MORE ACCESSIBLE VOTING FOR ALL

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1 LEGISLATIVE LETTER LEAGUE OF WOMEN VOTERS OF COLORADO 1410 Grant St., B-204, Denver, CO, April 22, 2013 LL#8:81 MORE ACCESSIBLE VOTING FOR ALL Colorado s elections could be more standardd across the state (and certainly within multi-county metro areas), and more efficient, if HB 1303 Create the Voter Access & Modernized Elections Act (Rep. Hullinghorst and Pabon; Sen. Giron) (support) becomes law. It is also expected to save money. League is particularly supportive of a provision in the 126-page bill eliminating the Inactive-Failed to Vote status, so that ballots would be mailed out to all eligible voters who have previously requested them, regardless of whether or not they voted in the last general election. Indeed, all voters will receive a mail ballot. As a result, voters would have a variety of ways in which to vote: return the ballot by mail, deposit ballot at designated drop-off locations, or vote in person at their Clerk & Recorder s office or at any of their county s Voter Service and Polling Centers in early voting (up to 15 days prior to the election, except Sundays) or on election day. Another benefit to voters is the increase in opportunities to register to vote. The bill would change the registration period from 29 days prior to an election to 22 days. This mainly affects voter registration drives. Voters can register online or appear at their local Department of Motor Vehicle facility through the eighth day prior to election. And electors can appear in person at their county clerk & recorder s office or at a voter service and polling center at any time that they are open, including on Election Day, to register and to vote. With our state s advanced use of technology in SCORE, every polling place should be able to verify in real time when voters cast their ballots, thereby providing a great degree of security. Clean voter rolls are key, and the bill takes strides in assuring this by giving the Dept. of State access to the databases of the Dept. of Public Health and Environment and the Department of Corrections. The Secretary of State would also conduct a monthly search of NCOA to determine if an elector has moved. In addition Colorado has joined with several states to exchange voter data by its participation in ERIC (Electronic Registration Information Center). The provisions of the bill are heavily the work of the County Clerks Association. Three quarters of them supported the bill. During the hearing in House State Affairs on April 15 th, concern was expressed that both parties had not been at the table during the drafting process. We share that concern. This should not be a partisan issue. Legislative Letter is a publication of the League of Women Voters of Colorado for the benefit of members and subscribers. Reproduction of any kind, in whole or in part, is prohibited without written permission of the League of Women Voters of Colorado. Copyright LL#8, p. 81

2 Some clerks testified with conviction that the changes brought about in this bill would significantly reduce the cost of conducting elections, while other clerks just as vehemently claimed the opposite would be true. The information supplied in the fiscal impact was even questioned. That makes it very difficult for citizens to access the potential impact of the changes in the bill. There are costs to implementing the bill, especially in computer programming and in acquisition of computers for some counties in order to run the real time poll book. However, encouragement of mail-in ballots and the move from precinct polling places to vote centers will enable substantial savings in acquisition of voting equipment in the near future. It will also save in personnel and facility rental costs for each election down the road. Thus, there will likely be long term savings. The House State Affairs Committee listened to 7½ hours of testimony before sending the bill to House Appropriations on a 7 4 vote. Foote, Levy (in for Labuda), Melton, Moreno, Williams, Salazar and Ryden voted in favor; Dore, Humphrey, Nordberg and Scott were opposed. Just two days later the bill was heard in Appropriations and passed 8 4 with Hammer, Labuda, Pabon, Singer, Tyler, Young, Duran and Levy voting Yes and DelGrosso, Dore, Gardner and Gerou voting against. Sonnenberg was excused. After a 5½ hour heated debate on the floor on April 18, the bill passed with amendments. One of the changes addressed how to handle a situation should an elector try to cast a ballot at a polling center where there were technical difficulties accessing SCORE and therefore eligibility cannot be verified even after the judge contacts the county clerk and recorder by phone or . The elector, in such a case, is entitled to cast a provisional ballot. Another amendment added that changes to party affiliation in an election may be made electronically no later than 29 days before the election. An amendment brought forth by Representative Murray offered an interesting solution to concerns about verifying a voter s eligibility when he or she registers and votes at the same time and does not present a picture ID for voting (only verification of address is required). She proposed that election judges or county clerks take a full-face photograph of the person registering to vote and upload that photograph to the elector s file in SCORE. The amendment was defeated, but we think the idea bears exploration as a way to address concerns about error or fraud, without disenfranchising those who have difficulty getting identification. The bill passed Third Reading on April 19, after another half-hour of debate. The vote was Carol Tone Christine Watson FUNDING PUBLIC SCHOOLS 2013 AND BEYOND The Colorado General Assembly s financing of public schools this next year and the attempt to revamp the state s 20 year old School Finance Act have both faced partisan squabbling and special interest brinksmanship if certain elements weren t included or were omitted. Some of those deal breakers are mutually exclusive. The good news is that after years of massive cuts, the more positive economic trend is beginning to return critical funding into our school districts. Legislators are treading cautiously this year, however, given the possibility that new moneys are a single year gift rather than a trend. LL#8, p. 82

