CO Supreme Court Upholds GA Rule Allowing Legislative Days to Pause During State of Emergency

Court rules in favor of the General Assembly’s position that legislative days do not have to be counted consecutively during a public health crisis

Denver, CO – Today the Colorado Supreme Court ruled in favor of upholding Joint Rule 44 of the General Assembly after an interrogatory was submitted to verify its constitutionality on March 14. 

“We are thrilled with the Supreme Court’s decision to uphold Joint Rule 44 of the General Assembly,” said President Leroy M. Garcia, D-Pueblo. “While public health experts are advising citizens to stay home, we must continue to protect all those who do business at the Capitol by temporarily suspending the session. However, counting legislative days consecutively during this state of emergency would have been devastating for Colorado. As leaders, we were elected to serve the community, especially during times of hardship. With this decision, we will not be robbed of that opportunity, but rather be allowed to honor public safety measures while still preserving the breadth of our civic duties. The legislature’s critical work on behalf of Coloradans will continue as it is deemed safe. When that happens we will have a lot to do, but we’re ready to rise to the challenge.”  
 
“I thank the court in reaching this common-sense conclusion: during a public health crisis, the legislature can pause and return back when it’s safe to do so," said Majority Leader Steve Fenberg, D-Boulder. "This ruling means that when we return to the Capitol, we’ll have time to pass legislation to get Colorado’s families, businesses, and economy back on their feet.”
 
Under normal circumstances, the General Assembly operates under a 120-consecutive day limit each year. However, when the Governor declares a national health emergency, such as the current public health crisis Colorado is facing, the Legislature adheres to a rule that allows for the counting of only “working calendar days” and thus does not lose time if the session is suspended in a state of emergency. 
 
On March 14, the General Assembly made the difficult but critically important decision to temporarily halt all formal legislative work until the people of Colorado could safely participate in their democracy. However, the duties of the legislature are far from over. Therefore, in order to preserve the important work being done on behalf of Coloradans, the General Assembly requested that the Supreme Court make a determination as to whether the unanimously adopted legislative rules of the body were constitutionally sound.

With this ruling, the General Assembly will be allowed to pick up where they left off at a later date–resuming its responsibility to serve the citizens of the state once it is safe to do so. 

To read the full court opinion, click here.

Colorado Leaders Urge President Trump To Increase Production of Critical Medical Supplies

Today, 43 members of the General Assembly alongside 65 other elected officials from across Colorado formally wrote President Trump urging him to expand production of critical medical supplies in response to the COVID-19 epidemic:

We write to urge you to immediately exercise your authority under the Defense Production Act (DPA) to direct the Secretary of Health and Human Services to expand national production of much needed medical supplies including masks, ventilators, and respirators. We applaud your decision to use this authority to increase one company’s manufacturing of ventilators, but ask you to use the full extent of your authority under the Act to ensure sufficient supplies and distribution of all necessary medical equipment.

Senator Faith Winter, who spearheaded this bipartisan effort, argues that the United States is fast approaching unprecedented devastation if proper steps are not immediately taken to arm medical professionals with the necessary supplies:

“We need aggressive, ambitious action to combat this virus. Every day more people are becoming sick, and without life-saving equipment, hospital staff will be overwhelmed by impossible working conditions that will likely cost countless lives,” said Senator Faith Winter (D-Westminster). “In Colorado, we are doing everything we can to flatten the curve and buy time to increase our health care capacity. But a key part of increasing this capacity is to get the necessary supplies. I know that Americans will rise to the occasion and manufacture the goods we need.”

Currently, the medical community is experiencing dangerous shortages of respirators, isolation gowns, surgical masks, eye protection, intensive care unit equipment, and diagnostic testing tools. With dwindling reserves, hospitals fear that they will be wholly unprepared for the inevitable surge of ill patients as COVID-19 continues to sweep across the nation.

In Colorado, it is projected that local hospitals will reach critical capacity within weeks if the rate of infections continues: 

Without an increase in manufacturing capacity for critical medical supplies and federal coordination in distributing these supplies, Colorado will not have the needed resources to protect our frontline workers and effectively respond to the COVID-19 pandemic.

Under the Defense Production Act (DPA), President Trump has the authority to compel private companies to prioritize the manufacturing of critical goods in the face of a national emergency. It also allows the federal government to direct fair distribution of resources — ensuring that communities hardest hit by the pandemic are addressed first.

You can find the full text of the letter here. 

Letter From Colorado Delegation of State and Local Leaders Urges President To Expand Production of Medical Supplies

March 31, 2020

The Honorable Donald J. Trump
President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500 

Dear Mr. President:

The global COVID-19 pandemic has now spread to every state in our nation, and the U.S. Centers for Disease Control and Prevention (CDC) estimate that up to 214 million Americans could contract COVID-19 as it continues to spread throughout the country. Schools, childcare centers and workplaces have been shut down across the country. Our healthcare system is preparing for impending shortages of critical equipment. 

We write to urge you to immediately exercise your authority under the Defense Production Act (DPA) to direct the Secretary of Health and Human Services to expand national production of much needed medical supplies including masks, ventilators, and respirators. We applaud your decision to use this authority to increase one company’s manufacturing of ventilators, but ask you to use the full extent of your authority under the Act to ensure sufficient supplies and distribution of all necessary medical equipment. The country cannot rely solely on private industry initiatives to make up the growing deficit of critical supplies. We must use all tools at our disposal to ensure that front line workers have the resources they need to slow the spread of COVID-19 and save lives. 

