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 Education & Resources

POLICY UPDATES AND EDUCATIONAL ARTICLES TO HELP ORGANIZATIONS THRIVE

Colorado Legislative Strategies Updates - January 14th, 2022

1/14/2022

 
Picture
​COLORADO LEGISLATIVE STRATEGIES NEWSLETTER
 
January 14, 2022
​Introduction
 
Welcome to another legislative session! Wednesday, January 12 officially kicked off the Second Regular Session of the 73rd General Assembly. Assuming there are no pandemic related breaks for the legislature this year or any other shenanigans with the calendar during the declared disaster, the 120-day legislative clock will run out of time on May 11. 
Three days down and just 117 days to go… (not that anyone is counting)
 
The Colorado Legislative Strategies team will send out a weekly newsletter to keep you up to date on all of the action and rumors under the gold dome. Look out for the CLS Newsletter every Friday, or possibly Saturday later in the session when the General Assembly works late into the night on Friday. Let us know if you ever need any additional information about anything you read in the newsletter.
 
Now let’s dive into the news from the first week of the session. First, we’ll break down Governor Polis’ State of the State and opening day speeches from legislative leaders. Then we’ll look at more specific legislative priorities/proposals from both parties. We’ll also update you on membership changes, health and safety protocols, and witness testimony options. Finally, we’ll go over what to expect at the Capitol next week. 
 
State of the State and Opening Day Speeches
 
Get ready to hear a lot about affordability, education, and public safety. Both parties appear to be aligned on what the top priorities are but that doesn’t necessarily mean that they will agree on how to address those priorities this session.
 
Governor Polis
In his fourth State of the State, Governor Polis was as goofy as ever and inexplicably decided to sing at multiple points in the speech. Jared Polis is a lot of things but a good singer is certainly not one of them. It started with Paul Simon and ended with Taylor Swift, yep it was that weird.
 
The Governor began with a moment of silence for Coloradans who have lost their lives to COVID, violence, and the recent fires. After the somber start, Governor Polis gave shoutouts to many in attendance, including educators, law enforcement, and Walker Stapleton. No, that last one isn’t a typo; Governor Polis recently appointed his former Republican opponent to the Economic Development Commission. In this election year, the Governor is definitely trying to appeal to unaffiliated voters.
 
Which brings us back to Paul Simon. Governor Polis has always had a penchant for liking tax cuts (I mean what really rich person doesn’t) but Polis is taking that rhetoric to a place many other Democrats simply don’t want to be. In a riff off the popular Paul Simon song about 50 ways, Governor Polis changed the lyrics, “You just slip out the back, Jack; Make a new plan, Stan; You don’t need to be coy; Roy. Just get yourself free” to “Just cut the tax, Max; Lower the rate, Nate; You don’t need to pay more, Thor; Just send your kids for free (to preschool and kindergarten).” The delivery was cringe but the message is clear, in an election year Governor Polis is going to be elevating his rhetoric on tax cuts, fee cuts, and saving people money.
 
Saving people money, which is Governor Polis’ version of the affordability prong that everyone includes in their top priorities, is clearly the most important priority for the Governor this year. While health care and education have previously alternated at the top in the Governor’s mind, it’s all about affordability now. Which makes sense in an election year that is also seeing the highest inflation in a generation.
 
To understand just how far the economic realities have shifted the ground underneath the Democrats, look no further than Governor Polis’ calls to lower fees. The Governor is quite literally proposing to delay implementation of new fees – new fees that he just signed into law last session!
 
It wouldn’t be a State of the State without ticking through a laundry list of other issues: transportation, affordable housing, mental and behavioral health, workforce, public safety, climate, and water. Governor Polis also touched on all of those issues in a nearly 50-minute speech.
 
Finally, it wouldn’t be a State of the State delivered from Jared Polis without also including a sci-fi reference in some way, this year it was “live long and prosper.” Somehow he even worked Casa Bonita and South Park into the speech as well. And then there was the Taylor Swift song... Although many people will want Governor Polis to lose his day job in the upcoming election, it’s clear that Governor Polis shouldn’t quit his day job for a career in music.
 
President Garcia
This was the last opening day speech from Senate President Leroy Garcia as he is term-limited and will not be returning to the legislature next year. President Garcia began by congratulating Senator Jessie Danielson on giving birth to a new baby recently. 
 
President Garcia then rattled off many of the accomplishments that Democrats have recently passed, mentioning improving schools, expanding access to childcare, investing in rural communities, and developing the state’s workforce. He also touched on changes to sentencing laws and saving Coloradans money on their healthcare bills.
 
