from the desk of Pamela Bisceglia, Executive Director

As I ready this E-Voice for print, Coloradoans are still sorting out the flurry of final changes made to the Long Bill by Colorado lawmakers. We live in one of the wealthiest states and yet we made profound cuts to Medicaid in order to balance the budget. The cuts to public benefits disproportionately impact children and adults with intellectual and developmental disabilities. Among the budget drivers that Colorado lawmakers and Joint Budget Committee point to each year are Colorado taxpayer policies (Tabor and Gallagher); opinion in relation to these policies will need to wait for another day—shared over dark chocolate outside of the workday.

I had an opportunity to reflect on different publications, letters, concerns, recommendations, writings that ADVOCACYDENVER has issued over the last decade in relation to Health Care Policy and Financing (HCPF), the state’s department that runs Medicaid. May 2023, we published an E-Voice that discussed HCPF’s launch of their new IT system and Care and Case Management System (CCMS). To date, the contractor for this project is still trying to correct the system. HCPF has paid between 20 and 30 million dollars for a system that is not yet completely functional. The contractor has not met their obligation, and HCPF does not demand a remedy.

Boots on the ground advocates, advocacy leaders and parents were not aware of many of the gross errors in HCPF spending until legislative hearings for this budget cycle. ADVOCACYDENVER was focused on a list of HCPF blunders that impact children and adults with disabilities. Among the items on our list:

• Phase I case management redesign in the metro area. Phase I rolled out with deep and broadly consequential flaws. HCPF forbid case management agencies from providing any written information to their clients. HCPF sent written information at the last minute. After assigning clients to the wrong case management agency HCPF realized that counties share zip codes, As a result, HCPF had assigned a significant number of children and adults to the wrong case management agencies. 
• Beginning November 2023, HCPF inappropriately removed thousands of individuals from long term disability Medicaid rolls.  This error resulted in a domino effect that led to asignificant backlog in case management and county intake, escalations and appeals.

Disability advocates asked HCPF to wait until the case management system was stable before introducing any further changes. After initially agreeing that they would not implement changes that would further destabilize the system, they continued to rush to implement additional changes. 

October 22, 2024, AdvocacyDenver sent an email on behalf of a list of stakeholders to the Governor’s office and copied to the Joint Budget Committee “JBC” that outlined ongoing concerns with HCPF. Advocates, parents, and other disability agencies provided recommendations to resolve stated issues. First and foremost, the community asked that:

The Governor/Joint Budget Committee assign a Special Master to monitor HCPF and that that person(s) report to the Governor and the Joint Budget Committee. That person should have the authority to correct HCPF, and demand that HCPF provide a Corrective Action Plan and provide bi-weekly reports of progress in meeting the objectives defined in the plan. . .

The Governor’s office sang their praises of HCPF but encouraged ongoing discussion and collaboration. We saw little substantive difference as a result. What was different was that Kim Bimestefer, HCPF Executive Director, started to attend some meetings with parents and advocacy leaders with Bonnie Silva, Director, Office of Community Living.   

On March 17, 2025, the Colorado chapters of The Arc issued the following statement:

We anticipate that Medicaid funding will be cut at a national as well as a state level. Members of the disability community, including persons with lived experience and boots on the ground advocates believe it is important that we have a voice at the table in terms of potential cuts/restructure. In addition, we want to identify the “nonnegotiable”, areas where we advocate that Medicaid funding remain constant. Recommendations speak to services for Medicaid eligible individuals’ birth through life. 

• No caps on waivers
• Payment for medication, physical health services
• Home health services
• No cuts in provider rates

Kim Bimestefer was silent. Bonnie Silva asserted that the Governor provided their marching order. In JBC meetings HCPF asserted that children and adults with intellectual and developmental disabilities cost the most per client/member and consume the larger share of HCPF funds such was the reason that decisions disproportionately impact that community. Ms. Silva and other government leaders begin a narrative that families were misusing the system. The narrative that Ms. Silva and Ms. Bimestefer did not forward was the gross mismanagement under their leadership. 

Starting July 1, HCPF will be instituting cuts that disproportionately impact members of the IDD community. At the time of this publication, the most painful cuts that have been approved include: 

• A 56-hour weekly cap for family caregivers. HCPF will allow case management agencies to make limited exceptions. Other exceptions will have to be submitted and approved by HCPF. Word on the street is HCPF will not approve any exceptions.
• IDD waitlist “churn” slowdown. Two people will need to come off the IDD waiver (move to another state or die) before one person can move off the waitlist.

February 27, 2019, The Arc of Colorado and volunteers placed 2,900 flags on the grounds of Colorado Capitol to represent each adult with an intellectual and developmental disability on the waitlist. Today there are 2,800 on the waitlist with the potential to double due to the 2026 budget cuts.

ADVOCACYDENVER asserts that a constant issue in relation to HCPF leadership has been centered around transparency and accountability. These issues were prominent during the Joint Budget Committee special sessions beginning Spring 2025, to date. In past years HCPF leadership was able to shmooze their way through hearings and argue about the need for additional staff funding with the Joint Budget Committee. This year much of the discussions and questions pointed to the lack of accountability and multimillion dollar errors:

• Erroneous removal of 575,605 Coloradans from the state Medicaid system between May 2023-May 2024.
• Overpayment of hundreds of millions of dollars for non-emergency transportation between 2021 and 2024. HCPF reimbursed providers at10 times rates they should have paid out and ignored alerts from these same providers.
• Overpayment of non-wheelchair transportation providers at an additional cost of 33 million dollars in the 2025-2026 budget.
• An estimated 77.8 million improper payment for Applied Behavioral Analysis.