Critical medical supplies are already in short supply across the country. As noted in the March 21 letter from the American Hospital Association, the American Medical Association and the American Nurses Association, the “dwindling supplies of N95 respirators, isolation gowns, isolation masks, surgical masks, eye protection, intensive care unit equipment and diagnostic testing supplies” are insufficient to adequately respond to the projected COVID-19 outbreak. The CDC has reported that already orders for N95 respirators and facemasks are going unfilled by distributors, and the CDC has told healthcare workers to use homemade masks as “a last resort.” The nation’s supply of ventilators is wholly inadequate to meet the projected need over the next several months. Our nurses, doctors, and first responders deserve better. 

As of March 30, Colorado has 2,627 COVID-19 cases with 414 individuals hospitalized throughout 47 counties. We have seen significant daily increases in these numbers, and expect these increases to continue despite our best efforts to flatten the curve. Colorado hospitals worry that without swift action, Colorado may experience a situation similar to Northern Italy where a shortage of critical medical equipment forced doctors to make life-or-death decisions about who most needed the limited resources. In Colorado, state health officials estimate that our state will be about 6,000 ventilators short of what will be needed during the peak of the pandemic. 

Coloradans are committed to slowing the spread of COVID-19 so that our healthcare system is not overwhelmed. Governor Polis has issued a statewide stay-at-home order through April 11, closed Colorado schools through April 17, and closed most businesses through April 30. But without an increase in manufacturing capacity for critical medical supplies and federal coordination in distributing these supplies, Colorado will not have the needed resources to protect our frontline workers and effectively respond to the COVID-19 pandemic. 

We are heartened to see companies--like Colorado’s Genesis Plastics Technologies--stepping up to address this medical supply shortage, but we need leadership and coordination at the federal level to ensure that supplies are going to where they are most in-need, that pledged supplies are delivered in a timely fashion, and that manufacturers are producing enough supplies to meet the surging need. 

We urge you to take aggressive action without delay, and thank you for your consideration as we work to protect the lives and livelihoods of Coloradans and all Americans. 

Sincerely, 

Leroy Garcia, CO Senate President, District 3
Steve Fenberg, CO Senate Majority Leader, District 18
Pete Lee, CO State Senator, District 11
Joann Ginal, CO State Senator, District 14
Tammy Story, CO State Senator, District 16
Mike Foote, CO State Senator, District 17
Rachel Zenzinger, CO State Senator, District 19
Jessie Danielson, CO State Senator, District 20
Dominick Moreno, CO State Senator, District 21
Brittany Pettersen, CO State Senator, District 22
Faith Winter, CO State Senator, District 24
Kevin Priola, CO State Senator, District 25
Jeff Bridges, CO State Senator, District 26
Nancy Todd, CO State Senator, District 28
Rhonda Fields, CO State Senator, District 29
Chris Hansen, CO State Senator, District 31
Robert Rodriguez, CO State Senator, District 32
Angela Williams, CO State Senator, District 33 
Julie Gonzales, CO State Senator, District 34

KC Becker, CO Speaker of the House, District 13
Alec Garnett, CO House Majority Leader, District 2
Meg Froelich, CO State Representative, District 3
Serena Gonzales Gutierrez, CO State Representative, District 4
James Coleman, CO State Representative, District 7
Leslie Herod, CO State Representative, District 8
Emily Sirota, CO State Representative, District 9
Monica Duran, CO State Representative, District 24
Lisa Cutter, CO State Representative, District 25
Brianna Titone, CO State Representative, District 27
Kerry Tipper, CO State Representative, District 28
Tracy Kraft-Tharp, CO State Representative, District 29
Dafna Michaelson Jenet, CO State Representative, District 30
Yadira Caraveo, CO State Representative, District 31
Matt Gray, CO State Representative, District 33
Kyle Mullica, CO State Representative, District 34
Shannon Bird, CO State Representative, District 35
Mike Weissman, CO State Representative, District 36
Dominique Jackson, CO State Representative, District 42
Daneya Esgar, CO State Representative, District 46
Mary Young, CO State Representative, District 50
Cathy Kipp, CO State Representative, District 52
Barbara McLachlan, CO State Representative, District 59
Julie McCluskie, CO State Representative, District 61
Eva Henry, Adams County Commissioner, District 1
Chaz Tedesco, Adams County Commissioner, District 2
Emma Pinter, Adams County Commissioner, District 3
Mary Hodge, Adams County Commissioner, District 4
Steve O’Dorisio, Adams County Commissioner, District 4
Elise Jones, Boulder County Commissioner, District 1
Deb Gardner, Boulder County Commissioner, District 2
Matt Jones, Boulder County Commissioner, District 3
Ron Engels, Gilpin County Commissioner, District 1
Linda Isenhart, Gilpin County Commissioner, District 2
Gail Watson, Gilpin County Commissioner, District 3
Gwen Lachelt, La Plata County Commissioner, District 2
Greg Poschman, Pitkin County Commissioner, District 3
Tim Corrigan, Routt County Commissioner, District 1
Beth Melton, Routt County Commissioner, District 3 

