made us safer. And yet we are increasing the DOC budget just shy of $100 million, including funding for 940 additional prison beds. JBC staff have noted that the big reason for this is that there are fewer discretionary parole releases that fewer discretionary parole releases are the primary reason for the largest projected increase in the male prison population over a decade. Over 5,000 people have hit their parole eligibility date and are still behind bars. They face obstacles. For those who have not reached the parole eligibility, they face obstacles in being able to complete coursework. There are obstacles in ComCore placement. And many who are going back into the system are not people committing felonies, but technical parole violations. This is a budget concern, but it's also just a human dignity concern. When we are reaching capacity, what happens is our staff end up being stretched thin. They are asked to do jobs that they are not best equipped to do. And people are housed in increasingly unsafe conditions. And rehabilitative programming breaks down. DOC has become dependent on cross-posting non-custody staff, teachers, case managers, maintenance workers. The equivalent of 22 full-time positions. and these disruptions directly contribute to parole denials and delays. It does not have to be this way. Members on both sides of the aisle have expressed concern over DOC management. The problems have been flagged year after year, but they have not improved. The thing is that we actually do already have prison population management measures, and they were designed to prevent the situation that we find ourselves in. Those measures passed unanimously in 2018. And what we have seen is that we have gaps in the current law. It was triggered for the first time last year, and there weren't clear timelines or real accountability, and therefore there was very little impact on the population itself. I mentioned earlier that 5,000 individuals have hit their parole eligibility date and are behind bars. with this prison population management measure being triggered, just 237 of those were reviewed by the parole board. And just 29, 12%, were granted parole. So this bill does a few things. It has timely notification when we are nearing capacity. It changes the threshold from 3% to 4% to give us more time for implementation. There is additional individuals that need to be notified when we reach this threshold. It strengthens community corrections as a critical population management tool. It creates clear expectations and timelines for the parole board. It has ongoing reporting so that we know which actions are being taken and whether they are working. And it improves coordination between courts, Comcor, and parole to safely manage population levels. And finally, it creates clear, structured pathways to move people who are already eligible, those who are past that parole eligibility date, those who have completed the required programming, and those assessed at lower risk through the system more efficiently. This bill helps us avoid the alternative, spending hundreds of millions of dollars on prison expansion when we have more effective, more humane, and more fiscally responsible options available and I respectfully ask for your support Okay And also did you want to
Okay. You're ready? We're ready for that one?
Yeah.
Okay.
Move that one. Rev's okay. Thanks, Madam Chair. I am going to move L13 to Senate Bill 36 and ask that it be displayed.
Okay. Yes. Okay. One moment. L13 is properly displayed. Rep. Zocci.
Thank you, Madam Chair. What we currently have in the bill is that the threshold, it's triggered, prison population management measures are triggered at 4%, and they are off when DOC can show they're at 5% for 30 or more days. And instead, we, through negotiations and stakeholding, I thought it would be cleaner to have it turn on at 4% and off at above 4%. For example, 4.1, 4.2, 4.3 also would allow them to turn off the management measures, and we asked for a yes vote. Rep Soper.
Thank you, Madam Chair.
I move Amendment L10 as a substitute amendment to this amendment.
One moment. Okay.
L10 is properly displayed as a substitute amendment to L13. Rep Soper.
Thank you, Madam Chair. And I wanted to move this as a substitute just to be able to have the conversation here that I appreciate the direction the sponsors are going of moving from five to four. We're talking about three before the trigger is actually implemented, which is current law. So the substitute amendment would keep the status quo the same. I guess the question is, how many vacant beds do we want before a trigger is pulled, and now we're releasing inmates earlier under the protocol that's laid out within the bill? And that's what this argument comes down to. And so while I like the fact that there is some movement here, I do want to talk about perhaps keeping current law current.
Amel Bacon.
Thank you.
We're going to ask for a no vote here, but we understand the sentiments. Again, what my good colleague from Delta is referring to is we have two percentages that we have now added by way of triggers. We say if the state gets below, now we want to change it. The current law says below 3% vacancy. We want to change that up to 4% vacancy and including the jail backlog. for the first 400 beds in the jail backlog, then it would trigger these procedures. And then the bill says if the state can get back to 4% for 30 days, then we're lifting all of these protocols that we've asked for. And so we believe with stakeholding, not only with our coalition, but with the GOV and DOC, that the 4% and the conversation we had about the bed backlog is the place that we want to remain at. And so even though we see, I do believe that your amendments, because I see strike three and from, wait, wait, wait. Because I see the reference to five, I think the sponsor is talking about the maintenance number, right? And so to change that back to, 3 would be lower than what we're asking for with the trigger of 4. So we're going to respectfully ask for a no vote.
Is there any further discussion? Seeing none, the question before us is the passage of L10. All those in favor say aye. Those opposed, no. The no's have it. L10 fails. We are back to L13. Is there any further discussion? Seeing none, the question before us is the passage of L13. All those in favor say aye. Those opposed, no. The ayes have it. L13 passes. To the bill, AML Bacon. Rep Soper.
Thank you, Madam Chair.
I move Amendment L011 and ask that it be properly displayed.
One moment.
L11 is properly displayed. Rep Soper. Thank you, Madam Chair.
Members, I view this as more of a technical fix within the bill because on page 10, line 7, what is being talked about is that there's an exception, and that's when it's a plea bargain for a specific number of years. That person would not be subject to the protocols laid out in the bill for early release. We wanted to add also if the person was convicted by jury and a sentence was imposed by the court for an exact number of years. So we don't really understand why it is that you would carve out someone who's subject to a plea agreement, but you wouldn't carve out someone who's now been convicted of a jury of their peers, and the court has sentenced that person to a term for an exact number of years that is assured. So we are asking for parity here between the two mechanisms for someone to be convicted and would ask for a yes vote. Rep. Zokai.
Thank you, Madam Chair.
We are going to ask for a no vote.
We do want these individuals to be able to file a motion for reconsideration, and this is broader than we were intending. Ask for no. Is there any further discussion?
Seeing none, the question before us is the passage of L11. All those in favor say aye. Those opposed no? The no's have it all. 11 fails. To the bill, AML Bacon.
Thank you, Madam Chair.
Members, after what we just heard, I just do want to share.
This bill is coming as a result for us actually pushing our agencies to be more efficient, particularly when it comes to sentences that have been found by judges and juries, that folks should be paroled or they have met their mandatory release dates. At this time, the state, we posit that the state is the reason why we're having these backlogs. We need Department of Corrections, the Board of Parole, and Department of Public Safety or Community Corrections to better coordinate to move people who are eligible for parole out of corrections to free up the beds so we don't have to keep paying for new ones. If you all recall, maybe yesterday, I'm not sure, it was yesterday, I was part of a whole recognition of our corrections staff because what they are faced with is having to do jobs that are not within their job description because of the overcrowding that is the fault of our own agencies. And so when we heard this billing committee, we heard from Colorado WINS.
That is the union that represents those who work in corrections. And they said please help us make this agency and their partner agencies be more efficient so that we can safely operate and that what we believe this bill does And so just to be sure in case you didn hear it this bill was finally the circumstances was triggered in August of 2025, saying that we are moving to a place where jails and prisons are about to be overcrowded. And so we are saying for those who are quickly approaching their parole dates who are not there for victims right to crime. So these are the lower level crimes, just to be really clear, that they should be moved more efficiently for parole as a judge and jury sentence them to. And so if we are going to ask for more capacity, we also have to do our part to do what it is we said we were going to do in the management of these agencies. And as much as, you know, people love and hate government, the best part of my days are when we, from across the aisle tell DOC to get it together. And that's what this bill does. Thank you. We encourage an aye vote.
Is there any further discussion? Seeing none, the question before us is a passage of Senate Bill 36. All those in favor say aye. Those opposed, no. The ayes have it. Senate Bill 36 passes.