In April 2026, Kim Bimestefer resigned from HCPF under threat of a vote of “no confidence” by the legislature. The Governor names Gretchen Hammer as the interim executive director. Ms. Hammer will have her work cut out for her as she tries to turn the Titanic around. The Joint Budget Committee provided full time allocations so that HCPF can try to recover overspending/overpayment that was their making. In the meantime, our children and our adults will bear the fallout of HCPF’s overspending, lack of accountability and transparency.

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In this edition of Policy Perspective, ADVOCACYDENVER shares some details on the second of two proposed pieces of legislation that would provide additional protection’s for students in Colorado. ADVOCACYDENVER stands in support of this legislation.

A group of federal laws establish the rights and protections for students with disabilities who attend public schools. These include Section 504 of the Rehabilitation Act of 1973 (Section 504), the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). Since their enactment, these laws have been clarified in numerous decisions by federal district courts and the U.S. Supreme Court and in rules and regulations issued by the federal government. Collectively, federal law provides robust, though certainly imperfect, guidance and requirements for schools as they provide a free and appropriate education (FAPE) to each student with a disability from ages 3 to 21. Further, federal law provides clear accountability processes for students and their families to use when schools fail to meet their obligations for students with disabilities.

The earliest of the laws above, Section 504, establishes fundamental civil rights for students with disabilities:

“No otherwise qualified individual with a disability in the United States… shall solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” 29 USC 794(a).

Since the creation of the U.S. Department of Education (ED) in 1980, complaints about violations of these civil rights have been investigated and resolved by the Office for Civil Rights (OCR), a unit within the ED. The complaint process through OCR is notoriously slow and has been backlogged for many years. Cuts to the ED and OCR by the current administration, along with its shifts in federal priorities, have further exacerbated the challenge of resolving OCR complaints. By the government’s own reporting, OCR received over 9,200 new complaints between March and September 2025 and opened investigations on only 635 of those complaints. During this same period, OCR resolved over 7,000 backlogged cases. About 90 percent of the dated cases were not actually resolved. Rather, ED outright dismissed these cases.

Aside from submitting complaints to OCR, families have the option of pursuing civil litigation in federal court against schools that violate anti-discrimination laws. Doing so usually requires families to put up substantial financial resources and to find an attorney who specializes in education law. As such, families who are marginalized are rarely able to pursue this option.

Four members of the Colorado General Assembly, Senator Chris Kolker (D-Arapahoe & Jefferson Counties), Senator Janice Marchman (D-Boulder & Larimer Counties), Representative Jennifer Bacon (D-Denver), and Representative Jacque Phillips (D-Adams County) are putting forth a bill this session to help provide Colorado’s students with disabilities and their families the opportunity to pursue state-level enforcement of the civil rights established in Section 504. SB26-125: Disability Rights Protections in Public Schools, if enacted, would enshrine these civil rights in state law and provide state-level procedures to follow when students and families experience discrimination based on disability in public schools in Colorado.

Bill sponsor Senator Chris Kolker has stated,

The federal government has decimated the oversight and investigation pathways for 504 and ADA complaints. Now, Colorado will step in to protect the rights of our disabled students and staff by enshrining these protections into our state law. This bill is paramount for the protection of those with disabilities in our public education system, and I am proud to be a co-sponsor.

Specifically, SB26-125 would:

• Establish in state law the rights and protections granted to students with disabilities by Section 504, IDEA, and the ADA. The rights and protections enumerated in these federal laws are more specific and, at times, extend beyond what is currently written into state law.
• Require districts to establish a grievance process for disability-related discrimination complaints they receive. Following the grievance procedures articulated in Section 504 fulfills this requirement. 
• Require schools to investigate and intervene in cases of disability-based harassment.
• Gives the Colorado Department of Education the authority to investigate and resolve complaints of disability-based discrimination in public schools. Students and families may submit a complaint after completing a district’s grievance process or if the district has not resolved the grievance within 60 days. 
• Allows the Colorado Department of Education to implement corrective measures and conduct monitoring for compliance if a district is found to be in violation.
• Requires each school district to provide annual training on disability rights to relevant staff on an annual basis.

The Senate Education Committee unanimously passed SB26-125 in March, and the bill has been waiting to be heard by the Senate Appropriations Committee since that time. Given the state’s budget challenges this year, the Appropriations Committee may be challenged to find the funding for the bill’s relatively meager $668,000 price tag.

ADVOCACYDENVER is in strong support of SB26-125. Our reasons for doing so, which are consistent with our reasons for supporting HB26-1141, include:

• The bill would make up for a serious gap in the enforcement of federal laws that prohibit disability-based discrimination in public schools. The bill would do so by both enshrining federally established civil rights and protections into state law and by creating a process for resolving complaints at the state level. This process helps to ensure that students with disabilities in Colorado are welcome, safe, and well-served in our schools. 
• By starting with a grievance process, the bill would provide all Colorado families, regardless of background, with a more accessible point of entry into resolution of disability-based discrimination complaints.
• The grievance process will allow for collective problem-solving and serves to promote collaborative relationships between families and schools. Students and families are tethered to the same schools for years at a time. Grievance processes can help to avoid the development of contempt between families and schools that can linger on and on. That said, when families feel the discrimination is severe enough and blatant enough, they can forego the grievance process and enter the formal complaint process right away.
• Grievance processes conduced at a district level are far less expensive than ongoing investigations and litigation. As such, the bill would possibly save districts and families a substantial amount of money over time.
  Finally, the bill would not preclude any federal or civil action. State processes would be put on hold should any federal investigation start.
• Families would still be able to pursue civil litigation against school districts should they feel it is warranted.