Hilary Cooper, San Miguel County Commissioner, District 1
Ann Mullins, Aspen City Council
Rachel Richards, Aspen City Council
Nicole Johnston, Mayor Pro Tem, City of Aurora
Crystal Murillo, Aurora City Council Member, Ward I
Juan Marcano, Aurora City Councilmember, Ward IV
Alison Coombs, Aurora City Council Member, Ward V
Curtis E. Gardner, Aurora Council Member, At-Large
Angela Lawson, Aurora City Council Member, At-Large
Allison H. Hiltz, Aurora City Councilmember, At-Large
Jacque Whitsitt, Mayor, City of Basalt
Sam Weaver, Mayor, City of Boulder
Aaron Brockett, Boulder City Councilmember
Rachel Friend, Boulder City Councilmember
Guyleen Castriotta, Mayor Pro Tem, City of Broomfield
William Lindstedt, Broomfield City Councilmember, Ward 2
Deven Schaff, Broomfield City Councilmember, Ward 3
Jean Lim, Broomfield City Councilmember, Ward 3
Laurie Anderson, Broomfield City Councilmember, Ward 4
Heidi Henkel, Broomfield City Councilmember, Ward 5
Yolanda Avila, Colorado Springs City Councilmember, District 4
Amanda Sandoval, Denver City Councilmember, District 1
Jamie Torres, Denver City Councilmember, District 3
Candi CdeBaca, Denver City Councilmember, District 9
Debbie Ortega, Denver City Councilmember, At-Large
Robin Kniech, Denver City Councilmember, At-Large
Angela Cobian, Denver Public School Board Member, District 2
Brad Laurvick, Denver Pubic School Board Member, District 5
Angie Malpiede, Regional Transportation District Board, Chair
Adam Haid, Town of Erie Trustee
Michal Rosenoer, Edgewater City Councilor
Julie Pignataro, Fort Collins City Councilmember, District 2
Jamie Harkins, Mayor, City of Lafayette
JD Mangat, Lafayette City Councilor
Chelsea Behanna, Lafayette City Councilor
Dana Gutwein, Lakewood City Councilmember, Ward 5
Kathi Wright, Loveland City Councilmember, Ward 2
Andrea Samson, Loveland City Councilmember, Ward 2
Rob Molloy, Loveland City Councilmember, Ward 1
Katie Gill, Morrison Board of Trustees Member
Paul Sutton, Morrison Board of Trustees Member 

Joyce Downing, Northglenn City Council Member, Ward 2
Katherine Goff, Northglenn City Council Member, Ward 3
Julie Mullica, Northglenn City Council Member, Ward 3
Jenny Wilford, Northglenn City Council Member, Ward 4
Mark Lacis, Mayor Pro Tempore, City of Superior
Julia Marvin, Thornton City Councilor
Anita Seitz, Mayor Pro Tempore, City of Westminster
Kathryn Skully, Westminster City Councilor
Jon Voelz, Westminster City Councilor

COVID-19: Colorado Updates & Resources

• CDPHE: Release Recommending CDC Guidance for Colorado

• Get up-to-date information from CDPHE here

• Follow #COVID19Colorado on social for regular updates from county agencies and school districts

• CDC: Resources for Large Community Events & Mass Gatherings

  • Current guidance “recommends that for the next 8 weeks, organizers (whether groups or individuals) cancel or postpone in-person events that consist of 50 people or more throughout the United States”

RELEASE: Joint Resolutions Approved To Temporarily Recess Legislative Session and Request a Court Opinion

Bill to allow local parties more flexibility during COVID-19 outbreak also passes

Denver, CO – In an effort to protect the health and safety of all Coloradans, the Senate passed HB20-1359 as well as two joint resolutions today in response to Colorado's COVID-19 outbreak. 

With the passage of HB-1359, county assemblies will be able to extend various deadlines related to ballot access requirements as well as amend their bylaws as needed to accommodate remote participation in assemblies, conventions, and vacancy committees. In this way, delegates to assemblies may participate remotely if allowed by the party, and parties may reduce or waive any quorum requirements to allow assemblies to proceed. These modifications are repealed effective December 31, 2020.

"In order to combat the spread of COVID-19, it is crucial that we limit large gatherings, especially those involving vulnerable populations," said Majority Leader Fenberg (D-Boulder). "Currently, some of our essential democratic processes require in-person voting and therefore present a serious community-spread risk for participants. This bill will take public safety concerns into account while allowing important functions of our democracy to continue." 

Furthermore, in light of increased community spread of COVID-19, the General Assembly has approved bipartisan joint resolution HJR-1007 to recess the legislative session until March 30, 2020. 

“Today we made an important bipartisan decision to protect the health & safety of state employees and the community at large,” said Senate President Leroy Garcia (D-Pueblo). “I am proud that we were able to come together and rise to the occasion in solidarity. This is an unprecedented time in recent history and the decision to recess our session is not one we take lightly. But participation in the process is foundational to our democracy and we will not do the people’s work without their critical input.”

Due to the viral transmission of COVID-19, limiting public access to the Capitol remains in the best interest of public health and limiting the spread of the virus. Our senators value and rely on significant citizen input, and have chosen to recess until it is safe for the public to participate in our democratic process. 

In light of capitol closures, the General Assembly is also seeking the opinion of the Colorado Supreme Court regarding the number of legislative session days outlined in the state's constitution. 