Mr. Schiebel, please read the title of Senate Bill 20. Senate Bill 20 by Senators Brighton Ball, also Representatives Srotta and Gonzalez, concerning measures related to child care provider licensing and in connection there with increasing reliance on trained personnel from the Department of Early Childhood, imposing certain requirements in connection with regulation by local governing authorities and creating a task force.
Rep. Gonzalez.
Thank you, Madam Chair. I move Senate Bill 20 and the Education Committee Report.
To the Committee Report.
So in the Education Committee Report, we had an amendment L10 where specified centers serving rural areas limited to licensed care providers and that's Health and Human Services Committee. So we basically simplified the committee to lower the number of people that were in there, and we asked for an eyeball on the Education Committee Report.
Is there any further discussion? Seeing none, the question before is this passage of the Education Committee Report? All those in favor say aye. Aye. Those opposed, no. The ayes have it. The Education Report passes. To the bill, Rep. Gonzalez.
Thank you, Madam Chair. So Senate Bill 20 cuts red tape on small business child care. So as we face a critical shortage of licensed child care seats, this bill basically wants to eliminate excessive and duplicate bureaucracy that makes it unnecessarily difficult for child care businesses to open and stay open. Colorado needs a licensing and inspection system that protects children and allows qualified child care businesses to open quickly and stay open sustainably. So the bill does four main things. Number one, it encourages digitalization of documentation for child care providers, thereby reducing paperwork during inspections while adhering to appropriate privacy protections. Second, moving towards consistent state-led inspections by phasing out reliance on third-party inspectors were feasible in standardizing inspector training and oversight. Third, reducing fees associated with child care while simultaneously requiring local governments to prioritize and streamline approvals in the case of disputes. And lastly, establishing a child care licensure and quality task force to develop clear, actionable recommendations to improve Colorado's licensure and quality system.
Rep. Sirota.
Thank you, Madam Chair. I think that our child care providers do incredible work in this state. It is a really difficult job, difficult businesses to run, and this bill aims to make the work that they do easier by streamlining some of the processes that they have to go through, encouraging digitalization of the documents that they have to hold on to. It will help when we bring more licensing inspectors in This will actually save the state money So encouraging the state to continue down that path instead of contracting out these folks for more money and lesser quality results We will bring more folks in-house to do the work that will result in more consistent work for our providers and ensuring that this task force comes up with recommendations so that the licensing process for our providers is easier, less burdensome, is still protective of health and safety and quality, but streamlines the red tape that our providers have to go through. and I ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 20. All those in favor say aye. Aye. Those opposed, no. The ayes have it. Senate Bill 20 passes.
Mr. Schiebel, please read the title of House Bill 1425. House Bill 1425 by Representatives Gilchrist and Brown, also Senators Doherty and Bright, concerning the regulation of applied behavior analysis services.
Rep. Brown.
Thank you, Madam Chair. I move House Bill 1425 and the Appropriations Committee report.
to the appropriations report. Rep. Gilchrist.
Thank you, Madam Chair. In appropriations, we made several technical amendments, clarifying terminology, updating statutory references, adding terms, and extending the repeal of the licensing board, as well as changing requirements for licensing, scope of practice, and disciplinary action, and we ask for an aye vote. Oh, wait, I'm sorry. And I move. amendment L020 and ask that it be properly displayed.
One moment. L20 is properly displayed. Rep. Gilchrist.
Thank you, Madam Chair. This is a clarifying language about disciplinary actions in the scope of practice in the professional licensure, and we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the pass of L20. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L20 passes. To the appropriations report, Rep Gilchrist.
Thank you, Madam Chair. I move L021 to the appropriations report and ask that it be properly displayed.
One moment. L21 is properly displayed. Rep. Gilchrist.
Thank you, Madam Chair. The providers requested that this be this amendment because they wanted to insert the word assessment into the bill to ensure that we have clarity on what an assessment is, and we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is passed. of L21 all those in favor say aye those opposed those opposed no the ayes have it L21 passes
Rep Gilchrist thank you madam chair we ask for an aye vote on the appropriations committee report
is there any further discussion seeing none the question before us is the passage of the appropriations report as amended all those in favor say aye aye aye those opposed no the ayes
have it the appropriations report as amended passes to the bill Rep Gilchrist thank you madam chair I I move L017 to House Bill 1425 and ask that it be properly displayed One moment
L17 is properly displayed. Rep Gilchrist. Thank you, Madam Chair.
This is an amendment that just allows for exceptions to be made in rule for children that are coming into these clinics that might need exceptions to the current facility licensure. and we ask for an aye vote. Is there any further discussion?
Seeing none, the question before us is the passage of L17. All those in favor say aye. Aye. Those opposed, no. The ayes have it, L17 passes. Rep Gilchrist.
Thank you, Madam Chair. I move L018 to House Bill 1425 and ask that it be properly displayed.
One moment. L18 is properly displayed. Rep Gilchrist.
Thank you, Madam Chair. This amendment simply further defines clinic and further defines an applied behavioral analysis clinic. And we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L18. All those in favor say aye. Aye. Aye. Those opposed, no. The ayes have it. L18 passes. To the bill, Rep Gilchrist.
Thank you, Madam Chair. I move L022 to House Bill 1425 and ask that it be properly displayed.
One moment. L22 is properly displayed. Rep Gilchrist.
Thank you, Madam Chair. This amendment does two things. It changes the dates of implementation on or before July 1, 2028 from 2029, and it also ends a slight change requested by CDPHE and the providers to make sure that we have clarity on who needs immunizations, and we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L22. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L22 passes. To the bill, Rep Brown.
Thank you. Madam Chair. House Bill 1425, members, is a bill that's ultimately about keeping pace with the growing demand for behavioral health services in Colorado, making sure that our systems are reflecting today's reality. ABA therapy, applied behavioral analysis, plays a critical role in supporting individuals, especially children with autism and other developmental needs. As more families rely upon these services, it becomes even more important that the state has clear and consistent standards in place in order to ensure quality and accountability across the board. The landscape for ABA services right now can be uneven. Families are navigating a complex system without clear guidance on what high-quality care should look like, and providers are operating without fully standardized expectations. The goal of this bill is not to create unnecessary barriers, but to create consistency so that families can trust the care their loved ones are receiving no matter where they go. High quality ABA services can lead to meaningful improvements in communication, independence, and long-term well-being of individuals receiving care. It's also important to emphasize that this bill, thanks to my good co-prime sponsor from Denver, is mindful of the provider community, and we have worked diligently with them to make sure that this works for providers and parents as well as the needs of the state. A more consistent regulatory framework will actually support providers by reducing ambiguity and creating a more stable and trustworthy system overall. So overall, we think this is a thoughtful step in the right direction, and we ask for an aye vote.
Rep Gilchrist.
Thank you, Madam Chair, and thank you to my co-prime for his partnership in this work. It has been a true labor of love starting back from the summer when we received overwhelming emails from parents of kids with autism who are receiving ABA therapy, applied behavioral analysis therapy, and were worried about some of the measures that HICPF was taking were going to restrict access. As we dug more into that, we realized that this is a space that absolutely needs regulation. We heard from the providers that they wanted professional licensure. There are other states that have professional licensure. And we heard from the administration about how important it is that we have facility licensure, given the fact that we have seen incidences of fraud and then also incidents of child maltreatment. So this bill today has those two things, professional licensure and facility licensure. And the most important thing is that it regulates the space with the balance that we ensure kids who truly need this support have that support and that we also regulate it so that those kids are safe, and we urge an aye vote today. And yes, aye vote.
Rep Johnson.
Thank you, Madam Chair. And when talking about such a hefty bill in an area that we don't have enough ABA support, especially in rural Colorado, we're just asking for a little leniency. I move L015 to House Bill 1425 and ask that it be properly displayed.
One moment. L15 is properly displayed.