ADVOCACYDENVER is concerned by the presumption in the bill’s fiscal note that the legislation excludes Colorado’s Universal Preschool Program. Section 504 and IDEA are explicit on this matter: All public school programs that receive federal financial assistance may not discriminate against students with disabilities between the ages of 3 and 21. While excluding the Universal Preschool Program from the provisions or SB26-125 would save costs for the state, doing so violates a core tenet of existing federal law.

Note from the Executive Director:  The Colorado Department of Early Childhood proposed a fiscal note of 1 million dollars in order for the supervising agency and preschool sites to develop nondiscrimination policies and procedures in relation to children with disabilities.   According to the 2023 Memorandum of Understanding between the Colorado Department of Education and the Colorado Department of Early Childhood Education, these nondiscrimination policies and procedures should already be in place, and all preschool staff should have received training. ADVOCACYDENVER is concerned that with their testimony, The Colorado Department of Early Childhood admits that they are not in compliance with state and federal law. 

https://www.cde.state.co.us/communications/mou-cde-cdec-preschoolspecialeducationservices

Pamela Bisceglia, Executive Director
ADVOCACYDENVER

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

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This edition of Policy Perspective, provides some details on one of two proposed pieces of legislation that would provide additional protection for students in Colorado. ADVOCACYDENVER stands in support of this legislation.

Federal and state laws protect Colorado’s students in PK-12 schools and institutions from discrimination across a wide range of characteristics. Among these laws, Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin in all schools that receive federal funding. Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in these same schools. The Colorado Anti-Discrimination Act and other state statutes prohibit discrimination in public schools that is based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, or national origin.

Although these laws have been enacted for years, enforcement of these laws is notoriously slow, inconsistent, and costly for both families and school districts. Federal databases show that the Office of Civil Rights (OCR) in the U.S. Department of Education, which handles all discrimination complaints about schools for the federal government, currently has 223 open investigations for the state of Colorado alone. Some of these investigations were opened as far back as 2014. In fact, ADVOCACYDENVER has a complaint that has been pending since 2020. These delays have been further exacerbated by severe staffing cuts made at OCR by the Trump administration since January 2025.

Aside from submitting complaints to OCR, families have the option of pursuing civil litigation against schools that violate anti-discrimination laws. Doing so usually requires families to put up substantial financial resources and to find an attorney who specializes in education law. As such, families who are marginalized are rarely able to pursue this option.

Two members of the Colorado General Assembly, Representative Jennifer Bacon (D-Denver) and Senator Chris Kolker (D-Arapahoe & Jefferson County) put forth a bill this session to help provide families and schools with tools to and enforcement procedures when they are discriminated against in the state’s public schools and universities. HB26-1141: Discriminatory Practices in Public Schools, if enacted, would allow state-level enforcement of anti-discrimination laws in ways that are currently not authorized in state law.

Specifically, HB26-1141:

• Defines and clarifies discriminatory education practice beyond what is currently contained in state law.
• Allows a person who is alleging discrimination in education in both public schools and higher education institutions to file a complaint with the Colorado Civil Rights Division.
• Allows the Colorado Civil Rights Division and the state Attorney General to file complaints on behalf of groups of students.
• Requires school districts to first offer families a mediation process before the Civil Rights Commission initiates an investigation into the complaint. Families may decline the mediation offer.
• Requires the Civic Rights Commission to coordinate with the Colorado Department of Education in investigating disputes, as well as determining and implementing how these disputes are to be resolved.
• Requires institutions of higher education to designate a Title VI coordinator and to establish procedures to resolve Title VI disputes.

The House Education Committee passed HB26-1141 in February, and the bill has been waiting to be heard by the House Appropriations Committee since that time. Given the state’s budget challenges this year, the Appropriations Committee may be hard pressed to find the funding for the bill’s relatively meager $815,000 price tag.

Colorado House Assistant Majority Leader and bill sponsor, Representative Jennifer Bacon (D-Denver) stated,

“Colorado schools should be a safe place for children to learn and grow, and if they experience discrimination based on their race, sexual orientation or disability, they should absolutely have a path to righting the wrongs made against them. This bill would create a positive learning environment and ensure access to the quality education that Colorado children deserve, uplifting all students and preparing them for success.”

“It’s really important for state governments to make up for the lack of federal enforcement by strengthening civil rights protections.”

