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Committee HearingHouse

House State, Civic, Military, & Veterans Affairs [Mar 26, 2026 - Upon Adjournment]

March 26, 2026 · State, Civic, Military, & Veterans Affairs · 26,880 words · 17 speakers · 380 segments

Ben Ben Vagerother

The House State Civic Military and Veterans Affairs Committee will come to order. Ms. King, please call the roll.

Ms. Kingother

Representatives Bottoms.

Representative Bottomsassemblymember

Here.

Ms. Kingother

Bradley.

Representative Bradleyassemblymember

Here.

Ms. Kingother

Carter.

Representative Bradleyassemblymember

Excused.

Ms. Kingother

Espinoza.

Representative Espinozaassemblymember

Here.

Ms. Kingother

Furet.

Representative Furetassemblymember

Excused.

Ms. Kingother

Krolick.

Representative Krolickassemblymember

Here.

Ms. Kingother

Buck.

Representative Buckassemblymember

Here.

Ms. Kingother

Wynn.

Representative Wynnassemblymember

Present.

Ms. Kingother

Ricks.

Representative Representative Ricks or Representative Cliffordassemblymember

Yeah.

Ms. Kingother

Clifford.

Representative Representative Ricks or Representative Cliffordassemblymember

Here.

Ms. Kingother

Madam Chair.

Representative Representative Ricks or Representative Cliffordassemblymember

Here.

Ben Ben Vagerother

All right. We have four bills on the agenda. We'll start with Senate Bill 47.

Representative Phillipsassemblymember

Representative Phillips.

Ben Ben Vagerother

Representative Camacho, if you want to speak first, you can speak first.

Representative Camachoassemblymember

It's okay.

Ben Ben Vagerother

Come on, guys. Wow, that was apparently a super big deal.

Representative Phillipsassemblymember

Thank you, Madam Chair, and thank you, committee. This is my second time, first time this year, second time ever to the committee, so happy to be back. SB 26047, it's a technical but necessary update to Colorado law that improves clarity, consistency, and fairness in how ballot questions are administered for firefighter collective bargaining. So right now the statute allows voters to petition for a ballot question, but the definition of general election is not fully aligned with how elections are actually conducted across the state. So the mismatch can create uncertainty for local governments, election officials, and the voters themselves. This bill fixes that by explicitly including coordinated elections within the definition, ensuring alignment with the uniform election code, and providing a clear administrative standard moving forward. From a governance perspective, this is just about making sure that the law functions smoothly. It reduces ambiguity, supports election administrators, and ensures that when voters qualify a question, it can be placed on the ballot in a predictable and legally sound way. It also respects local control and voter choice. This bill does not change the substance of collective bargaining policy. It simply ensures the process for getting the question to the ballot works as intended. And for those reasons, I urge a favorable recommendation and defer to my co-sponsor.

Representative Camachoassemblymember

Representative Camacho. Thank you, Madam Chair, members of the committee, and thanks for the great introduction from my co-prime sponsor. So as Representative Phillips mentioned, this is a straightforward bill, but it's an important bill that ensures our election laws work as intended and firefighters have a fair and functional path to collective bargaining. Under current law, firefighters and their communities can petition to place a question on the ballot to allow collective bargaining under the Colorado Firefighter Safety Act. However, there's ambiguity in how a general election is defined, which can create confusion about when these questions can actually appear before voters. The bill clarifies that definition. Specifically, it ensures that the ballot questions related to firefighter collective bargaining can be placed on coordinated elections, including certain statewide general elections in odd-numbered years, consistent with the uniform election code. What this means in practice is simple. Communities that will have done the work, gathered signatures, engaged voters, and followed the law will have a clear and predictable opportunity to bring these questions forward. At its core, this bill is about fairness and access to the democratic process. Firefighters put their lives on the line for our communities every day. ensuring that they have a clear pathway to a vote on collective bargaining is a reasonable and responsible step this legislation again does not mandate collective bargaining it simply ensures that if you done the work collected the signatures and have community support you can get it onto the ballot So for that we ask for an aye vote Thank you very much Sponsors Committee Any questions

Ben Ben Vagerother

Okay, I'm not seeing any, so we'll move into witness testimony. You guys can stay right there. We don't presently have anybody signed up. So I'll make a quick call. If there's anybody that'd like to provide testimony, please come forward at this time. I also want to state for the record that Representative Carter has joined us and will offer an interpretive dance at the conclusion of the committee. Welcome. You have three minutes. Tell us who you are and the floor is yours.

Jimmy Allen or Caitlin Jenkinsother

Thank you, Madam Chair. My name is Jimmy Allen. I represent more than 5,000 firefighters in the Colorado area. this not much to be said about a one-page bill that hasn't already been said but we're truly just trying to align language so everybody can agree on when we can ask the voters to collectively bargain with that being said a great bill vote yes and sorry for the snafu this morning madam

Ben Ben Vagerother

chair I thought I registered online for no worries at all glad that you could still testify and thank Thank you for the brevity. That was wonderful. Members, any questions for this witness?

Representative Bottomsassemblymember

Representative Bottoms. Yes, sir. Thank you. I didn't catch your name, but are you part of the union?

Jimmy Allen or Caitlin Jenkinsother

You represent the union, Firefighters Union.

Representative Bottomsassemblymember

Go ahead.

Jimmy Allen or Caitlin Jenkinsother

Thank you, Madam Chair. Yes, Representative, my name is Jimmy Allen. I represent the Colorado Professional Firefighters.

Ben Ben Vagerother

Any other questions? Representative Bradley.

Representative Bradleyassemblymember

Thank you. I'm trying to read my scribble. I think one thing that stood out to me when I was reading this last night, Mr. Allen, maybe you can help me. How does this affect maybe rural Colorado's smaller firefighter stations and people that are only volunteer firefighters? Mr. Allen?

Jimmy Allen or Caitlin Jenkinsother

Thank you, Madam Chair. Representative, that's a good question. It doesn't change any of the previous law.

Ben Ben Vagerother

in that regard. Any other questions? All right. Seeing none. Thank you for your testimony and we're going to close the witness phase. All right. Moving into amendments. Do you have any amendments? No. Okay. Committee, any amendments? Okay. Seeing none, the amendment phase is now closed. Bill wrap up. Representative Phillips. Thank you, Madam Chair.

Representative Phillipsassemblymember

At a time when fires are a major concern throughout the state, and we just had one of my House District recently. I hope we're all going to support firefighters with this bill and I urge a yes vote.

Ben Ben Vagerother

Members, any closing comments? Oh, I'm sorry, Camacho. Go ahead.

Representative Camachoassemblymember

Thank you, Madam Chair. I couldn't agree more. I think we are heading into a time in Colorado history where we're going to need firefighters more than ever. And this is an opportunity that we can stand up for them and provide them clarity for when they're trying to advocate for themselves. and I vote for that I urge you to vote.

Ben Ben Vagerother

Thank you very much, sponsors.

Representative Representative Ricks or Representative Cliffordassemblymember

Vice Chair Clifford. Thank you, Madam Chair. I move Senate Bill 26047 to the Committee of the Whole

Ben Ben Vagerother

with a favorable recommendation.

Representative Zokaiassemblymember

Second.

Ben Ben Vagerother

Seconded by Representative Carter. Any closing comments? Okay. I was hoping maybe someone would give us a closing comment. I believe Representative Farré is walking across the street, so we will stand in a – oh, look at that.

Representative Buckassemblymember

okay thanks representative Wynn happy to butter up here no I think this is a I very supportive of this amazing piece of legislation because firefighters should be protected And our communities right now are facing a lot And I a yes

Ben Ben Vagerother

Thank you so much. Very well done, Representative. For the record, I want to note that Representative Furet has joined us.

Ms. Kingother

And with that, Ms. King, please poll the committee.

Representative Bottomsassemblymember

Representatives Bottoms. No.

Ms. Kingother

Bradley.

Representative Bradleyassemblymember

No.

Ms. Kingother

Carter.

Representative Bradleyassemblymember

Yes.

Ms. Kingother

Espinosa.

Ben Ben Vagerother

Yes. Hooray? Yes. Roelich? Yes. Locke? No. Wynn? Yes. Ricks? Yes. Clifford? Yes. Madam Chair? Yes. House Bill, or I'm sorry, Senate Bill 47 passes on a vote of 8 to 3. Congratulations. All right. Our next bill is, let's see. We need to call. Congratulations. Okay. All right, members, we're going to stand in a very short recess while we get our bill sponsors over here. And in the meantime, we still need Zokai. Oh, I was like, if you want to. In the meantime, members, feel free to enjoy some of the amazing snacks that Representative Bradley shared with us. And if we can turn on music, we'll turn on music. The committee will stand in a brief recess. Thank you. Thank you. Thank you Thank you. Thank you. The committee will come back to order. Correct. All right, we have Senate Bill 120 with Representatives Zokai and Bradley. Who would like to begin? Representative Bradley.

Representative Bradleyassemblymember

Thank you, Madam Chair, and thank you, members of the committee. Um, Senator Marchman had approached me about this bill and the families that have been affected one specifically in her district and knew that I needed to get on this bill. So what does this bill do? There were a lot of Senate amendments and rep Zoka is going to kind of run you guys through that. But in essence, what the bill does currently not all posts. So peace officers, standard training, certified officers receive formal training on missing persons, alert systems. So that leads to a really big gap. In this case, the Evans, Evans Police Department did not understand missing persons for a 20 year old. Delayed public notifications, missing persons alerts rely on timely reporting and proper activation by law enforcement. Without this training alerts may be issued too late or incorrectly. Vulnerable individuals could be in danger for that. longer periods. And then when it comes to campus safety, it includes a pilot for higher education institutions to report and check on missing students. Without this bill, colleges and universities may not have clear procedures to identify or act on a missing student quickly. And I just want to be clear for the record. These are not kids that went on a bender into a concert and then they're just sleeping in and their parents are worried because they haven't talked to Timmy in a couple hours. These are, you have to have in the bill it states, you have to have credible evidence of the risk to the student's safety. So about 800 voluntary students are missing, but the smaller number of high risk cases are what we need faster response times for in true emergencies where we need a wellness check. And schools and administrators are already supposed to be doing this law enforcement's already supposed to report it but you'll hear from a family today where that did not happen and so we started looking into the law and there was a significant gap so what we see are continued disparities for vulnerable populations and legal and public confidence implications the bottom line is that Colorado risks lower inconsistent and less effective responses to missing persons reports especially on college campuses and so this is just to close that loophole so that our kids that are away and it might be in significant danger can get the necessary protections they need as quickly as possible.

Ben Ben Vagerother

Representative Zokai.

Representative Zokaiassemblymember

Thank you, Madam Chair and committee members. I want to first start by thanking Senator Marchman for her leadership in this space. This was a bill that she started looking into after a tragedy in her district, and the response to that was confusing and clunky and really just not how it should have been. And I appreciate that she took action and has really paved the way and allowed my wonderful co-prime here and I to continue building on her work. I will say that, to the surprise of no one, this is our first bill together. And I think that it really speaks to the fact that as parents, as moms, we really do feel for what these families have been through, and they have been through just the unimaginable worst. And I am so in awe of them of taking that tragedy and turning it into a meaningful change for other families so that they don't have to suffer as they did. We have currently situations where an adult is missing and families are told to just wait before filing a report. We have institutions that are not sure of who has jurisdiction and there's critical information that simply does not make it into databases quickly enough and those gaps cost time and in situations like these those lags in time can lead to tragic outcomes and no parent should be told to just wait when their child is missing. We want to make sure that the system does move immediately and decisively just as we all would want for ourselves if it was our children. So I'm going to go through what this bill requires. there was a number of amendments in the Senate, I think five, each responding to different concerns from higher education institutions. I'm not going to go through them as amendment by amendment because they are now the bill that you have before you. So I will just talk about what this bill does but I do want to just impress upon the committee how much work went into this in the Senate to get us to this space. So what this bill does is require specialized training so that every officer understands the full range of alerts available. We need to ensure that the training is consistent on the tools that are available to law enforcement and when they need to activate them That consistency is what saves lives And we are tying that training to certification and recertification requirements to make sure that those protocols are not optional but become standard practice across Colorado. When a higher education institution is alerted that a student who was last known to reside in the state is missing, that institution must either immediately inform law enforcement or conduct a wellness assessment. That wellness assessment and those protocols are defined on page five. So I'm not going to go through and read the bill, but I will just point out where you can find these details. They also must document that assessment, and the details of what must be documented are on page seven. Those records must be retained for three years. If they do not locate the student within six hours, then they must notify their institution's police department. If they do not have a police department within their institution, they notify the nearest law enforcement agency with jurisdiction. It also requires that a higher education institution have a wellness assessment policy that they do make public. The requirements of that policy are outlined on page six. And so I want to once again note that the language before us and this process that we are requiring came after a number of amendments and a lot of stakeholding in the Senate. Part of that also is a good faith immunity. You can find the language of that immunity on the bottom of page four and the top of page five. And finally, I'll just say that this bill did pass 34 to zero in the Senate, and I really hope that we can do the same here. Thank you so much. Happy to answer any questions.

Ben Ben Vagerother

Members, do you have any questions for the sponsors? Representative Locke. Okay. Thank you, Madam Chair. Thank you ladies for presenting this bill, for bringing the bill forward. Can one of you just let me know if I'm understanding correctly that the bill intends to cover all institutions of higher education, public and private, or is it just focused on public institutions? Representative Bradley.

Representative Bradleyassemblymember

Yes. Thank you, Madam Chair, and thank you, Rep Luck, for the question. It does. We felt in talking to the senator that a kind of across the board so there's no confusion was the best way to go. I realized that we're in a little bit of a policy disagreement in regards to that, and that's fair, and I certainly understand that.

Ben Ben Vagerother

Any other questions? Okay. Not seeing any, so we're going to move forward with witness testimony. We have four individuals signed up, and so we'll bring everybody up all at once. We have Caitlin Jenkins, Rebecca Russell, Vanessa Diaz, and Leah Schultz-Bartlett. And then if there's anybody else that wishes to provide testimony on this bill, please come forward at this time. Okay. While we get everybody else pulled up online, would you like to begin? Okay. Please introduce yourself. Make sure your microphone is on and the floor is yours for three minutes. Thank you Madam Chair and members of the committee.

