JOINT RELEASE: Colorado is Bouncing Back But Long-term Challenges Remain

DENVER, CO – Democratic members of the Joint Budget Committee today released the following statements after the Legislative Council staff and the Office of State Planning and Budgeting delivered the March economic forecasts, both of which project higher General Fund revenue compared to earlier estimates, but warn of likely budgeting challenges in years to come, as structural deficits remain and the potential for TABOR refunds re-emerge. 

“Today’s budget forecast is a breath of fresh air. After a year of discouraging news and depressed projections, we are finally seeing our state’s upward trajectory materialize,” said JBC Chair Dominick Moreno, D-Commerce City. “Thanks to the diligent efforts by this committee and an accelerated economic rebound, Colorado’s recovery is looking even more promising. At the same time, we must remember that these are one-time funds. Beyond the current fiscal year, long-term budget issues persist – making it imperative that we keep one eye on the horizon and prepare for other potential storms”

“I’m thrilled that today’s forecast shows our economy is recovering stronger than initially predicted last year and that our state and the federal stimulus efforts are starting to make a big difference for Coloradans,” said JBC Vice-Chair Julie McCluskie, D-Dillon. “While our state finances are looking up, too many people in our communities are still unemployed and struggling to pay for basic needs. This better-than-expected recovery of state revenues has created an opportunity to use the one-time dollars we have to further boost our economy and help Colorado build back stronger.”

"While this revenue forecast is certainly a relief, the economic situation continues to leave many low-income families behind," said JBC Member Senator Chris Hansen, D-Denver. "As we move forward, particularly with our state stimulus package, we must be diligent in prioritizing equity and inclusion as well as funding for essential programs that help the most vulnerable Coloradans recover and support robust job growth."

“While we know we’re not back to where we were pre-pandemic, today’s forecast is good news for Colorado and shows we’ll have significant one-time resources to boost our economy and help Coloradans get back to work,” said JBC Member Leslie Herod, D-Denver. “Federal and state stimulus efforts have kept the bottom from falling out of our economy, and as a result, we have one-time funds we can use to help Colorado recover even faster and build back stronger. I’m committed to working with the governor and my colleagues on both sides of the aisle to pass an innovative stimulus package and a balanced budget that will forge an inclusive recovery that helps those hit hardest by the pandemic.”

The Legislative Council staff (LCS) March forecast anticipates General Fund revenues to be $12.7 billion in FY 2020-21 and $13.8 billion in FY 2021-2022 – a $570.9 million and $665.4 million increase from the December revenue forecast respectively. These persistent improvements in the state’s economic outlook are due in large part to federal and state stimulus dollars, which have allowed Colorado to invest in struggling industries and insulate from the most severe potentialities. However, Colorado is still seeing inequitable recovery trends, marked by severe differences between industries and income levels. This means that while some sectors and households are bouncing back to pre-recession levels, others continue to struggle. 

The Office of State Planning and Budgeting (OSPB) anticipates that General Fund revenue will be $12.9 billion for FY 2020-21, which OSPB revised upward by $425 million relative to its December estimate. For FY 2021-22, OSPB projects General Fund revenue will be close to $13.9 billion, which OSPB revised upward by $390.6 million relative to its December estimate. OSPB predicts that revenue subject to TABOR will come in below the Referendum C cap in FY20-21 and FY21-22, but TABOR refunds are forecasted to potentially return in FY22-23.

Both LCS and OSPB also identified upside risks to the forecast driven by anticipated near-term, economic booms – increasing spending, employment, incomes, and tax revenue. However, downside risks to the estimate were also identified, including the possibility of inflation, financial market volatility, and interest rate hikes as the effects of federal and state stimulus funds fade. 

Senate Democrats Address Inequities in School Funding Formula, Bolster K-12 Education

Bill would fix long-standing property tax issues and strengthen Colorado schools in every community

DENVER, CO - This afternoon, the Senate Education Committee gave bipartisan approval for HB21-1164, a bill sponsored by Education Committee Chair, Senator Rachel Zenzinger and Majority Leader Steve Fenberg, with the goal of securing adequate funding for K-12 education.

“Education funding in our state has long been an issue, and has been complicated by the entanglement of numerous property tax provisions,” said Senator Rachel Zenzinger (D-Arvada). “This bill moves us significantly closer to resolving the structural inequity in Colorado’s property tax system that must be fixed to ensure our schools have the funding they desperately need.”

“All Colorado students and taxpayers deserve a fair share of our public education budget,” said Majority Leader Steve Fenberg (D-Boulder). “Funding our K-12 schools is no easy task, but it’s critical that we find equitable revenue solutions to make sure every student has access to the quality of education they deserve.”

In Colorado, K-12 education funding is largely dictated by the School Finance Act, which in 1988 set a uniform school district mill levy -- a property tax applied based on the assessed value of the property -- so that theoretically, each resident would contribute the same proportion of local property taxes to school funding. 

However, the Taxpayer’s Bill of Rights imposes a cap on school district tax revenue. So between 1994 and 2002, voters in 174 of 178 school districts in Colorado chose to permanently waive TABOR’s revenue limitations (“De-Bruce”) in order to fill in the gaps caused by its arbitrary restrictions on public school funding. Despite those votes, the Colorado Dept. of Education continued to require school districts to reduce their tax rates (total program mill levy) to remain under TABOR’s revenue limits – even though they were legally no longer subject to those limits. There is strong reason to believe that these forced reductions were illegitimate and the source of serious structural inequity.

Due to this error, some property owners pay tax rates that are 16 times higher than that of taxpayers in neighboring school districts on properties of the same value, which forces the state to send disproportionately high state funding to our wealthiest districts, subtracting from what would otherwise be distributed to all districts.

Following the bill’s passage on second reading in the Senate, an accompanying Supreme Court interrogatory resolution will be introduced. The Colorado Supreme Court will then review the state’s authority to align our property tax system with original voter intent, without requiring additional local elections. 