Rep. Johnson. Thank you, Madam Chair. What this amendment does, and I know because we are in the final countdowns of session, follow along, the board shall not adopt continuing education requirements that are more stringent than the continuing education requirements issued by professional credentials certifying entity, except were strictly necessary for public safety. This bill that we're talking about does a lot. A lot of the ABA providers I've talked to in my district are already struggling with the mandates already placed upon them. What we're asking is not to add more to them when they're struggling to stay in place and serve the communities they serve. We're saying that unless it's proven to be necessary for public safety, because we recognize public safety does need its own platform, that we stop adding more stringent education requirements that exceed what already is needed for the professional credentials certifying entity. Let's not add more burden onto those who are already struggling. We don't have enough. The sponsors mentioned we don't have enough. So let's not push out the ones we have, and let's give them some grace that we're not adding extra unless public safety comes into play. I urge a yes vote.
Is there any further discussions? And Rep. Garcia-Sander. Thank you, Madam Chair.
This is a good amendment just in considering in rural schools we do not have enough mental health specialists. We do not have enough ABA therapists. We do not have enough RBTs. It is tough to find enough specialists to support our students and our staffs with behavior support and so this gives a little bit more flexibility to our rural locations so this would be really really really helpful for our rural communities and I urge an aye vote.
Rep Gilchrist. Thank you Madam Chair and thank you to the sponsor of this amendment and appreciate her perspective in bringing and ensuring that there is access, especially in rural places. We would urge a no vote on this amendment. We have worked very closely with providers. As I mentioned in my remarks, professional licensure was requested by the providers. This space does not have regulation right now. So we are going from zero regulation to regulation because kids have not been safe in some of these facilities. And so it's critically important that we have this regulation and that we that and and we have taken painstaking efforts to make sure that that providers are at the table and and
are in support of this so I would urge a no vote. Rep Johnson. Thank you Madam Chair and just on behalf of House District 63 I would say that my rural providers have not been at the table many rural providers have not we're asking for the leniency because we are struggling to keep what we have we have been reaching out, trying to stakehold, understanding that this bill was only introduced last week, trying to be at the table, trying to catch folks who are stakeholding on this, really asking for the rural folks to be at the table so we're not pushing them out in the name of more. We're just asking for this leniency so I don't see in my district even less providers because we talk about the lack of resources in rural areas. In the name of trying to do better for some, let's not chase out the sum that we have in other areas.
Rep. Kelty. Thank you, Chair. And, you know, I'm in agreeance with this amendment because by not accepting this amendment, you're saying everywhere in Colorado should just be painted with one big brush. This amendment is asking by those who are from the rural communities who actually are involved that they're asking for, they're telling you this is something that they need for their communities. And not having someone from their communities actually in the negotiation process of this bill does them a disservice. so let's show that we understand and can incorporate other areas that may not be all under the Denver proper or the larger areas and that you understand and are sensitive to the others in the state that they don't have to be swept up in that big rush. Let's give them the dignity that they deserve and I'm asking for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L15. All those in favor say aye. Those opposed, no. The no's have it. L15 fails. Rep. Johnson.
Thank you, Madam Chair. Because we are going to be adding a lot more regulations onto those already struggling to stay in our state, I am going to ask them we have a ramp kind of system that we offer, again, asking for a little leniency as we onboard all of this extra regulation on an already struggling lack of resources for this. And I move L013 to House Bill 1425 and ask that it be properly displayed.
One moment. L13 is properly displayed Rep Johnson Thank you Madam Chair And I know we did hear from the appropriations amendments that it does move to 2028 That is not enough time What we asking is that the Board shall subject an individual who practices or offers
or attempts to practice applied behavioral analysis without a license and is a first-time offender to a corrective action plan, including a warning and an expedited licensure path instead of the first line of discipline and fees. What we're asking is for some leniency, especially for those who are already struggling to stay in our state because of the forced ruling that started this discussion last year when we moved the timetable on people. And we had a lot of parents reaching out saying that their kids would not get the autism care they needed. That was the face we saw last year, colleagues, when we saw it to you. They didn't have enough time. They were trying to be at the table, and they asked for a little bit of leniency. This bill does that, and they're just saying, can they have a correction plan? Now, we do see that if they are blatantly ignoring it after they've had the warning, after they've had the correction plan, then if you look at the second part of the amendment, it does say, substitute page 25, line 3, strike 12, and substitute. If the person repeatedly or fraudulently practices or offers or attempts to practice without a license, then we can add the penalty. We're not saying that the bad actors should not be punished and that we need to get them on this path. We're just saying for those who are trying, those who are struggling to adapt to this extra regulation that we're going to push in Colorado, we're asking, can we just give them a little time, a warning, a path to correction instead of chasing them out, especially in rural Colorado, if we lose them, they're gone, they're not coming back. Can we give them the grace and the decency to at least offer a warning and an action plan instead of just chasing them out and offering all this discipline. I would urge you all, with legislation this close to the end of session, in the name of stakeholding for all, not just the selected at a table, can we please keep this in mind? And I'd urge a yes vote.
Rep Gilchrist. Thank you, Madam Chair. And again, thank you to the sponsor of this amendment and again the concern about allowing for providers to have time, I share that concern, which is why we created a process for that in the bill. And I think, first of all, just wanted to note that the amendment that we brought today that changed the date from 29 to 28, was a request by the providers to change the date of implementation so that they could get licensed under the facility licensure that is presented in the bill. So that was changed on behalf of the providers. And then I think also really important that the reason we are bringing this bill is because regulation is needed because there have been incidents of maltreatment for kids. So I don't want to delay regulation when we're talking about the treatment of kids. That is just absolutely essential. I also, as I said before, that we have worked really hard to have a balance, that this is not just about regulation, but this is also about access. And as a parent of a kid with autism, I care deeply about that. That's why I responded to all the parents that reached out to make sure that we had a plan. So we believe that this bill represents that balance, and we do not want to provide exceptions for providers that may or may not be doing the right thing. And the process to get licensed they will have time and they will be able to go work with CDHS to get that licensure And so I don think this amendment is needed So we ask for a no vote
Rep. Johnson. Thank you, Madam Chair. And in light of open stakeholding, because I've reached out to my folks and some other rural providers who are not even aware this bill was happening, were not at the table. When I asked to be at the table since last week of first being introduced to this concept, it has been a very closed, very well done stakeholding. We need to include all of Colorado though, all sections including the smallest and the rural areas. I did acknowledge and I am grateful that you moved it from 28 to 29 and bought more time but still in areas where they are struggling to stay on board and keep with their clientele and they're not lawyers, they're not politicians, they're not staying up to date with everything that's happening. We're just saying when they're trying to do their best and they happen to have a slip, we give them a warning first. I don't disagree that if they continue and repeatedly do this, yes, but should we not help them on board with as much as we can because I am telling you, if I lose the providers in my area, they're gone. They're not coming back and someone's not coming to replace them and we're going to force those who need these services to travel even more. I'm just asking for a little more cushion and help with such a complex bill and a time where we're struggling with affordability, We're struggling with access. We're struggling with transportation to get to the areas we already have. We're just asking for every voice at the table to be included and to offer this grace. I'd urge a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L13. All those in favor say aye. Those opposed, no. The no's have it. L13 fails. To the bill, is there any further discussion? Rep. Garcia Sander.
Thank you, Madam Chair. I actually understand where this is coming from, and I agree. I actually started my ABA therapy classes a few years back, and it's a lot. It is a ton of learning, and there is a lot to it. And having worked in a school setting and worked with mental health therapists and behavior analysts and behavior therapists, We don't have enough clinicians and technicians and supports at this point in time. So I totally understand where this is coming from, because if you are a fraudulent ABA therapist or RBT, you could really mess a kid up, and you could really mess a family up. And so I understand where this is coming from. I do, however, worry that this is a solution to tomorrow's problem, because we may be creating a bigger ABA therapy desert in rural areas if we shorten the time length in the urgency for many of our metro areas where they want to get the licensed people and have that regulation quicker. I'm concerned that we may have some RBTs that are working towards their ABA therapy licensure and that they're getting there, but they're not going to get it in time. And so I am concerned about that. So that's just something, I guess, to keep in mind is sometimes we rush things through and we don't think about those domino effects. And thinking about the larger area outside of the metro area,
it could create, like I said, a desert of ABA therapists in our rural area. So I hope you consider that and kind of think about what are the second, third, fourth order effects down the road. Thank you.