Jimmy Allen or Caitlin Jenkinsother

My name is Caitlin Jenkins. I'm the Amber and Alert Coordinator with the Colorado Bureau of Investigation. The CBI supports this bill which would make alert training a post requirement. By allowing the CBI to implement existing training in a mandatory and ongoing fashion, the state can be assured that peace officers in Colorado are aware of the program and the resources available to them in missing person cases Not only does knowledge of the alert program improve safety and possibly assist in the initial response to missing person cases but as mentioned earlier it builds consistency and encourages accountability in how they are investigated The CBI routinely provides law enforcement training currently at the request of local agencies, including in-service training for entire departments and multi-jurisdictional teams. The effort of this bill simply builds on what is already in place for the better. The alert program in Colorado consists of seven alert types, five of which focus on missing persons. It's a tool at the request of local law enforcement that uses the media and the public to help bring our missing persons home safely. Through proper use of the alert program, local law enforcement, in partnership with CBI, has solved major crimes, located and recovered endangered missing children and adults, and generated thousands of leads called in by concerned citizens of Colorado. Getting an alert issued is a relatively simple process. local law enforcement will contact CBI. CBI will determine whether the circumstances meet any of the alert criteria set forth in prior legislation. If criteria are met, an alert can be issued. If they are not met, the CBI has implemented the endangered missing alert, also known as a media alert, which can be issued if circumstances indicate an at-risk individual or endangering circumstances. It has always been the CBI stance that we hope local law enforcement will call us early and often in missing person cases so that we can use alerts to ensure swift action in recovering missing persons. The program accounts for approximately 50% of missing person recoveries depending on the alert type. I also have more stats if any are needed. Building on existing training to ensure Colorado peace officers know and understand alert resources further enhance the CBI mission to pursue justice and ensure a safer Colorado. Thank you everyone. Happy to take

Ben Ben Vagerother

questions if you have any. All right. Thank you very much. Hang tight and we'll get to questions later let's go online to miss Vanessa Diaz please come off mute and the floor is yours

Vanessa Diaz or Steve Odorizioother

hello thank you for having me today I'm Vanessa Diaz I'm Megan Trussle's mother when Megan was first reported missing from her dorm at sea Boulder we believed that meant the people around her would know to look that did not happen students were not alerted that Megan was missing the people were on campus that night, the people who may have seen her, who may have crossed her path, did not know to pay attention, did not know to come forward, did not know they might hold important information. When a student disappears from campus, the campus community is often the best source of information, but only if they actually know that the student is missing. In Megan's case, that opportunity passed without anyone even knowing to look. We still do not know who saw her that night. We still do not know who may have had information in those first hours and now we never will. I also requested a missing Indigenous Person Alert on February 12th to the university. It was not issued until late on February 14th. The law states that was supposed to be done within eight hours of notification. That delay reflects why training matters. Families should not have to request tools that already exist and those tools should be used without delay when a student is missing. Those early hours are when witnesses still remember what they saw when details are clear when somebody might think i saw her or i passed her or something just doesn't seem right this bill does not require universities to investigate students it simply requires them to act quickly when a student is reported missing to look to check to reach out and to ensure that if a student cannot be located law enforcement is notified without delay because when nobody knows a student is missing no one can help we cannot go back to the night megan disappeared but we can make sure that the next student who goes missing is not invisible to the very community that could help them

Ben Ben Vagerother

Thank you. Thank you so much for your testimony. We're going to move on to Leah Schultz Bartlett.

Leah Schultz Bartlett or Steve Odorizio or Mac Novosadother

Welcome. Thank you for having me. My name is Leah Schultz Bartlett. I'm here today on behalf of Megan Trestle and her family. Megan Trestle was my daughter's childhood friend. My daughter also attends CU Boulder. When a college student goes missing there should be urgency and in Megan's case there was not. University parent pages were removing posts and missing person bulletins from campus and around the university as her friends and family frantically began searching for Megan. The university was actively taking down flyers and some volunteers were being told that they were parent tours and they didn't want to alarm the public. When Megan was reported missing, her parents were told it was quote normal and that she was probably quote couch surfing and that quote they see this all the time she would turn up. We were also told as college parents that the RA can only ask, knock and ask the child to call you but they cannot tell you if your child is okay. Our college students are quote now adults and anything they do in their eyes should be kept private. After Megan went missing as we canvassed campus in Boulder with flyers and asking people if they'd seen Megan, many students and community members said this was the first that they had heard of a missing student. While we cannot bring Megan back or change the fact that her roommate didn't care enough to report her missing, what we can change is that when she was finally reported missing, her family was blown off causing more precious time to pass. This was vital time to to locate Megan. This should never ever be allowed to happen again. A well check should happen if a college student is missing and it should happen urgently. University personnel should begin immediately checking residence halls, door entry key usage and checking in with friends and family. And if the student cannot be located within a few hours, six enforcement should be immediately involved. Law enforcement should also be well trained in how to search for a missing student. While I understand college students are looked at as adults, we all know that they are newly entering adulthood and navigating life away from home, which unfortunately at times can bring with it dangerous situations. Universities are trusted with our most precious young people and parents are relying on them to keep their precious children safe. I hope that you consider passing this bill so we can keep our children safe and that no other family has to endure what Megan's family has gone through. Megan deserved better. She deserved to be protected and looked for immediately. She deserved to have staff and student on campus aware that she was missing and helping to search for her. Megan was an incredible young woman, and she should be here today. Thank you.

Ben Ben Vagerother

Thank you so much for your testimony, both Ms. Diaz and Ms. Schultz-Bartlett. It's absolutely devastating and unimaginable what you've been through. and I really thank you for sharing what happened and being involved in this process. Members, what questions do you have for this panel? Representative Luck. Thank you, Madam Chair, and I agree. Thank you for sharing those stories. I am very sorry for your losses. My question is for you, representing the CBI. I am curious about some of those stats. What are we looking at in terms of this population and folks going missing, etc.?

Jimmy Allen or Caitlin Jenkinsother

Ms. Jenkins. Thank you, Madam Chair and Representative Luck. Yeah, so in terms of the, I call it the young adult age range, 18 to 26 or so, right? They are an underrepresented age range in the alert statistics overall. Through the past couple years, last year we issued 14 alerts for that age range, 24 we issued 11 alerts for that age range, and 23 we issued 3. And from there, it just gets less. I don't have answers as to why we issue a lower amount. My guess, right, is that we think that it's probably underreported or not taken as seriously as it should be, you know, just due to, you know, young adults living their life, you know, like it was mentioned earlier.

Ben Ben Vagerother

Other questions, members? Okay. All right. then with that thank you all so much for your time and your testimony and for sharing your experiences and I definitely want to echo colleagues in that we're so sorry for your loss with that witness testimony is now closed bill sponsors please come back Do you have any amendments? No amendments, Madam Chair. Okay. Committee, any amendments? Okay. Seeing none, the amendment phase is now closed. The picture-taking phase will soon close as well. Okay. All right. Seeing no amendments, let's move into bill wrap-up. Who would like to begin? Okay, Representative Bradley.

Representative Bradleyassemblymember

Thank you, Madam Chair. I just wanted to echo those families came forward and had a press conference. And, man, when you're trying to turn lemons into lemonade, I don't want to get emotional, but I can't imagine not getting a call from law enforcement after what happened to my son. I got it an hour late, and I thought that that was tragic in itself because I barely made it to the hospital. I can't imagine what these families went through. And if there's a way to close a gap and make their losses seem a little bit lighter because they're fighting for all of our kids to be safe, then by golly, let's do it. And I am just so grateful that I get to be on this bill because I just I couldn't even imagine. So thank you. Thank you. Representative Zokai.

Representative Zokaiassemblymember

Thank you, Madam Chair. I know that all of us feel so much sympathy and empathy for what these families have gone through. and I just want to say that we owe them a lot more than that and we owe them our action today. This legislation does that. It makes a tangible difference in how quickly and how effectively we respond when someone goes missing and I hope I can count on all of your aye votes today. Thank you very much.

Ben Ben Vagerother

Representative Bradley, do you want to move the bill? It will go to the Committee of the Whole.

Representative Bradleyassemblymember

Absolutely, thank you. I move Senate Bill 26120 to the Committee of the Whole with a favorable recommendation.

Ben Ben Vagerother

Second.

Representative Espinozaassemblymember

Seconded by Representative Furray.

Ben Ben Vagerother

Members, do you have any closing comments? Representative Espinoza.

Representative Bradleyassemblymember

Thank you, Madam Chair. I do thank both sponsors for bringing this bill, and I especially thank the Senate for all the work they did in the comparison of the original bill as it was introduced, which was an amazing idea to get this before us. but all of the work that the Senate did to ensure that our partners could come forward and say this is workable that we weren doing something that did not provide false hope to families but something that will create a structural and maybe never inadequate but a structural response that everybody can be trained on, and that will make a difference in the future for parents who are still wondering, because we're always left in that in-between space when our kids become adults and we are no longer eligible to know everything they're doing. It would not have helped me. My own son never ever let me know where he was when he was in college, but I wouldn't have known to know if he was missing. But I do think other people would, and I think that providing this opportunity for everyone to feel safer. We have that in high schools with our safe-to-tell policies. We have that in other places where we're trying to empower these young people to help themselves and their colleagues. And so I think this process and the ultimate bill that you've put forward is excellent, and I will be supporting it. Thank you.

Ben Ben Vagerother

Any other remarks? Okay. I'm not seeing any hands. Thank you both so much for bringing this bill forward. I'm really struck by just how devastating the loss and the purpose of this bill is. I mean, I don't even have words. But we do know that when people go missing, that time is of the essence. And I believe that you all have brought forward a really thoughtful solution, and I look forward to it being fully implemented in our state. So I will be a yes. And, again, just want to reiterate a thank you to the family that came forward and spoke about their pain in order to make change. I'm sorry that they even had to do that, but we heard them, and I think that you'll see this bill come out of committee. So with that, Ms. King, please poll the committee.

Ms. Kingother

Representatives Bottoms.

Representative Bottomsassemblymember

Yes.

Ben Ben Vagerother

Bradley.

Representative Bradleyassemblymember

Yes.

Ben Ben Vagerother

Carter. Aye.

Representative Bradleyassemblymember

Espinoza.

Ben Ben Vagerother

Yes.

Representative Espinozaassemblymember

Paray.

Ben Ben Vagerother

Yes. Froelich. Excused. Luck. Respectfully, no. Wynn.

Representative Buckassemblymember

Yes.

Ben Ben Vagerother

Ricks.

Representative Wynnassemblymember

Yes.

Ben Ben Vagerother

Clifford.

Representative Representative Ricks or Representative Cliffordassemblymember

Yes.

Ben Ben Vagerother

Madam Chair. Yes. Okay. That bill passes 9 to 1 with one excused. Congratulations. Thank you both for your work. We are going to stand and always represent. She's here. We don't even need to have another dance break. I love that. Okay. We'll hear a dance break. We had a dance break before the last committee. I'm sorry, before the last bill. No, it's great. Happy to have you here. All right. We are going to hear Senate Bill 87 with Representatives Wynne and Lindsey. Who would like to begin?

Representative Buckassemblymember

Representative Wynne. Thank you, Madam Chair. I'm here to present and talk about Senate Bill SB087, the right to serve. This bill basically gives an opportunity, and this only affects lawmakers, so only 100 of us at the General Assembly, to have leave for legislative duties. And I come in a unique position because I had to quit my job and resign from city council. For me, I was really attracted to this bill just because the fact that after session ends, I'm going to be looking for a part-time gig. And so this bill just protects those who wish to serve in public office. Currently, multiple unions have endorsed and support this. SEIU CEA AFSCME AFL are on support and of course there two amendments that was passed in the Senate before I came here And one thing I want to know is that this is not going to be implemented until January 2029 And another provision that was protected is that this talks about how really just making sure that people who wish to serve are able to serve with the benefits and not coming with sacrifice. Because some folks are just unable to really function at the State Assembly. And we know about the vacancy situations. People leave often because it is just unreformable. You cannot live with only $47,000 a year. And so some of our members have resigned or have found other opportunities, and this basically prevents that and hopefully allows folks to go back to work. And this is very limited in scope. It only affects members who are acting or starting to acting, who are presently functioning and acting in official capacity at the General Assembly.

Representative Espinozaassemblymember

Representative Lindsay. Thank you, Madam Chair. Thank you, committee. Hello again. I don't know that I'll be before you again this session, so I'll make the most of it. This bill is important because I think it's very critical that in our state legislature we have a wide variety of folks that are able to serve. I think as all of us know, this isn't a part-time job, but we are scheduled that way, and it's really hard to dip in and dip out of another job. I often joke with folks that joining the legislature was one of the worst financial decisions I ever made because $42,000 a year, figuring out what to do in the interim or not because I don't have full availability then either because of legislative work. And it really limits the kind of person that can be in the legislature. While it is awesome if somebody is independently wealthy and this is not their main gig or not their main source of income, we want those folks too. It's important to also have like working class people in the legislature. And for them to be able to work here, they might have to have a second gig. And so this just makes it so that they can have a job, have leave from that job to do this important work, and then go back to that additional job because they need the money, quite frankly. And as my co-prime mentioned, we did change the date in the Senate, and then also there was a provision put in to say that you can really only take this leave or use this exception. if you make less than 120% of the AMI in your local community. So this is for folks like an individual or household income of that. So when we look at the people that are impacted with this, as Rep. Wynn said, there's 100 of us. Not everybody would even be requesting leave. And of those that are even interested in it, it would only be available to those that are making less than 120% of AMI. So that just keeps whittling down that number. But it is important for people to be able to serve, to have a legislature that reflects our full community. And some of the things on here, and I think we might have handed this out in the fact sheet, but that are really important is 26% of the state legislature are retired, while only approximately 15 of Colorado population is age 60 or older 5 of General Assembly members are attorneys while attorneys make up roughly only 43 of the Colorado population And other states have done this. Maine, Minnesota, South Dakota, Vermont, Oregon, Connecticut, Nevada. So we're not starting anything new here. We're just recognizing the difficulty and the sacrifice that sometimes people make in choosing this work. And just so we continue having all kind of representation at the Capitol, we ask for an aye vote. Thank you very much.

Ben Ben Vagerother

Members, what questions do you have?

Representative Bradleyassemblymember

Rep Bradley and then Rep Frey. Thank you, Madam Chair. And thank you to the bill sponsors. I talked to both of them on the floor a little bit. I'm a little perplexed at the one size fits all. I know it's just a couple of members, but in the health care community. so when I take the six months off those patients still have to be seen and so my clinic has to bring another full-time therapist on so to then tell them I mean they've been great to me we have plenty of clinics but to tell them that they then have to take me back on when they have already had to hire somebody and then bring me back on might not have the patient ability the amount of patients for me to then come on as well So I have a little bit of a problem with this type of policy. I know it would only affect a couple, but if we really want health care workers to come back in or to run for office and get rid of some of these attorneys. I'm just kidding. I feel like there needs to be some sort of a carve out or we need to discuss that because I don't know how nurses would just be able to go back. There might be a limited ability because they will have to hire someone. and like Rep de Graff, who's a pilot, they're still going to have to hire a pilot to take over his trip. So this one-size-fits-all doesn't really work for some of the health care provisions and things like that.

Ben Ben Vagerother

Would you like to answer anything that you heard, or would you like to respond to anything you heard?

Representative Zokaiassemblymember

It's okay, representative, but a win.

Representative Buckassemblymember

What a great statement. I think that, I mean, this affects teachers, educators, nurses. For me, as a former state employee, I think that I recognize that, you know, a lot of us have contracts that are full-time. And so I understand that concern. And I know previous members or actually one current member was a nurse and he served during the pandemic. I think that's Senator Kalamolka. So I recognize that when the calling is there, some folks might actually go back and serve immediately after session. But I think what this does and the reality is that economically speaking, working class Colorans are not able to serve as legislators. And we're hoping that employers understand that to serve in public office is worth keeping their employees. And for me, I would love to go back to the state, for example. But unfortunately, that was not given to me and I lost my opportunity, lost my job.

Ben Ben Vagerother

Yeah, follow up representative.

Representative Bradleyassemblymember

Thank you. And thank you for that. I guess my question is, and I appreciate Malika serving. I served during COVID as well. How do we put that on employers because we decide to step up and run that they then have to accept us back when they've had to hire others to fulfill that space? I guess is my question with your bill.