HB21-1164 now heads to the Senate Appropriations Committee for consideration, and should it pass, a full debate by the Senate will take place.

Bill to Improve Juvenile Justice Clears Committee!

Senator Lee champions effort to keep kids out of detention and in the process of rehabilitation

Denver, CO – Today, the Senate Judiciary Committee unanimously approved legislation sponsored by Senator Pete Lee that would make necessary improvements to Colorado’s juvenile detention system so that it is more equitable, just and fair.

"For many Coloradans, a life in and out of the criminal justice system begins as a child,” said Senator Pete Lee (D-Colorado Springs), bill sponsor and Judiciary Committee Chair. “Unfortunately in this state, we do not provide our youth with adequate support services they need to improve their lives and avoid the revolving door of jail. This bill will increase opportunities for diversion to community-based restorative justice programs so that they can successfully reintegrate back home and become productive members of society.”

This bill will direct the Division of Criminal Justice to instill a greater focus and emphasis on diversion programs that give troubled youth a pathway to find help, rather than just pushing them into the detention system.

SB21-066 now moves to the Committee on the Whole for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website.

JOINT RELEASE: Lawmakers, Consumers, and Small Biz Unveil Colorado Health Insurance Option

DENVER, CO – Representative Dylan Roberts, Representative Iman Jodeh, and Senator Kerry Donovan today joined Colorado health care consumers, an ER physician, and small business owners to unveil legislation to lower health insurance costs and if needed, create Colorado’s Health Insurance Option and save people money on health care.

“Now is the time for bold, necessary reforms--we’re going to lower the cost of healthcare for Coloradans and increase options for consumers in every county in our state,” said Rep. Dylan Roberts, D-Avon. “Our bill welcomes and encourages collaboration from hospitals, health insurance companies, and prescription drug manufacturers to save Coloradans money on their health care but if the industry cannot or will not achieve a reasonable goal of lower insurance premiums, the Colorado Health Insurance Option would start in 2025 and give consumers a new, more affordable choice on the individual and small group markets.”

“We refuse to accept that there is nothing that can be done to change the status quo. As legislators, it's our job to come to the table and find solutions even when it seems impossible,” said Sen. Kerry Donovan, D-Vail. “Year after year, I hear devastating stories from my constituents whose lives have been forever altered because they and their families couldn’t afford the care that they so desperately needed, or paying for the care that saved their lives bankrupted them. The Colorado Health Insurance Option is a targeted and thoughtful approach, and it’s our best chance in years to increase access and lower the cost of health care across the state - for everyone.”

“The pandemic has only exacerbated health disparities that have long been prevalent in communities of color,” said Rep. Iman Jodeh, D-Aurora. “People of color have disproportionately higher medical debt, face higher uninsured rates, and are forced more often to go to the ER for expensive care because they can’t afford the cost of health insurance. We’re going to change that. This bill will offer Coloradans a health care plan they can rely on, especially for people of color who are struggling to find quality access to affordable care.”

"Affordable and accessible health insurance furthers health and wellbeing and increases economic security for Coloradans, their families, and their businesses. By offering insurance carriers the opportunity to negotiate to meet premium reduction targets, the Colorado Health Insurance Option allows for private sector innovation, and holds the unique potential to add competition to the market to deliver meaningful results for Coloradans,” said Lieutenant Governor Dianne Primavera who leads the Office of Saving People Money on Health Care. “The Colorado Health Insurance Option is a balanced approach to bring more affordable health insurance options to Coloradans and small businesses."

Before the pandemic, 20 percent of Coloradans struggled to afford the cost of health care or went without care because they couldn't afford it. One in six Colorado counties has only one health insurance carrier on the individual market. The COVID-19 pandemic exposed gaps in the state’s health system and exacerbated existing inequities that have only made it harder for Coloradans to access affordable care.

The legislation unveiled today will bring more affordable health insurance options to Coloradans in the individual and small group market. This proposal provides the health care industry an opportunity to work collaboratively to reduce their premiums by a certain percentage each year, but allows them to innovate and figure out how to do that with minimal government intervention. If the healthcare industry doesn’t find a way to reach premium reduction targets, the State of Colorado would then step in and offer the Colorado Health Insurance Option that is more affordable than the plans currently being offered by private health insurance companies. The Colorado Health Insurance Option would be available to consumers in every county. The Colorado Option would be a standardized and affordable plan that keeps out-of-pocket costs low and drives competition across the market.

Bill to Establish Veteran Suicide Prevention Program Clears Committee with Unanimous Support

Legislation would establish a pilot program to increase access to behavioral health treatment for veterans and their families

Denver, CO – Today, the Senate Committee on State, Veteran’s and Military Affairs unanimously approved Senate President Leroy Garcia’s bill to establish a veteran suicide prevention pilot program.

The bill, SB21-129, would require the Colorado Department of Human Services to establish a veteran suicide prevention pilot program to reduce the rate of suicide and suicidal ideation among veterans. To do this, the pilot program would partner with established non-profit organizations to provide no-cost, stigma-free, confidential and effective behavioral health treatment for veterans and their families.

"Colorado’s rate of veteran suicide is higher than the national average, ” said Senate President Leroy Garcia, D-Pueblo. “As a Marine Corps and Iraq war veteran and a lawmaker, those numbers are hard to hear. This bill will ensure that Colorado upholds our end of the bargain by providing critical services for veterans when they return home from service.”

This bill would first establish a program in El Paso County, the region of Colorado with the highest population of veterans. At any time, the Department of Human Services would be able to expand this program to other areas of the state. 

“Veteran suicide is a difficult challenge in this state, but the data is clear: we can prevent this tragic loss of life if we make sure our service members have access to preventative care,” said Garcia, a United States Marine Corps Veteran. “Veterans and their families have made immeasurable sacrifices to keep us safe. This bill puts Colorado on a path to ensuring that veterans who are struggling have the support they need and deserve.”