3 NEW SB 260 Financing of Public Schools (Sens. Hudak and Steadman; Rep. Hamner) (support in part) was introduced on April 9 after the March economic projections were out and the Joint Budget Committee had crafted the budget. The bill, which sets state funding for the school year, increases base per pupil funding to $5, to reflect a 1.9 percent inflation rate. It also establishes a minimum funded pupil count of 50 for each district (aiding the few districts with less than 50 students); increases the number of slots in the Colorado Preschool Program (CPP) by 3,200; and increases total program funding by $46.8 million by reducing the negative factor. Districts are pleased by some of the program adjustments: an increase in Tier B special education funding by $20 M; an appropriation of $1,339,200 for stipends for Nationally Board Certified Teachers (never funded in Colorado); full funding of last year s READ Act and funding to continue the work of the Teacher Effectiveness Council to support SB 191. Charter schools are mollified by an added $1 M to their annual $6 M for capital construction and the refinancing of supplemental at-risk aid for charter schools, school districts and the Charter School Institute (CSI). Two new programs faced opposition. The Expanding Teacher Quality Incentive Program would have added funding for the Colorado Department of Education to offer quality rating and quality improvement grants for district preschool programs. This had come from the office of the Lt. Governor. An amendment by Senator Owen Hill eliminated the program and directed the $5 M allotted to restore more of the cuts in general use funds that were made during the last five years. (This is referred to as buying down the negative factor. ) In a rare showing of bipartisan work, the amendment was supported by Senator Nancy Todd and passed. One of the governor s priority issues is the Quality Teacher Recruitment Program. The intent is for CDE to hire a contractor to aid rural districts that face difficulties finding and retaining qualified teachers. The primary candidate for the contract appears to be Teach for America, the only such group to testify. Teach for America teachers, the representative admitted after questioning, tend to teach for two to three years and then move on to other careers. Rural districts appear to have little interest, preferring to find ways to incentivize local candidates more likely to remain in their communities. LWVCO recommends that this $3 million dollars also be used to pay down the negative factor. A more effective use of funds might be to offer scholarships or college loan repayments to residents of rural districts willing to commit to teaching in these hard hit areas, rather than to bring in non-residents who will stay briefly and then move on. SB 260 passed the Senate on Third Reading on April It will be heard in House Education at a date that keeps changing. SB 213 The Future School Finance Act (Sens. Johnston and Heath; Rep. Hamner) (support) was heard in House Education on Monday, April 15. It passed, with amendments, 7 to 6. Voting Yes: Buckner, Court, Fields, Pettersen, Young, Peniston, Hamner. Voting No: Everett, Holbert, Landgraf, Murray, Priola, Wilson. It heads to the House floor on Monday, April 22, for Second Reading. The Future School Funding Act is a bold and long overdue move to bring Colorado into closer compliance with the state constitutional requirement for the thorough and uniform system of public education all of our children deserve and from which our state can only benefit morally and economically. We are in support of this proposal, but have some issues we hope are being addressed as the act is being finalized. The League is particularly supportive of: the move to calculate more fairly student numbers through average daily membership (ADM); the additional funding for at-risk preschool and full day kindergarten; funds to more thoroughly support mandates such as special education, gifted and talented, and the teacher effectiveness and READ legislation; and, particularly, the efforts to provide more equity to districts throughout the state taking into account the local ability to fund schools through property tax revenues and the range of costs to educate students with disparate needs (at-risk, students with disabilities, English Language Learners, etc.). Certainly, getting to a formula where everyone feels they ve been treated fairly is not going to happen. It s time, however, for districts and businesses and citizens to take a more global view and accept a bold, but imperfect step toward educating ALL of Colorado s children well. After years of underfunding our schools to the tune of $1 billion a year, these adjustments should finally move the state toward closing the achievement gap that is at the core of the League s concerns. Issues that seem to be causing clashes include the backpack funding where funding for at-risk and English Language Learners (ELL). A component of the SB 213 is to put these funds under direct control of the principals of the schools attended by these children (money follows child). Business interests are insisting on that provision. Districts maintain that the overall control lie with the school board. We are having a difficult time understanding view led by the Metro Denver Chamber requiring that control of these funds lie with a sometimes novice and already overwhelmed principal LL#8, p. 83

4 rather than a locally elected body. Another sticky issue is equity for charter schools. Given that each year the capital construction funds available to charter schools have increased by $1 ($7 million a year in the current proposed school finance act), it is becoming increasingly difficult to understand the charter school complaint. Budget transparency rules to be adopted should include all gifts, grants and donations. When those are counted, we suspect that funding appears fairer to all schools. SB 213 previously reported: LL#4, p. 39; LL#6, p. 63; LL#7, p. 74. Sally Augden Christine Watson Senate Vote on SB 260 ADMINISTRATION STATE SALARIES GOVERNMENT NEW SB 274 Adjust State Officials Salary and Restore Compensation Commission (Sen. Steadman; Reps. Levy and Gerou) (support) Colorado is fortunate that the state-wide elected officials we have, and have had, generally, have been highly qualified and dedicated public servants. Many of them have taken significant cuts in pay to serve and, even then, have supplemented income with outside activities such as public speaking and teaching. League of Women Voters has long believed that salaries of statewide elected officials (and legislators), which have not risen in more than a decade, are too low. Salaries that are too low relative to the skills required for the jobs pose risks of small candidate pools and of turnover before a term ends. SB 274 