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

Thank you Madam Chair. Thank you Rep Bradley. I think that you are highlighting what is A concern about saying we have a part-time legislature in the first place is that it will create this conundrum for many of us who have other things to do and how it is a very strange situation to say we have a citizen legislature and have people pop in and out of the legislature when, unless you are not doing anything else for the rest of the year, and this is just your six months of, you know, working, Everybody is trying to figure out how to balance ranches and all the other business things that we hear about that people are doing. And I think that this is us trying to take a first step in figuring out how to address something that I think people have been enduring for a very long time here. And then we're saying, you know what, there's probably something we can do about this to make this a little more accessible to more people. And, you know, I think the thing about it is it will be impacting so few companies or businesses because this is not a statewide mandate for, like, changing leave of absence for the entire state. state. It is for this 100 group population. And like I said, not everybody will take advantage of it or ask for a leave and not, not everybody will qualify for leave in the first place because of the 120%. And so, um, I understand the challenge of that. And that is something that, and like I said, not everybody has to take advantage of it. Like you don't, you don't have to do that if you don't want to. And if you're looking at it and you're good or thinking that it is, um, not going to work out at your place of business, you don't have to request the leave.

Ben Ben Vagerother

Representative Frey and then Representative Carter.

Representative Espinozaassemblymember

Thank you, Madam Chair. Do you know what 120 AMI is for in terms of dollars? Sometimes people don't understand what AMI means, so it might be helpful just to share what that dollar amount is.

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

Thank you, Madam Chair. Thank you, Rep Frey. I actually looked it up in Arapahoe County for me and my husband now that we have our kids moving out. For a household of two, the AMI is, I think it was like 130,000. And so if you did the 120, 120% of that, it's like around 150 or whatever the math is. Don't make me do math on the fly. And that is, that's for that particular county in a metro area. So that would not be the same everywhere necessarily. but that's the kind of numbers that we're looking at. And in my particular situation, my husband is an employee for DPS, and then with my legislative income, we would technically fit into that. So maybe. But then, you know, if I'm taking on something else, it would be quite different. But, yeah.

Ben Ben Vagerother

Representative Carter, and then Espinoza, and then Locke.

Representative Zokaiassemblymember

Thank you, Madam Chair. I just want to say that this exists already in certain parts of our society, specifically military service. what I don't understand is us elevating us elevating the legislature to that level and placing the honest on the small business owner or anyone why have we elevated ourselves to that stature And why have we then decided to place a heavier burden on whoever that employer is without any benefit for that employer If the state wants to hire you back or keep you on, they absolutely can't. That's their choice. Why have we decided to take that choice away from them?

Ben Ben Vagerother

Representative Wynn.

Representative Buckassemblymember

Thank you, Representative Carter. I think to answer that question is that, you know, lawmakers who wish to serve outside of a very small group of field of, you know, careers are just not able to, or, you know, people who choose to serve are not able to. And for me, I think that this gives an opportunity for folks who are working class, educators, teachers. And, again, I want to just highlight that, again, this bill would be implemented in 2029. For me personally, I would not even be able to go back to serve for the state. So I think we have another follow-up question, Madam Chair.

Ben Ben Vagerother

Go ahead, Representative Carter.

Representative Zokaiassemblymember

Just as a follow-up, talk to me as a small business owner. Talk to me as a – just talk to me as a business owner. why and what help are you going to give me when I now have to both fill your position and then turn around and tell that person that they no longer work there. So I need to understand that.

Ben Ben Vagerother

Representative Wynn.

Representative Buckassemblymember

Thank you, Madam Chair. For any small business owner, for folks who are losing an employee for four months, that is a challenge. And I understand and recognize that, you know, the idea is that they would come back for the remaining parts of the year. So after, you know, immediately after May 13th, I'm back in. I'll be working, you know, six, you know, six days or five days a week, eight to five. And I'm making a sacrifice, not sacrifice, a public service. and the idea is that, you know, employers would hopefully welcome the idea of folks being a state legislator and then coming back. But, again, that's just my opinion. I think that I understand that some employers would be – there's burden to that, and I recognize that as well.

Ben Ben Vagerother

Representative Espinosa.

Representative Zokaiassemblymember

I'm so sorry.

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

Thank you, Madam Chair. I just wanted to add, too, I understand the point that you're bringing up, and I think that this is an issue, as many pieces of legislation are, of balancing some kind of competing needs, because I recognize that that is a concern. I also recognize that while this isn't the exact same thing, obviously, as military service, this is service and it is important work. And it's important that we have a large swath of people able to do this work. And so I think those things are balanced. I think that we need to consider unless we're going to change everything about how our legislature runs and make this like a full time job with full time income, we will constantly have this conundrum of there is a small amount of people who can do this work where it's not impacting the rest of their work. Like, I don't know everybody else's situation, but I know my situation of, like, when I leave the legislature, I'm like, okay, shall I go work at Target? Because that's something that I can go work at that's not, you know, I can work at seasonally, and then I can come back to the legislature. I mean these are the real decisions I had to make about what am I going to do And so because not every job not every job you know is able to do this But I think that it really limits the folks that we have here that we need to make sure that it's not just people who are retired, who don't require any more income or people that are married and have a spouse that can help supplement their income because I'm telling you, if I wasn't married, there's no way I could have this position. And so all these things that we need to make sure that we have working class people also representing constituents around Colorado because that's the majority of our population. And so there is an interesting balance there. I agree. But as I've said before, since it's for 100 people and all those people won't even apply. It is a minimal amount of employers that would even be facing this or even get the request. So it's not an undue burden necessarily that we're placing on everybody in Colorado, but I would also argue it's quite a burden also on people serving in the legislature. And I understand the argument that no one is forcing us to run for office, but I think that so many people talk themselves out of this job already because of the financial piece. And I think we do ourselves a disservice when people are deciding whether their voice, that they'd like to run for office and have their voice heard at the Capitol because of their income or what kind of job they have. And so I think this is actually very critical legislation to figure out how to make this piece more accessible.

Ben Ben Vagerother

Representative Espinoza.

Representative Bradleyassemblymember

Thank you. I have two questions. Should I ask them together or sequentially?

Ben Ben Vagerother

Why don't you ask them separately?

Representative Bradleyassemblymember

Okay. So the first question, I think we still need to address the larger issue as to the impact on the business community. And you say, not every business could handle this, and that's okay. We don't have to worry about it. I don't think that's a proper way to do public policy, and I want to bring forward one of the biggest areas is education. And yes, we do want to have teachers, and we have good lobbyists and other people who come and talk to us about education. But I do not see how we can tell a school district that they have to, during the school year, let someone go when it's disrupting the whole teaching environment, not only for that class, because the teacher is hired for a time period that intersects with the legislature. So you're asking them to then have a long-term sub or have multiple subs, which undermines the consistency of education for the students to adopt this policy and or put people in a place where they're already in a part-time job, receiving then pay maybe or unpaid, which doesn't fix the other problem in these circumstances. But I think education is one specific example. I think there are other examples where industries cannot do what you're asking them to do. Can you respond to that?

Ben Ben Vagerother

Representative Wynne.

Representative Buckassemblymember

Thank you for the question, Representative Espinoza. And I think to compare this, I agree with you that teachers are already burdensome with low wages and long hours and large classroom sizes. So I understand that that is an element for how this could affect folks with losing an educator. But I also recognize that many professions have similar leave for, you know, again, the military, if you're a volunteer firefighter. I think public service comes with sacrifice. And you know most of us here are can emphasize that you know this bill or not this bill that the work that we do for public service is important and that it is not accessible or equitable And so I think that I recognize that this might hurt a handful of businesses possibly if they lose an employee And I recognize that some folks, it is a big choice, but there is a huge gap between, you know, folks who wish to serve for public office. And I think that this is hopefully bridging that gap, allowing young people, people of color, immigrants to serve. So I think the benefits are there for communities who are underrepresented.

Ben Ben Vagerother

Representative Espinosa, did you have another question or no? Okay. Representative Black.

Representative Zokaiassemblymember

Thank you, Madam Chair. Thank you guys for this conversation. It is something that we've talked about a lot in this building and out on the campaign trail, frankly, right? trying to recruit candidates to run for office and they say how am I going to make it work financially. I do have some questions related to the exception that was added in the Senate. And really what I'm wanting to understand is how you all process this exception being added in terms of fairness. I did a quick search of this qualification based off of geographical regions in Colorado and in Fremont County where I'm from, $117,720 is what you would need to make on an annualized basis in order to fall within the terms of this bill. So if you make $118,000, right, and I'm talking in terms of a single individual, right, single household single individual household but in Otero County which is a county I represented before redistricting took place all you need to make a sixty one thousand eight hundred dollars and when you take out our current salary here you're looking at less than twenty thousand for the rest of the year there are not necessarily that many jobs that would fall under that and yet there is a disparity between the person coming from Otero County making sixty one thousand and the person coming from Fremont County, even within that same district, which used to exist as the same district. So if I lived in 2020 in Otero County and this policy was in place, I would likely not have been able to keep my job under this. But if I lived just two counties over in Fremont County, I probably would have. And so help me understand how that is fair and what you're contemplating. because my sense in hearing the idea of working class individuals, you know, define that because working class, you know, normally is economically understood, but many of us have to work in order to continue forward. So in terms of these kinds of conversations, is the distinction between socioeconomic or is it between people who work versus people who are retired and don't need to work?

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

Thank you, Madam Chair. Thank you, Repluck. I think because we have, we considered, and what was considered in the Senate was the AMI, that it is being attached to the socioeconomics. I mean, obviously, when we say working class, that is a swath of incomes. But we are looking at people who, if they take on only the job as a legislator with that money and that they are not making a living wage one way or the other, that this would be considered in that. Because and I think that that then talks of fairness is that we're not trying to make it so that, for example, if someone. made a million dollars a year at a different kind of job, that that job is required to give them a leave in this way, because they might be having some other situations that's allowing them to have, you know, income or a comfortable situation versus someone who is scraping by with this household income of this amount. And so, and I think too, it is tough. Anytime you have for any kind of program where it's like $50,000 is the cutoff. And inevitably there's somebody who makes $50,001 and they're not eligible for the program. And that is real. And that is frustrating for many things, including like Medicaid or food assistance and things like that. And so I agree that there are some things that are not fair about that, but they're just from a policy perspective, there has to be a number in a lot of ways that we are considering of like, this is what we are saying is eligible for this program. That is not new here in this policy space of deciding whether people are eligible for benefits. But yes, and that's what's tough about AMI and all the different counties is it will differ 100%.

Ben Ben Vagerother

Representative Luck.

Representative Zokaiassemblymember

Thank you, Madam Chair, and thank you for this conversation. Maybe to frame another way, you know, it occurs to me that there are some that when they run for office are making, like when I was a teacher, I made roughly $30,000 a year. So if I had come right out of teaching, well, in some ways I did come right out of that. In any case, I'm actually getting a pay raise by being here. but this policy would apply to me versus if I were a high-powered attorney and being asked to run because my particular skill set was needed at this time, the sacrifice that I am being asked because I have to leave my million-dollar job in order to take a $42,000 job, like, why is that fair? To suggest that, you know, yes, maybe this year I'm making a million and I have a lifestyle that requires that because I purchased a house and I have these kids who have these expectations about certain things. And so when the district comes to me and says, we want you to run because we really think that you can help us answer these problems, why should I be then prejudiced against in that when someone else who, by the standard you just set, is actually getting a pay raise by taking on this particular obligation?

Ben Ben Vagerother

Representative Wynne.

Representative Buckassemblymember

Thank you for the thought experiment with Representative Luck. I think that just really highlights the gaps between incomes and the fact that for some rural communities, being a teacher is just not possible with living wages. And I think that just, again, highlights that there is a divide between who gets to serve and who is able to serve. I think for your particular case, you are probably one of the very few folks who maybe got a pay raise from going. I think a lot of members of the General Assembly and for lawmakers nationwide, there are serious barriers of folks who make less than $100,000 with going to office. And I think that why our data points is that most members of the General Assembly are lawyers or realtors or folks who have more flexible and higher careers And to answer your point I guess this does bridge that gap This allows for working class families and folks who might not be able to I guess run for office or have public careers, the ability and opportunity to serve in the General Assembly.

Ben Ben Vagerother

Representative Espinoza.

Representative Bradleyassemblymember

Thank you, Madam Chair. And for those wondering, I fell last night and had my knee elevated. That's why I'm in a little bit weird position. Okay. I just want to go back to the last point that was raised in terms of clarifying that until last year's class, the legislature did not have very many attorneys, and I would submit part of that was because people who were choosing to run were choosing to be more representative exactly as what you had said. And I don't think this bill does anything to guarantee the diversity of employment that you're talking about. And so I'd just like to know how you think this is really going to help that diversity of representation come into the legislature because we have people, and especially I'm tying this back, Representative Wynne, to your comment of people of color and people who have backgrounds, who are many of whom are sitting in this legislature now who have obtained all the status and everything else. And I just don't want it to be reflected that somehow our ability to become educated and have these access to the information is not as valued as someone who is not at that economic level.

Ben Ben Vagerother

Representative Wynn.

Representative Buckassemblymember

Representative Espinoza, I recognize that being a legislator and getting education is a privilege. It absolutely is. And because of these privileges, because of these barriers, I think that there are – it's just – I guess the premise of this bill is to essentially allow for folks to have living wages, to be able to not just survive for $47,000 a year. And I think that for us, that employment is – this is a part-time job. That is really, truly a full-time commitment. And I think for me, all we're asking is that we level the playing field, we give people more opportunities. And for me, as a recent lawmaker here, I mean, this is truly a wonderful experience. But now I have to personally find work immediately after May 13th. And I think from where I come from, being the only Asian American at the State Assembly, the General Assembly, it's just that I feel like a lot of my friends, a lot of people in my community, a lot of young Americans, we don't see these opportunities at all, and hopefully this just lowers those barriers.

Ben Ben Vagerother

Representative Espinoza, and then we're going to go to Rep. Carter. Then hopefully we'll be in a good place to move on to witness testimony.

Representative Bradleyassemblymember

Yes, thank you, Madam Chair. I guess I just Googled immediately, what is the median household income of Colorado? It's approximately $92,900. If we are only serving four months of the year, aren't we already making more than the median income of other individuals within Colorado?

Ben Ben Vagerother

Representative Wynn.

Representative Buckassemblymember

For my community, for Broomfield, it's 120,000. I'm sorry, 120% AMI for Broomfield is approximately $113,000. And not to go too much in my finances for my fiance and I, but we don't make that much money. We don't even make $90,000. And with my income loss, we make, I think, being house poor is if you pay more than 35% of your income to your home for your mortgage. I'm currently paying more than half my salary for my house right now.

Ben Ben Vagerother

Representative Carter just to be clear I completely agree in diversifying both in thought and any other metric you want to use this building

Representative Zokaiassemblymember

but what you have not explained to me, the purpose of this bill is to create more opportunities for different individuals in the community. And the way that you keep explaining it is that we need a compensation level. There seems to be a constant talk about a compensation level. And your answer to the fact that we as legislators are not paid as much appears to be some type of burden or tax on business. if your point is that the legislature is not adequate or our statute or our salary is not adequate, why isn't the legislation directed at that as opposed to placing a burden on the business community to somehow compensate us?

