Legislature
Hickenlooper signs Colorado bill allowing ‘ballot selfies’
DENVER – You’ll be able to take a selfie with your ballot in Colorado next election after Gov. John Hickenlooper signed the so-called “ballot selfie bill” into law Thursday.
House Bill 1014 eliminates the penalty in Colorado for taking a “ballot selfie” – an issue that was heavily litigated ahead of last November’s election.
A federal judge granted a preliminary injunction that kept the state attorney general and district attorneys from prosecuting people who took or posted a picture of their completed ballot.
The Colorado rule was first written in the 1890s and has been reinterpreted over the past century.
The new bill, signed by the governor, changes one of those modifications, created by the Uniform Election Code of 1965 and Election Code of 1992, by eliminating language that prohibits voters from showing their completed ballot to anyone.
But it still allows county clerks and polling center workers to restrict photography at polling centers. Inducing any voter to show someone how they voted will still be against the law.
The bill underwent significant changes as it made its way through the Legislature.
The House added a provision that creates a new misdemeanor offense that will penalize people for trading votes or offering such.
But the Senate stripped that provision, which led to the Colorado Secretary of State’s Office to pull its support for the bill.
“We didn’t think it had enough controls in it,” Deputy Secretary of State Suzanne Staiert told Denver7 Friday. “We will seek legislation to specifically prohibit vote trading in the future.”
Projection: 600K Coloradans will lose Medicaid, state will lose $14B by 2030 under AHCA
DENVER – Colorado would lose $340 million in federal funding in 2020 when Medicaid provisions under Obamacare run out under the GOP-sponsored American Health Care Act, and the state stands to lose $14 billion in federal funds by 2030, according to analysis on the proposal released Thursday by the Colorado Health Institute.
The report says the state will have to choose between cutting up to 600,000 Coloradans from Medicaid by 2030 or making cuts to the state budget the nonpartisan CHI says would be “historic.” Continue reading
Colorado Senate passes marijuana membership clubs bill on to House, but Hickenlooper has concerns
DENVER – A bill that would authorize towns, cities and counties to allow private marijuana clubs in their jurisdiction is headed to the Colorado House after passing a full Senate vote Thursday morning.
Senate Bill 184 passed its third reading and a full Senate vote, 25-10.
The bill has undergone several changes in Senate committees and on the floor.
As it sits now, the bill would allow jurisdictions that have authorized private marijuana clubs, as Denver did in November, to operate them under a series of strict parameters:
- The members and employees of the cub must all be at least 21 years old.
- The club’s owner must have been a Colorado resident for at least two years before owning the club.
- The club’s employees must all be Colorado residents.
- The club won’t be able to sell or serve alcohol or food.
- The club can’t sell marijuana, nor can it allow others to sell or “exchange…for remuneration” marijuana on the club’s premises.
- Marijuana could not be consumed “openly” or “publicly.”
The bill would also require that the clubs be private and not accessible to the general public. Both medical and recreational could be used within the club.
The bill’s Senate sponsor, Sen. Bob Gardner, R-El Paso County, told Denver7 last week that the way marijuana clubs were currently operating amounted to the “Wild West.”
The 10 votes against the bill Thursday morning all came from Republicans, but the bill passed with several Republicans in favor.
The bill also has favorable chances in the Democrat-controlled House, though it has already undergone several changes since it was first introduced and could undergo more.
But should it pass the House, the bill could still face defeat at the governor’s desk.
Gov. John Hickenlooper told Denver7 he would review the bill should it reach his desk, and questioned whether such measures should be implemented amid many unknowns regarding marijuana programs and how they will be treated under the new administration and attorney general.
He also voiced concerns Wednesday to the Denver Post that allowing people to smoke marijuana indoors would allow a “crack in the door” to the law banning smoking indoors.
His concern over possible federal changes also applies to Senate Bill 192, which would allow marijuana deliveries in Colorado.
Senate Bill 184’s first House hearing has yet to be scheduled.
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Colorado House passes bill banning conversion therapy on to Senate
DENVER – A Colorado bill that would ban conversion therapy for people under age 18 and penalize licensed physicians or mental health providers that perform conversion therapy passed a full House vote Tuesday.
House Bill 1156 would prohibit any licensed psychiatrist from trying to change a person’s sexual orientation or gender identity, but would not apply to psychotherapists who help people undergoing a gender transition or other identity exploration.
If passed, it also would penalize any licensee who engages in conversion therapy with someone under age 18. Those penalized would be treated the same as if they had sold or fraudulently obtained their license to practice.
The bill passed its third reading on the House floor Tuesday by a mostly-partisan 38-27 vote. The bill next heads to the Senate, where it could face opposition with Republicans in control.