proposes to increase salaries of the Governor, Lt. Governor, Attorney General, treasurer, and Secretary of State by loosely tying the salaries to those in the judicial department. For example, the governor would be paid at the same rate as the Chief Justice, as of the time the new governor takes office. This salary would remain in place as long as that person is governor. The bill specifies that the adjustment takes place in 2019, when all current holders of the jobs will have left office. The bill also revives the lapsed Colorado state officials' compensation commission, specifies a new composition, and directs the commission to study and report recommendations for adjusting salaries for legislators, compensating Boards of Regents, and adjusting the state-funded portion of District Attorney compensation. We support this bill but think it does not go far enough. The time table should be moved up to SB 274 has been assigned to Senate State Affairs. Christine Watson FISCAL POLICY ENTERPRISE ZONE REFORM HB 1142 Urban and Rural Enterprise Zone Act Reform (Rep. Hullinghorst; Sen. Heath) (support). HB 1142 proposes to change the scope of Enterprise Zone credits by focusing on small investments (likely to come from small businesses) in the various enterprise zones. After taking some time to craft amendments to clarify the amount of the tax credit and carry over provisions, the bill moved swiftly through House Appropriations, a vote by the full House, and through Senate Finance. The vote in House Appropriations was 8-5. Voting Yes: Hamner, Labuda, Pabon, Singer, Tyler, Young, Duran, Levy. Voting No: DelGrosso, Dore, Gardner, Gerou, Sonnenberg. The final House vote on April 9 was On April 16, Senate Finance Committee moved the bill without further amendments to Senate Appropriations by a vote of 3-2. Voting Yes: Jahn, Kerr, Johnston. Voting No: Grantham, Hill. On April 19, Senate Appropriations moved HB 1142 to the floor by a vote of 6-1 with Lambert voting No. Previously reported: LL#4, p. 36; LL#7, p. 71. Christine Watson LL#8, p. 84

5 THE FINAL BUDGET Although the House made some worthy amendments to the Long Bill (SB 230) (Sen. Steadman; Rep. Levy) (watch), in the end, the House version was rejected, and the Senate version became the budget, with a few changes made in conference committee. Colorado Oil and Gas Conservation Commission will have five new inspectors, one new environmental specialist, and one new engineer funded in the Long Bill. (This is independent of action that might result from SB 202.) There will be an additional $573,000 in General Fund (with a federal match) for treatment of breast and cervical cancer. Unfortunately, a proposal to make $3 million available for merit based college scholarships was defeated in a dispute over whether the Long Bill could direct that the funds be open to undocumented students. On April 12, the Senate repassed the budget as before ( ). The House repassed the budget by a vote of It now goes to the Governor. Previously reported LL #7, pg. 69. Christine Watson ELECTIONS UNCONTESTED PRIMARIES CONTINUE HB 1067 Cancel Primary Major Pol Party No Contested Races (Rep. Murray and Labuda; Sen. Roberts) (support) Previously heard in House State Affairs and laid over for committee discussion only on February 4 th, the bill was finally addressed again on April 10 th and PI'd on a 6 5 vote. Those voting to PI were Foote, Melton, Moreno, Williams, Salazar and Ryden and those opposed were Dore, Humphrey, Labuda, Nordberg and Scott. Previously reported LL#1, p. 8; LL#3, p. 23. Carol Tone GUN CONTROL ON-LINE TRAINING BAN ADVANCES IN HOUSE After passing the Senate on a vote of on March 11, SB 197 No On-Line Training for Concealed Handgun Permits (Sen. Tochtrop; Rep. May) (support) travelled to the House and was heard in House Judiciary on March 28. There was no testimony in opposition to the bill. One supporter, Chief John Jackson representing the Colorado Assn. of Chiefs of Police, described the rigorous standards of training for police officers: 64 hours in areas of safety, carrying, handling and maintenance; annual refresher courses are 16 hours. Others testifying in support, including League, expressed LL#8, p. 85 the opinion that this bill is necessary but could go even further in requiring hands-on training with a firearm. The bill passed without amendments on a vote of 8-3. Voting Yes: Buckner, Court, Gardner, McLachlan, Pettersen, Salazar, Lee, Kagan. Voting No: Lawrence, Murray, Wright. The bill passed 2 nd Reading unamended on April 19. Previously reported: LL#5, p. 48; LL#6, p. 60. Leslie Chomic IMMIGRATION LICENSES FOR THE UNDOCUMENTED NEW SB 251 Driver's License & Identification Documentation (Sen. Ulibarri & Morse; Rep. Melton) (support) This bill repeals a prohibition against issuing a driver s license or identification card to a person who is not lawfully present in the U.S. This bill sets documentary standards for proof of identity and residency. To be licensed the person must prove the payment of taxes and provide: the applicant s country of origin, a valid passport, consular ID, or military identification. A person may provide an individual taxpayer ID number instead of a social security number. A driver s license or ID card will indicate that the document is not REAL ID compliant. Testimony for the bill included a long list of supporters. No opponents testified. An amendment added to keep Colorado in compliance with the Department of Homeland Security will clarify that this is a separate category of license and will be marked on the front with the words not REAL ID compliant. The license would not work for voting or boarding a plane. Maryland just recently passed a driver s license that met Homeland Security requirements. Sen. Ulibarri is working on the Colorado bill using Maryland s as a model. Other states with license like this are Washington, Illinois, Wisconsin, California, and New Mexico. (New Mexico is working on REAL ID compliance.) The Colorado Attorney General s office is also working on the implications of the REAL ID to avoid any challenges later. Just a note about the REAL ID ACT of 2005, a federal law. That act is an effort to strengthen the security, authentication and issuance standards for state Driver Licenses and ID cards. Purposes for the REAL ID include boarding commercial aircraft, accessing federal facilities that require identification to enter, and entering nuclear power plants. All of this came about after the events of 9/11/2001. The law is being phased in over several years for all U.S. residents to have a REAL ID compliant card or license.