Like always, it was declared that this will be the most consequential session in history. President Garcia spoke about the opportunity to spend billions in federal stimulus and referenced the work of the task forces that met over the summer and fall to put together recommendations.
 
Overall, the Senate President’s speech was fairly light on specifics but touched on those three things that you’ll hear a lot: affordability, education, and public safety.
 
Speaker Garnett
Like President Garcia, Speaker of the House Alec Garnett is also term-limited and delivered his final opening day speech. While it was the fourth such speech for President Garcia, it was the second opening day speech for Speaker Garnett.
 
Of the three top priorities, Speaker Garnett focused on public safety. Many think that Speaker Garnett is eyeing a run for Denver Mayor in 2023 and that focus may give a clue to where he sees himself best positioned in that race.
 
Speaker Garnett also spoke extensively about bringing down the cost of living and making life more affordable for families in the state. Garnett said, “As your speaker, this will be the lens through which I will evaluate legislation: will this bill make life in Colorado more affordable or more expensive? How will this proposal improve life for everyday families struggling to make ends meet?” he said, adding he is confident that, with these questions serving as the legislature’s “north star, I’m confident we can move Colorado forward.”
 
Finally, in a nod to raucousness in the House of late, Speaker Garnett urged his colleagues to remain civil even in the face of profound ideological differences.
 
Minority Leaders Holbert and McKean
After three separate sections for the top Democrats, the two top Republicans are combined into one section for what they said in their opening day speeches, which speaks to the relative power that Republicans currently hold in state government. Republicans have a 20-15 deficit in the Senate and a 41-24 deficit in the House, and despite all of Governor Polis’ talk about love for tax cuts he’s certainly far from being a Republican. In the end the minority party will do what the minority party does, make its voice heard and mostly get steamrolled.
 
However, this is an election year immediately following redistricting that is very likely to have strong national headwinds for Democrats so there is certainly an opening for the Republicans. It’s already evident in some of the Democrats topline messaging about cutting taxes and fees. When the Democrats officially rolled out their agenda for this session, Republican leaders said the Democrats had largely copied their plan released in August.
 
Senate Minority Leader Chris Holbert, in his final opening day speech as he is also term-limited, blamed many of the problems facing Colorado on one-party control of state government. House Minority Leader Hugh McKean, who is the only legislative leader not term-limited, likewise argued that the Democrat-controlled legislature and Governor Polis have made the problems worse.
 
As for their priorities, it sounds like a broken record now but of course it’s affordability, education, and public safety. The Republicans initially rolled out their Commitment to Colorado in August and are now unveiling a package of 44 bills they intend to push this session. It will be interesting to see whether they are able to garner Democratic support and actually pass or whether they will simply be messaging bills heading into the election season.
 
Full text of speeches:
  • Governor Polis
  • President Garcia
  • Speaker Garnett
  • Minority Leader Holbert
  • Minority Leader McKean
 
Legislative Priorities
 
Speeches and lofty rhetoric are one thing but the rubber really hits the road with exactly what bills each side proposes. Because the Democrats control the introduction of bills in each chamber, it’s often illustrative of their top legislative priorities which bills are introduced first and get the lowest bill numbers. For the Republicans who don’t have that power, they have decided to cobble together a package of bills they are calling the Commitment to Colorado.
 
Here’s a brief reminder on how bills get introduced. Each member of the General Assembly is entitled to running five bills. Assuming they meet all of the deadlines, there is nothing leadership can do to stop those bills from being introduced and heard in committee. Beyond those five bills or after a missed deadline, every bill needs the blessing of leadership to be introduced. 
 
Keep in mind those things you keep hearing about: affordability, education, and public safety. 
 
First Senate Bills from Democrats
  • Crime Prevention Through Safer Streets
  • Resources For Volunteer Firefighters
  • Community College Nursing Bachelor Degree Eligibility
  • Evidence-based Training In Science Of Reading
  • Law Enforcement Agency Peace Officer Services
  • Sales Tax Assistance For Small Bus
  • Increase Wildfire Risk Mitigation Outreach Efforts
  • Higher Education Support For Foster Youth
  • Recertification And Theft Of Catalytic Converters
  • Pretrial Diversion For Person With Behavioral Health
 