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Bill for illegal pot grow crackdown grants heads to House; medical plant limit bill on floor Thurs.
DENVER – A bill sponsors say is aimed at working to further cripple the black and “gray” marijuana markets in Colorado moved on to the full House Wednesday after it passed the House Appropriations Committee.
House Bill 1221, if passed, would change the rules for community recreational growing and would create a grant program aimed at helping rural law enforcement agencies and district attorneys crack down on illegal grows or black-market operations.
Under the bill, only a primary caregiver would be allowed to be in possession of and to grow marijuana for another person. Currently, people are allowed to grow recreational marijuana together so long as they stay within the six-plant limit and other regulatory grow rules.
The other facet of the bill would create a gray and black market marijuana enforcement grant program that is run by the Department of Local Affairs’ Division of Local Government.
Local law enforcement agencies and district attorney’s offices would have to apply for the grant money, and the Executive Director of the Department of Local Affairs would pick the agencies and offices who would receive the grants.
The division would prioritize the grants for rural areas of the state. The bill defines “rural areas” as counties with fewer than 200,000 people and towns or cities with less than 30,000 people that is at least 10 miles away from a town or city with more than 50,000 people.
The agencies and offices would then be expected to use the money to bolster efforts to shut down unlicensed grows, investigate and prosecute illegal large-scale grows, investigate and prosecute organized crime operations involving marijuana, and to investigate and prosecute people who grow and distribute pot illegally out of state.
The money for the grants would come from either the Marijuana Tax Cash Fund or the Proposition AA refund account. Under the bill, any money not dispersed through grants that is appropriated can be spent the next year without being re-appropriated.
The bill also mandates that beginning Nov. 1, 2019, the Division of Local Government would have to update to Senate and House committees on the program’s effectiveness. Subsequent updates would be required on or before Nov. 1 of each following year.
House Bill 1221 is one of two House bills their sponsors say aim to cut down on large-scale grows.
House Bill 1220 was referred straight to the House after Monday’s hours-long House Finance Committee hearing on the bill. It would curb the 99-plant per person state limit for medical marijuana grows at 12 – rules already in place in Denver.
1220 is set to be heard on the House floor for the first time Thursday morning.
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Bill allowing communications intercepts in human trafficking cases heads to Colo. governor
DENVER – A bill that would authorize judges in Colorado to issue ex parte orders for law enforcement to intercept communications regarding human trafficking is headed to the governor’s desk.
The Senate unanimously passed House Bill 1040 Monday morning on its third reading. It passed the House Feb. 7 by a 64-0 vote, though one representative was not present for the vote.
Should Gov. John Hickenlooper sign the bill, human trafficking would be added to the list of possible crimes that a judge can authorize communications intercepts for, if a district attorney or attorney general shows probable cause.
The attorneys would have to prove they believe evidence would be obtained related to the possible crime by using a wiretap or other means of interception.
First- and second-degree murder, kidnapping, gambling, robbery, robbery and a handful of other crimes are already authorized under Colorado law.
According to the latest Colorado Human Trafficking Council report, which was released in December 2016, there were 802 human-trafficking investigations by the Justice Department in Colorado in 2015 – down from 835 in 2014.
Seventy-two victims were recovered in 2015 by the Rocky Mountain Innocence Lost Task Force – 10 men and 62 women. The Colorado Trafficking and Organized Crime Coalition made 17 arrests in 2015.
The fiscal impact report for the bill says it would lead to more case fillings and addition evidence in existing cases, but that the costs and revenue added would both be limited.
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Bill that would require combination of THC, THCA levels in Colorado hemp heads to governor’s desk
DENVER – A bill that changes the way THC levels are calculated in Colorado’s industrial hemp has been sent to Gov. John Hickenlooper’s desk.
Senate Bill 90 passed its third reading in the House by a 58-3 vote Friday morning. Four representatives did not vote.
The bill will change the rules regarding industrial hemp so that the state agriculture commissioner will have to measure delta-9 tetrahydrocannabinol (THC) levels combined with the levels of tetrahydrocannabinolic acid (THCA) in hemp crops.
Under Colorado Department of Agriculture rules, industrial hemp has to have THC levels of under 0.3 percent so as to not qualify as psychoactive marijuana.
THCA is the precursor to THC, but when decarboxylated by drying, turns to its psychoactive cousin. Research has shown that THCA has no psychoactive effects; it is not scheduled by the Drug Enforcement Agency as THC is.
THCA levels in medical and recreational marijuana typically bought in Colorado are most-often under the 2 percent level, compared to 15-29 percent THC levels for most of the cannabis.