6 It is estimated by the Pew Hispanic Center that there are 60,000 eligible for this license. This license will affect the safety on the road for all of us. Passing the driving test and securing insurance is a benefit for the common good. This license will benefit the recipients who do not presently have a license or ID. They risk being arrested, deported and, of course, separated from their families. Testimony from Chiefs of Police organization cited a decrease in hit-and-run as an outcome of safe driving by licensed drivers. Passed Senate Judiciary Committee on a 3-2 vote, Guzman, Ulibarri, Aguilar voting Yes, King and Lundberg voting No. The bill has been sent to Appropriations. Marian Katz JUSTICE SYSTEM LEAVING IMMIGRATION TO THE FEDS HB 1258 Community and Law Enforcement Trust Act (Rep. Salazar; Sens. Aguilar & Carroll) (support) This bill repeals a portion of statutes passed in 2006 that addressed cooperation with federal officials with regard to immigration. It essentially charged local law enforcement with carrying out immigration laws. A broad coalition of law enforcement agencies found it detrimental, not helpful. Repeal will promote public safety, community policing, and civil liberties and does not limit the state or local government responsibilities. This will save local governments a significant amount of time, energy, and resources. It passed the Senate on a vote of and is going to the Governor. Previously reported: LL#6, p. 60. Marian Katz Senate Vote YOUTHFUL OFFENDER BILL TO HOUSE SB 216 Corrections Youthful Offender System (Sen. Giron; Rep. Rosenthal) (support) was heard in Senate Judiciary on April 8. It passed unanimously to the Committee of the Whole. There was no testimony against the bill in committee. In response to a question from the committee, there was testimony that it was an unfortunate and inconvenient oversight that the original statute had been allowed to LL#8, p. 86 expire. Some judges have been delaying sentencing of some offenders until the statute is restored. On April 15, the bill passed 3 rd Reading in the Senate unanimously and has been assigned to House Judiciary where it is scheduled for hearing on April 26. Previously reported: LL#6, p. 61. Carla Bennett REHABILITATION ADVANCES SB 123 Collateral Consequences (Sen. Steadman; Rep. Levy) (support) proposes means by which a person convicted of both petty and felonious offences can earn some protection from the collateral consequences of the conviction. The scaled down bill, which refers questions of sealing of records of serious offenses to the Commission on Criminal and Juvenile Justice (CCJJ), passed Senate Appropriations unanimously. The full Senate approved it on April 18 unanimously. It now awaits hearing by House Judiciary Committee. Previously reported: LL#4, p. 36; LL#7, p. 72. Christine Watson JUVENILE JUSTICE RESTORATIVE JUSTICE PROGRESSES HB 1254 Restorative Justice (Rep. Lee; Sen. Newell) (support) passed out of House Judiciary on March 26 by a vote of 6 to 4 and was sent to House Finance because the bill creates a $10 surcharge on all crimes to support a restorative justice fund. Voting Yes: Buckner, Court, Pettersen, Salazar, Lee, Kagan. Voting No: Gardner, Lawrence, Murray, Wright. Rep. McLachlan was excused. During the testimony, representatives from a victim s organization and the District Attorney s Council spoke about their concerns about the bill and their opposition to it as written. The sponsor offered amendments that addressed some of their concerns and offered to work with them on additional amendments. On April 10, the bill passed out of House Finance by a unanimous vote with Reps. Joshi, Saine, and Labuda excused. Rep. Lee had more amendments addressing the concerns that were expressed in House Judiciary. The Finance committee sent the bill back to House Judiciary for consideration of those amendments because they did not concern the financial aspects of the bill. House Judiciary reheard the bill on April 11 and passed it to Appropriations with more amendments. The vote

7 was 7 to 4. Voting Yes: Buckner, Court, Levy, Pettersen, Salazar, Lee, Kagan. Voting No: Gardner, Lawrence, Murray, Wright. The bill was amended to: To better protect victims rights and to allow them more say in the process To prohibit the juvenile who wants to participate in restorative justice practices from contacting the victim directly To add law enforcement agencies to the entities who are allowed to initiate restorative justice practices To establish guidelines for the pilot program On April 17, House Appropriations passed the bill to the Committee of the Whole on a vote of Voting Yes: Rep. Hamner, Labuda, Pabon, Singer, Tyler, Young, Duran, Levy. Voting No: Rep. DelGrosso, Dore, Gardner, Gerou. Rep. Sonnenberg was excused. The bill passed 3 rd Reading on April 19, The pilot program contained in the bill is groundbreaking because it allows for the use of restorative justice practices prior to filing charges and offers the offender an opportunity to avoid having charges filed against him/her if he/she successfully completes the program. Previously reported: LL #5, p. 48. EXPUNGEMENT BILL PASSES THE HOUSE HB 1082 Expunging Juvenile Delinquency Records (Rep. Labuda, Sen. Steadman) (support) passed 3 rd reading in the House on April 11 by a vote of 45 to 17 with 3 excused. It has been assigned to Senate Judiciary and is scheduled for hearing on April 24. Previously reported: LL #3, p. 25; LL #6, p. 61; LL #7, p. 73. All reported by Carla Bennett VOTING RIGHTS EASIER REGISTRATION BECOMES LAW HB 1147 Voter Registration At Public Higher Ed Institution (Rep. Melton; Sen. Newell) (support) passed Second Reading on April 2 nd and Third Reading the next day with 19 voting in favor, 15 opposed and 1 excused. It has been signed by the Governor. Previously reported: LL#2, p. 14; LL#5, p. 53; LL#6, p. 61 Carol Tone Senate Vote INTERIM COMMITTEE BILL ADVANCES HJR 1019 Juvenile Defense Attorney Interim Committee (Reps. Levy, Navarro; Sens. Giron, Harvey) (support) passed 3 rd Reading in the House on April 11 by a voice vote. On April 15, it passed out of Senate Judiciary to the Legislative Council. The vote was unanimous. Legislative Council will determine priorities for interim committees. There is funding for about four. Previously reported: LL#7, p. 72. LL#8, p. 87 PREREGISTRATION PASSES SENATE HB 1135 Voter Preregistration at Age 16 (Rep. Singer; Sen. Kerr) (support) The previously reported bill, as amended by the Senate State Affairs Committee, was heard on April 12 th in Senate Appropriations. An amendment changed the source of the moneys to be allocated to information technology services for the implementation of this act. A one-time allocation of