Current Joint Rules of the General Assembly deem the length of session to be 120 consecutive calendar days. However, the Colorado Constitution only stipulates a maximum of 120 calendar days. Therefore, clarification is needed regarding session length in the event that the Governor declares a state of emergency due to a public health crisis. HJR-1006 requests an opinion from the Colorado Supreme Court on the following question:

Does the provision of article V, section 7 of the Colorado Constitution that limits the length of the regular legislative session to "120 calendar days" require that those days be counted consecutively and continuously beginning with the first day on which the regular legislative session convenes, or may the General Assembly for purposes of operating during a declared disaster emergency interpret the limitation as applying only to calendar days on which the Senate or the House of Representatives, or both, convene in regular legislative session?

The General Assembly will now await clarification from the Colorado Supreme Court to determine if Joint Rule 44, which allows session days to be counted as separate working calendar days in the advent of a state emergency, is indeed constitutional.

# # #

About the Colorado Senate Democrats
The 19-member Senate Democratic Caucus for the 2020 legislative session includes Senators Leroy Garcia, Kerry Donovan, Pete Lee, Tammy Story, Julie Gonzales, Stephen Fenberg, Rachel Zenzinger, Jessie Danielson, Dominick Moreno, Brittany Pettersen, Jeff Bridges, Faith Winter, Nancy Todd, Joann Ginal, Mike Foote, Angela Williams, Rhonda Fields, Chris Hansen and Robert Rodriguez.

RELEASE: Legislative Leadership Announces “Plan of Action” In Response to COVID-19

DENVER – On Thursday afternoon, leadership of all four legislative caucuses in the Colorado General Assembly agreed on the following “Plan of Action” over the coming days in response to the COVID-19 (Coronavirus) outbreak:

Step One: House Bill 20-1359 was introduced this afternoon and has passed the House Judiciary Committee and Second Reading in the House of Representatives. This bill will move swiftly through the General Assembly with the goal of being delivered to Governor Jared Polis by Saturday, March 14. This legislation, drafted with the leadership of all caucuses and with the support of both the Colorado Democratic Party and the Colorado Republican Party, will give county political parties more control regarding where their assemblies are to be conducted and what procedures they must follow. This includes allowing for changes in location and allowance of electronic means of participation for delegates and candidates if such means can be secured by those entities.

Step Two:  A Joint Resolution will be introduced in the House of Representatives to ask the Colorado Supreme Court – via an interrogatory – to clarify the General Assembly’s ability to count legislative days non-consecutively. The State Constitution limits the General Assembly’s session to “no more than 120 calendar days,” but does not clearly define whether that means consecutive days; and a Joint Rule provides for the ability to meet non-consecutively when a public health-related emergency has been declared by the Governor. Clarification from the Supreme Court would avoid the potential risk of litigation over ambiguity regarding the counting of those 120 days. 

Step Three: A Joint Resolution is currently being drafted that would allow both the Senate and the House to adjourn temporarily. As of now, there is no plan on when that Resolution would be introduced or for what period of time the General Assembly might be adjourned. This is being drafted as a precaution so that we are prepared in the event that the General Assembly decides it is in the best interest of staff, legislators, lobbyists, and the public at large to temporarily adjourn for some length of time.

Senate President Leroy Garcia (D-Pueblo) released the following statement:

“Protecting the health and safety of state employees as well as the public, is our top priority right now. We are currently navigating all of our options and will continue to do our due diligence in determining how to proceed in the coming weeks. By taking these next steps, we are laying the groundwork to act quickly if necessary, while allowing essential tenets of democracy to continue. In moments like this, Coloradans need unity, and I applaud my colleagues in both chambers in working together during this difficult time.”

Speaker of the House K.C. Becker (D-Boulder) released the following statement:

“The health and safety of all Coloradans is our top priority. We are closely monitoring the spread of COVID-19 and are in close contact with state agencies, public health experts and the governor. Any decision we make will be informed by public health experts and our State’s Constitution. Today we are taking steps to prepare the General Assembly for actions we may need to take to protect the public, and I am grateful for the willingness of leaders in both parties and in both chambers to work together during this public health emergency.”

Senate Minority Leader Chris Holbert (R-Douglas County) released the following statement:

“Unlike a sports league, an amusement park, or a parade, the General Assembly is obligated to follow the Colorado Constitution. We are determined to prioritize the health and safety of all who work in – or visit – the Colorado State Capitol, and that means taking these steps to ensure we remain constitutionally compliant in every action we take. I am thankful for Democrat and Republican leadership in both chambers for working collaboratively. This is truly a Colorado effort.”

House Minority Leader Patrick Neville (R-Castle Rock) released the following statement:

“As a legislature, we need to ensure the safety of not only this body, but more importantly the public. The Capitol sees hundreds, sometimes thousands, of visitors a day and we have a duty to protect them. That being said, we, as legislators, are unable to perform our duties without public input. I cannot represent the people of Colorado if they are shut out of the building. If we go into recess, we have to make certain that no legislative business is done without the participation of the people. As many of my colleagues know, public testimony can make or break a bill.”

RELEASE: Fenberg Unveils Critical Air Quality Legislation

DENVER – Today Majority Leader Steve Fenberg introduced the “Clean Up Colorado’s Air Act,” a bill to improve Colorado’s air quality through the implementation of a sophisticated air monitoring network, better cooperation with the science community, and increased resources for enforcement and response to toxin-related public health concerns.