The bill, if signed by the governor, would also establish a process for hemp growers to apply for a waiver that would exempt them from the concentration limits if certain conditions are met.
CDA has already certified three seeds for Colorado industrial hemp production that meet current requirements. The department says state farmers will be able to start buying and growing the seeds this year.
Congress approved hemp production in 2014, but a state certification like Colorado’s is necessary to raise the crop.
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Undocumented people would be able to use Social Security card to get license in Colo. under bill
DENVER – At least 20 state public health organizations have thrown their support behind a new bill in the state Legislature that would amend the Colorado law that allows undocumented people to obtain a driver’s license or ID card.
Under current law, people living in the state illegally are able to obtain a driver’s license or ID if they can present a government-issued taxpayer ID number at any of six specified DMV locations. The licenses are also more costly ($79) than licenses for residents ($25).
If passed, House Bill 1206 would allow undocumented people to also use a government-issued Social Security Card to both obtain and renew their license.
If undocumented people already have a license or ID under the current rules, they will be able to upgrade to the new card, should the bill pass the governor’s desk.
An estimated 120,000 people are eligible for the special licenses or ID cards, according to the I Drive Colorado campaign – an alliance between immigration and social justice groups in Colorado.
The bill comes at the same time that a report from the Institute on Taxation and Economic Policy, a nonpartisan nonprofit based in Washington, that says Colorado has an estimated 163,000 undocumented immigrants who contributed $139.5 million to the state in income, property, sales and excise taxes in 2015.
The report says that nationwide, undocumented immigrants pay $11.7 billion in taxes each year, which the nonprofit says would increase by an additional $2.1 billion if they were granted legal status.
House Bill 1206 is set for its first hearing in the House Local Government Committee on March 15. It was introduced Feb. 24 and is sponsored by Rep. Jonathan Singer, D-Boulder, and Sen. Dominick Moreno, D-Adams Co.
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Ballot selfie bill in Colorado one vote from governor’s desk
DENVER – A bill that would eliminate the penalty for Coloradans who take a “ballot selfie” could be among the first bills in the 2017 General Assembly to reach the governor’s desk.
House Bill 1014 passed its second Senate floor reading on Wednesday without further amendments. It will have one more floor review before a final vote. The bill passed the House on Jan. 31.
The issue was taken to court ahead of November’s election, and a federal judge granted a preliminary injunction that kept the state attorney general and district attorneys from prosecuting people who took or posted a picture of their completed ballot.
The Colorado rule was first written in the 1890s and has been reinterpreted over the past century.
The new bill changes one of those modifications, created by the Uniform Election Code of 1965 and Election Code of 1992, by eliminating language that prohibits voters from showing their completed ballot to anyone.
But it would still still give county clerks and polling center workers the ability to restrict photography at polling centers. Inducing any voter to show someone how they voted would still be against the law, should the bill pass.
The bill, as modified by the House during its second reading, would create a new offense that would penalize people for trading votes or offering such. They would face a misdemeanor charge.
The third Senate floor session has yet to be scheduled.
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Colorado’s elected officials, political organizations react to President Trump’s speech to Congress
DENVER – Colorado politicians and political organizations reacted swiftly to President Donald Trump’s first address to Congress Tuesday night.
Here is a roundup of some of the responses received by Denver7:
Sen. Cory Gardner, R-Colo.
“Tonight, President Trump outlined his plan to tackle our country’s challenges. I am encouraged that he prioritized strengthening our economy and boosting job creation as well as addressing our broken health care system. Equally as important, the President highlighted the increasingly complex security threats we’re facing around the globe, including Iran and ISIS. After eight years of a failed foreign policy that led to emboldened regimes and instability in the Middle East, it’s critical that the United States stands up to its adversaries and stands by its allies.
“While headlines may reflect polarization, I remain convinced that more unites us than divides us. Our shared love and respect for democracy continues to make America the greatest nation on earth. Our country is still one that strives to inspire, innovate, invent, and above all – promote and create opportunities. I’m committed to working with this Administration on behalf of Coloradans to strengthen our country and make it easier for every American to succeed.”
Sen. Michael Bennet, D-Colo.
“I am pleased the President condemned the recent hate crimes and attacks on Jewish community centers and cemeteries. Such actions have no place in the United States or anywhere else.
“I have long said I will work with anyone to rebuild our infrastructure, fix our broken immigration system, educate our children, protect our environment, reduce our debt, and repair our health care system. In the days ahead, I hope the President will start the hard work of building consensus and leave the campaign behind.”
Rep. Scott Tipton, R-Colo.