SB21-129 now moves to the Appropriations Committee for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website.

Senate Committee Approves Bill to Establish Prescription Drug Affordability Review Board

Bill seeks to reduce costs and increase affordability of life-saving prescription drugs

DENVER, CO - In today's early hours, the Senate Health and Human Services Committee approved SB21-175, sponsored by Senators Jaquez Lewis and Gonzales, which would establish the Prescription Drug Affordability Review Board.

“No one should have to choose between buying food or the prescriptions they need,” said Senator Sonya Jaquez Lewis, D-Boulder County, a pharmacist and prime sponsor of the legislation. “If we truly want to make healthcare more affordable and accessible for all, then we need to find ways to lower the cost of prescription drugs. This affordability board will set an affordability standard for high-cost drugs so that more Colorado patients can access the medications they need at a price they can afford.”

1-in 3 Coloradans struggle to afford their prescriptions and must skip doses, stretch the length of their prescriptions, or delay filling prescriptions as a result. As established in the bill, the Prescription Drug Affordability Board will convene a panel of experts to investigate prescription drug cost increases, and set guardrails on cost increases for the most expensive prescription drugs in the state. 

“Prescription drug costs have risen astronomically, forcing patients to ration their medications or forego them all together,” said bill sponsor Senator Julie Gonzales, D-Denver. “This dangerous trend must end -- every Coloradan should be able to maintain their health without breaking the bank. With this bill, we can lower the ever-increasing costs of pharmaceuticals as well as address ongoing health disparities, bringing our state a step closer toward creating a healthcare system that prioritizes patients over profit.” 

The affordability board would be able to set upper payment limits for prescription drugs that meet certain cost increase thresholds. These payment limits would apply to all purchasers in the state, but will only be placed on the highest cost drugs, with purchasers continuing to be able to negotiate rates for the vast majority of drugs. The board will collect and evaluate the data necessary to review the affordability of prescription drugs and make policy recommendations to legislators. The board will be made up of nonpartisan, unpaid experts who are free from conflicts of interest. 

A recent poll from the Colorado Consumer Health Initiative found that 77% of Coloradans supported the idea of establishing a Prescription Drug Affordability Board to analyze and act to lower the cost of certain prescription drugs -- and this bill seeks to answer their call.

SB21-175 now moves to the Appropriations Committee for consideration. To track the progress of the bill, visit leg.colorado.gov/bills/sb21-175.

Bills to Support Veterans & Improve Prison Recidivism Clear Committee

Veterans mobile support program and identification for former inmates legislation passes with bipartisan support

DENVER, CO - This afternoon, the Senate State, Veteran, & Military Affairs Committee unanimously approved two bills focusing on bolstering veteran support programs and assisting former inmates as they reintegrate back into society.

SB21-032, sponsored by Senate President Pro Temp Kerry Donovan, would establish a grant program to fund a veteran-owned and focused organization. The grant will fund the creation of a mobile support unit that will act as a point of contact to veterans outside of metropolitan areas who are experiencing homelessness or are unable to access essential services. Those essential services may include distribution of supplies, direct healthcare services, and transportation assistance.

“Veterans are over-represented in unhoused populations. In fact, it’s estimated that nearly 10% of people experiencing homelessness in Colorado are people who have fought for our country,” said Senator Kerry Donovan, (D-Vail). “For many veterans experiencing homelessness, accessing essential services and care is incredibly difficult, but with this bill service providers will be able to meet people right where they are – supporting those who have sacrificed for us.”

SB21-153, sponsored by Senator James Coleman, would require the Department of Corrections to assist former offenders with acquiring state-issued identification cards and other documents so that they can overcome other barriers that a lack of identification can present for recently-released inmates.

“Without the adequate resources to integrate back into society, recently released inmates are set up to fail,” said Senator James Coleman, (D-Denver). “If we want to reduce the rate at which people return to our criminal justice system, we need to equip them with basic necessities like identification so they can seek employment, healthcare, education, and ultimately, find success.”

SB21-032 now heads to the Senate Appropriations Committee while SB21-153 heads the Senate floor for further consideration.

Bipartisan Measure to Enhance Electric Grid Reliability & Reduce Consumers Costs Moves Forward

Committee passes Hansen bill to establish the Colorado Electric Transmission Authority & encourage regional grid coordination

DENVER, CO - This afternoon, the Senate Transportation & Energy Committee gave bipartisan approval to SB21-072, a Hansen bill that would transition Colorado toward a regional transmission organization while simultaneously interconnecting the grid, enhancing grid reliability, decreasing costs for utilities and ratepayers, and increasing capacity for renewable energy that will help us reach out statewide greenhouse gas emissions reduction goals.

“As Colorado works to navigate this inevitable transition of our energy sector, we cannot do it alone,” said Senator Chris Hansen (D-Denver). “By interconnecting Colorado’s grid to our neighboring states through a regional transmission organization, we will not only be able to increase competition and ensure low-cost power delivery, but we’ll also be able to enhance grid reliability and more easily achieve our statewide clean energy goals."

Currently, Colorado’s grid is controlled by just a few utilities and transmission owners, which allows monopolies to dominate regions and inhibit economic competition, resulting in high-cost electricity for consumers. This bill would streamline new transmission investments and create the Colorado Energy Transmission Authority to independently develop projects that support ratepayers.

Additionally, the bill would require utilities to move toward a regional transmission organization. Our current system operates where a few power providers share resources, but they must constantly negotiate and barter with one another to sell power back and forth in bi-lateral, short-term agreements. In a regional transmission organization, that interstate commerce is instantaneous.

A recent analysis from nonpartisan Legislative Council Staff found that the bill will “facilitate and potentially accelerate the state’s ongoing transition to clean energy by alleviating constraints in transmission and market access” which will “lead to greater greenhouse gas emissions reductions than are currently projected for the electric power sector under current law.”