8 $26,640, as necessary, would be moved from the department of state cash fund to the department of state. The bill, as amended, was sent by a 4-3 vote to the Committee of the Whole. Voting in favor were Heath, Ulibarri, Steadman and Hodge; opposed were Harvey, Lambert and Renfroe. On April 18, the bill passed Second Reading with an amendment that a person may only preregister to vote at driver s license examination facilities on or after January 1, This would be repealed effective July 1, After a vote to remove the safety clause, the bill passed Third Reading on April 19 on a vote of The bill will now return to the House for concurrence. Previously reported: LL#2, p. 14; LL#5, p. 53; LL#6, p. 62. Carol Tone Senate Vote electricity sales Colorado for , 6% for and 10% for 2020 and beyond. Currently, there is no requirement for G&T CEAs that provide wholesale electricity to CEA members. Because CEAs serve a large portion of Colorado, we believe that this legislation is an important step. However, the schedule for achieving the new standard may be difficult to meet, and for that reason, we support the legislation in part. The bill passed the Senate on 4/15/13 on an vote. Sigrid Higdon Senate Vote SOCIAL POLICY CHILDREN S ISSUES ENERGY NATURAL RESOURCES INCREASE RENEWABLE ENERGY SB 252 Renewable Energy Standard Retail Wholesale Methane (Sen. Morse & Sen. Schwartz; Rep. Ferrandino & Rep. Duran) (support in part) will increase from 10 to 25 percent the share of retail electricity sales that must achieved from renewable energy sources by the year 2020 by Cooperative Electric Associations (CEAs) serving more than 100,000 meters. The maximum allowable retail rate impact for CEAs is raised from 1% to 2%. Generation and transmission (G&T) CEAs providing wholesale electricity to CEAs in Colorado are also subject to this increased standard and retail rate beginning in For purposes of meeting this new standard, use of coal mine methane and synthetic gas produced by pyrolysis to generate electricity will be eligible if the PUC determines that it will not result in a net increase in Greenhouse gas emissions. CEAs serving fewer than 100,000 meters will need to meet a distributed generation requirement of 1% of total electricity sales. At present, the Renewable Energy Standard requires CEAs to generate or purchase enough renewable energy to meet the following schedule: 3% of its retail CHILD ABUSE HOTLINE MOVES ON HB 1271, Child Abuse Reporting Hotline & Child Welfare Rules (Sens. Newell & Nicholson; Reps. Singer and May) (support) concerns the Child Abuse and Neglect Hotline. Currently each of Colorado s 64 counties operates its own child abuse hotline. The hotline functions as the way in which families are brought to the attention to the Department of Human Services. This is one of the malfunctions of the system that contributed to the deaths of the children in the Post feature articles, Failed to Death. HB 1271 would set up a steering committee to set up a system that would offer a state level Hotline to supplement county efforts. Each county would have access to a 24 hour hotline and would be required to offer 24 hour service to its residents. There would be efforts to make consistent standards over the 64 counties. Counties could band together as well as join with the state. A publicity campaign would provide information to Colorado residents about the Hotline. The bill passed out of the House Public Health and Human Services Committee on a vote of 8 to 5 and went to Appropriations. Voting Yes: Landgraf, May, McCann, Schafer, Singer, Tyler, Young, Primavera. Voting No: Conti, Everett, Joshi, Stephens, Wilson. In Appropriations an amount was identified to modify LL#8, p. 88

9 technology at the state level. It passed to the full House 11-1 with DelGrosso voting No and Sonnenberg Excused. It was amended on the House floor to require a person with knowledge of the 911 system be on the steering committee. On April 19, the billed passed 3 rd Reading by a vote of Previously reported LL#6, p. 62. Roberta Long-Twyman IMPROVE CHILD FATALITY REVIEWS NEW SB 255 Statutory Changes to Child Fatality Review Teams (Sens. Kefalas, Newell; Reps. May, Singer) (support) was introduced on April 9 after extensive consultation with all the stakeholders. It was heard in Senate Health and Human Services on April 18 and passed with amendments by a vote of 5 to 2. Voting Yes: Sen. Kefalas, Nicholson, Roberts, Newell, Aguilar. Voting No: Sen. Lundberg, Crowder. The bill makes changes to Colorado s child fatality review process in an effort to increase its effectiveness. Colorado has a two pronged state-level child fatality review process. There is a review by a team located in the Department of Public Health and Environment (CDPHE) which looks at all child fatalities (including those from abuse/neglect) except for those from natural causes. This review looks for trends in child deaths. The Colorado Department of Human Service (CDHS) conducts reviews after an incident of egregious child abuse/neglect, a near fatality or a child fatality that involves a suspicion of abuse/neglect and the child/family has had previous involvement with a county department within 2 years of the incident. There are also supposed to be local child fatality review teams in each judicial district; however, only 4 of 22 districts have them. Some of the important parts of the bill as amended are: It requires county or district public health agencies to establish local or regional child fatality review teams to review specific cases of specified child fatalities in the team s service area and report findings to the state database system to help develop a community approach to the systemic issues that might help prevent future child fatalities. Local teams will also report their findings to agencies that are responsible for children. If a child abuse/neglect fatality case has not been reviewed by the local/regional team, the CDPHE state team will conduct the review. The state review team will review the individual case findings of the local/ regional teams and submit a report making recommendations regarding systemic trends that may help prevent future child fatalities. The state review team will provide training and technical assistance to the local/ regional teams and, subject to available appropriations, administer funding to the local or district public health agencies to support their local or regional review teams. The CDHS team must review cases where the child/family had had involvement with the county department within the past 3 years (increased from 2 years). The CDHS team must make annual policy recommendations addressing systems involved with children and to follow up on those recommendations. A representative from the Office of the Child Protection Ombudsman is added to the CDPHE review team. The CDHS and CDPHE teams are required to collaborate to make joint recommendations to the governor and legislature. The bill has a significant fiscal impact and an amendment was passed to address that. The training and technical assistance for the local/regional teams must be provided through federally funded training programs. If those are not available, the state may provide that assistance subject to available appropriations. Carla Bennett IDENTITY THEFT BILL PASSES SENATE SB 47 Youth in Foster Care and Identity Theft (Sen. Newell; Rep. Fields) (support) passed unanimously out of Senate Appropriations on April 5. On April 12, it LL#8, p. 89