Rep. Johnson.
Thank you, Madam Chair. And sponsors, I agree with what our colleague just said. We see There needs to be something. My issue is, on behalf of House District 63, we wish we would have been at the table. I've asked since last week for some of my providers and for me to be at the table. Rural Colorado would love a seat at this, and because this is only the first chamber, we have the Senate. Can we make sure that everyone who wants to be at the table can get at the table in these next few days before the Senate so we can make policy that works for all and doesn't harm some for the benefit of the majority? And not the majority in party, but the majority of Colorado of the state. I am just asking again, can we make this an open table stakeholding for everyone this is going to affect, because all of our children matter, in rural, in cities. Our parents need to have a voice. Our providers this affects is going to have a voice. And I'm just asking, because this is First Chamber, can we please make this a truly open stakeholding process so we can make sure that we are not fixing solutions now to make problems in the future? Can we please look at this? I know we only have six, seven days left, but that is still enough time to bring everyone to the table who has been asking. At this point, because I don't feel like rural has been strongly represented or even listened to, I will be a no. But I want to try for our children, those with autism, who deserve in rural or city areas to have their voice. My door is open. My district's open. We want to be at the table, and I hope that those who are listening take that to heart.
Is there any further discussion? Seeing none, the question before us is the passage of House Bill 1425 as amended. All those in favor say aye. Those opposed no. The ayes have it. House Bill 1425 as amended passes. Mr. Schiebel, please read the title of Senate Bill 182. Senate Bill 182 by Senators Snyder and Simpson, also Representatives Caldwell and Paschal, concerning an updated clean energy plan for a municipally owned utility. Rep. Minority Leader Caldwell. Thank you, Madam Chair.
I move Senate Bill 26-182.
To the bill.
Thank you. Members, the bill we have here today, Senate Bill 182, has been a long time in the making. It started off as a different bill, Senate Bill 22, and after a lot of negotiating, a lot of working with different interested sides of this. We finally came to an agreement. My co-prime here, who's been excellent working on this, is going to kind of go into more detail, but let me kind of just lay out what initially brought me to this. And it is our Colorado Springs utilities is facing some really hard deadlines, and it's not for a lack of trying. they've uh they've done solar and wind and battery storage they've been working towards meeting um these state mandated goals uh for for quite a few years now and the realization is is uh reality is is bumping up against us on some of these deadlines in particular uh with our our coal fired power plant the the ray nixon power plant and so a long story short we we came to an agreement um with all sides here and what this bill essentially is going to do is going to give us some breathing room and give us an additional three years without closing the Ray Nixon plant while we're implementing and implementing new plans. And so the important thing here that I want people to take away is how important this is for El Paso County and Colorado Springs in general. We have 9 families 9 households in Colorado Springs who get a government assistance for their utility bills And we see it all across the state We already facing across the state We facing higher prices on our utility bills And without this bill here I think the reality is, is we're going to face something drastically higher. And so I really appreciate all the sides. I appreciate Colorado Springs Utilities for working on this, the Sierra Club, who has come together to work out this agreement here. I'm going to let my co-prime take it over and kind of give you a little more in depth on what the bill actually does itself.
Rep Paschal. Thank you, Madam Chair, and thank you to my co-prime, M.L. Caldwell. I'm not going to take a page out of Froelich's book and call him the majority leader today, so he got promoted several times yesterday. It was a whirlwind day. So I want to give you a little background on this bill. Colorado Springs Utilities is a municipal utility. That means that it's not for profit. We generate most of our own energy in Colorado Springs. We do buy some, and we are limited by the transmission that we have ourselves built in the city. So the story is, as you all may know, 2030 has a deadline for reducing emissions by 80% compared to our 2005 level. This has been a big challenge for Colorado Springs. They've been working on this for over a decade. And we had two coal-fired plants. The big one that was downtown was closed a few years back. We built a 175-megawatt Pike solar array. We installed a 100-megawatt battery in 2025. and most recently Colorado Springs Utilities joined into the Southwest Power Pool Regional Transmission Organization, which is huge for us because we've been really struggling to buy more renewables at a reasonable price because it's got to be somebody that we're physically connected to, which has really limited our options. They put out an RFP two years back and the prices came back with some serious sticker shock And that's when they realized, oh my God, we've got to do something different. So we still have the one remaining coal plant down south, the Ray Nixon coal plant, just so you don't confuse it with the other Nixon. And that is a 260 megawatt coal plant. And we would really love to close that coal plant. And in fact, what we have to do to reach our emissions reduction is close the coal plant. And, of course, people would like to breathe clean air. But the problem is we just can't get it done by 2029. So we have been trying to come up with some kind of plan to get us there. And as my co-pri mentioned, Colorado Springs Utilities has been in negotiations with the governor's office, and then Sierra Club came on board. This has been going on since before session started. and we finally come to a plan that we all think is a good plan it it's tough but it's fair and as a a project manager that worked in the software industry you know I have been ragging on them for months you need a plan to how you're going to get there I don't believe you're going to get there without a plan oh by the way I need a plan for that and we're not I know I'm annoying that's the best skill you have as a project manager So we don have a plan yet but we have a plan for a plan and it a really solid plan for a plan And here the deal that was cut Colorado Springs Utilities will redo their clean energy plan. That was originally filed, I think, in 2021. And it'll be a more detailed clean energy plan. It has to list the assets. It has to list when we're going to get them and how we're going to get to the megawatts that we need to replace Nixon and to have enough so that we can stay always on, be clean and firm technology. And in addition to that, they have to file the plan with CDPHE by the end of the year. That plan is going to be verified as in somebody believes that we can execute it. Expert believes that we can execute that plan. and then if it's approved, CSU has to come back every year and update where are we in respect to tracking this plan. And the goal is to get that coal plant shut down by the very latest, the end of 2032. And the other thing that CSU has to do is make a hard drive towards 95% by the end of 2039. and that's 95% reduction, which I think closing that coal plant is going to be a really big chance to get us there. Let me see. So I think I covered most of this stuff. I am very excited about this plan. I know that there's pushback. Hey, we need to close coal plants. We can't delay it. And believe me, I'm hearing this at home. You have to close by 2029. But here's the issue. The plant's not closing. We can't get there. So the question is, what are we going to do about it? This bill is what we're going to do about it, and I think it's a solid plan. So I ask for an aye vote on this bill.
Minority Leader Caldwell. Thank you, Madam Chair.
I just want to make sure I urge an aye vote on this. This is a great bill for reliability and affordability, and I believe I have a couple colleagues here in the well who are going to get up and talk about how incredible this bill is, and so I'll let them do that. Thank you.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 182. All those in favor say aye. Those opposed, no. The ayes have it. Senate Bill 182 passes. Madam Majority Leader. Thank you, Madam Chair. I move the committee rise and report. You have heard the motion. Seeing no objection, the committee will rise and report. 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 bag's leave to part is under consideration. The following attached bills being the second reading that oven makes the following recommendations. They're on House bills. 1029 is amended. 1141 is amended. 1418 is amended. 1425 is amended. 1427 amended 1430 is amended Passed on second reading Order in gross in place on the calendar for third reading and final passage Senate Bills 5 17 20 as amended 36 as amended 138 as amended 174 177 as amended and 182 passed on second reading order revised in place on the calendar for third reading and final passage
Representative Lukens. Members, you have heard the motion. We do have amendments at the desk.