“Colorado’s air quality division is woefully under-resourced and hasn’t kept up with the severity of Colorado’s air quality problem,” said Majority Leader Steve Fenberg. “SB-204 will ensure CDPHE is using state-of-the-art technology and collaborating with atmospheric & public health experts to reduce air pollution from oil and gas development and other sources of emissions in Colorado.”

The EPA recently reclassified the air quality in Denver and eight other northern Colorado counties from “moderate” to “serious” nonattainment in late 2019, and EPA data from 2018 has shown metro Denver’s air quality to place in the bottom 10 ranking when compared with other large U.S. cities. Studies also found that 3 million residents in the Denver-Aurora-Lakewood area endure bad air conditions for 35% of the year.

"Coloradans are breathing in bad air and we need access to the best research and science to be able to take aggressive action,” Senator Fenberg continued. “This bill will enhance the state’s ability to collaborate with the experts as well as better address Colorado’s poor air quality and the public health issues associated with it.”

The “Clean Up Colorado’s Air Act” does the following:

• Establishes a new fee on pollution sources such as oil and gas operators that is dedicated to funding advanced research and science related to air quality in Colorado. The research will be directed and administered by a new board that includes atmospheric scientists and public health experts.

• Increases existing permit fees on stationary emitting sources and dedicates the additional funds to cover increased enforcement and inspections, better air monitoring, additional air toxicologists at CDPHE, as well as improved toxin detection through the use of “sniffer vans” and other technologies.

• Prioritizes the use of aerial surveys and the installation of a real-time air monitoring network in order to more accurately measure and study concentrations and trends of volatile organic compounds, ground-level ozone, methane, and particulates in Colorado’s air.

• Deploys more resources to find and fix leaks and to more quickly respond to health risks associated with air toxin exposure. 

The bill will now be heard in the Senate Transportation & Energy Committee. Read more here.

RELEASE: Winter Bill to End Retroactive Fees on Pharmacies Heads to Governor

DENVER, CO - A bipartisan bill aiming to lower prescription drug costs and support rural pharmacies, passed the Senate today. HB20-1078, sponsored by Senator Faith Winter, creates requirements for the rates paid by pharmacy benefit managers (PBM) to pharmacies.

"Coloradans are struggling to access affordable prescription drugs,” said Senator Faith Winter (D-Westminster). “Our small and rural pharmacies need to be able to serve their communities and provide essential medications without going bankrupt as well. This bill serves as a strong step towards ensuring prescription drug costs are lowered for Coloradans everywhere.

In the last 15 years, 16% of independently-owned rural pharmacies have closed, and hundreds of rural communities went from having one or more to having none. Retroactive billing negatively impacts rural pharmacies, who have less financial capacity to absorb losses on drug costs and have to raise prices — ultimately forcing consumers to bear the burden of these crippling costs.

HB20-1078 requires that all middle management companies, known as PBMs, reimburse for clean claims and reasonable dispensing fees. The bill would prohibit all PBMs from allowing retroactive fees, including for performance or value-based contracts, which increase the cost of prescription drugs for Coloradans and pharmacies. Finally, this bill would allow for any ‘unclean claims’ to be audited and recovered. 

Similar legislation has been passed in 18 other states so far.

Through HB20-1078, Colorado has the opportunity to ensure that rural pharmacies are able to sustainably provide prescriptions for the medications that Coloradans need the most. 

HB20-1078 now moves to the Governor's desk for final approval. For more information about this bill, please click here.

RELEASE: Sen. Fields Works To Improve The Health & Well-being Of Coloradans

Denver, CO – Today the Senate Health & Human Services and Judiciary committees passed two critical bills that would expand insurance coverage as well as parental rights when it comes to mental health exams.

As our state grapples with increased rates of suicides and overdoses, it is imperative to increase access to preventive care. They can help identify potential mental health issues early on, allowing individuals to receive services and supports to address their needs before an issue becomes a crisis.

HB-1086: Insurance Coverage Mental Health Wellness Exam
This bill mandates — without any deductibles, copayments, or coinsurance — coverage for an annual mental health wellness examination that may include behavioral health screenings, education and resources for healthy lifestyle changes, and referrals to ongoing care.

HB-1270: One Parent Consent For Behavioral Health Services
Under current state law, both parents must consent to services by physician and mental health providers for a child. This bill changes the requirement to consent of only one parent, as it relates to treatment for a child's behavioral health disorder. This bill protects court-ordered joint parent agreements regarding the behavioral health decisions.

“There is an urgent need to protect and support Colorado’s children during this growing mental health crisis," said Sen. Rhonda Fields (D-Aurora.) "These bills help address this problem among our youth by increasing access and ability to receive care.”

HB-1086 now moves to Senate Appropriations, and SB-1270 heads to the committee of the whole.

RELEASE: Bill to give Military Members In-State Community College Tuition Approved

DENVER, CO - A bipartisan bill aiming to save service members and their families money by reducing education costs, passed the Senate Education Committee today. HB20-1275, sponsored by Senator Pete Lee, allows active members of the United States military, veterans, and their families to receive in-state tuition for Colorado community colleges regardless if they reside in Colorado. 

“Our servicemen and women deserve to obtain a quality education no matter where in the world their job takes them,” said Senator Pete Lee (D-Colorado Springs). This bill is about investing in those who invest in our safety and freedom every day.”