The legislation now moves to the Senate Appropriations Committee for further consideration. Information and updates regarding the bill can be found at leg.colorado.gov/bills/sb21-072.

Despite The Weekend Blizzard, Senate Democrats Plow Ahead With Legislative Work This Week

Bills on preventative health care coverage, prescription drug affordability, K-12 education, and post-incarceration transitions all head to committees this week

DENVER, CO -  With the legislative session in full swing, a flurry of bills are scheduled for Senate committees this week. Several of the legislative priorities include:

SB21-016: Protecting Preventive Health Care Coverage, sponsored by Senators Pettersen & Moreno.

• Although preventative healthcare screenings can significantly reduce life expectancy and potential insurance costs, many screenings aren’t covered by typical health plans, leaving consumers to bear the burden of cost. This bill requires the addition of several preventative health care services--including osteoporosis screening, urinary incontinence screening and STI health care--to be covered by health plans so that everyone can get the preventive care they need, regardless of cost.

This bill will be heard by the Senate Health & Human Services Committee upon adjournment of floor work today, Tuesday, March 16th in Senate Committee Room 357.

SB21-153: Department of Corrections Offender Identification Assistance Program, sponsored by Senators Coleman & Cooke.

• On average, 4 out of 10 Americans that are released from prison will return. In Colorado, that number is 5 in 10. We must do a better job of providing former inmates with the tools to reintegrate back into normal life so that we can reduce the likelihood that they reenter the prison system. This bill requires the Department of Corrections to assist offenders with acquiring state-issued identification cards and other documents so that they can more easily seek employment, healthcare, education, and overcome other barriers that a lack of identification can present for recently-released inmates.

This bill will be heard by the Senate State, Veterans, & Military Affairs Committee at 2:00PM on Tuesday, March 16th in the Old Supreme Court Chambers.

SB21-175: Prescription Drug Affordability Review Board, sponsored by Senators Jaquez Lewis & Gonzales.

• As prescription drug costs continue to skyrocket, Coloradans are having to make impossible choices between buying their prescriptions or paying rent and buying groceries. At a time when Coloradans are already struggling with the economic and health impacts of the COVID-19 pandemic, we must do more to ensure that all Coloradans - particularly communities of color - have access to affordable health care. This bill establishes the Prescription Drug Affordability Review Board, which will convene a panel of experts to investigate prescription drug costs and set guardrails on price increases for the most expensive prescription drugs in the state.

This bill will be heard by the Senate Health & Human Services Committee at 1:30PM on Wednesday, March 17th in Senate Committee Room 357.

SB21-013: Reversing COVID-related Learning Loss, sponsored by Senator Fields.

• Throughout the chaos of the last year, public schools have navigated the ever-changing needs of students and teachers – having to redesign methods of instruction, address technology needs, and provide social, emotional, and food support for students, all while dealing with illness and quarantining requirements amongst pupils and staff. Despite their best efforts, our K-12 students are now somewhere between 3-9 months behind, and it’s even worse for our students of color and lower socioeconomic status. This bill seeks to fill in these gaps by directing the Department of Education to prioritize reversing student learning loss, which will urgently address our children’s educational needs and ensure no student is left behind.

This bill will be heard by the Senate Health & Human Services Committee at 1:30PM on Thursday, March 18th in Senate Committee Room 357.

SB21-066: Juvenile Diversion Programs, sponsored by Senator Lee.

• For many, a life in and out of the criminal justice system begins as a child. Every child makes mistakes but some mistakes carry life-altering consequences that can hamper a young person's potential forever.  We must reverse this devastating trend and provide juvenile delinquents with social services that provide them opportunities for education, reconciliation, and ultimately, reformation. This bill will direct the Division of Criminal Justice to instill a greater focus and emphasis on diversion programs that give troubled kids a pathway to find help, rather than just pushing them into the detention system.

This bill will be heard by the Senate Judiciary Committee at 1:30PM on Thursday March 18th in the Old Supreme Court Chambers.

To listen to committee hearings, visit leg.colorado.gov/watch-listen. The full Senate calendar for the week can be found at http://leg.colorado.gov/session-schedule?type=senate

Senate Passes Bipartisan Bills To Support & Strengthen Colorado Schools

DENVER, CO – Today, the Senate approved two pieces of bipartisan legislation to strengthen and support Colorado schools. One bill aims to reduce the standardized testing burden on students and teachers this year, while the other addresses the administrator shortages in Colorado's education system.  

HB21-1161 would direct the Colorado Department of Education to ask the federal government to waive the many required standardized tests for Colorado students in 2021. Instead, schools would administer abbreviated testing to students – ensuring districts still have access to valuable assessment information while maintaining critical learning time.  

“Students and teachers have already endured more than their share of difficulties in the last 12 months, and we don’t need to add unnecessary burdens to them as they continue to recover,” said Senator Rachel Zenzinger, D-Arvada. “This bill will reduce the number of standardized assessments given this spring, offer maximum flexibility to districts administering the tests, and still meet the federal testing requirements.”

SB21-058 will combat school administrator shortages by authorizing public school districts, charter schools, non-profits, and other educational organizations to create alternative principal programs to streamline and bolster the pipeline for educators to become certified principals.

“In many cases, a quality education emanates from the top down," said Senator Story, D-Golden. "We must attract and maintain quality educators to teach our kids, but we must also work to ensure we have principals and school administrators that foster open, effective, and inclusive learning environments for our teachers and students."

Both bills now move to the House for consideration. To track their progress, visit the Colorado General Assembly’s website.

Bill to Expand Canadian Prescription Drug Importation Program Passes Senate!

Legislation lowers cost of prescription drugs, expands access to more Coloradans and improves patient outcomes

Denver, CO -- Today, the Senate passed legislation that would expand the Canadian Prescription Drug Importation Program with bipartisan support. The bill, sponsored by Senator Joann Ginal, seeks to increase access to prescription drugs for Coloradans at a lower price as health care costs continue to rise throughout the country. 