Mr. Schiebel, please read the first Johnson Amendment to the Committee of the Whole Report, House Bill 1029. Representative Johnson moved to amend the part of the Committee of the Whole, so we're section taken by the Committee and not adopting the following Johnson Amendment, L-4 to House Bill 1029, to show that said amendment passed and that House Bill 1029 is amended passed.
Representative Johnson. Thank you, Madam Speaker. I move the first Johnson Amendment to the Committee of the Whole and ask that it be properly displayed.
It is properly displayed. Please proceed.
Thank you, Madam Speaker. This is asking for the body, now that you're all seated, to reconsider that we treat the students who are appointed to this new board the same as we would the rest of the commission. We are asking that we just have all voices heard and that both students cannot be, at the time of appointment, in the same affiliated party. This still allows for the flexibility that they are students. They may develop in their own personal beliefs throughout their college career, and they may change. But at the time of appointment, we really want to make sure that we are getting more voices heard at the table, and I would urge a yes vote.
Representative Hamrick. Thank you, Madam Speaker.
As stated at this time, we are no on the amendment, but we are having further conversations for maybe a third amendment.
Seeing no further discussion, the motion before us is the adoption of the first Johnson Amendment to the committee of the whole report. Mr. Schiebel, please open the machine and members proceed to vote. Those participating remotely, please turn on your cameras and then turn them off once I have called on you. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsay, how do you vote?
No.
Representative Lindsay votes no. Representative Luck, how do you vote?
Yes, thank you.
Representative Luck votes yes. Representative Routnell, how do you vote?
No.
Representative Routnell votes no. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative English is excused. Please close the machine. With 21 a. 42 no and 2 excused, the amendment is lost.
Mr. Schiebel, please read the Carter Amendment to the Committee of the Whole report, House Bill 1418. Representative Carter moved to amend the part of the Committee of the Whole to a section taken by the Committee in adopting House Bill 1418 to show that House Bill 1418 is amended lost. Representative Carter.
Your Madam Speaker, I withdraw the amendment.
The amendment is withdrawn. Thank you.
Mr. Schiebel, please read the second Johnson Amendment to the Committee of the Whole Report, House Bill 1425. Representative Johnson moves to amend the report of the Committee of the Whole. It's over a section taken by the Committee and now adopting the following Richardson Amendment, L13 to House Bill 1425. To show that Senate and pass, that House Bill 1425 is amended past.
Representative Johnson. Thank you, Madam Speaker. I move the second Johnson Amendment to the Committee of the Whole and ask that it be properly displayed.
One moment. One moment. It is properly displayed. Please proceed. Representative Johnson, please proceed.
Thank you, Madam Speaker. This is just asking again for reconsideration that we include all of Colorado and everyone at the table. For rural areas, we are already struggling to keep the providers, especially for ABA providers in our area. We are asking for more leniency. And I do recognize in the appropriations that it did move from 2028 to 2029, but we're still asking for some leniency because these rules are tough. This bill is thick. There's a lot of regulations. So we're just asking that for the first offense, that there is a corrective action plan included and a warning. Afterwards, if they are purposely doing it because they've already had the correction plan and warning, then we can add the disciplinary actions. But we're asking that we do a ramp onboarding so that way everyone can get here without penalizing and losing dire resources we need in areas already struggling. I would urge a yes vote for rural areas.
Representative Gilchrist. Thank you, Madam Speaker. We would urge a no vote on this amendment. Also, just another correction. again, the amendment to the bill changes the date from 2029 to 2028. So just want to make sure that's clear. And then also, as I mentioned a week ago, we would welcome any other additional providers that want to be involved in the stakeholding. I was open to that then, open to that now. We have many rural providers who are involved in this process. They were involved in the rulemaking process that that created the new rules for day treatment centers. They will be involved in the process going forward. It is incredibly important that we regulate this space. We are talking about our most vulnerable children, and there have been reports of maltreatment of those kids. We have to regulate the space to keep them safe and balance that with access.
Representative Johnson, this is your second time to speak. You have 8 minutes and 47 seconds remaining.
Thank you, Madam Speaker. and I guess I was dreaming for more time. By actually taking away a year for implementation, it's even more crucial that we offer this ramp. That's only two years instead of three, so I appreciate because you went from 2029 to 28 and that correction. In rural areas, though, we don't move as fast as city areas, and I would love to take you up on that offer. As we all know as representatives, we are the voice of our constituents. In rural areas, they are struggling just to get their jobs done and go home to their families, so I welcome the opportunity to be at the table with you all on behalf of my providers so we can make sure we're not cutting out rural areas. But I still urge a yes on this so we listen to the smallest of our areas who are struggling to keep what they have.
Representative Gilchrist, this is your second time to speak. You have nine minutes, three seconds left.
Thank you, Madam Speaker. Just to clarify again, the amendment that went from 29 to 28 was a request by the providers. So that is why we made that amendment. And the providers include rural providers. And we ask for a no vote on this amendment.
Seeing no further discussion, the motion before us is the adoption of the second Johnson Amendment to the Committee of the Whole Report. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsay, how do you vote?
No.
Representative Lindsay votes no. Representative Routnell, how do you vote?
No.
Representative Routnell votes no. Representative Luck, how do you vote?
Yes, thank you.
Representative Luck votes yes. Representative Weinberg how do you vote Yes ma Representative Weinberg votes yes Representative Joseph Please close the machine.
With 21 a. 42 no and 2 excused, the amendment is lost. Mr. Schiebel, please read the third Johnson Amendment to the Committee of the Whole Report. House Bill 1425. Representative Johnson moved to amend the part of the Committee of the Whole to reverse the action taken by the Committee and not adopting the following Johnson Amendment L15 to House Bill 1425 to show that said amendment passed that House Bill 1425 is amended passed.
Representative Johnson. Thank you, Madam Speaker. I move the third and final Johnson Amendment to the Committee of the Whole and ask that it be properly displayed.
It is properly displayed. Please proceed.
Thank you, Madam Speaker. Colleagues, this is saying, because I know it's kind of small on the screen, that the board shall not adapt continuing education requirements that are more stringent than the continuing education requirements issued by a professional credentials certifying entity. Professional credentials certifying entity means the national standard that we have had already, except we're strictly necessary for public safety. We allow that provision because public safety should be at the top of everyone's mind. But we're asking not to add more stringent requirements on top of all these extra regulations regulations and licensures that are already being placed on people so they can maintain what they have, keep up with it, and that we're not putting extra burden on the people who are struggling, again, especially in rural areas, to keep offering these services for the communities that need them. I am just asking that we sit with the credentialing certifying entity on what they've already said is required and not add more stringent things on top of them. I would urge a yes vote.
Representative Brown. Thank you, Madam Speaker. And I appreciate my colleague and her engagement on this bill. I will say that this amendment cedes authority, Colorado authority, to some national organization. And while we certainly respect that organization, we believe that this power should be vested here with the regulatory board that we are creating in Colorado so that they can appropriately protect kids here locally. We ask for a no vote on this amendment.
Seeing no further discussion, the motion before us is the third Johnson Amendment to the Committee of the Whole Report. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsay, how do you vote?
No.
Representative Lindsay votes no. Representative Routenel, how do you vote?
No.
Representative Routenel votes no. Representative Luck, how do you vote?
Yes, thank you.
Representative Leck votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Valdez, how do you vote?
No.
Representative Valdez votes no. Please close the machine.
With 24 aye, 41 no and zero excused, the amendment is lost. Mr. Schiebel, please read the DeGraff Amendment to the Committee of the Whole report, Senate Bill 5. Representative DeGraff, move to amend the part of the Committee of the Whole to receive action taken by the Committee and now adopting the following DeGraff Amendment, L11, to Senate Bill 5, to show that Senate Bill 5 is amended past.
Representative DeGraff. Thank you, Madam Speaker. I move the DeGraff Amendment to SB005.
Representative DeGraff, if I could have you move it to the Report of the Committee of the Whole.