Most military members and their families move every two to three years, with some families moving even more frequently than that. Ultimately, this leads to difficulties in fulfilling residency requirements. By allowing military members and their families to attend Colorado community colleges at an in-state tuition rate without requiring them to achieve permanent residency standards, military members will no longer need to jump through bureaucratic hoops in order to receive an education.    

HB20-1275 permits active members of the United States armed forces, veterans, or one of their dependents, eligibility for in-state tuition at any Colorado community college whether or not they officially fulfill Colorado residency status. Our servicemen and women, veterans, and family members have sacrificed so much for us, and this is a way we can support them in their dreams. 

The bill will now be heard in the committee of the whole. For more information about HB20-1275, please click here. 

RELEASE: Gonzales Bill to Improve School Safety Moves Forward

DENVER, CO - A bill aiming to improve school safety and protect Colorado students passed the Senate today. SB20-023, sponsored by Senator Julie Gonzales, creates a multi-agency working group to address school safety standards and ensure Colorado children are able to learn in a safe environment every day. 

“When our kids wake up and go to school, there is only one thing that they should be focused on - learning,” said Senator Julie Gonzales (D- Denver). “Our kids shouldn’t have to worry if they’re safe when they go to class or be constantly looking over their shoulders in fear. Our children deserve a learning environment that helps them feel protected, and by giving experts the platform they need to ensure that our schools are safe, we’ll be one step closer towards making that happen.”
In 2018, Colorado was ranked 10th in the nation for school threats. So in the wake of recent shootings, including Colorado STEM School where student Kendrick Castillo lost his life protecting his fellow classmates, children and their families fear the vulnerability of their classrooms. 

SB20-023 works to address school safety by creating the Colorado interagency working group on school safety. This group would consist of 14 voting members and 4 legislative members tasked with evaluating the effectiveness of lockdown drills, identifying safety best practices, providing school risk assessments and training, creating minimum school safety standards, and reporting data concerning these topics on a monthly basis.   

Colorado children deserve to feel safe at school. This bill serves as a tangible way to improve school safety in Colorado for years to come. 

For more information about SB20-023, please click here. 

Zenzinger Bills to Honor Women Vets and Increase Government Accessibility Advance

DENVER - Senator Rachel Zenzinger made important strides today on three critical pieces of legislation. Two of her bipartisan bills passed out of the Senate Business, Labor, & Technology Committee, while one sailed through the Senate on consent calendar. 

SB20-178, Woman Veteran Disability License Plate, addresses the lapse in representation for those who are Disabled Women Veterans, where there are no regular or handicapped plates available. As of now, there are regular and handicapped plates for Veterans, Disabled Veterans, and Women Veterans. This bill passed the Senate on Thirds 32-3 and will now be sent to the House. 

“All of Colorado’s women veterans should be recognized for the sacrifices they have made for our country,” said Senator Zenzinger. “This bill gives them the visibility they deserve.”

HB20-1039, Transparent State Web Portal Search Results, establishes a task force to study and outline a plan for a centralized and mobile-optimized website for all agency rulemaking that is easily navigable and searchable for the average citizen and business owner. This bill aims to increase transparency and accessibility in government. 

HB20-1165, Interior Design Practice, removes confusing and contradictory language in the Architect's Practice Act governing the regulation of the interior design profession. Additionally, the bill updates the statutory language regarding education requirements for the profession.

"I'm proud to be working on these important bills to increase government transparency and streamline the law in industry professions," said Sen. Zenzinger. "With each new mile marker, we get one step closer to a state system that is efficient, equitable, and that works for everyone." 

HB20-1165 & HB20-1039 will now both head to the Senate floor for consideration.

Boost To Backcountry Search & Rescue Passes Senate

Denver, CO – Today the Senate advanced legislation to increase resources and capacity for our backcountry search and rescue teams with the passage of SB-130. The bill now heads to the House.

Colorado averages an estimated 3,600 search and rescue incidents per year, but a growing population and recreation industry has meant an increased need for search and rescue teams. The program relies on grants and donations to operate, and about 70% of funding came from hunting and fishing licenses last year. More than 2,800 unpaid volunteers give half a million hours every year to the state program.

"If we want to support the outdoor recreation activities that so many love in our great state, it comes with ensuring the safety of both residents and guests in Colorado," said Sen. Kerry Donovan (D-Vail). "This bill helps our search and rescue system respond to growing strains on capacity by exploring recommendations for funding and volunteer retention."

The bill will commission a study to make recommendations on funding sources and to identify: necessary equipment replacements and maintenance, workers’ compensation or other benefits for individuals injured during rescue (including volunteers), retirement benefits, and compensation and reimbursement of expenses for volunteers.

Read more about the bill here.

Bill To Replace Columbus Day Passes Senate

DENVER, CO - A bill that aims to abolish Columbus Day and replace it with a new state holiday recognizing Italian-American humanitarian, Frances Xavier Cabrini, passed the Senate today. The bill was passed with a vote of 19-15.

“Colorado has an opportunity to replace a holiday that is extremely painful for indigenous communities with a celebration of an Italian-American woman who has made an impact serving children in Colorado and beyond,” said Sen. Angela Williams (D-Denver). “I’m proud that we took another step towards honoring indigenous voices and ending the cruel, yearly reminder of their painful past.” 