ADVOCACYDENVER is in strong support of HB26-1141. Our reasons for doing so include:

• The bill would make up for a serious gap in federal enforcement of discrimination law in schools and universities by enacting a state process. This process helps to ensure that ALL of Colorado’s students are welcome, safe, and well-served in our schools.
• By starting with a mediation process, the bill would provide all Colorado families, regardless of background, with a more accessible point of entry into resolution of discrimination complaints. Families will not need to hire attorneys to file a claim or engage in mediation.
• Mediation also allows for collective problem-solving and serves to promote collaborative relationships between families and schools. Students and families are tethered to the same schools for years at a time. Mediation can help to avoid the development of acrimonious relationships that can linger on and on. That said, when families feel the discrimination is severe enough and blatant enough, they can forego the mediation and enter the formal complaint process right away.
• The mediation process is far less expensive than ongoing investigations and litigation. As such, the bill would possibly save districts and families a substantial amount of money over time.
• Finally, the bill would not preclude any federal or civil action. State processes would be put on hold should any federal investigation start. Families would still be able to pursue civil litigation against school districts should they feel it is warranted.

In an upcoming issue of Policy Perspective, we will cover the companion bill to HB21-1141. SB-125: Disability Rights Protections in Public Schools would provide state-level protections to students with disabilities that are currently only available through federal law.

ADVOCACYDENVER encourages you to make sure that your voice is heard in the legislative process by writing or calling your state legislators. Tell your story about how legislative decisions will impact your life. To find the names and contact information for your state legislators, look here.

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

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An Interview by Paul Baumann

For this issue of Policy Perspective, I had a conversation with Senator Judy Amabile (D-Boulder), a member of the Colorado General Assembly Joint Budget Committee (JBC). A primary responsibility of the JBC is to prepare the state’s budget for consideration by the Colorado House and Senate. Since the state is facing a budget shortfall of over $1 billion, the JBC will be making numerous budget cuts, including significant cuts to Medicaid. Senator Amabile and I focused our conversation on this issue of importance for Colorado’s disability community.

We have heard that significant cuts to Medicaid in Colorado are necessary and cannot be avoided. Can you please help us understand why this is the case?

We have a situation where Medicaid costs are growing a lot faster than our population plus inflation. It’s growing too fast for us to keep up without surpassing TABOR caps and crowding out everything else. “If we don’t do something, within a few years Medicaid costs will crowd out everything else in the budget.”

Colorado has expanded Medicaid benefits beyond what some other states do, and these expanded benefits are beyond what we can cover. For example, we pay family caregivers. Few states do this, and it results in fewer providers available through agencies in our state. Family caregivers may be better for many individuals, but we also need a provider network for people without family caregivers available to them.

Overall, we are not cutting people off from Medicaid, we are “just slowing growth… but to families, that’s a distinction without a difference.”

What are your priorities for Medicaid budget cuts? What should be preserved? Why?

I want to be sure “that we are spreading cuts across recipients… not all directed at one group.” It’s also important to me to make cuts “in a way that allows people to get the services they need to keep their kids healthy.”

I am particularly concerned about maintaining “robust mental health care” as a part of Medicaid. “I don’t want to go back to how it was, even 5 years ago.”

Would you please expand on that?

“There are smarter ways” for Colorado to go about providing mental health services. Right now, the state has mental health programs for teachers, for police, for children, for all these groups, and they all operate independently. I’d like for us to set up a “mental health system that serves all groups.” Take a look at other medical specialties, like cancer care. “There’s no cancer care that is only for the police, or children, or anyone else… Cancer care is cancer care.” We need that for mental health.

Mental health also has “parity problems” with other healthcare areas, even though the law says that reimbursement for mental health and substance use treatment services must be treated equally to physical health services.

We also have to be sure that we are spending Medicaid dollars effectively. For example, “talk therapy is often considered something that anyone can do. That’s not true.” Talk therapy requires deep expertise. “Not everyone can do it.” We need to recognize that when funding mental health services within Medicaid.

What would you like to say to an individual or family who faces uncertainty because of these cuts? How can they ensure their voices get heard in the budget process?

We need a plan from the Department of Health Care Policy and Financing (HCPF)—and a plan for a rollout. Announcing cuts day by day does not work. Families need time to be able to plan and “make adjustments… My heart breaks for these families.” They need some level of certainty.

We appreciate families showing up at hearings. “They make a difference.” So does meeting with legislators in person. Legislators and their staff are genuinely feeling for these families.

How can Colorado protect the long-term stability of Medicaid? Has HCPF presented a plan and are you satisfied with that plan?

We have seen “pieces of a plan” from HCPF, “but that’s not a plan… They are looking at different ways to roll things out.”

Members of the JBC “are trying to be thoughtful about what we are doing.” So is HCPF. “We are listening. We are hearing. We are making adjustments. At the end of the day, it is hard. It’s going to hurt.”

I appreciate the disability rights groups that have come to the table. They have helped us identify which cuts would be most harmful, and which would be less harmful.

What would you like to see as part of a Medicaid sustainability plan from HCPF?

I would like to see Colorado consider “utilization management tools” that help us control costs for the rest of the Medicaid population. An example of this could be a copay for certain types of services. This would encourage choices that save costs. For instance, a $10 copay for emergency room visits would likely encourage people to see a doctor in their office prior to needing an emergency room visit. That’s a significant cost savings. “We’re not doing that in Medicaid. We need to be creative.”

I would like to consider reorganizing HCPF, the Department of Human Services, and several other offices to promote efficiencies and less “siloing.” These departments all work independently but often on very similar concerns for clients. Better coordination would ensure efficiency where it is possible, which would bring about better care. “It’s not organized in the best way possible.”

Yes, there’s administrative bloat, fraud, abuse. We’re working on addressing these, which will bring some savings. But these savings alone “won’t bend the curve” enough to solve the shortfall we face.