I move the DeGraff Amendment to the Report of the Committee of the Whole.
Thank you.
it is properly displayed Please proceed. I'm pretty sure I'll get that down by the time session's over. All right, so this just goes into the, if the plaintiff in the action brought pursuant to this section is charged with a criminal offense arising from the same incident that gave rise to the action brought pursuant to this section, the court shall stay the action brought pursuant to this section until the completion of the criminal proceeding. So if there is an underlying criminal charge that before we go after the agents that are enforcing the laws of the United States, that the charge against the individual would be adjudicated first, I ask for an aye vote.
Representative Mabry.
Thank you, Madam Speaker. Members, constitutional rights apply equally whether or not you've been accused of a crime, and we do not believe your ability to defend your constitutional rights should depend on if you've been charged. That's not the way the system has ever worked, and we ask for a no vote.
Representative DeGraff, this is your second time to speak. You have nine minutes, 14 seconds remaining.
Thank you, Madam Speaker, and I get that, that all persons are covered to some extent, but not all persons are covered in the same capacity. In this capacity, we're talking about Immigrations and Customs, and you're talking about whether the individual was in violation or is in violation of Immigration and Customs rules, which would put them on the criminal side and in violation of those laws. And if they're in violation of those laws and resisting arrest, then you would have the issue of whether the force was unreasonable, because if the arrest occurred and whether they are covered by the same laws to the same extent, certainly the rights that all the self-evident create are endowed rights of life, liberty, and the pursuit of happiness, but they also don't have the right to violate the laws, the immigration laws of the United States. So if they are in violation of the immigration laws, which is what the immigration and customs officials would be doing, then we need to adjudicate that first to find out to make sure that the rights or the laws, excuse me, make sure that the laws are something that they are actually covered by. If you're talking about their rights, their self-evident creator endowed rights, those are securable by their own government. Their government was instituted among men to protect and secure those rights, not our government. So if you're looking at those issues, you're looking at a delinquency on the part of their government, not necessarily ours. So if there is a conflict, if there is something here, we need to first determine, because there is a clear link between the immigration enforcement as to whether that person is actually a citizen of the United States and whether if they are a citizen of the United States is going to determine what laws apply to them. Certainly the rights apply to them, but not all laws apply to them. So I ask for an aye vote.
Representative Zokai. Thank you, Madam Speaker. I think it just bears reminding that even if you are charged and convicted, you do still have constitutional rights, and we ask for a no vote.
Seeing no further discussion the motion before us is the adoption of the DeGraff Amendment to the Committee of the Whole Report Mr Schiebel please open the machine and members proceed to vote Representative Bradley how do you vote Yes Representative Bradley votes yes Representative Lindsay how do you vote No
Representative Lindsay votes no
Representative Rootnel, how do you vote? No
Representative Rootnel votes no
Representative Weinberg, how do you vote? Yes, ma'am
Representative Weinberg votes yes
Representative Luck, how do you vote? Yes, thank you
Representative Luck votes yes Representative Valdez, how do you vote? No, thanks. Representative Valdez votes no. Please close the machine. With 22 I, 43 no, and zero excuse, the amendment is lost. Mr. Schiebel, please read the SOPR amendment to the Committee of the Whole Report, Senate Bill 36.
Representative Soper moved to amend the report of the Committee of the Whole to a Rissiation taken by the Committee and adopting the following Soper Amendment, L11 to Senate Bill 36 to show that Senate Amendment passed. That Senate Bill 36 is amended past. Representative Soper.
Thank you, Madam Speaker. I move the Soper Amendment to the Committee of the Whole Report
and ask that it be displayed. It is properly displayed. Please proceed.
Thank you, Madam Speaker. So, members on page 10 of the bill, if you look at the very top of the bill, It talks about if the sentencing court receives notice from the department pursuant to this section, then the court shall notify the defendant and the prosecution and request that the defendant file a motion for reconsideration. And then it goes on to say that if the defendant chooses to do so, unless the defendant had been sentenced to prison as the result of a stipulated plea agreement for an exact number of years in prison. So that's the exception. If they were subject to a plea agreement for an exact number of years, then they are not taking advantage of this section for reconsideration. What we're wanting to add in here is when it was subject to a jury verdict and the court sentenced to an exact number of years so that there's parity. because why would we have a plea agreement have a higher bar than when a jury of your peers has come up with the verdict and the court has sentenced you? So it's important that we have correct language and that we're clear with what we're doing. Either everyone should have reconsideration, but why is it that someone who has gone through a jury has reconsideration, but if you've accepted a plea agreement, you don't get reconsideration? So this is really about parity within the law, and we'd ask for a yes vote.
Seeing no further, Representative Zocay.
Thank you, Madam Speaker. Members, we are going to ask for a no vote on this. We do have an exception for stipulated plea agreements, and the idea being that the defendant was a part of that agreement, and that is different than something imposed by the court. we do want those defendants to still be able to file a motion for reconsideration. And the fact that we have that exception for plea agreements is a result of stakeholding, and we'd like to keep it limited to that. So ask for your no vote.
Representative Soper, this is your second time to speak. You have eight minutes and 23 seconds remaining.
Thank you, Madam Speaker. You know, one thing that was just set up here is if someone agrees to a plea agreement that they have been participating in that. Well, if someone actually goes to the jury we talking about less than 1 of all cases And if you convicted by a jury of your peers that a unanimous vote of the jury They found beyond reasonable doubt that you were guilty And then the court sentences that individual as such. That person was participating in the fact that they chose to go all the way to a jury verdict. They could have accepted a plea agreement along the way. That's the process that we have that plays out. And so to say that someone who goes all the way to a jury verdict gets reconsideration, but someone who has accepted a plea agreement, which, by the way, let's not forget we have heard very recent bills that prosecutors use more serious crimes as leverage to get plea agreements. So we're saying that someone who was afraid, who accepted a plea agreement, does not get reconsideration, but then someone who goes all the way to a jury verdict is now subject to reconsideration, whereas the person who accepted the plea bargain does not. It doesn't make sense there, and that's why I would ask for a yes vote for parity.
AML Bacon I just want to thank you Madam Speaker and thank you to my colleague for talking about plea agreements for what it's worth when we negotiated this the argument was that if you were part of a plea agreement that means you agreed to the term so when we're talking about motions to reconsider we do understand where you're talking about jury verdicts. That is, somebody was there, they participated in the defense, and they were found convicted. But in a plea agreement, you're accepting the terms. So if we're going to sign motions to reconsideration, we wanted to not include plea agreements for that reason. However, if you wrote this a different way and said to strike plea agreements, we would probably accept that. but that's unfortunately not what this says per the conversations we had with DOC and the state. So we're still going to ask for a no vote. Thank you. Seeing no further discussion. The motion before us is the adoption of the SOPR amendment to the committee of the whole report. Mr. Schiebel, please open the machine and members proceed to vote representative Lindsay. How do you vote? No representative Lindsay votes. No representative Bradley. How do you vote?
Yes.
Representative Bradley votes yes. Representative Luck, how do you vote?
Yes, thank you.
Representative Luck votes yes. Representative Weinberg, how do you vote? No, ma'am. Representative Weinberg votes no. Representative Kinnell, how do you vote? No. Representative Kinnell votes no. Representative Valdez, how do you vote? No. Representative Valdez votes no. Please close the machine. With 21 I, 44 no and zero excused, the amendment is lost. The motion before us is the adoption of the Committee of the Whole Report. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote? No.
I'm sorry, I did not hear.
No. Representative Bradley votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Rutinnell, how do you vote?
Yes.
Representative Rutinnell votes yes. Representative Leck, how do you vote?
No, thank you.