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

Thank you, Madam Chair. Thank you, Rep. Carter. I mean, these discussions are not new. Gosh, I'm trying to remember if it was last session or the session before where we were trying to address this, I think even through maybe it was like a study or figuring out like a commission to look into, you know, a different payment structure for legislatures or legislators. Number one, we can't really vote ourselves a raise. So that's, I think, why we were going that commission route. But I don't even, someone correct me if I'm wrong, I don't think that even went anywhere. So it's still a process that was working on being addressed. It's kind of weird and dicey and all these things that we need to do. And so when that didn't make it across the finish line, then we are looking at other ways to try to address this issue. Because I think that if I were queen of the world, I would say that this is not a part-time job and we should be paid as full-time income. Because I don't know, I can't speak for everybody else, but I don't just dip out of here mid-May and not think or do anything legislatively until I show up in January. I feel like this is constant work. So if I could decide it, I would say this is full-time work, full-time income. That is not the case. And so we're trying to figure out a solution for somebody who is here. And, I mean, I look at my day when I'm here from 7.30 till 9 p.m. or whatever. It's not even like you can take part-time during session and try to make things work. But there are some people who cannot live off this $42,000. and when session is over, they don't have their other job to go back to. Some people do, and that's awesome. Some people don't, and so we're trying to provide that opportunity so you don't either have to choose to only make whatever the legislature pays you or have to go do something entirely different. And because it does matter when you have folks that really are locked out of this process because they have no opportunity to figure this piece out during interim Like they just don have the luxury of a job situation where they can go without kind of you know bolstering it with this And I think it is really critical. I'm on this bill because I think it's really important that we figure out how to make this not a position that only privileged folks who have no concerns about money can do or people who are working class that they are just barely hanging on and counting at the end of every month of, you know, I've got $20 in my account. And so I feel like there's something we can do, a little middle ground, to try to make this a more accessible position for people seeking office across the state. And I actually think it's really, really important. So I understand all the challenges about it, but I think that we are doing our best, considering some failures of other attempts, to try to move that conversation forward and figure out a path forward to address this income situation with the legislature.

Ben Ben Vagerother

very last question from replog thank you madam chair for your um patience it's not actually a

Representative Zokaiassemblymember

question it's just a response and an answer so house bill 24 10 59 was compensation for state elected officials a commission was created to determine an independent state elected official pay commission was created to determine what our pay scales should be they submitted a report on December 15th of last year that report found that they are now recommending adjusting the salary of General Assembly members starting January of next year to fifty thousand eight hundred two dollars base so just everybody know because we just brought that forward

Ben Ben Vagerother

Thank you for that. Thank you for that.

Representative Zokaiassemblymember

I, too, read the report and have some concerns about the way that they made their decision. But I do really appreciate that you were able to bring that up and provide some clarity. I have a couple of questions. We've talked a lot about the AMI.

Ben Ben Vagerother

Do you have any understanding of why the Senate did that?

Representative Buckassemblymember

representative win um the reason why they did that was because um this was in reflection to folks who are managers who have less than 20 reports like principals and the amendment took out the provision around management and just left the ami and this ensures that folks who may manage employees like k-12 principals can still benefit from the legislation and of course again The income limit is 120%.

Ben Ben Vagerother

Okay.

Representative Zokaiassemblymember

And then you mentioned that the bill goes into effect in 2029, and I just wanted to make sure in reviewing the bill, it looks like it would go into effect in 2027 unless a senator is currently serving, and it would go into effect for them in 2029 once they'd been reelected.

Ben Ben Vagerother

Am I reading it correctly?

Representative Zokaiassemblymember

Representative Lindsay. Yes, Madam Chair, I think you are. That carve-out was just for that date for the Senate with a four-year term just because it's a little different on how that's determined than someone in the House just because of term limits. Okay. And then do you know how many weeks approximately the legislature works?

Ben Ben Vagerother

Representative Lindsay. This is like a trivia question. I'm sorry.

Representative Zokaiassemblymember

Gosh, in my brain I always think of it about 16 or 17 or around. Yeah, I think that's probably about right. And then do you have any sense of how many weeks people are allowed to take for paid family leave?

Ben Ben Vagerother

Representative Wynne?

Representative Buckassemblymember

I have no children, but I'm going to shoot out in the dark three weeks. What? Dude, no.

Ben Ben Vagerother

Representative Lindsay.

Representative Zokaiassemblymember

I was a stay-at-home mom and I actually did not do family leave so I'm kind of unfamiliar but I think it's up to 12 weeks or 3 months or something like that I believe 12 weeks and then obviously you get some additional time if your child is in the NICU I was just curious if you all were aware of that

Ben Ben Vagerother

My last trivia question do you know how many women are currently serving in the legislature

Representative Zokaiassemblymember

with kids under the age of five years old that may be paying for daycare? Under the age of five.

Ben Ben Vagerother

They have kids under the age of five.

Representative Zokaiassemblymember

That's valid.

Ben Ben Vagerother

Our team here will not be winning on that trivia question because I don't know. I mean, I'd have to think, but I don't know the exact number.

Representative Zokaiassemblymember

I'm sure you will perhaps tell us.

Ben Ben Vagerother

6 out of 100. Okay. With that, we're going to thank you all so much for answering questions. As of right now, we do not have anybody signed up to provide witness testimony, so I'll make a general open offer that if anybody would like to come forward and provide witness testimony, now is your time to shine. Okay. Seeing none, the witness phase is closed. Any amendments? No amendments? Jesse Danielson, me, Lisa Ferre, Stephanie Luck, Amanda Judah, Yara Zokai. I already got her on there. Oh, wait. No, I didn't. Seven. JK, I was wrong. It was seven. JK. Okay. He's not a mom. That's a parent. Well. All right. Sorry. Thank you for joining. Did you have any amendments? I'm sorry. No. Okay. All right. Committee, any amendments on this bill? No. Nope. No witnesses. Okay. The amendment phase is now closed. Bill wrap up. Representative Wynn.

Representative Zokaiassemblymember

Thank you, Madam Chair. I was joined and inspired to be part of SB87 just because of my own personal journey. I think that I would personally say that from my background as being a former state employee, as someone who took a $30,000 pay cut to be here, I mean, I got engaged with my fiance in November, and I was not expecting to be in this position in January of this year. So I think this allows for folks to have a leveling the playing field to allow for equity. This is a bill that's going to allow for people of color, for working families, for folks who would not have an opportunity to have leave. And I think that's important is that we're just trying to make sure that folks have accessibility to serve in public office. So this is a good bill, and I urge for a yes vote. Thank you.

Ben Ben Vagerother

Thank you very much, Representative Lindsay.

Representative Buckassemblymember

Thank you, Madam Chair. Thank you committee and thank you for all the questions I mean we recognize the complexities of this issue I think that one way or another we will need to figure out how to address this not so part time legislator concept and how that impacts the people that serve while they are serving or the people that never ever even run for office because they know that it just will not work for them that they literally cannot do it they financially cannot do it. And I think we are worse off as a state when we are automatically excluding so many working class folks from joining us here to pass policy that reflects the majority of Coloradans. And so with that, I ask for an aye vote.

Ben Ben Vagerother

Representative Wynn, do you want to move the bill?

Representative Buckassemblymember

Yes, Madam Chair. I move Senate Bill 87 to the Committee of the Whole with a favorable recommendation. Second.

Ben Ben Vagerother

seconded by Representative Furey. All right members any closing comments?

Representative Zokaiassemblymember

Representative Carter. Thank you madam chair. I understand I appreciate you bringing this bill. I understand the difficulties of being in the legislature and I also understand that as I indicated I believe the impotence for the bill is legitimate. It is not a part-time job, but it's also what we signed up for. That being said, if you want to work towards compensation or work towards something additional to help us make this job more palatable or have more individuals that actually want to come out and do the job, I'm willing to help and I'm willing to listen. But when the answer to the legislature is hard, so we need to do an unfunded mandate on a business, I can't get behind that. And so I applaud your attempt. I appreciate it. I hope that we find something that works, but I'm going to be a no today.

Ben Ben Vagerother

Representative Espinoza.

Representative Bradleyassemblymember

Thank you, Madam Chair. Thank you, sponsors, for bringing the bill. Well, I do think, you know, we've had conversations over the time, as Representative Lindsay, you've indicated with regard to this. And I think there's real questions, even in terms of what the salaries are, given the disparities of individuals who live more than 50 miles away get an additional $250 a day, whereas people who live 42 miles away do not get that. They're still engaging in fairly similar kinds of travel and impediments that they're having to deal with. But those, again, as you say, we make the cutoffs, and people make the termination. And that's a huge factor as well that hasn't been discussed in terms of the compensation. And so for many people, you know, we are attempting to make some steps to make sure that we are compensating people at a reasonable rate for what is defined by the citizens as a part-time legislature. And I agree that this work, if you're doing it well, is not a part-time job. but I think that your solution does not advance the issues to educate the public as to the reality that this is not a part-time job. And it doesn't fix the problem if you are not treating this as a part-time job by telling an employer that they have to hire somebody to take your place and disrupt your industry in lots of circumstances where you know there's an inherent conflict between your job and this job. And I think that where individual choice and responsibility comes in in terms of people deciding the time and the place where they can make a determination to step into this job and maybe step away from the other job not impeding their employer in the process And I'm also concerned that instead of addressing, this takes us down another road, which is, you've said over and over again, this is not a part-time job. But this doesn't fix the problem, not that we have any interim committees this year, but if you have interim committees, if you have other things, then again, So you may be asking an employer for year-round systemic substitution of you as an employee. And I know in my jobs that I've been in, my employers would not have been able to function because I brought expertise to the positions that they could not fill on a part-time basis. And so I think that the bill still has some areas of where it would need to be worked out to address the different industries, to put out additional carve-outs that would allow people to make determinations. And I also think an employer should be free, if you make a decision to do something that's against their job, to say, well, then I'm not going to keep you on as an employee. And that first part freedom of the employer simply not keeping you on, if you go to them and say, hey, I want four months off, is not addressed in this bill. So I just have deep concerns with the policy. I also don't like a policy that sets us up and above as an entity, the regular citizens of the state. And so for those reasons, I'll be voting no today.

Ben Ben Vagerother

Representative Bottoms.

Representative Bottomsassemblymember

Thank you, Chair. Some different things that I think Representative Espinoza stole some of my talking points there. But here's something else that I don't think we're bringing into the conversation, which is this bill is designed around financial sacrifice. And there's some legitimate concerns here. But I think when you make a decision to do something like this that we are doing, there is a lot more sacrifices than financial sacrifices. Everybody has to sit down and count the cost of this. What is this going to mean to me? What is it going to mean to my life, to what I do, the credibility of certain arenas of my life that now I'm doing this job? There's a lot more sacrifices sometimes than financial. But we all have to do that in every single aspect of life. What am I doing? I know people that are teachers that the reason they're teachers is because they made a sacrifice. They don't get paid well, but they made a sacrifice. And we can't go out there and figure out how to fix that. They can't make $550,000 a year because they're teachers. And so there's always sacrifices. But I also don't think we've really hit on – I think Representative Carter did quite well on the edges. But here's something else. I've hired a lot of people over the years, a lot of people. it takes about a year to bring people up to speed in their job when you're working in a ministry a church or something like that and and every even if you work at mcdonald's you have to be trained so you leave they have to hire somebody and then train them by the time they get them trained you come back and displace them that's a very unhealthy business model for any business on top of that and I don't think anybody addressed this but it says in the bill that that uh that you're not allowed any ride or benefit or position other than that which was qualified that you had already been entitled to that means your employer still has to be paying insurance and some of those kind of things now somebody else comes into that job They have to add those benefits to that person but you going to come back in four months later displace this person, but the business has been paying all of these benefits for two people when they only get one person working, trying to train that person, bring them up to speed. This literally will collapse some businesses. They would not be able to make it through this. I don't see how this is the answer. I'm not a, you know, let's do this year-round person either, but all of this is decisions. All of these things are decisions, and you have to make sacrifices in life. And to do this job, you make major sacrifices. To me, financial is not in the top two or three sacrifices that we make here. It is one, but it's not the biggest stuff. And so to me, this is, I don't think this is the direction to go to accomplish what you're trying to accomplish. Do you want to speak?

Ben Ben Vagerother

Do you want to speak? Yes. Okay. Representative Froehlich.

Representative Zokaiassemblymember

Yeah, I'll get there. I'll be all right. Thank you very much for bringing the bill. I think this is an incredibly important discussion to be had. I think this is one of the tools in the toolkit. Legislative leave has precedent in other states. It has precedent in other areas of employment as well. It shouldn't be lost upon us that actually today is the day that marks how far into 2026, March 26, white women with no children must work in order to attain the same salary as a man. You would have to work until July 21 if you're a black woman. You would have to work until August 6th if you have children, and you'd have to work until October 8th if you're Latino to make the same salary as your comparable peer who happens to be male. So that's just an indication of how challenging the workspace is for women in general. And as our chair pointed out, there's an interesting history here. our legislature was designed to be part-time. It was designed to be non-harvest season, where folks came from outside of Denver to Denver from January to May and worked that time. As the front range has grown, we've also seen an influx of women into our legislature with unique challenges among them paying for child care, among them juggling those challenges, particularly for young women. I think for young folks, there are a lot of barriers. This is unpaid or partially paid or paid. There's flexibility in there. And we have a precedent of folks working as teachers who work the first semester and take off the second semester and their district works it out with them so I think that that is a doable thing what we have a long history of is folks in very high paying jobs whose jobs want the prestige of a legislator and are willing to pay them a very high salary to have them on their masthead that doesn't work for diversifying the legislature as you mentioned I I am will be a happy yes I I think this is a good conversation. I do think we've missed an opportunity to present that history. I think we've missed an opportunity to have folks come in and tell us what's happening in other states, what the challenges are, how we've moved the needle in Colorado, but how we still have gaps. I think we've missed an opportunity particularly to bring in women's organizations that have been promoting this kind of flexibility in the workspace to bolster this discussion in your favor. I'm assuming because it made it out of the Senate and bipartisan sponsors that there is support for the bill. and should it get to the floor, I hope we get to have a more robust discussion.

Ben Ben Vagerother

Any other closing comments? Okay, I'm not seeing any. I really appreciate you both bringing this bill and bringing this conversation forward. I think about when I was initially asked to run for the legislature and I laughed and said absolutely not and it wasn't because I didn't have things I wanted to work on it wasn't because I didn't have passion or an interest in willingness to serve it was because of the massive pay cut that really does impact people in fact impacts people so much that we had a senator resign earlier this session specifically citing legislative pay and And that to me is a travesty because it doesn't have to be that way. You know, I heard what many of the, you know, some of the arguments that committee members brought up today, and I just want to take a minute to share my perspective. You know, yes, we did sign up for long hours, crappy pay, tough conversations, but I also think that we have an opportunity to make it better. We don't have to pass what we've endured on to the next generation or the next cycle of legislators. And, you know, for me, I've always thought about what I'm doing as a leader as just simply trying to make it better for the next person. And I think that's what we have the opportunity to do here. And, you know, as it pertains to pay, you know, Do I think that we need to look at legislative pay in a much more holistic way than perhaps the commission was able to achieve? Yeah, I do. But unfortunately, our budget is not going to allow us to have that conversation because frankly, we shouldn't be paying ourselves more when we're having to make as massive and as deep cuts to the state budget as we're going to have to make. So I think that if we can move in the right direction, that we should. I am open to amendments. I hope that you all will continue to work on this. I don't like the AMI amendment. I don't think it makes sense at all. I heard concerns about smaller business, and so I think perhaps maybe that's something that you all could look at, maybe limiting the number of employees that a business has to determine whether or not this would be applicable to them. And when I was asking you all my trivia questions, which, goodness, I wonder if, I apologize for not even getting the first or the last one right, But, you know, there are only seven women with kids under the age of five in both chambers. And I have to imagine that's for a reason. I mean, legislative pay isn't designed for people raising small kids. It designed for people who have financial stability flexible careers or someone at home that carrying the load And I think about how much I pay in child care every month It a mortgage right It is a mortgage every month. And yes, again, I knew I was signing up for this, but it's been really hard. There have been months where we've had to ask for help paying our mortgage because we're just not as financially solvent as we were before I took this job. Anyway, that said, I will be a yes. I think there's precedent for, you know, how we operate and allow people to take time to do the things that they need to do. We offer up to 12 weeks for paid family leave. And, you know, we protect jobs for military folks when they're called to serve. And we're talking about 18, 17, 18 weeks here of protecting someone's job. And I trust the members of the General Assembly to determine whether or not it makes sense for them to ask their employer to hold their job while they're serving here until they can come back to work. So I will be a yes and ask that you continue to work on amendments. And I think you already made a motion, didn't you? Okay. Okay. Were you wanting to lay over the bill or were you wanting to proceed with the motion? We should keep going. I think because we already have a motion, we should. Yeah. So we have to go. I moved the bill. Okay. Yeah. Okay. Okay. All right. Okay, sorry about that. Ms. King, please poll the committee.