“The ever-increasing rise of pharmaceutical costs has kept patients across Colorado from accessing the critical medications they need,” said Senator Joann Ginal, D-Fort Collins. “By expanding this program, we have the ability to drive down costs while improving patient outcomes. This bill will bring us a step closer toward addressing barriers that keep patients from getting the care they need and lead us on a pathway to a more equitable, affordable, and accessible system of care for all.” 

Drug prices continue to increase in Colorado and throughout the nation, presenting a great need for this legislation as patients struggle to afford medications. A 2020 analysis of 2018 claims from the Colorado All Payer Claims Database (CO APCD) shows that Colorado spent nearly $4 billion, or 13% of total health care spending ($23 billion), on prescription drugs -- an increase of over $300 million since 2016.

SB21-123 would authorize the Department of Health Care Policy and Financing (HCPF) to expand its current drug importation program to include importation from other countries in addition to Canada if federal policy allows such an expansion. This bill would ensure Colorado’s readiness to expand opportunities for consumer savings on prescription drugs if federal statute changes to allow importation from additional countries.

HCPF estimates that drugs imported from Canada, on average, are 63% cheaper compared to Colorado prices. If the current Importation Program with Canada expands to other countries, the Department’s initial analysis shows that Colorado could access even lower drug prices.

Colorado is the third highest state for growth of our senior population, which almost doubled between 2003 and 2013. The AARP reports that the average annual retail cost in 2017 for widely used prescription drugs that treat chronic conditions reached almost $20,000 per year, nearly 20% higher than the average Social Security retirement benefit ($16,848). If passed, this bill would highly impact Colorado seniors’ ability to access prescription drugs at a price they can afford.

Under the bill, all prescription drugs approved for importation through the Colorado program will be the same as the current FDA-approved versions, which are produced worldwide for the U.S. market today. They will meet federal supply chain laws and U.S. labeling requirements, and be tested for authenticity and degradation.

Having passed the Senate, SB21-123 now moves to the House for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website. 

Senate Judiciary Committee Approves Legislation to Reduce the Detention of Juveniles

DENVER, CO - Today, the Democrats on the Senate Judiciary Committee passed SB21-071, a bill that will work to reduce juvenile incarceration and eliminate cash bail for kids.

Specifically, the bill reduces the maximum number of juvenile detention beds managed by the Colorado Department of Human Services from 327 to 188 and prohibits the use of cash bail on juveniles charged with or accused of committing a delinquent act.

“Forcing juveniles to await trial for months on end because they cannot afford bail is unconscionable. Ability to pay should never determine someone’s freedom,” said bill sponsor, Sen. Janet Buckner (D-Aurora). “We need to create a more effective system that supports and rehabilitates our youth rather than simply punishes them. With this bill, we are reducing the long-term and harmful costs associated with youth incarceration while providing an avenue for kids to re-enter their communities safely.”

Despite the lowest youth crime rates in decades, nearly a thousand young people are locked away every year in Colorado – about 70 percent of which are detained for nonviolent offenses.

Detention centers are intended to temporarily house youth who pose a notable risk to the community, but the nation’s use of detention is increasing, and facilities are packed with young people who do not meet those high-risk criteria.

Existing literature on longitudinal health effects of youth incarceration suggests that any incarceration during adolescence or young adulthood is associated with worse general health, employment opportunities, and mental well-being. 

According to A Justice Policy Institute Report: 

“Detained youth, who are frequently pre-adjudication and awaiting their court date... can spend anywhere from a few days to a few months in locked custody. At best, detained youth are physically and emotionally separated from the families and communities who are the most invested in their recovery and success. Often, detained youth are housed in overcrowded, understaffed facilities—an environment that conspires to breed neglect and violence.” 

Detention also disproportionately affects youth of color in Colorado. With Black youth four times as likely and Latinx youth twice as likely as white youth to be detained, current detention policies and practices reinforce systemic racism and institutionalized discrimination.  

The bill now moves to the Senate Appropriations Committee for consideration.

Bill to Reduce Testing Burden, Support Teachers Clears Committee

DENVER, CO – Today, the Senate Education Committee approved bipartisan legislation sponsored by Senator Rachel Zenzinger (D-Jefferson County) that aims to reduce the standardized testing burden on students and teachers this academic year.  

The bill would direct the Colorado Department of Education to ask the federal government to waive the many required standardized tests for Colorado students in 2021. Instead, schools would administer abbreviated testing to students – ensuring districts still have access to valuable assessment information while maintaining critical learning time.  

“Students, teachers and others in the education system have already endured more than their share of difficulties in the last 12 months, and we don’t need to add unnecessary burdens to them as they continue to recover,” said Senator Rachel Zenzinger, D-Arvada. “This bill will reduce the number of standardized assessments given this spring, offer maximum flexibility to districts administering the tests, and still meet the federal testing requirements.” 

Upon approval from the federal government, HB21-1161 would suspend the administration of state science assessments for students enrolled in grades 5, 8, and 11; math assessment for students enrolled in grades 3, 5, and 7; and English language arts assessments for students enrolled in grades 4, 6, and 8. For the 2020-21 school year, the bill suspends the administration of the social studies assessment for students enrolled in elementary and middle school.

The bill does allow the parent of a student to request that their child participates in the English language arts or the math assessment if they would have normally received one – allowing parents some choice. 

HB21-1161 also prohibits school districts from using test results to evaluate educator performance for the 2020-21 school year. 

The bill now moves to Senate Appropriations for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website.

Bill to Protect Survivors of Child Sexual Abuse, Hold Institutions Accountable Clears Committee

Denver, CO – Today, the Senate Judiciary Committee approved the Child Sexual Abuse Accountability Act with bipartisan support. Sponsored by Senator Jessie Danielson and Senator Rhonda Fields, SB21-088 seeks to clarify existing law to protect survivors of child sexual abuse and hold bad actors accountable in an effort to provide necessary protections for children and deter instances of sexual abuse from happening in the future. 