Representative Leck votes no. Representative Weinberg how do you vote No ma Representative Weinberg votes no Representative Valdez how do you vote Yes Representative Valdez votes yes Representative Bottoms is excused. Please close the machine. With 43 I, 21 no and one excuse, the report of the Committee of the Whole is adopted. Members, we are moving on to third reading. Madam Majority Leader. Madam Speaker, I move to lay over Senate Bill 43 until tomorrow. Senate Bill 43 will be laid over until tomorrow. Madam Majority Leader. Madam Speaker, I move to lay over Senate Bill 149 and House Bill 1307 until tomorrow. Madam Majority Leader, do you have 1117? Thank you, Madam Speaker. Yes, I move House Bill 1117 until after Senate Bill 6. House Bill 1117 will be laid over after Senate Bill 6. Madam Majority Leader. Thank you, Madam Speaker. I move to lay over Senate Bill 149 and House Bill 1307 until tomorrow. Senate Bill 149, House Bill 1307 will be laid over until tomorrow. Mr. Schiebel, please read the title to Senate Bill 134.
Senate Bill 134 by Senators Lindstedt and Judah, also Representatives Durant and McCluskey, concerning the imposition of fees by payment card networks.
Madam Majority Leader. Madam Speaker, I move Senate Bill 134 on third reading and final passage. The motion before us is the adoption of Senate Bill 134 on third reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote. representative fennessey how do you vote representative lindsey votes yes representative bradleyfi how do you vote yes representative bradley votes yes representative luck how do you vote no thank you representative luko votes no representative wineberg how do you vote yes ma'am representative wineberg votes yes representative routinel how do you vote yes representative routnow votes yes representative Valdez how do you vote Yes. Representative Valdez votes yes. Please close the machine. With 44 aye, 20 no, and one excuse, Senate Bill 134 is adopted. Co-sponsors. Representative Routenel, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1043.
House Bill 1043 by Representatives Ryden and Pascal, also Senator Kipp, concerning measures to address discriminatory conduct engaged in by transportation network company drivers in providing services to riders.
Madam Majority Leader. Madam Speaker, I move House Bill 1043 on third reading and final passage. The motion before us is the adoption. House Bill 1043 on 3rd reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
No, thank you.
Representative Bradley votes no. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Routnell, how do you vote?
Yes.
Representative Routnell votes yes. Representative Lindsey, how do you vote?
Yes.
Representative Lindsey votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? No, ma'am. Representative Weinberg votes no. Please close the machine. With 46I18 no and one excused, House Bill 1043 is adopted. Co-sponsors. Representative Routenel, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1100.
House Bill 1100 by Representatives Stuart R. and Espinosa, also Senator Snyder, concerning updates to guardianship for incapacitated adults.
Madam Majority Leader. Madam Speaker, I move House Bill 1100 on third reading and final passage.
Representative Stewart. Thank you, Madam Speaker. I would like to request permission to run a third reading amendment.
Please briefly explain. This amendment was negotiated by the Judicial Department and the JBC staff.
Since there was a departmental difference, we're going to ask for some reporting based on the theoretical increased workload. The motion before us is permission to run a third reading amendment on House Bill 1100.
Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsay, how do you vote?
Yes.
Representative Lindsey votes yes. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Rutanil, how do you vote?
Yes.
Representative Rutanil votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? Yes, ma'am. Representative Weinberg votes yes. Please close the machine With 62 I, 2 no, and 1 excused Permission is granted Representative Stewart
Thank you Madam Speaker I move L005 to House Bill 1100 And ask that it be properly displayed One moment please
The amendment is properly displayed Please proceed
Thank you, Madam Speaker. Like I said before, this just adds a reporting requirement with existing data sources for the next couple of years to determine the impact of the bill.
Seeing no further discussion, the motion before us is the adoption of L-005 to House Bill 1100. Mr. Schiebel, please open the machine and members proceed to vote. Representative Lindsay how do you vote Yes Representative Lindsay votes yes Representative Bradley how do you vote Hunt Representative Lindsey votes yes Representative Bradley Representative Bradley votes yes Representative Rodenell how do you vote Res. RepresentativeUI Valdez How do you vote? Liz Bidwell Representative��요 Valdez votes yes Representative Luck how do you vote? Ana
sounding the language
Representative Luck Representative Weinberg Yes, ma'am. Representative Weinberg votes yes. Please close the machine. With 62I2 no, one excused. Amendment L005 is adopted. Madam Majority Leader. Madam Speaker, I move House Bill 1100 as amended on third reading and final passage. The motion before us is the adoption of House Bill 1100 as amended on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
No.
Representative Bradley votes no. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Rutnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? Yes, ma'am. Representative Weinberg votes yes. Please close the machine. With 51-I, 13-no, and 1 excused, House Bill 1100, as amended, is adopted. Co-sponsors. Representative Routenel and Lindsay, co-sponsor. Please close the machine. Mr. Schiebel, please read the title to House Bill 1309.
House Bill 1309 by Representatives for Lick and Story, also Senator Wallace, concerning measures related to forms of abuse in cases regarding a separation of a relationship.
Madam Majority Leader. Madam Speaker, I move House Bill 1309 on third reading and final passage. The motion before us is the adoption of House Bill 1309 on third reading, final passage. Mr. Schiegel, please open the machine, and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Lindsey, how do you vote?
Yes.
Representative Lindsey votes yes. Representative Rutnel, how do you vote?
Yes.
Representative Rutnel votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? Yes, ma'am. Representative Weinberg votes yes. Please close the machine. With 47 ayes, 17 no, and one excused, House Bill 1309 is adopted. Co-sponsors. Representative Lindsay Co Representative Routenel co Please close the machine. Mr. Schiebel, please read the title to Senate Bill 163.
Senate Bill 163 by Senator Roberts, also Representative Smith, concerning the regulation of gambling activities in the state and in connection therewith, expanding the scope of the licensing duties that the Colorado Limited Gaming Control Commission may delegate to the Division of Gaming, allowing individuals to voluntarily exclude themselves from sports betting in the state and allowing the Director of the Division of Gaming to approve optional wagers and minor modifications for certain table games.
Madam Majority Leader. Madam Speaker, I move Senate Bill 163 on third reading and final passage. The motion before us is the adoption of Senate Bill 163 on third reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
No.
Representative Bradley votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Rutnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? No, ma'am. Representative Weinberg votes no. English. Please close the machine. With 45I-19-01 excuse, Senate Bill 163 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 146
Senate Bill 146 by Senator Cutter, also Representative Froehlich concerning restricting the distribution of single-use food serviceware
Madam Majority Leader Madam Speaker, I move Senate Bill 146 on third reading and final passage The motion before us is the adoption of Senate Bill 146 on third reading and final passage Mr. Schiebel, please open the machine, and members proceed to vote. Representative Bradley, how do you vote?
No.
Representative Bradley votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Routenel, how do you vote?
Yes.
Representative Routenel votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? No, ma'am. Representative Weinberg votes no. Please close the machine. With 39 I, 25 no, and one excused, Senate Bill 146 is adopted. Co-sponsors. Representative Lindsay co-sponsors. Please close the machine Mr. Schiebel, please read the title to Senate Bill 113.
Senate Bill 113 by Senators Ma Blaine Ball, also Representatives Carter and McCormick, concerning requiring a recovery residence to obtain a license from the Behavioral Health Administration.
Madam Majority Leader. Madam Speaker, I move Senate Bill 113 on third reading and final passage. The motion before us is the adoption of Senate Bill 113 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote? No. Representative Bradley votes no. Representative Lindsay, how do you vote? Yes. Representative Lindsay votes yes. Representative Luck, how do you vote? No, thank you. Representative Leck votes no. Representative Routnell, how do you vote?
Yes.
Representative Routnell votes yes. Representative Valdez, how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg, how do you vote? Yes, ma'am. Representative Weinberg votes yes. Smith. Please close the machine. With 48 I, 16 no, and 1 excuse, Senate Bill 113 is adopted. Co-sponsors. Representative Lindsay, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 48.