Ms. Kingother

Representatives Bottoms.

Representative Bottomsassemblymember

Well, that was not okay. No.

Ms. Kingother

Bradley?

Representative Bradleyassemblymember

No. Carter?

Ms. Kingother

Respectfully, no.

Representative Zokaiassemblymember

Espinosa? No.

Ms. Kingother

Coray? Yes.

Representative Furetassemblymember

Roelick? Yes.

Ms. Kingother

Luck?

Representative Representative Ricks or Representative Cliffordassemblymember

No. Wynn?

Ms. Kingother

Yes.

Representative Buckassemblymember

Ricks? Yes.

Ms. Kingother

Clifford?

Representative Wynnassemblymember

Yes. Madam Chair yes, that passes on a vote of six to five

Ms. Kingother

and

Ben Ben Vagerother

Members I just want to take a minute and explain What just happened and if you all want to talk about it after committee you're welcome to I saw a text from the bill sponsor about asking if we could lay it over and Wanted to ask her if that's what they wanted just like I would ask any of you if you sent me a text message before a vote was called if that's what you wanted to do and so out of transparency I'm telling you what happened and if you're if you want to have a discussion after committee I am very much open to that so we're going to move on to our last bill that was house concurrent resolution 10-0-1 I don think so Thank you Representative Ricks, do you want to tell us about the bill?

Representative Wynnassemblymember

Thank you, Madam Chair and members of the committee. I'm proud to bring House Resolution, I'm sorry, hold on. I'm proud to be House concurrent, ACR 261001, which is the Charitable Gaming Constitutional Amendment alongside Representative Sucla. Charitable Bingo has long served as a vital fundraising tool for nonprofits and community organizations across Colorado, from veterans groups to youth programs to senior services. Today, I am supporting this bill because there are so many organizations that do depend on Charitable Gaming for their fundraising. The current problem is that Charitable Bingo in Colorado is governed by constitutional provisions, that were adopted in 1958, nearly 70 years ago. The world has changed enormously since then, and these rules have not kept pace with modern times. Colorado's nonprofits are now competing in a rapidly evolving gaming market that includes state-regulated casinos, the state lottery, horse racing, off-track betting, and sports betting, None of which face the same outdated constitutional constraints as charitable gaming. Because today's charitable gaming rules are written directly into the Constitution, the General Assembly cannot adopt them through the normal legislative process. Any change, no matter how modest, requires a vote of the people. That rigidity has left charitable organizations without the flexibility to modernize and remain viable. As a result, charitable bingo revenues are declining. The community programs that fund veterans services, youth and educational initiatives, senior programs, and local charitable operations are all at increasing risk. This bill will take a resolution to the ballot to take certain parts of the general administrative task of running a bingo hall and bring it to the General Assembly. All of the regulatory restrictions still remain under the Secretary of State, which is where, according to the Constitution, this is where they're all audited, and the Secretary of State is the body that oversees charitable bingo. So none of that changes. What this bill would do is it's going to repeal outdated constitutional restrictions on how nonprofit organizations can operate their bingo and raffles, is going to authorize the General Assembly to establish oversight of charitable gaming through statute, a flexible framework that can be updated as conditions change rather than locked into the Constitution, is going to preserve the core principle that only nonprofits, charities, fraternal organizations, and veteran groups can operate bingo and raffles and that all proceeds must continue to support charitable purposes A yes vote today simply means that this is going to go to the voters to decide and that is all we're asking today. I'll pass it on to Rep. Sucla.

Ben Ben Vagerother

Representative Sucla.

Vanessa Diaz or Steve Odorizioother

Thank you, Vice Chair. So I'm just going to get to the point. Two years ago, when I decided to run for this office, I have eight counties. And what I thought I would do to help meet more people is, and because I've been an Elks member since I was 21, I went to Elks clubs and talked to the people. And doing so, I found out that there were several Elks clubs that were having troubles with their pull-tab machines. And so fast-forwarded to about a month ago or two months ago. Actually, it's been a long time. It was last session. It was brought up to me about what was going on with their bingo and what was going on with the pull tabs. And I put my name in the hat on this because since I've been a member of the Elks Club since I was 21, it's a charitable organization. The majority of their funding, their biggest events are usually on Thursday nights. It's bingo. And it's what keeps the lights on. at the Elks Clubs, in Olathe, Colorado, it's at the American Legion. What's interesting is since I got into this bill, I didn't realize that my little old Elks Clubs in my eight counties, well, there's six out of the eight, was going up against Blackhawk. and I'm here just saying we want to keep doing the bingo. We want to keep doing the hoop shoots. We want to keep the lights on these organizations that funds the organizations, the bingo. You get grandma out on a Thursday night where she can go play bingo. And it's a good thing. I don't want to see these organizations. They do so much for our communities. They give scholarships every year. I don't want to see them go away. It was brought to my attention that the license form is down 39%, 38% down over a year for bingo occasions, and the players has went down to 53%. Plain and simple, I got on the bill. I want to keep those organizations to continue running. They do good things for our communities, and I ask for a yes vote.

Ben Ben Vagerother

Thank you. And, members, before we ask questions, I just want to make you aware that the afternoon committees are waiting on this committee for their work. Not that I want to slow us down or speed us up, but I do want to make sure that you're aware of that. So, members, are there questions for the sponsors? Representative Bottoms.

Representative Bottomsassemblymember

So, one of the things I noticed here, and thank you guys for bringing the bill, is it says a more profitable charitable gaming system would increase tax revenue. How does that happen? I mean, these are charitable nonprofits, 501c3s, probably some c4s, but how are they going to be increasing tax revenue?

Ben Ben Vagerother

Representative Rex.

Representative Wynnassemblymember

Thank you, Mr. Chair. Red bottoms, I'm going to leave that for the bingo folks that are going to come up, the Yeah, the people representing the industry to answer that.

Representative Bottomsassemblymember

Representative Bollams. Another question. Why take away the five-year waiting period for nonprofits? I've been in the nonprofit arena for 35 years. That's actually a safe catch for people trying to kind of circumvent the system. Anybody can be a nonprofit. if you take the five years off, I think that's a dangerous thing. There needs to be some kind of safe gap there. So what's the point of that?

Ben Ben Vagerother

Representative Riggs.

Representative Wynnassemblymember

Thank you, Redbottoms, for that question. You know, five years is a long time, and I think basically the statute says that you have to be a nonprofit organization for five, you have been an existing nonprofit for five years. I mean, what's wrong with three years? You know, we're not saying that brand new people should come in and just jump into bingo. But certainly three years is not a bad length of time in order to prove that you didn't just jump in there to become a, you know, bingo person or to participate in bingo. But it is a long time. Follow-up, Representative Bottoms.

Ben Ben Vagerother

Yes, one more question.

Representative Bottomsassemblymember

So, Representative Sukhli, you said that Blackhawk, places like that, are what's causing, or is the big guys are pushing out the little context here. Because I'm definitely not anti-bingo. I like bingo. My church fellowship doesn't agree with it, but I like it. But you're saying, bingo, occasions dropped 38%. Player participation fell by 53%. Licenses declined by 39%. If this is pushed because of the big casinos, how does changing some of these rules change that? What increase are you expecting? How are those three things going to be turned around by this bill?

Ben Ben Vagerother

Thank you for the question.

Vanessa Diaz or Steve Odorizioother

So what was – I'm going to give you – it's not a hypothetical. In Montrose, Colorado, the authority over gambling came. They've had their pull tabs there for 30 years in that particular Elks Club. And they started harassing them where they had them located in the Elks Club. and they just kept regulating them. They feel that they were putting pressure, being put in pressure from outside forces, whoever is over that authority, and they were put under so much pressure to put them in another room, which they didn't have the other room. They've been sitting there for 30 years that they decided that it was easier just to get rid of the pull tabs than to deal with the state. And so I think it's – I don't know who's pushing the people that are overseeing the Elks clubs on their bingo and on their pull tabs. But I have a theory, and that theory is up on that hill. You mean the building across the street No Oh The other gaming industry Oh Yeah For the record he meant Black Hall And he pointed not the direction of anything If you go that far, not if you'd be in Las Vegas, but I did not.

Ben Ben Vagerother

Representative Ricks.

Representative Wynnassemblymember

Thank you, Mr. Chair. And Red Bottoms, thanks for the question. I think you're asking, well, how will this bill help to increase participation in bingo? The last update to, like, any technology in bingo was, like, 20 years ago. And you can imagine with all the different technology upgrades, AI, and all of this stuff going on now, what this bill will help to do is to make it more flexible to change things administratively within bingo so that you can adapt to the users and the people who are coming to play bingo. For example, making the games a little bit more interesting, you're only talking about bingo and raffles. So for example, if you were to pull like 800 raffle tickets in a machine and you push it and it spits out a ticket, there's only 800. It's very finite. It's not like randomly generated games like at a casino. So these are not casino machines, okay? It's a dumb machine that basically just spits out a machine and then it tells you whether it's a winner or not. So it makes it more interesting, more engaging. So we're not trying to become a casino or anything like that, but I think what they're looking to do is to make it more interesting, you know, more engaging, stop if the wait time goes to three years, maybe more people might want, you might get tired waiting for five years to get a bingo license. I mean, you know, that's a long time. So all of those things, I think, will increase participation, bring more people there, make it more viable, more interesting. And you're competing with everybody else for, you know, this is an entertainment thing with the gaming thing. So you want to at least be able to move and be swift to operate your business in an efficient manner. And I think that that's what this will do. Now, if you were to take this to the ballot, it doesn't mean that that happens immediately. All it does is it brings it to the General Assembly so that the General Assembly now can act on, is it going to be three years, is it going to be two years? And all of those things would be brought in front of the Assembly to rule upon. And the Secretary of State still keeps the oversight. And one thing I also want to point out is that charitable gaming, money that is spent in the bingo halls are spent here in Colorado. When money is spent up there in Blackhawk, I mean, you know, those are national corporations. The money is swept right out of Colorado. So I think this really does help, and Charitable Gaming has a place, and we want to keep it viable in Colorado.

Ben Ben Vagerother

Finish, Representative Bottoms. Any other questions for the sponsors? Representative Carter.

Representative Zokaiassemblymember

Help me understand. The purpose of the original statute in the Constitution was to provide these nonprofits the ability to, on a specific level, enter into gaming, meaning raffles and bingo. Now they had a specific level of oversight whereas the people on the hill the casinos may have a higher level of oversight or a different level of oversight Explain to me how we should allow the expansion of those 501C3s into more modern gaming without the additional level of oversight.

Ben Ben Vagerother

Representative Sucla.

Representative Espinozaassemblymember

Thank you, Vice Chair. Well, I think I described it earlier about they already have oversight because they're going to pull the pull tabs out of the Elks Clubs. To the very first question that Mr. Bottoms asked about the taxes, I don't know why that's in there shouldn't be in there because these are non-profits and they don't pay taxes so I hope somebody back there can answer but all I can tell you is I don't play bingo and I don't pull the pull tabs I have played bingo twice and it was with my grandmother right before she died because that's what she wanted to do take her out of the nursing home and play the game what I do do though is raffles because I'm an auctioneer and we do a lot of raffles with, in coordination with our auctions, charitable auctions, and it all goes to a good cause for another nonprofit. I believe there's plenty of oversight.

Ben Ben Vagerother

Representative Carter?

Representative Zokaiassemblymember

Would you agree that a nonprofit that is running a raffle has a different level of oversight than a casino on the hill?

Ben Ben Vagerother

Representative Ricks.

Representative Wynnassemblymember

Yes.

Ben Ben Vagerother

Representative Carter. Would you like to dialogue?

Representative Zokaiassemblymember

No, because this is the last question. Explain to me how you are taking the 501c3 and explaining what they can or cannot do without having the same oversight that you have with the guys up on the Hill.

Ben Ben Vagerother

Representative Bricks.

Representative Wynnassemblymember

So what this bill does not take away oversight. Oversight remains with the Secretary of State's office. Everything is still in place. Any decision that needs to be made administratively regarding bingo will still have to come through the General Assembly. The Secretary of State will still be the one to audit the games, to go in there and make sure that everything, the prices are being paid out. out every function that they continue to maintain now. All we're talking about is do you pay the employees? How long does it take to get a license? Very, very administratively decisions are the things that are going to be discussed. So that's basically what this bill does. It doesn't take away any oversight.

Ben Ben Vagerother

Representative Sucla.

Representative Espinozaassemblymember

I got on the bill because I want them to continue doing the bingo, and I want them to continue doing the raffles. I don't want them to have slot machines. None of the Elks Clubs asked me to do any bigger scope of gambling than bingo and raffles. So if that is in this I would love for the people that know more about that than me to come up And if that is in this then I would want you to vote no on the bill

Ben Ben Vagerother

Madam Chair. Thank you very much, Mr. Vice Chair. I was really interested in the line of questioning from Representative Carter. I guess I'm trying to wrap my brain around what in the Constitution is preventing the innovations that you've been describing? Representative Ricks. Thank you, Madam Chair.

Representative Wynnassemblymember

For anything, whether that's administrative, for gaming, anything, it has to go to the ballot. So everything is constitutionalized. So any changes to charitable gaming have to go to the ballot. And I think it's been said, some of the talking points have been, well, they went to the ballot last year and it went the year before, but that is the only choice, the only pathway to changing anything within charitable gaming because it's all constitutionalized. And so that is why this bill is important because it will ask the people of Colorado, So can charitable gaming decide how much they should pay their employees without having to come to the ballot each time? It doesn't make sense. It's hard to function that way.

Ben Ben Vagerother

Madam Chair. Thank you. Do you mind if I dialogue for a minute? Please. Thank you. So these charitable organizations that put on bingo, they don't pay their employees at all, they might get a hot dog after the shift. It's a volunteer kind of thing. So if there is a decision, you know, gas is high. So if somebody comes and sits at the bingo hall for, oh, yeah, and apparently it's prohibited in the Constitution. That's how it was set up initially.

Representative Wynnassemblymember

You're in dialogue.

Ben Ben Vagerother

Okay.

Representative Espinozaassemblymember

Yeah, they don't pay them. It's prohibited in the Constitution. So that's a decision that they should be able to make. It's like, do we give them gas money? Right now they just get food, and that's at the end of the night.

Ben Ben Vagerother

And when was the last time that you all, that a question of this nature was on the ballot? I know there was a game, there was a gaming measure that went out two years ago. I'm not sure if these particular issues were brought to the ballot,

Representative Espinozaassemblymember

but there will be someone who can speak to that when the other witnesses come.

Ben Ben Vagerother

Okay. Go ahead, Rep. Sucla. Representative Sucla, you are now in dialogue.