As these and other bills move forward, a key part of committee hearings is public testimony. We encourage you to provide testimony for bills that are important to you. Look here to sign up to testify in person, remotely, or in writing.

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

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Each year, the Colorado Legislature meets for a 120-day session to revise and create laws and to develop and adopt an annual budget for the state. Monday, March 16 marked the 60th day of the 2026 legislative session.

In this issue of The Policy Perspective, I want to share with you some of the current policy developments that are happening in our state legislature. Below you will find several mid-session highlights on several key issues that impact Colorado’s disability community.

2026-2027 Budget

Colorado faces a significant budget shortfall of nearly $1 billion for 2026-2027. Because of requirements in Colorado’s constitution, the legislature must approve a balanced budget and may not raise taxes without voter approval. As a result, the legislature will be making cuts this year and is severely limiting new spending.

Currently, the most significant proposed cuts to the state’s budget are directed at Medicaid.

Several disability community-serving organizations have released a Community Guide that contains recommendations for Medicaid spending in Colorado for 2026-2027. The Guide provides discussion of how budget changes will impact people with disabilities, families, and providers.

As budget discussions move forward in the legislature, ADVOCACYDENVER encourages you to make sure that your voice is heard in the budget process by writing or calling your state senators and representatives. Tell your story of how budget decisions will impact your life. To find the names and contact information for your state legislators, look here.

Senate and House Bills

ADVOCACYDENVER has been following and is in strong support of the following bills:

HB 26-1040 The Sterilization Rights of a Person with Intellectual and Developmental Disibilities

Colorado is one of only two states that allows forced sterilization of people with disabilities. This legislation would end this practice except in cases where there is an imminent threat to the individual’s life and health. This bill has passed the House and the Senate and should be sent to the Governor for signature in the near future.

HB26-1141 Discriminatory Practices in Public Schools

HB26-1141 institutes Title IV and Title VI of the Federal Civil Rights Act of 1964 into state law. In doing so, the law creates mechanisms for enforcement of civil rights protections at the state level.

This bill has been passed by the House Education Committee and is waiting to be heard by the House Finance Committee before consideration by the entire House.

HB26-1043 Transportation Network Company Discriminatory Practices

This bill would strengthen accountability and reporting for consumers’ complaints of discrimination when using transportation network companies, such as Uber and Lyft. These companies would be required to include on their apps a place where consumers can report complaints when they are denied a pickup by a driver. Companies then must provide monthly reports of these complaints to the state, with all personal information removed. The state may also fine companies should they discriminate against people with disabilities or fail to submit monthly reports.

This bill has passed committee and is waiting to be brought to the floor for consideration by the House.

HB26-1045 Disability Housing Protections

HB26-1045 would put protections into state law for renters who have service animals, including both assistance animals and emotional support animals. While such protections have previously existed at the federal level, this law would permit the state to enforce these protections.

This bill has passed the House and is waiting to be heard by the Senate Committee on Local Government & Housing.

HB26-1147 Host Home for People with Intellectual & Developmental Disabilities

HB26-1147 requires the state to create a database containing information about host homes and their service agencies. The database must be made available and accessible by host home providers, service agencies, and those looking for host homes. The bill requires HCPF to allow for submission of complaints on its website and to establish a process for tracking each complaint and its resolution.

This bill was passed by the House Health & Human Services Committee and is waiting to be heard by the House Appropriations Committee before moving to the full House.

SB26-125 Disability Rights Protections in Public Schools

SB26-125 puts federal laws relating to disability rights protections into state law. Specifically, SB26-125 incorporates Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act. In doing so, the law requires mediation efforts at the local level prior to enforcement by the State Department of Education.

This bill has been passed by the Senate Education Committee and is waiting to be heard by the Senate Appropriations Committee before consideration by the full Senate.

As these and other bills move forward, a key part of committee hearings is public testimony. We encourage you to provide testimony for bills that are important to you. Look here to sign up to testify in person, remotely, or in writing.

Since joining ADVOCACYDENVER last September, I have spent much of my time tracking national, state, and local policy developments, especially those that are important to the disability community. I am thrilled to get do this work every day and see my role with ADVOCACYDENVER as a natural “next step” in my 30+ year career in education and state policy. As a parent of a child with a disability, I also have a personal commitment to the work that extends well beyond that of a “job.”

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

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More than 8 million students with disabilities are served by our nation’s public schools. Since its creation in 1980, the U.S. Department of Education has provided expertise, funding, and enforcement for federal laws that provide protections and services for students with disabilities.

These laws, including Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA), initially passed in 1975, established civil rights protections for students with disabilities and put in place procedures and safeguards to ensure that each of these students has access to an education tailored to their specific needs.

Recent actions taken by the federal government are a direct threat to federal ability to carry out both Section 504 and IDEA. These actions include:

• The elimination of entire departments that oversee special education. Without the staff of these departments, few, if any, experts in special education remain in the federal government.
• Proposals of reassigning special education to the Department of Health and Human Services(HHS). HHS is not an appropriate placement for special education oversight. HHS is equipped to cure disease, not to educate. We demand that the oversight of special education remain with the Department of Education.

If carried out, these actions would irreparably harm the students with disabilities who benefit from these laws.