“We have a duty to protect those who cannot protect themselves, but for decades, victims of child sexual abuse have been denied justice. It’s time for that to change,” said Senator Jessie Danielson, D-Wheat Ridge. “This vitally important bill will ensure that we hold abusers and their enablers accountable. We know that the healing process is long and hard – providing additional time for survivors to disclose their abuse will give us a greater opportunity to stop predators from causing additional harm and empower victims to find closure on their own terms.”

“Current law serves as a barrier to survivors of sexual abuse,” said Senator Rhonda Fields, D-Aurora. “The window for disclosing abuse is incredibly limited, which ends up benefiting predators and hurting survivors. This bill rebalances the scales of justice by allowing survivors to report the abuse they experienced when they are ready to come forward versus forcing them to comply within an arbitrary time frame that is often misaligned with their healing journey.” 

A long, documented history of institutional coverups around child sexual abuse in Colorado demonstrates a great need for the Child Sexual Abuse Accountability Act. Institutions entrusted with the care of children have many times failed to respond to instances of child sexual abuse.

Delayed disclosure of these abuses has impacted the path to healing for survivors. By the time victims are able to come forward about their experience, Colorado’s extraordinarily short window of opportunity to file civil legal claims may have expired. This barrier has already barred hundreds of child sexual abuse victims from accessing the only option they have to seek monetary compensation for the pain they suffered – a necessary resource to rebuild their lives after experiencing such trauma. 

The Child Sexual Abuse Accountability Act would create an entirely new and freestanding cause of action, specifically tailored to address the institutional coverup that has persisted for decades. The bill would create a new right of relief for any person sexually abused in Colorado while participating in a youth program as a child.

Under the bill, a “Managing Organization” would be held liable if it failed to protect children either by active avoidance of acquired knowledge of abuse or willful negligence of suspected abuse.

SB21-088 now moves to Senate Appropriations for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website.

Joint Statement: Leaders Celebrate American Rescue Plan, Praise Senator Bennet

DENVER, CO – Senate President Leroy Garcia, D-Pueblo, and House Speaker Alec Garnett, D-Denver today released the following joint statement in response to the passage of the American Rescue Plan:

“The American rescue plan is the most meaningful, comprehensive piece of legislation to come out of Washington in years. Not only does it send targeted relief to small businesses, reduce healthcare premiums, and support the unemployed, it delivers life-saving assistance to families. Under this bill, low and middle-income parents will receive monthly support payments for their children – cutting child poverty by as much as 45 percent. 

This critical measure will protect millions of kids, thanks to Colorado’s own, Senator Michael Bennet. Senator Bennett fought tirelessly to include this provision in the rescue plan. He rolled up his sleeves, fought for Colorado families, and got it done. We are incredibly proud that we have such an effective, hardworking senator in D.C., and are looking forward to seeing his efforts pay off here at home.” 

The Colorado Recovery Plan is Here

DENVER, CO -- House and Senate Leadership from both parties and Governor Jared Polis today announced the Colorado Recovery Plan, which will invest roughly $700 million into helping Colorado recover faster and build back stronger.

“This is a bipartisan stimulus that works for Colorado. As we look to build our economy and our state even stronger than before the pandemic, we also have an opportunity to reimagine Colorado’s future and truly create a Colorado for all,” said Governor Jared Polis. “I want to thank the legislature for their collaborative work on this important package of legislation. These one-time, strategic investments will help Coloradans get back to work and not only make important investments in our infrastructure and workforce today, but help keep us moving forward together for years to come.”

“We’ve known from the start of the legislative session that forging a just and inclusive recovery for Colorado was our top priority this year,” said Speaker Alec Garnett, (D-Denver). “Today’s announcement represents an important step towards keeping our promise of building back a stronger Colorado. With this bold plan, we’re not only providing support for the small businesses and families who need it most, but also building the economy of the future through strategic investments in infrastructure and our communities.”

“The last year has brought immense challenges and unearthed many of the inequities and underlying issues in our society that have been swept under the rug for too long,” said Senate President Leroy Garcia (D-Pueblo). “To move Colorado forward, we can’t leave anyone behind. This stimulus package will work to ensure that we lift up our most marginalized communities, and provide a pathway to a prosperous future for all. I am grateful for the bipartisan collaboration and bold thinking that guided us as we developed a uniquely Colorado solution to build our state back stronger.”

“As we work to build back a stronger Colorado, it’s crucial that we invest in our economy’s most important asset: our workers,” said House Majority Leader Daneya Esgar (D-Pueblo). “Our stimulus plan supports workers and communities displaced by market changes, makes investments in workforce development, and helps create jobs to get Coloradans back on their feet. We’re investing directly in rural Colorado and the industries that create jobs on the Western Slope, throughout my beloved Southern Colorado, across the Eastern Plains, and everywhere in between.”

“The last year has had a devastating impact on small businesses in every corner of our state, across every sector of our economy,” said Senate Majority Leader Steve Fenberg. “To move Colorado forward, we can’t leave them behind. This stimulus package will ensure that all small businesses, particularly those in marginalized and under-resourced communities, will have the support they need to get their feet back on the ground as soon as possible.”

"After the challenges of this last year, it is time to come together and work to restore Colorado. By working together to prioritize fixing our roads and bridges, getting Colorado back to work, and getting students back in school, this is an opportunity to get our lives going again and bring Colorado back to life," said House Minority Leader Hugh McKean (R - Larimer County).

“Senate Republicans are focused on getting people back to work, kids back to school, and funding for our roads and bridges. These are our priorities because they are the priorities of the people of Colorado and we are optimistic to work on them with our colleagues across the aisle,” said Minority Leader Chris Holbert (R-Douglas County).