Representative Espinozaassemblymember

Thank you. So to the chair's question, there actually is somebody that gets paid at the Elks Clubs, and that would be the bartender. And so the reason that they're doing this is if somebody wins, the bartender is not allowed to do the payout.

Ben Ben Vagerother

Okay. And then my last question is actually for you, Representative Sucla. When's auction day for session?

Representative Espinozaassemblymember

That is on the 13th, I believe, of April.

Ben Ben Vagerother

wonderful thank you and I love you all and I will remind you that the other committees are waiting on us representative Bradley

Representative Bradleyassemblymember

Thank you, Mr. Chair. I think that the question I think that some people have asked is that on page three, it says the General Assembly shall establish by law the oversight of the operation of games of chance by organizations permitted pursuant to the subsection. So to conduct games of chance, is that is that I'm not finding anywhere where that's just being because when I look up games of chance, I see lottery, casino style games, dice, card games for money, bingo, pull tabs, wheel of fortune type games.

Ben Ben Vagerother

Representative Ricks

Representative Wynnassemblymember

You did say poll tabs and that's one of the games I think that is under bingo I know it's raffles and bingos Is that part of that?

Ben Ben Vagerother

Sir, why don't we bring up our witness Mr. Kyle We'll have time for you to be able to provide testimony in just a moment Would you like to defer your question to the witnesses when they come? You can hold that question and there will be an expert here too answer those questions. All right. Are there any other questions? I'm going to have just, thank you. You don't know about the other ballot measures that have come before you. I do want to hear from, when the witnesses come up, I do want to hear about what those were, what the results were, what the voters voted. And then another thing that I just want to make a comment so that whoever is coming up can include it in part

Representative Bradleyassemblymember

their testimony. So I spend some time in Louisiana. That's where my family is, etc. I can tell you there are bingo machines there that are in all effects a slot machine. You see them at the truck stops. You see them whatever. And they are games of chance that look no different than any other type of gaming device that you would imagine. And it's called bingo or sometimes called a raffle and I wanted to make sure that whatever we have in this measure is clear that that is not what we are talking about here and not what is authorized when you say bingo to me in here please tell me if what you mean is the little sheets of paper that you fill out with daubers and people yell bingo who would like to answer that representative Sucla yes that's what

Representative Espinozaassemblymember

I mean, and that is all we're talking about here. We're not talking about expanding that to something else.

Ben Ben Vagerother

No. Yeah, no.

Representative Espinozaassemblymember

I mean, I'm not aware of anything like that.

Ben Ben Vagerother

No. Okay. Thank you. Representative Bradley.

Representative Bradleyassemblymember

Thank you. I think we're on the same page. So I'm looking up what an electronic pull tab is, and it's a big old arcade like game. It's not just a pull tab on a bingo card. It's like a huge electronic like arcade type game.

Ben Ben Vagerother

A slot machine. Thank you.

Representative Bradleyassemblymember

So I think we're just confused. Health does this a lot. We get very confused, we'll tell you. So I think we're just trying to get to the bottom of what an actual electronic pull tab is because it looks like a slot machine. I wonder if maybe moving to the witness face might be able to help us get some additional clarity.

Ben Ben Vagerother

Is that okay? We can get the witnesses to come up and speak to it. Okay. All right. Are there any further questions for bill sponsors? I haven't either. Okay. Seeing none, we're going to move into the witness phase. Thank you. Madam Chair we would like for our opposition to go first Okay All right Okay Let's call up then Ms. Peggy O'Keefe and Commissioner Steve Odoricio. All right, Ms. O'Keefe, welcome. The floor is yours for three minutes, okay? And members, I recognize that there's a lot of confusion, but there's also a lot of conversations happening. Let's please give the witnesses our attention. Thank you, Madam Chair, members of the committee.

Vanessa Diaz or Steve Odorizioother

Appreciate the opportunity to talk with you about this referendum. HCR 1001 is a wolf in sheep's clothing. It appears and is being sold as a technical change just to move administrative services from the Constitution. What it really does is take away the ability to regulate this industry and instead opens it up to permitted games far beyond what is currently allowed. First, the voters would be asked to repeal any requirements for licensing of nonprofit Instead, HCR 1001 states that the legislature may provide for oversight of the industry. Federal courts have made it clear in this context that regulation and oversight are very different concepts in terms of the rigor that the state could exercise. In comparing the type of active governmental review and control of bingo, for instance, the court in Crosby Lodge v. National Indian Gaming Commission held that oversight merely means to watch over the conduct of that gaming. At most, it allows for minimal regulatory activity. The court contrasted this with the statute that allowed for regulation in other types of gaming and said that the two terms were not equivalent. As a result, where only oversight was allowed, regulations on the minimal amount that was to be allocated to winners was beyond the tribe's oversight powers. Similarly, HCR 1001, the fact that the state can provide oversight to this industry does not mean that it can require licensing, impose regulatory requirements on how it is conducted. In other words, all of the enforcement powers that exist currently will be eliminated. That is not acceptable for any type of gaming. Likewise, HCR 1001 eliminates subsection 3 and 4 of the current constitutional authorization for charitable gaming. As such, the references to gaming commonly known as bingo or raffles are eliminated. HCR 1001 refers only to games of chance. That includes electronic pull tab devices that look exactly like slot machine. It also includes other types of games of chance. This could include car games. This could include slot machines. And anything else in these now bingo halls will be allowed under this change. Finally, the proposed ballot question is uninformative and misleading to voters. It doesn't mention that existing requirements for nonprofits are eliminated. Requirements like 100% of the revenue is to go to nonprofits themselves. There will be no licensing of these gambling enterprises We already have a bingo industry that according to a recent Denver Gazette investigatory series is riddled with loopholes including financial misreporting and transparency one organization failing to report for the last two decades. Many nonprofits receive only a small fraction of the proceeds, with operators and vendors taking the majority.

Ben Ben Vagerother

Ms. O'Keefe, your time's expired. I'll let you go over just a little bit, but we'll have time for questions. Commissioner Odorizio, welcome.

Leah Schultz Bartlett or Steve Odorizio or Mac Novosadother

Thank you, Madam Chair. Can you guys hear me? Yeah, we can. All right. Thank you. My name is Steve Odorizio. I'm a county commissioner for District 4, and I am speaking on behalf of myself and District 4, not on behalf of the Board of County Commissioners who have not officially taken a position on this. But as the representative of District 4 in the southwest portion of Adams County, we have over close, about 100,000 folks who live in this unincorporated area. And what happens in these situations is that when we have some of these uses that are allowed or that we cannot use our local zoning or other sorts of protections for the neighborhoods, these types of situations actually get dumped in the neighborhoods. And we're talking about like along Washington, Pecos, Federal, Sheridan. where we continue to have challenges, even with the illegal gaming operations that happen today. We just closed down some, not only very recently, along Pecos, and the impact to the neighborhood was significant. And the concern that we have, that I have, and the people in our community and the neighborhoods have, is that regardless of whatever type of paperwork you think this is going to change, The effect of having gambling in the neighborhoods is what would come back, whether you call this legal or not. And it did create some problems in our community. And so I'm asking that you not support this, that I would oppose this because of the concerns that we have with experience with illegal gaming operations. and just changing it from illegal to legal is not going to necessarily change the actual impacts it has on neighborhoods and the ability for local governments to try to protect those neighborhoods. So I would ask that you oppose this. I'm happy to answer any questions at any time about neighborhood issues, and I really do appreciate the opportunity to speak with all of you.

Ben Ben Vagerother

Thank you very much, Commissioner. Members, do you have any questions for this panel?

Representative Bradleyassemblymember

Representative Espinosa.

Ben Ben Vagerother

Thank you, Madam Chair.

Representative Bradleyassemblymember

So, Ms. O'Keefe, if you could talk a little bit more about where the intersection of the current constitutional standing is around what might happen if this change goes into effect.

Ben Ben Vagerother

Ms. O'Keefe.

Vanessa Diaz or Steve Odorizioother

Thank you, Madam Chair. Thank you, Representative Espinosa. the concern is this that really does broaden the types of games that can be played to include slot machine, craps, roulette, many other games, because those are all games of chance. And now they can be played at bingo halls. So that can be all over the state, not just up the hill, but all over the state. And to speak to earlier concerns, voters have voted on this twice and rejected it twice. They've been asked about the volunteers. And remember volunteers are volunteers for the games right They not employees of these bingo halls or employees of these companies that own the halls They were also asked about the length of time that a non needs to be in existence and they rejected that as well. And we don't want people deciding they're a non-profit and now being able to have a bingo hall with slot machines. That's not what we want to do. We want regulation over gaming in Colorado, And that's what the voters have repeatedly said.

Ben Ben Vagerother

Representative Luck and then Bradley.

Representative Furetassemblymember

Thank you, Madam Chair. Can you tell me a little bit more about this investigative report and what the issues were that were found in the facilities already operating? Yes, you bet.

Vanessa Diaz or Steve Odorizioother

Sorry, Ms. O'Keefe. I'm sorry. Apologies. You think I know better. Denver Gazette did a three-part investigative series and showed that there was a systemic lack of oversight and enforcement. There was participation by prohibited and high-risk individuals, including multiple convicted felons certified as bingo game managers. There were multiple incidents of charities receiving little to no benefit. Many nonprofits received only a small faction of proceeds, and there were even nonprofits cited that received 1% of the proceeds. Multiple organizations were to be found compensating their volunteers indirectly. There was a lack of transparency. There was misreporting. Like I said, at least one organization was reported to have failed to report income for two decades. There were regulatory gaps by state officials, including the Charitable Gaming Board, and a myriad of problems in this series. And I will tell you that the response of the Charitable Gaming Board was not, hey, we need to get in there and clean this up and fix it. The response was to create a public relations subcommittee. So that was the response.

Ben Ben Vagerother

Representative Bradley.

Representative Bradleyassemblymember

Thank you, Madam Chair. And to the commissioner, Ms. O'Keefe, I'm going to play devil's advocate. So what? So what that they have slots or games of chance in their bingo halls? Why does that matter? Why do we care?

Vanessa Diaz or Steve Odorizioother

Ms. O'Keefe. Oh, I thought that was to the commissioner. Oh, sorry. Well, because the voters have repeatedly said they want slot machines limited and up in the gaming towns. They do not want them in their backyard. They do not want – we've had votes repeatedly about putting slot machines in racetracks. That has been rejected by over 70%. Like I said, these two bingo referendums that have happened in the last five years have been rejected by the voters.

Ben Ben Vagerother

If you want. Commissioner Odorizio, feel free to chime in.

Leah Schultz Bartlett or Steve Odorizio or Mac Novosadother

Yes, thank you. There's a significant difference between the – one of the situations that I'm going to refer to is the one that happened around 72nd and Pecos, where we literally have a bingo hall in the same strip mall as one of those illegal operations that was going on. There was a significant difference of the impact between the two operations. In the bingo hall, it was organized, it was sequential, and there was a limited amount of time and you knew what was going on. When you get into a situation where you're having these slot machines, which is what was happening also. it does become somewhat unlimited. And I know that they say that with the pull tabs, you have a little limits, but you put them into batches and then once they get through the pull tab batch or whatever, they keep going. And what happens is that you have people there all the time and the addiction issues that were going on at that moment and that situation, we're also bringing in other illegal activity. And so when you bring up the situations that have occurred in the past, this is not the organized business. is sometimes it's actually going to be run by organized crime, and it's going to be bringing in other challenges that come with that situation. Like I will tell you, as somebody who's really involved in our church, we already can do pull tabs. When you do the electronic, it changes the game significantly. It would be like changing the scratch tickets that you have at the gas station with a slot machine. And that's what I would make that akin to.

Ben Ben Vagerother

And there is a difference of impact. Representative Wynn, and then we'll go back to Espinoza.

Representative Buckassemblymember

Thank you, ma'am, Chair. This will be a quick question. I'm just curious about all the bingo halls are closing and whether that be in Adams County or whether it be in the front range. Do you happen to know where these bingo halls are closing at all if they are in the front range area?

Vanessa Diaz or Steve Odorizioother

I don't have the numbers. If you're asking for me, I don't have the numbers on which bingo halls that are operating as legitimate bingo halls are closing at this moment. I can try to see where you have that. But I will tell you that we have had to close the law enforcement and zoning or licensing. I found the illegal operation of these types of operations, like with slot machines, to be significant problems when they come up. And a lot of times, once they're shut down, there is a criminal element that does operate a lot of this because it is not an organized business. That's what we're concerned about. This isn't going to be like one of those organized things that you see from up in the hill. We've literally seen these problems, and it is different than the normal bingle halls.

Ben Ben Vagerother

Representative Espinoza.

Representative Bradleyassemblymember

Thank you, Madam Chair. I guess I'd like one of the things the sponsors talked about, and I know that probably the other witnesses are going to talk about, is that this is just an upgrade to technology. You've indicated that the pull tabs that we're possibly talking about with that increase in technologies like slot machines, and, Commissioner, you've indicated the pull tabs that happen at all the festivals and carnivals of churches has been paper. I guess one of the issues that has concerned me is, with that transition to technological, what happens in regard to verifying that the individuals are either members of or participating in these activities locally or through something that the nonprofits can control versus having what's the additional potential harm with the virtual nature of improved technology?

Ben Ben Vagerother

Ms. O'Keefe?

Vanessa Diaz or Steve Odorizioother

Thank you. Appreciate the question, Representative Espinoza. I think part of the concern is when we expand the types of games that are available from traditional what we consider whether we played them at church events or outclubs or whatever the case is but when we expand from those bingo cards or those paper pull tabs and expand into these electronic games of chance that what a slot machine is I mean it defined in our constitution as a game of chance where you pay money to play a game for consideration and potentially money or a prize is given back. And that's what a slot machine is. And to now add that and say, well, we may let the legislature have oversight over that or not is a huge, huge change.

Ben Ben Vagerother

All right, that's all the time that we have for this panel. Thank you all so much for your time and your testimony. Thank you. I'm going to call up the group of support all together. So we have Ben Vogger, Henry Kyle, Rich Lemon, Mac Novosad, Dennis Klein, and Marla Reichert. Yes, we're aware. Thank you very much. All right. We're going to start with you here, sir. Please introduce yourself. Tell us who you represent, and the floor is yours for three minutes.

Representative Espinozaassemblymember

Thank you, Madam Chair. My name is Richard Lemon. I am the president of the Colorado Charitable Bingo Association. I also sell pull tabs in the Colorado market, bingo supplies, and I've been doing that since 1986. The last testimony was, boy, it really filled my head. So I'm going to just be short. I'm going to go really quick and just ask you to ask me the same questions that you just asked Peggy. Bingo and raffles are the best way to make money or raise money for your charity. They just are. And I am asking you for a yes vote on this bill. We want to get more nonprofits involved, and this will do that. I know that you kind of were chipping around the edges at that just a moment ago. So again, I'll just get to the bottom. What Bingo does is it helps fraternal organizations. It helps veterans clubs, high school booster clubs, sports clubs, groups like Adoption Dreams Come True, Harmony Acres, Horse Therapy, Storm Soccer, Aerials Gymnastics. With this bill, they will flourish. and oddly enough, as much as we're talking about things declining as far as bingo halls and the number of sessions run, it's odd that just slightly the revenue is on an uptick. So that's because of some innovation that you guys allowed. They're called strip tickets.

Jimmy Allen or Caitlin Jenkinsother

So what taking the reins off by removing us, some of these issues from the Constitution will go a long way. So I ask that you please put us on the ballot.