A group of national organizations, including The Arc of the United States, are collaborating in efforts to preserve federal protections for students with disabilities. ADVOCACYDENVER is supporting this effort and encourages you to do so as well. A group of national organizations, including The Arc of the United States, are collaborating in efforts to preserve federal protections for students with disabilities. ADVOCACYDENVER is supporting this effort and encourages you to do so as well.

What Can You Do?

• Contact your members of Congress and ask for the complete rehiring of special education staffing at the Department of Education and oppose any efforts to move federal oversight of special education to HHS. The Arc U.S. provides this webpage that easily allows you to do this. 
• Inform yourself and take action. Collaborating organizations hosted a Town Hall on this issue on November 4, which you can watch here. They have also created a toolkit that contains position statements from participating organizations and other steps parents, educators, and other advocacy organizations can take to support this effort, including contacting other elected officials. 
• Spread the word. Tell others about what’s happening to federal support for special education and ask them to join you in this effort. Share this newsletter with others as well. If you use social media, consider posting about this issue.

“For 50 years, IDEA has had strong bipartisan support, and we are counting on Congress to ensure these firings are reversed. If not, the firings will have a devastating impact on babies, toddlers, and all children with disabilities, as well as on adults with disabilities who depend on these offices for employment supports. We must act now  to reverse these harmful firings!” — National Downs Syndrome Congress

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

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Due to the continued federal government shutdown, people who rely on Supplemental Nutrition Assistance Program (SNAP) and Women, Infants and Children program (WIC) may not receive their full food benefits starting on November 1, 2025.

Nationally, SNAP feeds more than 4 million people with disabilities. WIC provides necessary nutrition for young children that supports their healthy development and growth. Even short disruptions to these benefits can be very harmful for both of these groups.

In this issue of the Policy Perspective:

• Find out how Colorado and the City and County of Denver are addressing this crisis.
• Learn about food resources that are available. 
• Learn how to engage your members of Congress to encourage them to restore funding for SNAP and WIC as soon as possible.

What are Colorado and Denver doing to address this crisis?

Governor Polis has proposed using $10 million in General Fund revenue to support food banks and pantries, and $7.5 million for WIC. These funds are sufficient to supplement SNAP benefits for six weeks and WIC for four weeks.

Colorado and Denver both have websites through which users can search for food resources. 

• Denver – Food Assistance 
• Colorado – Supplemental Nutrition Assistance Program (SNAP)

What food resources are available while SNAP and WIC are paused?

Several websites allow you to search for available food resources that are close to you. You will need to either enter your zip code or address to see what is available close to you. Several of these also allow you to filter your search for organizations that deliver to your home, should you need this service. You can also find organizations that will help with specialized dietary needs or offer specific types of resources, such as a food bank, a meal service, or emergency food support. 

• Feeding Colorado
• Hunger Free Colorado
• Food Bank of the Rockies
• FoodFinder
• Find Help

Contact your members of Congress to request that they restore funding for SNAP and WIC as soon as possible.  

Congress has the power to prevent this crisis. Send a message now urging them to take action today to protect food assistance programs before it’s too late 

How to contact your members of Congress!

Policy Perspective is a publication of ADVOCACYDENVER. If you have any questions, please contact Paul Baumann, Policy Outreach Specialist, at pbaumann@advocacydenver.org or 303.974.2535.

The post Food Resources for Denver Residents appeared first on AdvocacyDenver.

Colorado’s 2022 legislative session came to a close on May 11th. In a year where continued COVID recovery and an upcoming midterm election loomed, legislators across the aisle came together and championed efforts to advance inclusion, options, and services for individuals with disabilities. Thanks to the exhaustive work of self-advocates, families, community advocates and policymakers alike, five key bills made their way to the governor’s desk and will be highlighted below. 

These summaries are not exhaustive.

For the full content of each bill, please visit: http://leg.colorado.gov/bills. 

House Bill 22-1376: Supportive Learning Environments for K-12 Students

In an effort to increase transparency and address the emotional and physical wellbeing of students, HB22-1376 aims to improve policies and data collection in relation to issues including chronic absenteeism, suspensions, expulsions, referrals to law enforcement, and perhaps most importantly for students with disabilities, the use of physical restraint (including handcuffing) and seclusion. The Colorado Department of Education will be required to compile and accessibly share data annually while maintaining student privacy standards. Colorado’s Peace Officers Standards and Training (POST) Board will develop and distribute a model policy for the hiring, training, and evaluation of School Resource Officers (SROs).

HB22-1376 also provides updated definitions, new provisions, and protections regarding restraint and seclusion including that:

• The Colorado Department of Education has the authority to enforce complaint decisions regarding the improper use of restraint and/or seclusion. 
• Schools must provide written notice to parents and guardians for physical restraints lasting for more than a minute (see full bill text for specific reporting requirements and timeline for implementation).
• Seclusion rooms must include either a window, or video camera if a window is not feasible, to facilitate continual monitoring.
• Seclusion rooms must be safe spaces and not otherwise used for storage, custodial, or office space.

Representative Mary Young (D) – “Thanks to AdvocacyDenver, the Arc of Colorado, Stand for Children and the Children’s Campaign for all of their work that led to the successful passing of HB22-1376. Schools play a crucial role in fostering safety, connectedness, and healthy conditions for students’ learning and development. HB22-1376 will make data about students’ experiences at school more transparent and ensure that students receive targeted support and learn in an environment that is positive, safe, and inclusive. This bill lays a foundation for understanding our learning environments across the state and will provide actionable information to improve the student and educator experience.”