Senate Bill 48 by Senators Hendrickson and Marchman, also Representatives Joseph and Garcia, concerning limiting the age difference between parties to a marriage that requires judicial approval when one party is a minor.
Madam Majority Leader. Madam Speaker, I move Senate Bill 48 on third reading and final passage. The motion before us is the adoption of Senate Bill 48 on third reading and final passage. Mr. Sheebal, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
No.
Representative Bradley votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Rutnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Valdez, how do you vote?
Yes.
Representative Valdez votes yes. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Please close the machine. With 41, I, 23, no, and one excuse, Senate Bill 48 is adopted. Co-sponsors. Please close the machine.
Mr. Schiebel, please read the title to Senate Bill 147.
Senate Bill 147 by Senators Cutter and Pelton are also representatives of Johnson and Froehlich concerning the regulation of lobbyists Connection therewith, making appropriation.
Madam Majority Leader.
Madam Speaker, I move Senate Bill 147 on third reading and final passage.
The motion before us is the adoption of Senate Bill 147 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Luck, how do you vote?
Yes, thank you.
Representative Luck votes yes. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsay, how do you vote?
Yes.
Representative Lindsey votes yes. Representative Rutnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Valdez, how do you vote?
Yes.
Representative Valdez votes yes. Representative Weinberg, how do you vote?
Oh, yes. Oh, heck yes.
Representative Weinberg votes yes. Please close the machine. With 62 I, 2 no, and 1 excuse, Senate Bill 147 is adopted. Co-sponsors. Representative Bradley, Weinberg, Lindsay, co-sponsor. Mr. Schiebel, please Oh, please close the machine Mr. Schiebel, please read the title to Senate Bill 6
Senate Bill 6 by Senators Mabla and Kirkmeyer Also representatives Brown and Taggart Concerning parity for the use of non-opioid pain management drugs And a connection therewith making appropriation
Madam Majority Leader
Madam Speaker, I move Senate Bill 6 on third reading and final passage.
Representative Brown.
Thank you, Madam Speaker. I move for permission to run a third reading amendment on Senate Bill 6.
Please briefly explain.
Thank you. I think, as you know, this time of session especially, our stakeholding is ongoing. we have identified a couple of issues that the Division of Insurance in particular has raised about the implementation dates as well as potential risk to the state's budget, and we would like to run an amendment to clean that up.
Seeing no further discussion, the question before us is permission to run a third reading amendment on Senate Bill 6. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Luck, how do you vote?
Yes, thank you.
Representative Luck votes yes. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Rutanel, how do you vote?
Yes.
Representative Rutanel votes yes. Representative Valdez, how do you vote?
Yes.
Representative Valdez votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Please close the machine. With 64 eyes, 0 no, 1 excused. Permission is granted. Representative Brown.
Thank you, Madam Speaker. I move L011 to Senate Bill 6 and ask that it be properly displayed One moment It is properly displayed Please proceed Thank you, Madam Speaker. I appreciate this is a somewhat lengthy amendment. This, again, this bill, this amendment, make sure that the bill will go into effect in 2020 for the plan for individual and small group health insurance plans. It will go into effect January 1st of 2027. And for large employer health benefit plans, it will go into effect January 1st of 2028. In addition, lines 11 through 20, as well as lines 26 through 32, make sure that if for some reason the federal government should determine that this is an additional benefit that requires us to defray the costs of the advanced premium tax credits on the exchange, that this particular bill would not go into effect for plans that that would affect. So we would ask for an aye vote on this amendment, and I apologize for my complicated explanation.
Seeing no further discussion, the motion before us is the adoption of L011 to Senate Bill 6. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
Yes.
Representative Bradley votes yes. Representative Lindsey, how do you vote?
Yes.
Representative Lindsey votes yes. Representative Rutnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Luck, how do you vote?
Not reading it. No, thanks.
Representative Luck votes no. Representative Valdez, how do you vote?
Yes.
Representative Valdez votes yes, and Representative Weinberg, how do you vote?
Yes, Madam Speaker.
Representative Weinberg votes yes. please close the machine with 63 I one no and one excused amendment L011 is adopted Madam Majority Leader
Madam Speaker I move Senate Bill 6 as amended on third reading and final passage
Representative Marshall
thank you Madam Speaker it's an honor to serve with you it is an honor to serve with you Colleagues, this bill went through very quick. Nobody spoke for it or against it except the sponsors, and I was reading through the fiscal note, trying to digest it real quick on seconds, and it got shut down before I could get down there. The amendment that was brought was one of the main reasons I was coming down here, but it's not solving all the problems. So this amendment, and again, we're on final reading. Senate bill coming over, final reading to send it to the governor, And on a third reading amendment, we finally get to an issue that was a bloody sucking chest wound in the fiscal note, if you could see it, and this doesn't totally take care of it. If the federal government finds that these non-opioids are not part of an essential health plan, the state is required to pick up that entire cost. That why this amendment was run to say oh I am not 100 sure this covers it though because it doesn say the coverage is contingent So I don know if there a preauthorization where we can ask the federal government if this will violate it or not Because if we go forward and for two years we're paying for it, and then the federal government in its efficiency finally comes down and says, no, this isn't part of it, we're on the hook for all of that. And it's not just a little bit of money, because the second issue I wanted to bring forth was the actuarial basis in the fiscal note says this analysis found that the parity requirements would increase premiums by about 0.1% across the various insurance segments. And that may not seem like much, but when we're talking about tens of billions of dollars, that's a lot of money. And if we could cut health care premiums across the board throughout the state 0.1%, we would be jumping for joy in sending out press releases all over the place. And when we're sending out press releases all the time about how we're making Colorado more affordable and we're voting for mandates that increase premiums across the board, 0.1%, in the fiscal environment we're in, coupled with the possibility of a sucking chest wound coming in the future, on top of the fact this bill doesn't cover state plans and you know why? Because it would be very expensive. There would be a fiscal note that couldn't get through if we were going to have the state cover it. But we're going to have all the private individuals out there cover it by the increase in premiums. It's not what we should be doing. Thank you.
Seeing no further discussion, The motion before us is the adoption of Senate Bill 006 as amended on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Bradley, how do you vote?
No.
Representative Bradley votes no. Representative Luck, how do you vote?
No, thank you.
Representative Luck votes no. Representative Lindsay, how do you vote?
Yes.
Representative Lindsay votes yes. Representative Routnell, how do you vote?
Yes.
Representative Rutnell votes yes. Representative Valdez, how do you vote?
Yes.
Representative Valdez votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Please close the machine. With 48 I, 16 no, and one excuse, Senate Bill 6, as amended, is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1117.
House Bill 1117 by Representatives Ricks and Gonzalez, also Senator Linstead, concerning temporary hospitality event permits that allow excuse me that authorize the consumption of marijuana Madam Majority Leader Madam Speaker I move House Bill 1117 on third reading and final passage The motion before us is the adoption of House Bill 1117
on third reading, final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Luck, how do you vote? No, thank you. Representative Luck votes no. Representative Lindsay, how do you vote? No. Representative Lindsay votes no. Representative Bradley how do you vote? No. Representative Bradley votes no. Representative Rutnell how do you vote? No. Representative Rutnell votes no. Representative Valdez how do you vote? Yes. Representative Valdez votes yes. Representative Weinberg how do you vote? No ma'am. Representative Weinberg votes no. Brooks Clifford Froelich Soper
Please close the machine.
with 33 I, 31 no, and one excused, House Bill 1117 is adopted. Co-sponsors. Please close the machine. Madam Majority Leader.
Madam Speaker, I move to lay over the balance of the calendar until Thursday, May 7, 2026.
Seeing no objection, the balance of the calendar will be laid over until tomorrow, Thursday, May 7. Any announcements or introductions, members?
Thank you. Thank you, members.
Seeing no announcements or introductions, Madam Majority Leader.
Thank you, Madam Speaker. I move that the House stand in recess until later today.
The House will stand in recess until later today.
Thank you.