Ben Ben Vagerother

Welcome Please introduce yourself and the floor is yours for three minutes Thank you very much Yeah my name is Ben Ben Vager and I represent the Rotary the Broomfield Rotary in Broomfield Colorado

Jimmy Allen or Caitlin Jenkinsother

I am currently in charge of fundraising and bingo is a big part of that. We actually worked bingo. We started back in the early 2000s, so we've been doing bingo for over 20 years, including on 72nd and Pecos, where I've never known of any issue whatsoever. We were there for many, many years. And they lost their lease because of COVID. So that's the reason why we had to leave that particular hall. I will tell you this much. I think it's important. The money that we make, the Broomfield Rotary, and what it goes for, We donate the money. We give the money to nonprofits in our community, and that's what we do. We have a grant cycle where any nonprofit in that area can apply for money, and we support them. I'll give you an example. We have the food bank, which is Fish. We help support them. We have Precious Child, which lives in Broomfield. We help support them. We do Imagination Library, which Dolly Parton puts on. and we have a big program in that area for our children. We also have SRB, Senior Resources of Broomfield, who are actively involved with Dr. Cog and what we do. We actively support them for seniors. We also have the Refuge for those who are homeless and that type of thing. I spent all day with them yesterday. We help support them. Then we go to school. We go to Bell Swan, which is a preschool for blended students, and we actively involve them and help support them, plus many other nonprofits that exist in Broomfield. So bingo revenue is so important for the Rotary and being able to support these nonprofits. The bigger picture that we know, I don't know if we have any Rotarians here or not, but I will tell you this, we help support the big cause, which is to eliminate polio across the world. and Rotary has been very fully engaged in that and they're busy trying to eradicate it. We support that with bingo money. So the purpose of everything we do has a real strong representation of how important bingo is. I have been to California twice. I went out there just to watch bingo in place. If you want to see bingo being very active and very supportive and really helping nonprofits take a trip out there. They don't do slot machines. They don't do card games, none of that. They do bingo. They do raffle tickets, and they do what they call pull tabs. It's all standard stuff that they do. In fact, the flash games that we brought here, I like to think I was helpfully instrumental in bringing that legislation to us because that is changing the game. That particular game is changing. That's why the numbers are up. It's very, very positive. And there's other things we can do to help prove that. So, again, I'm asking for your yes vote, and that tells me you have a large heart for our nonprofits. Thank you.

Ben Ben Vagerother

Thank you very much, sir. Welcome. You have three minutes. Please introduce yourself on the floor, George. Is that to Dennis Klein? No, that's not you, Dennis. sorry Nope We move to witnesses online shortly Thank you My name is Corky Kyle I the executive vice president of the Colorado Charitable Bingo Association

Vanessa Diaz or Steve Odorizioother

Have been for the last 20 years. We've made a lot of changes over the years to charitable gaming here in the state of Colorado. Important distinction here that I want to go ahead and share with you is that if you look at this pass out that we passed out a couple of days, I've spent more, I've put more paper out on this than I have ever done on any other issue that I've worked. But anyway, everything that we're talking about is covered by article whatever that is, 10, 15, 20, whatever it is, section two. That's the Colorado Constitution that goes ahead and says, guess what? You can go ahead and play bingo raffles. It's found in the lotto section. From there, you go to Colorado CRS. Colorado revised statutes. Title 24, Article 21, Part 6 statute. Now, everything that happens to be in Title 24 is a result of the Constitution. The Constitution says that we have to wait five years. Well, the statute says you've got to wait five years. The Constitution says you can't do remuneration. well we have it in statute that says you can't do remuneration constitution doesn't let you go ahead and do slot machines and these others and I think there was a red herring that's not granted in the constitution that's covered in Colorado revised statutes 2421 so what are we really trying to ask the people to do We're saying take out the administrative stuff, the restrictive language in the Constitution. It means it still stays in the revised statutes. It can't be changed unless legislation is introduced. So as a result, the Constitution still maintains the integrity of charitable gaming in the state. and we are regulated positively by Colorado revised statutes, which gives the Secretary of State the oversight, the licensing, the management of charitable gaming in the state of Colorado. Nothing changes. It just means we can be a little more flexible. Now, you asked about the question earlier about our previous times. I'll tell you what, those are two hard battles the very first one was amendment C and that was done four years ago I believe, Rich and we had $5,000 to run that campaign as a result of that we lost it by two points, you had to have 55%

Ben Ben Vagerother

thank you so much for your testimony

Vanessa Diaz or Steve Odorizioother

right on, thank you Madam Chairman

Ben Ben Vagerother

Chairwoman actually, but thank you We're going to go online now to, let's see, we have Mac Novosad. Welcome. Please take yourself off mute and the floor is yours for three minutes. Can you hear me? Yes, we can hear you.

Leah Schultz Bartlett or Steve Odorizio or Mac Novosadother

My name is Mac Novosad. I represent Pueblo Elks number 90 in Pueblo, Colorado. We currently conduct bingo, pull tabs, and raffle. All of our bingo revenue supports charitable activities including veterans, active service, youth, homelessness, community service programs. And without this bingo revenue, we would not be able to do these things. We have 55 lodges in the state. Currently, as of today, we've raised a total of $12,568,000 of charitable revenue, not all of it through bingo, but without the bingo revenue for these organizations, we wouldn't be able to raise this. And all of this went to these different community programs. I'm in support of this resolution. This resolution does not weaken oversight or diminish the charitable mission of these activities. Rather, it strengthens the state's ability to implement clear enforcement and adapt rules, modern rules, that protect the public interest while supporting nonprofit organizations. We as volunteers do not accept or take money to run bingo. But there was some mention earlier about bartenders. We do employ, Elks Lodges do employ bartenders that aren't members of the order. They are not allowed to disperse bingo revenues as only volunteers are able to do that. That is one of the issues that we are facing as a fraternal organization is sometimes the games manager isn't there or there isn't a necessary person to pay out these pull tabs. And this would enable us to have that ability to have these operating during other hours as well. So I'm in complete support of this resolution, and I'm willing to answer any questions concerning operation bingos and any questions about pull tabs.

Ben Ben Vagerother

Thank you very much. Thank you very much. Next up, Mr. Dennis Klein. Madam Chair, can you hear me? I can. Yes, you can proceed. Thank you very much. Madam Chair and members of the committee,

Representative Espinozaassemblymember

thank you for the opportunity to provide testimony in support of HCR 261001, the charitable gaming referred measure. My name is Dennis Klein. I'm the past president of the Longmont Elks Lodge No. 1055, a longstanding community organization dedicated to service, charity, and local impact since 1906. For 120 years, the Longmont Elks have worked to strengthen our community through charitable giving to youth and education programs, provide veteran support, help seniors and families in need. The funds that make this work possible come primarily from member contributions and fundraising through bingo and raffle activities. However, like many nonprofits and fraternals across the Colorado, our state of Colorado. We face increased requests from community members asking for help, but we're also faced with ever-increasing financial pressures as costs rise and traditional funding, fundraising becomes less effective. HCR 261001 presents a responsible and a well-regulated opportunity to modernize charitable gaming in a way that directly benefits organizations like ours By improving and clarifying the tools available for charitable fundraising this measure would allow us to generate sustainable revenue while maintaining strict regulation and accountability. From my perspective, there are three reasons to support this measure. Strengthen local charities. Charitable gaming provides a proven mechanism to increase funding to nonprofits without raising taxes or placing additional burden on residents. For the Longmont Elks, additional revenue would be directly translated into expanded scholarships, continued veteran support, and increased support for seniors and families facing hardship. Keeping funds in the community. Every dollar raised through charitable gaming at our lodge stays local. Unlike commercial enterprises, proceeds are reinvested into the community through grants, programs, and direct aid. Supporting this measure ensures that more resources remain in Colorado communities where they are most needed. Ensuring transparency and accountability. HCR 261001 maintains strong regulatory framework to ensure charitable gaming is conducted ethically and transparently. Organizations like ours are committed to compliance, stewardship, and we welcome continued clear guidelines and regulation to protect both participants and beneficiaries. It is important to emphasize that this measure is not about expanding gaming for profit. It's about empowering trusted community organizations to better serve their missions. The Longmont Elks and nonprofit site guards across the state operate with a deep sense of responsibility to our communities, and we will view this as a tool to do more good for our communities. In closing, I respectfully ask you to support HCR 261001. The measure represents a thoughtful, community-focused approach to strengthening Colorado's nonprofit sector and ensuring that organizations like the Elks, American Legions, VFW Post, Eagle Aries, Moose Lodges, and many, many nonprofits.

Ben Ben Vagerother

I'm so sorry, sir. I've allowed you to go on past your time. We're going to move on now to Marla Reichert. I don't see her.

U

Sorry, I had a little trouble getting unmuted. No problem.

Ben Ben Vagerother

We can hear you. Please proceed with your testimony. You have three minutes and the floor is yours.

U

Well, thank you, Madam Chair. Thank you, panel, for the opportunity to testify today. I'm representing myself in support of this bill. And I want to speak to you not just about policy, but about principle. At its core, this resolution is about whether we trust the people of Colorado to govern themselves, or whether we continue to bind them to outdated constitutional language that no longer reflects today's reality. Excuse me, I'm sorry. Our constitution should set guardrails, not act as a barrier to local communities solving their own problems. right now charitable organizations across Colorado are being held back not by lack of need not by lack of willingness but by language that prevents them from adapting growing and fully serving their communities these are not corporate interests these are local groups eagles elk service organizations supporting veterans first responders youth programs and families in need and this is where it becomes personal for me I'm sorry. Give me just one moment, please.

Ben Ben Vagerother

Sure. Of course.

U

I a member of the Pueblo West Eagles I a past president of the Women Auxiliary I am formerly a games manager and the Eagles have been a member of the Pueblo West Eagles I a past president of the Women Auxiliary I am formerly a games manager And the Eagles have contributed tens of thousands of dollars to the Soaring Eagle Center for Autism in Pueblo West As the grandmother of an autistic child, I can tell you firsthand, those services are not abstract. They are life-changing. They help families who are overwhelmed learn how to care for and support their child in a way that gives them hope and stability. When those charitable dollars disappear, that impact disappears with them. And that is exactly what happens when we restrict the ability of these organizations to raise funds. Every dollar generated through charitable gaming stays in the community. It does not leave. It does not go to bureaucracy. It goes directly to people who need it. Now, I understand there may be some concerns about this policy, but I would ask you to consider this. A yes vote on HCR 26-101 is not a vote to expand government. It is not even a vote to endorse this policy. A yes vote is a vote for the Constitution as it was intended to function. It is a vote to let the people decide. It is a vote to remove outdated language and trust voters to make the right call for their own communities. If we believe in self-governance, if we believe the people are capable of making decisions, then we shouldn't fear giving them the opportunity to do so. This resolution simply puts that choice where it belongs, in the hands of the people of Colorado. So I respectfully ask for your yes vote. Thank you for your time, your service and your commitment to our Constitution.

Ben Ben Vagerother

Thank you very much, members. What questions do you have for this panel? We're going to start with represent. We're just going to go straight down the line. Representative Locke and then. Yep.

Representative Zokaiassemblymember

OK, thank you, Madam Chair. And thank you to all who have testified. My question is for Mr. Kyle. So you had outlined on your sheet of paper how nothing is really going to change because the constitutional provisions are duplicative in or duplicated within the CRS. But the opposition pointed us to a case that made a distinction between regulations and oversight, those powers. I note here on page three, lines 18 through 21 of the resolution, that the word oversight is here. It says specifically the General Assembly shall establish by law the oversight of the operation of games of chance by organizations permitted pursuant to this subsection to to conduct games of chance. That is language I don't tend to see in our drafts of constitutional amendments or or regulations. and so it seems in light of the case precedent that was pointed to that that was a very intentional choice. And my concern is if that case was accurately presented, which I have reason to believe that it is, that what is actually happening here is not only an erasure of the constitutional provisions but also de facto an erasure of the CRS because of this case precedent. And so I'm wondering if you and your organization would accept an amendment to that language that said the General Assembly shall establish by law the operation of games, just striking it entirely, or reference not oversight but regulation.

Ben Ben Vagerother

Who would like to take that? Mr. Kyle.

Vanessa Diaz or Steve Odorizioother

No, I'll give it a shot. I don't recall that case, and I know they talked about it earlier. I'm sorry. intention at all Right now the legislature can change who regulates charitable gaming It right in our statute. And that's granted through the Constitution. So when it comes to the regulation, it's already established. Now, Representative Luck, were you talking about the newspaper article? I'm sorry, I don't remember. But we would love to look at the amendment. And if it works, great. But we need to work with our sponsors and see what's going on with that.

Ben Ben Vagerother

Do you have a follow-up, Representative Locke? Okay. Representative Espinoza.

Representative Bradleyassemblymember

Madam Chair, may I dialogue? Yes, please. Okay. Let's go through the bill. Well, let me go through a little bit of information. And at the outset, I'm going to put on the record that I, too, am an elk. I'm a member of Lodge 17 in Denver. My husband is currently the exalted ruler of Lodge 17. And he's also a games manager. We have 10 games managers that have been trained through the lodge, so I'm intimately familiar with the requirements and procedures of operating under the current rules and obligations of provisions. So I just want to make sure I put that on the record so everybody knows that I have that connection to this issue. I've been going back and forth over whether that requires me to disqualify myself. Under the technical rules of 21C, it does not. and given the nature of the conversation today, I feel that it's important that I act in my legislative responsibility with that acknowledgement to the group. So I want to start on page three, and page three you're striking so much language that goes to the regulation and information there. And you're specifically striking no game and substituting games of chance, no game of chance pursuant to subsection two. So by striking pursuant to subsection two, you are broadening the game of chance issue from what's in the Constitution. So notwithstanding your commitment that what you're looking at is regular bingo, regular bingo or regular pull tabs, once you strike that language, Mr. Kyle, are you not opening up the process to games of chance as defined elsewhere in the statute by its definition including other games of chance?

Vanessa Diaz or Steve Odorizioother

Don't shoot me, but can you give me the citation again?

Representative Bradleyassemblymember

I just got my bill out so I could reference it. I'm starting on page 3. 3?

Vanessa Diaz or Steve Odorizioother

Section 2. What happens?

Representative Bradleyassemblymember

On line 2. On line 2. Okay.

Vanessa Diaz or Steve Odorizioother

You substitute game pursuant to subsection 2,

Representative Bradleyassemblymember

which would have included the limitation of only bingo and raffles, with games of chance. does not that open it up to all games of chance?

Vanessa Diaz or Steve Odorizioother

I don't know that I can answer that, to be perfectly honest.

Representative Bradleyassemblymember

Okay, then we can move on. My good colleague from Penrose asked if I consult my experts here. I don't know if you drafted the bills or if you can answer that.

Vanessa Diaz or Steve Odorizioother

You know, we didn't draft the bill, and that's not our intention.

Ben Ben Vagerother

Rep. Espinoza, would you like to have the bill drafter come up?

Representative Bradleyassemblymember

No, I think I'm going to just work through what we have on the paper. Got that. Thank you.

Ben Ben Vagerother

Okay, let's turn to page four.

Representative Bradleyassemblymember

Again, I'm focusing on the stricken language because I think that's the issue we're having here in terms of the statement that you're not making any changes. You're specifically striking the requirements that all the networks proceeds go in for subsection A, that all the net proceeds go for the devoted and lawful purposes of the organization. The wonderful things that you've talked about that your organization support, that no longer is an obligation under this bill. So doesn't that open the opportunity for you to no longer have to meet your obligations if you're raising these funds?

Ben Ben Vagerother

Mr. Henry, you're still in dialogue. Mr. Kyle.