House Bill 22-1107: Inclusive Higher Education Opportunities

In 2016 Colorado legislature established a 5-year pilot for three colleges and universities to run inclusive higher education programs for students with intellectual and developmental disabilities (IDD). Programs focus on four key areas: academic growth, social development, independence, and career advancement. As of 2022, 70 students with IDD have enrolled in these programs where they participate in traditional courses, live on campus, and work towards future career goals. Students who complete their respective program earn a Comprehensive Higher Education Certificate rather than a traditional diploma.

HB22-1107 authorizes a grant program where schools across the state can apply for funding to establish, or expand existing, inclusive higher education opportunities. It requires that the administering entity awards grants to maximize “access and opportunity for all students regardless of demographic or geographic diversity.” The bill also provides for reporting and evaluation of the long-term outcomes of those funded programs and the students who participate.

Representative Mary Bradfield (R) – “As a retired teacher I was happy to support this legislation that expands access to higher education for all learners in Colorado. A good education and the future doors it opens are crucial to the success of our youth.  I’m proud to see these opportunities being given our students with intellectual and developmental disabilities.” 

House Bill 22-1114: Transportation Services for Medicaid Waiver Recipients

Access to reliable, affordable transportation is a major barrier for many individuals with disabilities when trying to reach vital services, employment, and their communities at-large. For those who rely on transportation services available under a Medicaid home- and community-based waiver the options are limited and “often inefficient and overburdened.” 

HB22-1114 seeks to expand the available options for Medicaid waiver recipients by authorizing and reimbursing transportation network companies such as Uber and Lyft to provide nonmedical transportation. This authorization will occur no later than July 2024 after a state reporting process to identify a reimbursement system, compliance with federal law and waiver requirements, and best practices.

Representative Alex Valdez (D) – “HB22-1114 improves the lives of people with intellectual and developmental disabilities by eliminating barriers when it comes to choices in transportation. Many adults with disabilities lack sufficient access to reliable, accessible, and safe modes of public and private transportation. This bill addresses these barriers by offering the same choices in transportation that are already available to people without IDD.  Covering private transportation under certain Medicaid waiver services will allow people with IDD to participate more fully in their communities, employment, recreation, and relationships.”

House Bill 22-1320: Achieving A Better Life Experience Savings Account

Income and asset limits for assistance programs like Supplemental Security Income (SSI) and Medicaid have significantly hindered individuals with disabilities’ ability to save money, make large purchases, and plan for the future. Since 2017, Coloradoans who were determined disabled before the age of 26 have had access to tax-free Achieving a Better Life Experience (ABLE) accounts that allow an individual and their families to save and invest without losing eligibility for those needs-based benefits.  

HB22-1320 makes three major modifications to the existing law that improves accessibility and benefits for those who are eligible:

• A person other than the account owner (such as a family member or other support) can establish and administer an account on behalf of the individual with a disability.
• As of January 2023, accounts will be protected from “Medicaid claw-backs”, or the practice of the state claiming and retrieving funds for reimbursement of Medicaid expenses upon a beneficiary’s death.
• Contributions made to an ABLE account may be deducted when determining state taxable income.

Representative Colin Larson (R) – “I was honored to work with Rep. Cathy Kipp and Senators Zenzinger and Woodward on this bipartisan bill.  It is a historic step forward for providing financial stability, certainty, and independence for thousands of  individuals with disabilities and their families. By bringing tax deductibility to and ending the claw-back provisions for 529 ABLE accounts, Coloradoans with disabilities can now earn and save without fear of losing the services they rely on.”

House Bill 22-1303: Increase Residential Behavioral Health Beds

Ensuring appropriate care for the mental and behavioral health needs of all Coloradoans has been an issue for the state both prior to and compounded by the COVID-10 pandemic. Lack of available beds in treatment facilities has left many, including those with a dual diagnosis and those awaiting competency restoration, without access to critical stabilization and longer-term care.   

HB22-1303 appropriates nearly $42 million in federal funds received by the state through the American Rescue Plan Act for renovations and the creation of at least 16 additional inpatient beds at the Fort Logan mental health institute and at least 125 additional beds at residential facilities across the state. Beds at Fort Logan must first be used to address the backlog of those awaiting competency services before accepting civil patients. Residential facility beds are prioritized for those with severe mental illness or co-occurring diagnoses.

Statute includes additional provisions such as:

• Minimum standards for services at mental health residential facilities including assistance with medication and activities of daily living, case management services, life skills trainings, and non-medical transportation.
• Future establishment of admissions criteria, discharge planning, quality assurance monitoring, and federal compliance for mental health residential facilities.
• Licensing entities and timelines, including that aa of July 1, 2023, the Behavioral Health Administration will be responsible for licensing of those facilities.

Senator Jim Smallwood (R) – “HB22-1303 is critically important, bi-partisan legislation that should make real progress statewide helping adults with urgent behavioral health needs who need long-term services and support. We have heard from citizens and law enforcement for years about the lack of facilities to provide integrated care to these populations and specifically, individuals awaiting competency restoration services.”