Developed with bipartisan input from lawmakers and community partners across the state, this stimulus plan prioritizes one-time investments that will have a stimulative effect on the economy, create jobs and benefit the hardest-hit communities.

Five big goals will guide dozens of bills narrowly tailored to meet the challenge at hand:
1. Strengthening small businesses
2. Revitalizing our infrastructure
3. Supporting Colorado families
4. Investing in rural Colorado
5. Developing our workforce

The plan will be financed by one-time dollars that are available as a result of improved economic projections for the FY 2020-2021 budget year.

Legislation to Enhance Public Safety & Reduce Gun Violence Passes Senate

DENVER, CO - Today, Democrats in the Senate passed SB21-078, a bill to promote responsible gun ownership and increase regulations around lost or stolen firearms.

Specifically, the bill requires gun owners to report lost or stolen firearms to law enforcement, who is then tasked with notifying the Colorado Bureau of Investigation and the National Crime Information Database. 

“Responsible gun ownership starts with knowing where your guns are,” said bill sponsor, Sen. Jaquez Lewis (D-Boulder County). “This bill will require that lost or stolen firearms are reported quickly and efficiently to law enforcement, so they can track down and prevent illegally obtained guns from being trafficked and causing subsequent harm.”

“Gun violence is tragically on the rise,” said bill sponsor, Senator Jessie Danielson (D-Wheatridge). “Across the country, nearly 380,000 guns are stolen each year – being trafficked illegally and used violently. This common-sense, gun violence prevention legislation is a first step solution to a widespread problem, and will help address an urgent public safety concern that has only been exacerbated by the pandemic.”

Between 2015-2019, the FBI estimates that more than 30,000 guns –worth $13.5+ million– were stolen in Colorado. Lost and stolen guns are responsible for increasing numbers of crimes, both within and outside of Colorado, and the lack of a reporting regulation opens up a loophole for those who have been prohibited from owning a gun to obtain one. SB21-078 seeks to rectify this situation by enacting a reporting requirement for lost or stolen guns.

The legislation is supported by both Colorado Ceasefire and Everytown for Gun Safety Action. The bill now moves to the House for consideration.

Bill to Expand Canadian Prescription Drug Importation Program Clears Committee!

Legislation lowers cost of prescription drugs, expands access to more Coloradans and improves patient outcomes

Denver, CO -- Today, the Senate Health and Human Services Committee approved legislation sponsored by Senator Joann Ginal that would expand the Canadian Prescription Drug Importation Program. The bill, SB21-123, seeks to increase access to prescription drugs for Coloradans at a lower price as health care costs continue to rise throughout the country. 

“The ever-increasing rise of pharmaceutical costs has kept patients across Colorado from accessing the critical medications they need,” said Senator Joann Ginal, D-Fort Collins. “By expanding this program, we have the ability to drive down costs while improving patient outcomes. This bill will bring us a step closer toward addressing barriers that keep patients from getting the care they need and lead us on a pathway to a more equitable, affordable, and accessible system of care for all.” 

Drug prices continue to increase in Colorado and throughout the nation, presenting a great need for this legislation as patients struggle to afford medications. A 2020 analysis of 2018 claims from the Colorado All Payer Claims Database (CO APCD) shows that Colorado spent nearly $4 billion, or 13% of total health care spending ($23 billion), on prescription drugs -- an increase of over $300 million since 2016.

This bill would authorize the Department of Health Care Policy and Financing (HCPF) to expand its current drug importation program to include importation from other countries in addition to Canada, if federal policy allows such an expansion. This bill would ensure Colorado’s readiness to expand opportunities for consumer savings on prescription drugs if federal statute changes to allow importation from additional countries.

Colorado needs to be prepared to move forward when Congress amends federal law to allow for the importation of drugs beyond Canada. HCPF estimates that drugs imported from Canada, on average, are 63% cheaper compared to Colorado prices. If the current Importation Program with Canada expands to other countries, the Department’s initial analysis shows that Colorado could access even lower drug prices.

Moreover, Colorado is the third highest state for growth of our senior population, which almost doubled between 2003 and 2013. The AARP reports that the average annual retail cost in 2017 for widely used prescription drugs that treat chronic conditions reached almost $20,000 per year, nearly 20% higher than the average Social Security retirement benefit ($16,848). If passed, this bill would highly impact Colorado seniors’ ability to access prescription drugs at a price they can afford.

Under the bill, all prescription drugs approved for importation through the Colorado program will be the same as the current FDA-approved versions, which are produced worldwide for the U.S. market today. They will meet federal supply chain laws and U.S. labeling requirements, and be tested for authenticity and degradation.

Currently, a majority of the active pharmaceutical ingredients (APIs) or finished drugs sold in the U.S. are already manufactured overseas. About 80% of active pharmaceutical ingredient manufacturers are located outside of the country and 70% of popular brand name drugs are imported.

Having passed the Senate Health and Human Services Committee, SB21-123 now moves to the Committee of the Whole for consideration. To track the progress of the bill, visit the Colorado General Assembly’s website. 

Colorado Women’s Caucus Unveils POWR Act

Bill would protect survivors of sexual harassment and discrimination, improve accountability measures, and enhance equity in the workplace

Denver – Today on International Women’s Day, the Colorado Women’s Caucus unveiled the Protecting Opportunities and Workers Rights Act (POWR Act), which would provide necessary anti-discrimination protections for workers throughout Colorado. The bill makes updates to the Colorado Anti-Discrimination Act (CADA) in an effort to protect more workers from sexual harassment and discrimination, hold bad actors accountable, enhance equity in the workplace, and deter predatory actions from happening in the future.

“For too long, individuals – particularly women – have faced workplace harassment and discrimination without proper protections, leaving bad actors unchecked, providing no incentive for employers to address bad behavior, and allowing abuse to endure without real repercussions,” said bill sponsor Senator Faith Winter, D-Westminster. “On this International Women’s Day, we are taking a leap forward with a bill that will not only support women but enhance equity in the workplace so that all workers can be protected.”