Vanessa Diaz or Steve Odorizioother

No, Mr. Kyle, sorry. No, no, that's fine. That's fine. But it's never our intention to go ahead and deviate from any of this. Okay.

Representative Bradleyassemblymember

But this can be interpreted that way, yes. I agree with you. I think most of that stuff is taken up in statute anyways.

Vanessa Diaz or Steve Odorizioother

Yeah. And that's our intention, to move it to statute.

Representative Bradleyassemblymember

Okay, but that's not what this does, and so we have to focus on that, and it doesn't tell the voters that you're eliminating all these sections by moving this to a ballot initiative in your final language. That's why I want to go through each of the sections that are currently in the – that you're striking the language for so everybody understands what we would be doing if we voted for this bill. The next issue – and you've talked a little bit about this – is that only bona fide members of any organization may participate in the management or operation of such game. So my understanding, and I know my own club, our bartender, actually he demitted and now he is a member of our club, but we specifically hired him because he was not a member of our club because we think that bar management should be done by someone who's not intimately related to the club management because you get into all sorts of conflicts if you've got standards for members. But this subsection B would allow non-members to come in and be part of this charitable contribution. Would it not?

Vanessa Diaz or Steve Odorizioother

It may.

Representative Bradleyassemblymember

The hardest part for nonprofits is help.

Vanessa Diaz or Steve Odorizioother

But isn't it true that part of the whole purpose of the charitable gaming is to encourage the volunteers and the people to be participating in order to raise the money? Sure, but at the end of the day, it's to make money and to put money in the coffers.

Representative Bradleyassemblymember

Right, which takes me nicely to my next question. And my next question is, notwithstanding all the wonderful work that I know you do in terms of the contributions and charitable organizations, doesn't a good percentage of that money remain with the nonprofit itself to run the management and the organization, the buildings and the structure that you have for the purposes of the nonprofit's existence? It all doesn't go out to third parties, does it?

Vanessa Diaz or Steve Odorizioother

I'll speak for Broomfield Rotary, it does. It goes into a bucket, and that bucket is strictly designed to go to nonprofits. that are in a grant cycle. So we at Broomfield, we make sure that that money is not used for administrative purposes whatsoever. We are a foundation, 501c3 foundation. There is the Broomfield Club, but that's a different entity. So for us, it's critical. It's part of ours, for sure.

Representative Bradleyassemblymember

I know the ELKS sort of operate a little bit differently, so if any of our ELKS members can talk about it, because I know some of that money at least can be used because we also qualify as nonprofits to help sustain the organization and the clubs. Am I wrong in that?

Leah Schultz Bartlett or Steve Odorizio or Mac Novosadother

Ma'am, you are right. A percentage of our bingo revenue goes into operational expense as well.

Representative Bradleyassemblymember

Okay. And we're eliminating a requirement there. And then yeah so I guess let see I also just want to talk about games managers I think games managers themselves Under the current rules, and this I know can be the difficult issue, but under the current rules, games managers must be on site when games are being operated. Would it be anybody's intention not to have that happen?

Vanessa Diaz or Steve Odorizioother

because we're not talking about profit organizations, we're talking about nonprofit organizations, and the games manager's participation on site is critical to ensure, since they've been trained, that they don't get the nonprofit in trouble by doing something outside the rules.

Representative Bradleyassemblymember

Am I wrong?

Vanessa Diaz or Steve Odorizioother

From my standpoint, you're not wrong. I think the game manager has to be on the location during the event for sure because you never know what's going to come up as far as the event is concerned. So a gaming manager is very much a part of it. We have never held an event without a game manager. We just have to make sure we have enough to cover and train. You can be talking about two different things.

Representative Bradleyassemblymember

I've run into a situation where American Legion was trying to sell pull tabs, and they were not allowed to do so because there was no games manager on site. And, you know, the revenue declined after that was enforced. So it'd be nice to make some exceptions. Okay. And I appreciate that under this proposal, that would be what you'd be opening the door to is some of those exceptions. And I guess that's one of the greatest concerns I have with this bill as proposed is right now we already have protections to ensure that these programs are being managed under the supervision of somebody who's been trained by the rules. at the Secretary of State. And as proposed, those might go away. And we would also be paying those individuals, which could create a conflict of interest. I have no further questions at this time.

Ben Ben Vagerother

Thank you very much. Let's go to Representative Bradley. Members, I do want to acknowledge that we are over time with this panel, but I feel like there's been a lot to clear up. And so long as everybody's okay, we'll continue with questions and then proceed to amendments. So go ahead, Representative Bradley.

Representative Bradleyassemblymember

Thank you, Madam Chair. And the representative next to me, I think my biggest want or worry was on page three that you struck no game of chance pursuant. And then we added in all these other things. So I think that the bill is not doing what you intend for it to do. I think that bingo and raffles support a lot of nonprofits and good things in our communities. but the way that it's written by striking so much of the regulations, like the entire net proceeds of any game shall be exclusively devoted to the lawful purposes of organizations permitted to conduct such games. I know that you guys are not bad actors, but there are bad actors. And I think what's going to happen is the bad actors are going to take over what the good actors are doing. And that is my biggest concern about the way this is written. And I guess my question, Mr. Kyle, Amendment C, you said almost passed. I think you said 55%. I don't know what you said about Amendment F, but why not make this a ballot initiative?

Jimmy Allen or Caitlin Jenkinsother

That's where we're going.

Representative Bradleyassemblymember

Okay, sorry.

Jimmy Allen or Caitlin Jenkinsother

Right.

Representative Bradleyassemblymember

A citizen-led.

Jimmy Allen or Caitlin Jenkinsother

Right.

Representative Bradleyassemblymember

A citizen-led.

Jimmy Allen or Caitlin Jenkinsother

A citizen-led.

Representative Bradleyassemblymember

Right.

Jimmy Allen or Caitlin Jenkinsother

Okay.

Representative Bradleyassemblymember

Mr. Kyle?

Jimmy Allen or Caitlin Jenkinsother

Is that a question, Representative Bradley? Well, number one, it costs a small fortune, and the nonprofits would not be able to go ahead and do the petitioning for what the cost of signatures are doing And we always worked with the legislature and they always been Where they supported us in those last two occasions if it may I continue with that Do you want some more information about what happened there? The very first one was was referendum C Is our very first attempt and that the whole issue was to take out the five years and be able to get rid of the remuneration so that people could have the opportunity to go ahead, if they so choose, to remunerate the volunteers that go ahead and do it. In two studies done by the Secretary of State, one of the top things that was said in there was you can't keep volunteers because you don't reward them. And the biggest complaint that every licensee had was we can't keep volunteers. But if we could go ahead and pay for their gas, maybe give them $100 a session and so on, that would help alleviate some of the issue there. But right now in the Constitution, we can't give them anything. There is no, although they do, they do allow a $10, Secretary of State has allowed a $10 hot dog to go ahead to go to any volunteer. The next one, oh, and we lost referendum C by 2%. We had 53% of the vote, and we needed 55. And we did that on $5,000. And that was doing it for the whole state. So next one was referendum F. Same thing two years later. And we didn't do as well that time. We lost by 49%. But the cat was out of the bag and we had some opposition. And we didn't have any more money. but you know the third time is the charm perseverance and tenacity is what the legislature is all about is you can't get it done you got to keep out persistence and tenacity and you'll eventually go ahead and get that squared away we also would be open you know if this causes some concern we can adjust and look at amendments for this

Representative Bradleyassemblymember

Thank you, Madam Chair. So when you read the oversight of Operation of Games of Chance by organizations, which is not just including bingo and raffles, does that give you pause?

Ben Ben Vagerother

Mr. Kyle?

Jimmy Allen or Caitlin Jenkinsother

Which line are you referring to?

Representative Bradleyassemblymember

I'm on page 3 – sorry, Madam Chair. Page 3, 18 through 21, the thing that I've actually highlighted the most because you're stripping so much, which I don't know that that's the intent. to strip the regulations and to make sure that bingo profits don't just go to operational expenses and things like that, that it actually goes to the Boys and Girls Club. But when you strike all of this no game pursuant to this subsection two may be conducted, and then you add in the General Assembly shall establish by law the oversight of the operation of games of chance, that opens up a plethora of things that I don't believe listening to y'all's testimony is the intended consequence of what you want.

Jimmy Allen or Caitlin Jenkinsother

I would totally agree.

Ben Ben Vagerother

Mr. Kyle.

Jimmy Allen or Caitlin Jenkinsother

I'm sorry, Madam Chairman.

Ben Ben Vagerother

Also sir just really quickly you keep calling me Madam Chairman I actually Madam Chair Madam Chair I sorry Thank you All right Madam Chair

Jimmy Allen or Caitlin Jenkinsother

That is not our intent. We don't want slot machines. We don't want dice. We don't want skill games. We want to be able to go ahead and utilize bingo raffles and that is our main source of playing games. Now, two years ago, you all passed a law that we now have, Strip Bingo, which created a new bingo game. And so we have been doing that for the last two years and that's been very effective. But it goes to show that the legislature did go ahead and work with us, and we got a new bingo game. And that's what our intent would be. That would be the example.

Representative Bradleyassemblymember

Representative Espinoza, one last question from you.

Ben Ben Vagerother

Yes, just based on that last answer, Madam Chair.

Representative Bradleyassemblymember

It's my understanding, Mr. Kyle, that you also said you wanted to move to electronic pull tabs and that that is one of the issues that's been of concern. That is not in the traditional pull tabs or bingo that we're talking about. Isn't that true, that that's what you've said to me?

Ben Ben Vagerother

Mr. Kyle.

Jimmy Allen or Caitlin Jenkinsother

I'm not sure I said that. It might have been implied. We've tried that once. We ran legislation about 10 years ago to do electronic pull tabs, and we lost. And so we've just let it go. And so we know that that's not what is going to work in Colorado.

Ben Ben Vagerother

Representative Wynn and then Representative Bottoms.

Representative Buckassemblymember

Thank you, Madam Chair. This is a very brief question to Mr. Vager. Thank you so much for being a Broomfield, Lord of a Remember, and of course the work you do. My question to you is based off of a follow-up question on pull tabs. What is slot machines for pull tabs? I am a young person. I play bingo once upon a time at a bar. What is slot tabs machines for pull tabs?

Ben Ben Vagerother

Sir, if you can just identify yourself when you speak. I don't know that I have the individual on the end.

Representative Zokaiassemblymember

Richard Lemon.

Ben Ben Vagerother

Mr. Lemon.

Representative Zokaiassemblymember

Thank you. Representative Wynn, electronic pull tab is basically a finite set of electronic Wynn's wins or tickets that go into a machine that could come from a remote server or local server. It goes into the machine, and it's got winners and losers in there. And when you put your money in, you press a button, and it shows you the pull tab, the electronic version of a paper pull tab. It shows you those symbols and tells you whether it's a winner or not. And the one good thing about it that it does is provide 100% accountability as opposed to having a tub of tickets and the potential of losing one or two of the tickets. So that's what an electronic pull tab is. And we have, again, we have no intention of installing those.

Ben Ben Vagerother

Representative Bottoms, and then we'll go to Vice Chair Clifford.

Representative Bottomsassemblymember

Thank you, Chair. So I don't mind bingo. I said that, I think, to Mr. Kyle earlier. I don't mind bingo. And as a pastor of a church, I've done some raffles over the years, took some flack for that because our group don't like that. but this is not what this bill is about. This isn't about bingo and raffles. In fact, the question I asked earlier about the tax-exempt status, for us to have done a raffle as a 501c3, we have to address certain issues that this bill potentially changes, and these are constitutional issues. and by the way if we let this go to the people we'll be making constitutional changes so you've got to be careful with the hey this is constitutional but it's all backed up by statute Constitution overrides statute but we had to prove we weren't paying anybody for this raffle that this was all part of the mix that's because we were 501c3 there are things that change if we go along with this bill there are major things that change that um i don't know if you guys are are knowing that these are the changes but one of the biggest one is the 501c3 as a charitable organization how these structures are set up is way bigger than than um bingo our 501c3 affects everything we do property everything we do when you start having somebody that can be paid by the organization to interact with this gaming situation you now have to be a 501B. You can't be a C3 anymore because of the type of money that's coming in and where it's going and who's getting paid for it. You're no longer a legitimate 501C3. Although a lot of churches, a lot of Elks Lodge, all these kind of – they do this regularly without realizing you're actually going against the C3 status and you've moved into a B status. And this would majorly change that conversation when it comes to your tax-exempt status. and I don't think any of the any of you three here are the two guys on the screen I don't think any of you can guarantee us that you're not going to have slot machines that you're not going to have you may say well my rotary may not have that but this law does give opportunity for all of those things to be happening in any of those spaces so now you go from a bingo you know a catholic church doing bingo to raise money, which I am okay with. But that's not what this bill does. This bill changes the conversation when it comes to the tax exempt, to what is considered charitable, how it's considered charitable. It also brings the responsibility to our space here that now we're running bingo halls slash slot machine setups. I don't think we should be doing anything in this arena That why it is specifically in the Constitution that we don And so this bill changes all of that and the biggest thing for me is it really doesn stop any kind of the sky's the limit with the gaming. According to this bill, not according to what you guys are saying, this is why I think Representative Bradley kept saying, okay, the difference in this. But can you guarantee us? Can you say we can guarantee that we will never do any of these things? You might guarantee it for you, but can you guarantee that across the board? And I don't think the bill gives you that opportunity, but go ahead.

Ben Ben Vagerother

Mr. Lemon.

Representative Zokaiassemblymember

Thank you. I'm no constitutional expert. I'm not a lawyer. But I do know that I was sitting in a hearing that wrote some rules, wrote some law into statute that prohibited electronic pull tabs. And it's still there. So if we take it, you know, if we take some of these things out of the Constitution, does it take that away? According to this bill, it does. Representative Bottoms.

Ben Ben Vagerother

Yes, thank you.

Representative Bottomsassemblymember

It does do that according to this bill. And two or three of these lines are the ones that are making it happen.

Ben Ben Vagerother

Mr. Lemon.

Representative Zokaiassemblymember

Thank you. The rule, I mean, it describes anything that could possibly look like a slot machine. I THINK OUR INTENTION IS TO FALL ON THE STATUTE Yeah I think our intention is to fall on the statute and I presume that those items were prohibited in the statute the electronic pull tabs

Ben Ben Vagerother

All right. Thank you all so much for your time and your testimony. Is there anybody else with us that wishes to provide testimony? If so, come forward at this time. Seeing none, the witness testimony phase is now closed. Members, I don't know how you all are feeling, but I feel like there are a lot of questions still to be answered on this bill. So I am going to lay it over to a future date. So stay tuned in terms of when we will hear that bill next. I do want to acknowledge that as of right now, WE DO NOT HAVE ANYTHING SCHEDULED FOR STATE AFFAIRS FOR NEXT WEEK. THAT WAS INTENDED TO BE A THANK YOU FOR ALL OF THE HARD WORK THAT YOU ALL HAVE BEEN PUTTING IN. AND, WELL, JUST A MINUTE. FOR ALL OF THE HARD WORK THAT YOU ALL HAVE PUT IN OVER MANY, MANY LONG NIGHTS EVERY MONDAY. SO WE WILL HOLD, WE WILL HOLD TO THAT AND LOOK FORWARD TO RECONVENING AFTER BUDGET WEEK. And otherwise, happy birthday, Representative Bradley. And we will, the committee will be adjourned. Thank you.

Source: House State, Civic, Military, & Veterans Affairs [Mar 26, 2026 - Upon Adjournment] · March 26, 2026 · Gavelin.ai