Indigenous people suffered a great deal following the arrival of Columbus, and his actions have caused pain that has lasted centuries. For descendants of native populations, Columbus Day serves as a dark reminder of the violent past their ancestors endured.

“With this bill, we are not only ending our tribute to a painful part of history but also establishing the first state holiday in Colorado to honor a woman– a woman who worked selflessly to serve disadvantaged and vulnerable communities throughout Colorado,” said Sen Chris Hansen (D-Denver). "Frances Cabrini represents the best of us and her memory stands as a shining example of true compassion and kindness." 

HB20-1031 would abolish Columbus Day and officially establish Cabrini Day as a paid state holiday on the first Monday in October.

Mother Cabrini is a Colorado Humanitarian who founded 67 education, health, and spiritual institutions to serve the poor across the country. Cabrini also worked diligently to support vulnerable communities here in Colorado, including establishing The Queen of Heaven Orphanage for Girls in Denver and a summer camp for orphans in Golden. Her legacy is a shining example of service and commitment to the community that warrants a day of commemoration across the state.

The bill now heads to the Governor for final approval. For more information about HB20-1031, please click here.

Bill To Create Scholarship For Rural Peace Officer Training Moves Forward

DENVER, CO - Senator Bridges’ bill to support rural law enforcement training programs passed through the Senate Judiciary Committee today. HB20-1229 aims to create a scholarship fund for small, rural agencies in order to help cover tuition costs for law enforcement training academy. 

“Our police officers and sheriffs deserve to get the training they need in order to best serve our communities. But right now there are too many small-town programs that are struggling,” said Sen. Jeff Bridges. “No matter their zip code, those who are dedicating their lives to protecting our safety need to be invested in.”

Rural law enforcement agencies with limited resources are struggling to financially support law enforcement recruits with the tuition costs necessary for officer training. With rural budgets already stretched thin, this bill gives the opportunity for peace officer candidates to attend basic law enforcement training academy with financial support, and support their rural communities thereafter.

Under HB20-1229, the Peace Officers Standards and Training Board (P.O.S.T) would be authorized to create and oversee a scholarship fund for small and rural agencies to help law enforcement recruits with the cost of training. This much-needed assistance. 

For more information about HB20-1229, please click here. 

Governor Polis Announces Additional Information on COVID-19

Denver, CO – In light of additional confirmed cases of COVID-19, Governor Jared Polis announced a state of emergency for Colorado this morning. This executive action will guide response and release funds to bolster efforts to contain these cases and ensure the health and safety of Coloradans. 

“As a practicing paramedic, the concerns surrounding the potential risk presented by COVID-19 are ones that I do not take lightly,” said Senate President Leroy Garcia (D-Pueblo). “As we continue to monitor the situation closely, Coloradans should keep with their normal daily routines, taking extra precautions to protect their health, including regular hand washing, avoiding close contact and face-touching, using at least 60% alcohol-based hand sanitizer and most importantly staying home if sick."

Senate President Leroy Garcia serves as vice-chair of both the Executive and Legislative Emergency Preparedness, Response and Recovery Committees, which help deploy the Continuity Of Operations Protocol and relevant procedures in emergencies.

“I can assure our legislative body that much like the governor, we will have an effective plan in place if and when implementation is necessary. I urge legislative staff to work with their supervisors on a plan to stay home if they are feeling sick," said President Garcia. "We are currently reviewing all emergency preparedness protocols, and the legislative emergency preparedness committee will meet tomorrow morning to ensure that these plans are effectively protecting Coloradans.”

For additional daily updates, visit: www.coemergency.com

Bill to Strengthen State Workers' Rights Passes Committee

HB 20-1153 gives state employees right to collectively bargain

Denver, CO – Today the Senate State Veterans & Military Affairs passed HB20-1153 to strengthen state workers' rights! The bill gives state employees a voice and codifies the right to collectively bargain.

"Though their work often goes unnoticed, our state employees consistently ensure the well-being of our veterans and families," said Senate President Leroy Garcia. "Colorado state workers should feel the same support and stability they provide us every day."

Right now, 1 in 5 Colorado state jobs remain unfilled, forcing state employees to work multiple jobs and unconventional hours, stripping them of valuable time with their families. This has led to deficits and costly turnover as state agencies and crucial services need to compete with the private sector to retain good employees and ensure their voices are heard. 

“This bill is about improving state services and jobs for Colorado families. The people who serve the citizens of Colorado do critical work every day to keep us safe, clear our roads and provide us care," said Sen. Brittany Pettersen. "In order to combat high turnover rates and fill these needed positions, we have to be able to compete with the private sector. That starts by ensuring state workers feel valued — by having a collective voice and a seat at the table.”

The bill now moves to Senate Appropriations. Read more: https://leg.colorado.gov/bills/HB20-1153

Colorado Secure Savings Program Unveiled

Increase Savings, Boost Independence, & Support Small Business

Denver, CO – Today Senators Brittany Pettersen and Kerry Donovan introduced their bill to tackle Colorado's growing retirement savings crisis. SB20-200 would make it easier for every hardworking Coloradan to automatically invest in their future and take their retirement savings with them when they change jobs, or if they work multiple jobs.  