“The president’s address was a reminder that America is strong when we stand together and work to achieve common goals. We all want a robust economy, affordable and accessible health care, safe communities, and a better future for our kids. Tonight, the president laid out what his governing vision is for America – much of which Republicans in Congress have already started working on as part of our Better Way Agenda.
“We’re repealing and replacing Obamacare with a health care system that lowers costs, increases choice, and ensures all Americans can access the health services they need. We are taking steps to roll back the federal overreach that has plagued small business owners and entrepreneurs over the last eight years, because a vibrant Main Street is critical to a strong economy. We are also working towards streamlining and simplifying our tax code, so businesses will feel confident investing in the United States and Americans can keep more of their hard-earned money.
“We’re at a pivotal point in our nation’s history, and I look forward to continuing the work that will advance policies that benefit the families of the Third Congressional District of Colorado.”
Rep. Ken Buck, R-Colo.
“I’m eager to work with President Trump to advance conservative policy,” stated Congressman Ken Buck. “Tonight he called for lower taxes for the middle class, a roll back of excessive regulations, a better healthcare system for Americans, and safety and security for our communities. It’s time for America to once again be optimistic.”
Rep. Diana DeGette, D-Colo.
“For the past month, President Trump and Republican leaders in Congress have been giving us platitudes and promises, but no real plans on anything from health care to immigration to education and beyond. Meanwhile, the president’s actions speak louder than any number of grand pronouncements he made this evening. His draft budget is completely out of line with U.S. values and long-term interests. He talks about things that will be wildly expensive, but then offers no way to pay for them but vague assurances of tax cuts. These things sound great in a speech, but the reality has set in: As president, you have to put in place workable policies.”
Colorado Republican Committee Chairman Steve House
“Finally, a president came before the American people to speak plainly and honestly about the future of our great country. Tonight, President Donald J. Trump outlined an optimistic and bold vision for our country that crosses party lines.
“President Trump has now set lawmakers on a clear path to improve our nation’s health care, protect our borders, require tax and regulation reform and ensure the future of American exceptionalism.
“Since January 20th, President Trump has been fulfilling the promises he made to the American people at a record-setting pace, including bringing back American jobs and nominating a mainstream conservative to the Supreme Court. This evening, he expanded on his plans to pass an aggressive agenda that will solve real problems for real people, make sure every American who needs a good job gets one, and put our nation’s security first.
“It is my sincere hope Senator Michael Bennet and the Democrats will join with President Trump to help fix the problems of this country and Make America Great Again.”
ProgressNow Colorado Executive Director Ian Silverii
“The only thing saving our nation from the abyss today is the fact that Donald Trump is having trouble keeping his promises,” said ProgressNow Colorado executive director Ian Silverii. “The first month of Trump’s administration has been an historic disaster, as Trump has lurched from crisis to crisis within his administration, only partially successful in his plans to attack abortion rights, working people, immigrants, and clean water. Trump has abandoned his promises to help American workers compete in the global economy, and instead signed our government over to the same Wall Street kingpins who plunged the nation into recession less than a decade ago.”
“President Trump’s false claims about the Affordable Care Act, a.k.a. Obamacare, do not comport with the experience of millions of Americans who have gained coverage from President Obama’s signature health care reform law,” said Silverii. “Today, the polls show Americans have finally come to understand the benefits of Obamacare, and Americans have rejected the years of misinformation from the Trump and Colorado’s Sen. Cory Gardner. No replacement for the Affordable Care Act introduced by Republicans would protect as many Americans as the Affordable Care Act, and eliminating the key protections and coverage benefits in the Affordable Care Act could deprive millions of Americans of the care they need. For too many, Trump’s cavalier dismissals of their need for care are a life-or-death proposition.”
“It is inconceivable that Donald Trump, a man who has spent so much time and effort demonizing immigrants, could ever deliver workable comprehensive immigration reform–and Trump failed to articulate anything but a vision of greed and contempt tonight on immigration,” said Silverii. “Trump’s unconscionable attacks on Latin American immigrants and refugees from war-torn nations around the world, which continued in tonight’s address to the shock of many in the chamber and millions watching, have left him completely alienated from the communities he needs to buy in to any immigration reform plan. Expecting immigrant communities to trust Trump after his disparagement of them as violent criminals and terrorists would is impossible.”
“Tonight, President Trump tried the same tricks that he used on the campaign trail last year, and failed,” said Silverii. “Trump is full of grand empty promises to working people, but his actions so far have proven that he doesn’t care about America’s working families or the middle class. The campaign is over, and Trump is learning that being President is more than stringing words together. Tonight’s speech just demonstrated once again that Trump is not up to the job.”
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