10 passed 3 rd Reading in the Senate. The vote was 33 to 0 with Sens. Harvey and Scheffel excused. The bill has been assigned to House Public Health and Human Services and is scheduled to be heard on April 23. Previously reported: LL#2, p. 15; LL#3, p, 27. Carla Bennett YOUTH DEVELOPMENT PLAN ADVANCES HB 1239 Creation of a Statewide Youth Development Plan (Rep. McCann; Sen. Hodge) (support) passed out of House Health, Insurance & Environment to Appropriations on March 28. The bill passed by a vote of 6 to 5. Voting Yes: Fields, Ginal, Primavera, Young, Schafer, McCann. Voting No: Conti, Humphrey, Joshi, Stephens, Swalm. The bill was amended to deal with the possible move of the Tony Grampsas Youth Services (TGYS) Program from the Department of Public Health to the Department of Human Services. This move is contingent upon the passage of HB 1117 Alignment of Child Development Programs. On April 12, it passed House Appropriations by a vote of Voting Yes: Garcia, Gardner, Gerou, Hamner, Pabon, Singer, Tyler, Young, Duran, Levy. Voting No: DelGrosso, Dore, Sonnenberg. It was amended to add an appropriation for the Tony Grampsas Youth Services Fund and to specify that the organizations that apply for this TGYS funding must use the money to assist with independent certification as an evidence-based program. The bill then passed 3rd Reading in the House on April 11 on a vote of It has been assigned to Senate Health and Human Services where it is scheduled for hearing on April 24. Previously reported: LL #6, p. 63. Carla Bennett SENATE APPROVES YOUTH COUNCIL SB 148 Sunset Youth Advisory Council (Sens. Kefalas & Roberts; Rep. Peniston) (Support) This bill extends the Youth Advisory Council indefinitely. This group was established in The Council is composed of 40 voting 14- to 19-year-olds on the committee and four non-voting members from the General Assembly and is charged with working with state and local groups. Senate Appropriations voted 5-2 to send the unamended bill to the Senate Committee of the Whole on April 5. Voting against the bill were Harvey and Renfroe. The bill passed the Senate Third Reading on April 10 by a vote of Previously reported: LL #5, p. 49. Barbara Whinery Senate Vote EDUCATION ENGLISH LANGUAGE ACQUISITION NEW HB 1211 English Language Proficiency Programs (Reps. Buckner & Navarro; Sens. Kerr & Roberts) (support) This bill repeals and reenacts the existing English Language Proficiency Act (ELPA). Under the existing law, funding for a student with limited English proficiency (ELL) is limited to 2 years, and funds are allocated to school districts. Under the new ELPA, the time for funding expands to 7 years and each ELL is funded at the same level. Funding is based on certification of the number of ELLs that a local education provider enrolls. There is a disagreement between the JBC Staff and Legislative Council Staff about the fiscal impact of the bill. The bill was amended to address the fiscal impact of the bill as it relates to SB 213 Future School Finance Act. The bill itself with the amendments is lengthy and deals with identifying ELLs, developing curriculum, evaluation, and testing as well as the funding. As amended, the bill passed the House on April 8 on a vote of with Everett and Saine voting No, and Labuda, Landgraf, and Szabo Excused. It was sent to the Senate and assigned to the Education Committee. Marian Katz LL#8, p. 90

11 HIGHER EDUCATION SEVERAL BILLS MOVE FORWARD HB 1005 Basic Ed & Career & Tech. Ed Pilot Program (Reps. Fields & Buckner; None) (Watch) This bill was recommended by the Educational Success Task Force and would require that the State Board of Community Colleges and Occupational Education (SBCCOE) to design new certification programs that would allow unemployed and underemployed adults to obtain career and technical education certificates in 12 months or less. The House Appropriations voted 9-0 to refer the amended bill to the full House on April 9. The amended bill passed the House Third Reading on April 11 by a vote of On April 12, the bill was introduced in the Senate and assigned to Education. Previously reported: LL#2, p. 16; LL#3, p. 28. Committee voted 6 to 5 to send the amended bill to House Appropriations. Voting No were DelGrosso, Holbert, Navarro, Nordberg, and Szabo. The House Appropriations Committee voted 8 to 3 on April 17 to refer the amended bill to the full House. Voting against the bill were Dore, Gardner and Gerou. DelGrosso and Sonnenberg were excused. The bill passed the House on April 19 by a vote of Previously reported: LL#5, p. 50. HB 1004 Colorado Careers Act of 2013 (Reps. Duran & Melton; Sen. Kerr) (Watch) Creates a Career Pathway Program in the Division of Employment and Training in the Colorado Department of Labor and Employment (CDLE). Grants would be provided to develop the pathway programs that would enable unemployed and underemployed persons to acquire additional academic and employment training, professional certifications, and job placement. On April 10, the House re-referred the bill back to Committee. On April 11, the House Committee on Business, Labor, and Economic Workforce Development heard the rereferred bill. It appears that the bill has been amended to include a re-conceptualized model that would focus only on training those who are having difficulty in finding employment. Also, there was an amendment to reduce the number of individuals this bill was required to serve by 1,800 from July 1, December 30, This revision could reduce administrative costs. The Fiscal Note remains the same, $2.3 million, for each of the fiscal years of and The LL#8, p. 91 HB 1165 Creation of a Manufacturing Career Pathway (Rep. Wilson; Sen. Heath) (Support) requires that the State Board for Community Colleges and Occupational Education collaborate with the Department of Higher Education, the Colorado Department of Education, and the Colorado Department of Labor to design a career pathway for students seeking employment in the manufacturing sector. The program would include middle school through post-secondary education. House Appropriations reduced the fiscal impact. The new costs reduced the $1 million expenditure in to $474,600. On April 12, the Appropriations Committee voted 13-0 to send the amended bill to the full House. The amended bill passed Third Reading on April 15 by a vote of The bill was assigned to Senate Education on April 16. Previously reported: LL#5, p. 50.