"We are proud to announce that we will be introducing a bill this week that enables the Colorado Secure Savings board to move forward with implementing a Colorado facilitated automatic retirement savings plan. The plan will make sure that Coloradans have access to a retirement savings plan at work where they can save automatically each month - a key to boosting individual retirement savings over time," said Sen. Kerry Donovan.

Currently, nearly half of Coloradans in the private sector aged 25 to 64 don’t have retirement plans at work.  Even among those families who are nearing retirement, 4 out of 10 have no retirement assets. This lack of savings puts millions of people and our economy at risk. And with some 10,000 baby boomers turning 65, every day in the US, a generation is reaching retirement in worse financial shape than the previous generation for the first time since Harry Truman.

"As a millennial who has worked in a variety of jobs in my career, I know first hand how difficult it can be to try to save for retirement. Many jobs don’t offer a plan and unless you are paying into a retirement account automatically through your employer’s, it can be near impossible to consistently put money away," said Sen. Brittany Pettersen. "The economy is changing, gone are the days where most workers have a pension. Young workers today are more likely to move between jobs instead of staying with one company for their career. Our benefits system must evolve with it, because right now, too many Coloradans don’t have the ability to save for retirement through their jobs."   

According to the AARP Public Policy Institute, if a person has a retirement savings contribution automatically deducted from their paycheck, they are 15 times more likely to save for your retirement. So in February 2020, the Colorado Secure Savings Plan Board unanimously recommended Colorado create a state-facilitated, automatic retirement savings program for all Coloradans without access to workplace plans. Based on their detailed analysis, the program will be based on thorough market and financial analyses and managed by a financial services company.

How the Secure Savings Program Works 

• Creates a state-facilitated program managed by private firms, solicited through a competitive bidding process. 

• Gives workers the ability to invest through pooled, professionally managed accounts with low fees. 

• Enables workers to save a portion of their wages through automatic payroll deductions, increasing or decreasing the amount as they prefer or opting out entirely. 

• Allows workers to move from job to job or work multiple jobs and contribute to the same account. 

• Enables small businesses to provide employees access to a retirement savings program at a low cost. 

• Applies to businesses with five or more employees that have been in business for two or more years and do not currently offer retirement savings plans. 

• Shields the state and employers from financial obligation or liability. 

• Coloradans who are contractors or are self-employed can easily invest in their future. 

• Has no impact on Social Security eligibility.

The bill will now be heard in the Senate Finance Committee. To learn more click here. 

Consumer & Employee Dispute Resolution Fairness Act Passes Senate!

Denver, CO – Today the Senate took an important step toward increasing transparency for Colorado consumers and employees with the passage of SB-093!

“Forced arbitration clauses dominate so many goods and services, and they often tip the scales in favor of corporations," said Sen. Mike Foote. "These clauses can really do a disservice to consumers and employees, and this bill simply aims to make the process more fair and transparent for Coloradans.”

In the last 20 years, the number of workers in arbitration clauses has more than doubled. After Wells Fargo manipulated consumers with fake accounts, forced arbitration clauses prevented over 64,000 Coloradans from seeking justice in a class action suit. Millions of workers and consumers are forced into these clauses with little ability to defend themselves against corporations with endless resources.

"Coloradans deserve a fair process in arbitration disputes, but they haven’t been receiving one: Banks and lenders use forced arbitration clauses in loans issued to the more than 48,000 active-duty service members, reservists, and veterans in Colorado. The Consumer Financial Protection Bureau also found that 85% of private student loans studied were subject to these unfair terms," said Majority Leader Steve Fenberg. "It is time that Colorado reformed forced arbitration. With Senate Bill 93 passing the Senate, we are one step closer to ensuring all Coloradans receive a transparent and fair process during these proceedings."

The Consumer And Employee Dispute Resolution Fairness Act addresses the need for ethics, fairness and transparency in arbitration and other agreements so everyday consumers and employees have an equal opportunity for justice.
SB-093 would:

• Establish ethics and conflicts of interest standards for arbitrators similar to those followed by judges and others in the legal profession to prevent bias and discrimination

• Create basic public transparency requirements for arbitrators so consumers, employees and the public are able to identify bad behavior and prevent corporate concealment

• Addresses unenforceable terms that discourage people from bringing their claim forward, such as forcing out-of-state arbitration and waiving rights under other areas of law

The bill now heads to the House. Read more here: https://leg.colorado.gov/bills/sb20-093

Diverse Educator Workforce Passes Committee

HB20-1007 aims to identify barriers to increasing diversity in classrooms

Denver, CO – Today the Senate Education committee passed HB20-1007 to increase diversity in our K-12 classrooms. The bill would create a working group to investigate barriers to preparation, retention, and recruitment of diverse educators, and consider strategies to increase representation in Colorado classrooms.

“It’s critical that our diverse population of students see themselves reflected in their educators," said Sen. Rhonda Fields. "I’m proud to sponsor this bill to identify barriers to success as well as ways we can ensure better representation in our classrooms.”

In 2019, 67% of Colorado's teachers identified as white women, a number that hardly reflects the diverse makeup of our state's students. Only 46% of elementary school teaching candidates pass the licensing test on the first try. But when these statistics are broken down by race — only 38% of black teaching candidates and 54% of Hispanic candidates pass the licensing test, compared with 75% of white teaching candidates. This bill aims to identify barriers to licensing in order to prepare and recruit diverse teaching candidates.

The bill now heads to Senate Appropriations. Read more here.