First House Bills from Democrats
  • Reduce Fees For Bus Filings
  • Fifth Year High School Concurrent Enrollment
  • Youth Delinquency Prevention And Intervention Grants
  • Driver License Fee Reduction
  • Health-care Preceptors Tax Credit
  • Child Care Center Property Tax Exemption
  • Assistance Landowner Wildfire Mitigation
  • Implementation Of Fertility Coverage
  • Continue Workforce Diploma Pilot Program
  • Early Childhood Educator Income Tax Credit
 
Commitment to Colorado from Republicans 
  • Tax Exemption for All Food
  • Income Tax Deduction on Rent Paid & Keep Rental Property Owners Whole
  • Ratchet Down Mechanism for Income Tax Rate
  • Property Ownership Fairness Act
  • Incentivize Home Use for Renters
  • Repeal of SB21-260 (transportation funding)
  • Federal Money for Unemployment Insurance
  • Expand Senior & Veteran Property Tax Exemptions
  • Vehicle Registrations
  • Hospital Provider Fee Transparency
  • Modify Calculation of Federal Taxable Income for State Income Tax Purposes
  • Rebate Equivalent to the Value of ARPA Funds
  • Reduce State Income Tax Rate
  • Consumer Right to Use any Energy Source
  • S.M.A.R.T. Policing
  • Safe Neighborhoods Grant Program
  • Infection Control Programs in Long-term Care Facilities
  • Pretrial Release for Repeat and Violent Offenders
  • Proactive Policing
  • Elimination of Budget Stabilization Factor & Scholarship Program
 
Note all Republican priority bills are still awaiting introduction so there is no link to the bill page provided. More information on each Republican proposal can be found HERE.
 
Membership Changes & Running for Congress
 
The perennial game of musical chairs with legislative seats has been subdued so far this year. It’s common for legislators to resign during their term and set up a vacancy selection process. So far, there has been only one resignation and new member selection. Emphasis on so far…
 
Representative Dominique Jackson from Aurora was recently appointed as a regional administrator for the Housing and Urban Development Department in the Biden Administration. Congratulations to Dominique on being selected for that role!
 
The vacancy committee met at the beginning of this week and selected Mandy Lindsay to fulfill the rest of the term. Lindsay is Jackson’s former legislative aide and was the Chairperson for the House District within the party apparatus. There were several candidates vying for the vacancy nomination and Lindsay won on the second ballot. Several of the candidates who were not selected have indicated they will run in the Democratic primary race for the district. 
 
There are several members of the General Assembly who are running for Congress in the next election, which could generate more resignations and vacancy appointments in the future. The big news from this week is the retirement of Ed Perlmutter in the 7th Congressional District. State Senator Brittany Pettersen was quick to jump in the race and is the early favorite to succeed Perlmutter. So far, she is the only sitting legislator to get into the race but there are rumors there are others considering a run. Stay tuned for more news on that front. 
 
In addition to all of the action in the 7th. Representative Yadira Caraveo is running for the Democratic nomination in the 8th, and Senator Barbara Kirkmeyer is running for the Republican nomination for the same district. The general election in the 8th has the potential to be one of the closest races in the county. 
 
Moreover, Representative Dave Williams is challenging Doug Lamborn for the Republican nomination in the 5th. Representative Don Valdez is running for the Democratic nomination in the 3rd, and Senator Don Coram is challenging Lauren Bobert for the Republican nomination in the same district. All of those dynamics will certainly keep things interesting! 
 
Health and Safety Protocols 
 
Even though we are in 2022 it sometimes feels like 2020 too. At the Capitol there is free testing for anyone located outside of the South entrance. All visitors to the Capitol must wear masks and are asked to social distance. For the most part, all Democratic legislators are masked and as you can imagine, many legislators on the other side of the aisle are not. The Senate lobby is currently open and the House lobby is closed to the public. The Capitol is also preventing groups from reserving space for Days at the Capitol. Other than that, it is business as usual.
 
Witness Testimony Options
 
Due to the ongoing pandemic, remote testimony is back! Just like last session, you have the option of testifying remotely (though zoom now in the House and still through webex in the Senate), submit written testimony (keep in mind those are publicly viewable), and of course you can always testify in person if you wish to do so. Click HERE to see a memo from Legislative Council Staff on public participation options with more information on each. 
 
Next Week
 
The General Assembly will be closed on Monday in observance of Martin Luther King Day. Tuesday through Friday will be filled with SMART Act hearings. The SMART Act stands for State Measurement for Accountable, Responsive, and Transparent Government. These hearings are opportunities for the various departments to come before joint committees that have oversight over them and present on recently passed legislation implementation and other ongoing programs. The Joint Budget Committee will also continue their work going through supplemental budget requests. Plus much more!

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