12 HB 1244 Continuation of Ed Success Task Force (Reps. Fields & Young; Sen. Hudak) (Watch) An amended bill to extend the Educational Success Task Force to July 1, Currently the Committee is scheduled to end on July 1, The amended bill passed the House Third Reading on April 9 by a vote of The bill was introduced in the Senate and assigned to Education on April 9. The bill was referred to the Legislative Council on a vote of 5-4. Voting Yes: Health Kerr, Todd, Johnston, Hudak. Voting No: Hill, Marble, Renfroe, Scheffel. Previously reported: LL#7, p. 77. All reported by Barbara Whinery INCOME ASSISTANCE SENATE APPROVES TAX CREDITS SB 1 Colorado Working Families Economic Opportunity Act (Sens. Kefalas and Morse; Rep. Kagan) (support) would result in a permanent refundable Earned Income Tax Credit (EITC) and Child Tax Credit for low-income working families. The tax credits won t go into effect unless one of the quarterly economic forecasts in the next three years predicts an increase of $100 million in revenue over the most recent March forecast. After the strike below amendment in State, Veterans & Military Affairs, the committee voted unanimously to send it on to Appropriations, where it received minor amendments and passed 4-3. Voting Yes: Heath, Ulibarri, Steadman, Hodge. Voting No: Harvey, Lambert, Renfroe. It passed Third Reading on April 17 on a vote. Previously reported: LL#7, p. 78. Julie Leonard Senate Vote The Legislative Letter is written by the members of the Legislative Action Committee, edited by Frank Bennett and Chris Watson, and published by the Colorado League of Women Voters every two weeks during the Legislative Session. To subscribe, please contact the League Office at for information about rates and delivery. LL#8, p. 92

13 STATUS SHEET The Status Sheet is a constantly updated list of bills being followed by Legislative Action Committee members. New bills are in boldface. S=Support O=Oppose SIP=Support in Part OIP=Oppose in Part W=Watch or Monitor POLICY AREA S/H BILL # BILL TITLE S/O PAGE STATUS Administration SB 274 Adjust State Officials Salary & Restore Comp Commn S 84 S-SA Administration HB 1037 Cost Of Providing Public Records Under CORA S 8,23 PI'd Administration HB 1041 Procedures For Transmission Of Records Under CORA O 8,23,35,46 Signed Administration HB 1139 Repeal Various Obsolete Entities S 46,59 Signed Children's Issues SB 12 Child Abuse Reporting Youth Sports Organizations S 15,38 Signed Children's Issues SB 47 Youth in Foster Care and Identity Theft S 15,27,89 H-PHCHS Children's Issues SB 148 Sunset CO Youth Advisory Council S 49,90 H-Ed Children's Issues SB 255 Statutory Changes To Child Fatality Review Teams S 89 S-App Children's Issues HB 1117 Alignment Of Child Development Programs W 27,38,63 S-2nd Rdg Children's Issues HB 1239 Creation Of A Statewide Youth Development Plan S 63,90 S-HHS Children's Issues HB 1271 Child Abuse Reporting Hotline & Child Welfare Rules S 62,88 To Senate Education SB 69 Income Tax Credits For Nonpublic Education O 16 PI'd Education SB 193 Increasing Parent Engagement In Public Schools S 49,74 H-Ed Education SB 213 Future School Finance Act W 39,63,74,83 H-2nd Rdg Education SB 260 Financing Of Public Schools SIP 82 H-Ed Education HB 1172 K-12 Public School Accountability O 28,49 PI'd Education HB 1211 English Language Proficiency Programs W 90 S-Ed Elections SB 65 Allow Approval Voting Nonpartisan Local Elections W 12 PI'd Elections HB 1067 Cancel Primary Major Pol Party No Contested Races S 8,23,85 PI'd Elections HB 1303 Create The Voter Access & Modernized Elections Act S 81 To Senate Energy SB 28 Track Utility Data High Performance State Building S 26,38 Signed Energy SB 70 Alternative Fuel Fleet Vehicles S 26,38 To Gov Energy SB 202 Additional Inspections At Oil & Gas Facilities S 62 H-T&E Energy SB 252 Renewable Energy Standard Retail Wholesale Methane SIP 88 H-T&E Energy HB 1267 Increase Maximum Penalty Oil Gas Violations S 74 S-SA Energy HB 1269 Reduce Conflict Of Interest Oil And Gas Commission W 73 S-SA Equal Opportunity SB 11 Civil Unions S 9,17,40,52 Signed Equal Opportunity SB 184 Discrimination In Public Accommodation Crime S 40,52,65,71 To Gov Equal Opportunity HB 1166 Repeal Crimes With Marital Status As Element S 37,52,65 Signed Fiscal Policy SB Long Appropriations Bill W 69,85 To Gov Fiscal Policy HB 1142 Urban And Rural Enterprise Zone Act Reforms S 36,71,84 S-2nd Rdg Fiscal Policy HB 1144 Eliminate Cigarette Sales and Use Tax Exemption S 12,24,46 Concur. Gun Control SB 9 School Board Policies Allowing Concealed Carry O 13,21 PI'd Gun Control SB 62 Require Security At No-firearms Businesses O 13,21,23 PI'd Gun Control SB 140 No Federal Laws Concerning Colorado Firearms O 