“Far too many women have been forced out of the workforce for being caregivers this year. We’re going to change that,” said bill sponsor Senator Brittany Pettersen, D-Lakewood. “The POWR Act establishes caregivers as a protected status and ensures that employers don’t discriminate against those caring for children or loved ones – a crucial provision if we are going to fully recover from this pandemic both socially and economically.”  

Women have left the workforce at four times the rate of men since March 2020, and the economic ramifications will be felt for years to come. The bill would extend protections against ageism in the workforce, prohibit employers from making decisions about terms and conditions of employment based on caregiving status, and fix a loophole that allows businesses to opt-out of anti-discrimination laws from some employees.

Colorado workers who are classified as “independent contractors” have very little protection against workplace discrimination and sexual harassment. As such, the POWR Act aligns Colorado’s legal protections for workers with the economic reality of the modern workplace by including independent contractors, subcontractors, and unpaid interns. This is particularly important as the future of work is expected to be more and more centered around the gig economy. 

The legislation also strengthens worker protections against sexual harassment – eliminating the excessive “severe or pervasive” hostile work environment requirements, empowering victims to set the terms of any settlement agreement, and extending the amount of time a worker has to file a claim. 

“No one should ever face harassment in the workplace, but far too many workers, especially women, don’t have the protections they need,” said bill sponsor Representative Susan Lontine, D-Denver. “This bill would extend critical protections to caregivers and close loopholes to make workplaces safer and stop the discrimination that is causing many women to leave the workforce.”

In addition, SB21-176 repeals a policy within the CADA that prohibits victims of age discrimination from receiving compensatory or punitive damages, all in all protecting disadvantaged workers from being excluded from the workforce due to unfair categorization and stereotyping. 

The POWR Act will be heard in the Senate Judiciary Committee sometime in the next few weeks. 

The bill is being co-sponsored by Senators Jaquez Lewis, Buckner, Danielson, Ginal, Gonzales, Hansen, Kolker, Story, and Representatives Bernett, Caraveo, Cutter, Esgar, Froelich, Jackson, Jodeh, Kipp, McLachlan, Titone, Young.

The Colorado Women’s Caucus is a caucus of Democratic women in the General Assembly working to advance women’s issues.

Democrats Introduce Legislation to Reduce Costs and Increase Affordability of Life-Saving Prescription Drugs

DENVER - This afternoon, Senators Jaquez Lewis and Gonzales, along with Representatives Caraveo and Kennedy, in partnership with Governor Polis, announced the introduction of SB21-175, a bill to establish the Prescription Drug Affordability Board.

“Prescription drugs cost too much and Coloradans are sick and tired of being ripped off. This bill is an important step toward our goal of saving people money on health care,” said Governor Jared Polis. “I want to thank the bill sponsors for their efforts to ensure that hardworking Coloradans can get the medicine they need for themselves and their families without worrying about astronomical costs.”

“As prescription drug costs continue to skyrocket, people are forced to make impossible choices,” said Senator Sonya Jaquez Lewis, D-Boulder County,  a pharmacist and prime sponsor of the legislation. “This proposal--this group of non-partisan experts--has the potential to save Coloradans as much as 75%  on the most unaffordable drugs. We have no choice but to address this issue--we absolutely must get this under control so we can build a healthy Colorado for all!”

“The painful and heartbreaking accounts of Coloradans who are forced to choose between filling prescriptions, skipping doses or paying for basic necessities are far too common,” said bill sponsor Representative Chris Kennedy, D-Lakewood. “The skyrocketing cost of prescription drugs is hurting families, and it’s hurting our economic recovery. Coming out of this pandemic, we must build back stronger, and that means making common sense reforms to lower the costs of the drugs that are eating away at the bottom line of so many hardworking Coloradans.” 

Too many Coloradans skip doses, stretch the length of their prescriptions, or delay filling prescriptions because they simply cannot afford them. As established in the bill, the Prescription Drug Affordability Board will convene a panel of experts to investigate prescription drug cost increases, and set guardrails on cost increases for the most expensive prescription drugs in the state. 

The affordability board would set upper payment limits for prescription drugs that meet certain cost increase thresholds. These payment limits would apply to all purchasers in the state, but will only be placed on the highest cost drugs, with purchasers continuing to be able to negotiate rates for the vast majority of drugs. The board will collect and evaluate the data necessary to review the affordability of prescription drugs and make policy recommendations to legislators. The board will be made up of nonpartisan, unpaid experts who are free from conflicts of interest. 

“Even prior to the pandemic, nearly 1 in 3 Coloradans struggled to afford the prescription drugs they need to stay healthy, forcing families to choose between buying their prescriptions or paying rent and buying groceries,” said bill sponsor Senator Julie Gonzales, D-Denver. “At a time when Coloradans are struggling with the economic and health impacts of the COVID-19 pandemic, we should ensure that all Coloradans - particularly in communities of color - have access to affordable health care.” 

“Prescription drugs are essential to managing, preventing, and curing diseases, but not every Coloradan can access them because cost is a barrier when it shouldn’t even be a consideration,” said bill sponsor Rep Yadira Caraveo, D-Thornton, a physician. “Coloradans need us to act now. Colorado families are struggling with unfair and unaffordable drug costs. The affordability board will reign in the highest cost drugs and stop the out of control increases that are reaching deeper and deeper into Coloradans pockets and driving up the cost of healthcare for everyone.” 

A recent poll from the Colorado Consumer Health Initiative found that 77% of Coloradans supported the idea of establishing a Prescription Drug Affordability Board to analyze and act to lower the cost of certain prescription drugs -- and this bill seeks to answer their call.

To read the full text of the bill and track it through the legislative process, visit leg.colorado.gov/bills/sb21-175