22,72 PI'd Gun Control SB 195 No On-line Training For Concealed Handgun Permits S 48,60,85 H-3rd Rdg Gun Control SB 197 No Firearms For Domestic Violence Offenders S 47,71 H-3rd Rdg Gun Control HB 1043 Modify Definition Of Deadly Weapon S 13,34 Signed Gun Control HB 1048 Deadly Force Against Intruder At A Business O 13,21 PI'd Gun Control HB 1085 Change Possession Of Weapons By Previous Offender O 13,22,34 PI'd Gun Control HB 1162 Concealed Handgun Carry No Permit O 21,34 PI'd Gun Control HB 1169 No Background Check With Concealed Carry Permit O 22,34 PI'd Gun Control HB 1170 Policies Allowing Concealed Carry In Public Schools O 21,34 PI'd Gun Control HB 1187 No New Federal Firearms Laws O 22,34 PI'd Gun Control HB 1224 Prohibiting Large-capacity Ammunition Magazines W 22,33,46,60 Signed Gun Control HB 1226 No Concealed Carry At Colleges S 22,33,46 Lost LL#8, p. 93

14 Gun Control HB 1228 Payment For Background Checks For Gun Transfers S 22,33,48,59 Signed Gun Control HB 1229 Background Checks For Gun Transfers S 22,34,48,59 Signed Health Care SJR 21 Interim Committee Study Health Care S 76 H-HIE Health Care SCR 2 Colorado Health Care Cooperative W 76 Lost Health Care SB 8 Eliminate Waiting Period Under CHP+ S 10 Signed Health Care SB 124 Requirements Of Insurance Intermediaries W 29,64 PI'd Health Care SB 137 Improving Medicaid Fraud Detection S 77 H-2nd Rdg Health Care SB 144 Exempt Certain Hospitals Info Financial Assistance O 30 PI'd Health Care SB 200 Expand Medicaid Eligibility S 45,64,75 H-PHCHS Health Care SB 222 Improve Access Childhood Immunizations S 76 H-HIE Health Care HB 1078 Repeal Colorado Health Benefit Exchange O 17,29 PI'd Health Care HB 1088 Office of Health Equity CDPHE S 29,64 Signed Health Care HB 1111 Regulate Naturopathic Doctors W 40 To Senate Health Care HB 1115 CoverColorado Repeal S 18 S-2nd Rdg Health Care HB 1121 Pharmacist Substitute Biosimilar Products W 17 S-HHS Health Care HB 1245 Funding Colorado Health Benefit Exchange S 75 To Senate Health Care HB 1266 Health Insurance Alignment Federal Law S 64,75 S-HHS Health Care HB 1290 Modernize Stop-loss Health Insurance S 75 H-3rd Rdg Higher Education SB 33 In-state Classification CO High School Completion S 11,51 To Gov Higher Education SB 165 Community Colleges Limited Number Bachelor Degrees S 29 PI'd Higher Education HB 1004 Colorado Careers Act Of 2013 W 50,91 To Senate Higher Education HB 1005 Basic Ed & Career & Tech Ed Pilot Program W 16,28,91 S-App Higher Education HB 1165 Creation Of A Manufacturing Career Pathway S 50,91 S-Ed Higher Education HB 1194 In-state Tuition For Military Dependants S 51,65 S-App Higher Education HB 1244 Continuation Of Ed Success Task Force W 77,92 To LC Immigration SB 251 Driver's License & Identification Documentation S 85 S-2nd Rdg Income Assistance SB 1 Colorado Working Families Economic Opportunity Act S 78,92 H-SA Income Assistance SB 127 Sales Tax Revenue To Older Coloradans Cash Fund S 41,78 H-Fin Income Assistance SB 194 Repeal Low-income Telephone Assistance Program S 52,65,78 Signed Income Assistance HB 1055 Colorado Works Redetermination Of Eligibility S 10,18,30,41,52 Signed Justice System SB 7 Eliminate Repeal of CCJJ S 8,24,37,61 H-3rd Rdg Justice System SB 123 Collateral Consequences S 36,72,86 H-Jud Justice System SB 216 Corrections Youthful Offender System S 61,86 H-Jud Justice System HB 1258 Community And Law Enforcement Trust Act S 60,86 To Gov Justice System HB 1264 Repeal Of The Death Penalty S 57,72 PI'd Justice System HB 1270 Refer Repeal Of Death Penalty To Citizen Vote W 57,72 PI'd Juvenile Justice HJR 1019 Juvenile Defense Attorney Interim Committee S 7287 To LC Juvenile Justice HB 1082 Expunging Juvenile Delinquency Records S 25,61,73,87 S-Jud Juvenile Justice HB 1254 Restorative Justice S 48,86 To Senate Reproductive Choice HB 1032 Offenses Against Unborn Children O 30 PI'd Reproductive Choice HB 1033 Abortion Ban O 18, 41 PI'd Reproductive Choice HB 1081 Comprehensive Human Sexuality K-12 Education S 19,30,53,66 Concur. Reproductive Choice HB 1154 Crimes Against Pregnant Women Act S 30,66 S-App Violence Prevention SB 111 Require Reports Of Elder Abuse And Exploitation S 42,78 H-Jud Voting Rights HB 1038 Voting Rights Persons In Youth Corrections Custody S 9,14,25,54 Signed Voting Rights HB 1050 SOS Cancellation Of Noncitizen Voter Regis Records SIP 14,25 PI'd Voting Rights HB 1135 Voter Preregistration At Age 16 S 14,53,62,87 Concur. Voting Rights HB 1147 Voter Registration At Public Higher Ed Institution S 14,53,61,87 Signed Water SB 19 Promote Water Conservation S 26,74 To Gov Water HB 1018 Beneficial Use Produced Water Dust Suppression S 15 PI'd Water HB 1044 Authorize Graywater Use S 9,27,74 S-App LL#8, p. 94