Additional Successes to Celebrate

• Senate Bill 22-127 appropriates $80 million to the Department of Education for special education programs across the state. The bill provides an increased per-student distribution of $1,750 and requires that amount to increase by the rate of inflation each budget year beginning in 2024.
• Key language in the amendments of House Bill 22-1278 (creation of the Behavioral Health Administration) ensures that people with co-occurring IDD and mental health diagnoses are not turned away from services due to their primary diagnosis or need for assistance with activities of daily living.

Kaley Day is an Advocate for Adults with AdvocacyDenver.

She is a graduate of the University of Denver, and a sibling to a young man with disabilities. Kaley publishes Policy Perspective featuring interviews with state policymakers and community members on issues that affect the work and mission of AdvocacyDenver.

For questions or comments, contact Kaley at kday@advocacydenver.org

The post Disability Policy Marches On appeared first on AdvocacyDenver.

The 2021 Colorado legislative session began with uncertainty. Amid COVID protocols that required distancing and virtual testimony, economic concerns, and fear that any bill with a fiscal note may not make it to the governor’s desk, advocates and community members were unsure how far their efforts to promote legislation for the disability community would go. In the end there was cause for celebration as the session closed officially on June 8th and the state saw major legislation, some years and decades in the making, passed in order to support and advance the rights of Coloradoans with disabilities.

In this issue of the Policy Perspective, we will highlight four priority wins and the legislative champions that made them possible. All legislators highlighted in this issue received an “A” grade from The Arc of Colorado in a groundswell of bi-partisan support. The descriptions are not exhaustive.

For full descriptions of each bill, please visit: http://leg.colorado.gov/bills. 

Senate Bill 21-075: Supported Decision-Making Agreement

Colorado joins 10 other states and the District of Columbia that legally recognize supported decision-making agreements and outline their implementation as a less-restrictive alternative (or supplement) to guardianship. People with disabilities and older adults may voluntarily enter into an agreement with chosen supports who the individual trust to assist with understanding options and consequences, answering questions, communicating the individual’s decisions, and ensuring the execution of those decisions. The act includes protections and limitations such as: 

• Agreements will not override existing authority by a court-appointed guardian, conservator, or power of attorney, and do not create a fiduciary relationship.
• Members of the supportive community are not entitled to compensation for their role. 
• Agreements may not be used as evidence of incapacity of the individual.

With this new option, adults can retain their independence and authority over decisions while also receiving the support they need to lead healthy, safe, and self-determined lives.

Senator Bob Gardner (R) – “As a legislative advocate for people with intellectual and developmental disabilities (I/DD) and a supporter of their rights, I was happy to lead on the voluntary agreement to advance independence and self-determination for people with I/DD. This bill creates a less restrictive approach, which is required to be considered before rights are removed through other legal arrangements. I am happy that older adults and people with disabilities in my district and across the state, have another tool to remain in charge of their own lives.”

Representative Kerry Tipper (D) – “We had a lot of work to do this session and I am particularly proud of this bill. Supported Decision-Making gives people with disabilities the help they need to make choices about their own lives, such as where they want to live; the services, supports, and medical care they want to receive; whom they want to live with; and where they want to work.”

House Bill 21-1166: Behavioral Health Crisis Response Training

A 2014 statewide study revealed significant gaps and barriers for Coloradoans that are dually diagnosed with both an intellectual/developmental disability and a mental health diagnoses, especially in obtaining timely, high-quality, and effective care. This bill directs the Department of Health Care Policy and Financing (HCPF) to obtain a training vendor in order to provide statewide, teleconferenced training on behavioral health crisis response management to case management agencies, mental health centers, and program-approved support providers. The training will reach 20 providers, including 10 additional providers from underserved areas of the state. 

Representative Mary Young (D) – “This bill was introduced in the 2020 session to address the ongoing need to remove significant barriers and bring needed training to communities to help people with I/DD with co-occurring disorders access needed behavioral health case management and crisis response services. The pandemic has increased the already identified need of this community. The need for quality care for individuals in crisis is a statewide issue and thus demands a statewide solution. It was a tremendous pleasure to work with the state, families, advocates, mental health providers, school personnel, and individuals to enhance the safety-net for people with I/DD.By training behavioral health providers to meet the unique behavioral health needs of this population we reduce the likelihood of their involvement in the justice system and jail, in an out of home placements away from their community, or a psychiatric placement.  Prison inmates are 4 times as likely to report cognitive disabilities as the general population and jail inmates six times more likely.  This bill provides essential training to continue to increase mental health parity for individuals with cognitive disabilities.”

Representative Perry Will (R) – “It was a tremendous honor to bring the challenges faced in rural communities to the forefront with this bill. When cross-system responses have been implemented, they have proven to support key outcomes, such as reduced jail admission, access to supportive services, and less system fragmentation.  This bill allows individuals to remain in community settings with their friends, family, and loved ones, rather than using the emergency department, inpatient psychiatric facilities, regional centers, and the State Mental Health Institutes far from home.”

Senate Bill 21-039: Elimination of Subminimum Wage Employment

Federal law has long allowed employers to pay people with disabilities substantially less than the minimum wage if their disability impacts their earning or productivity capacity. Now, 10 employers in Colorado who retain special certificates to pay subminimum wage must develop plans to phase out these models by 2025. The bill also allocates dollars and development toward Medicaid waiver supported employment options to ensure successful transitions and reduce barriers to competitive integrated employment. Under this act, Colorado affirms its position as an Employment First state dedicated to the advancement and economic justice of workers with disabilities across the state.

Senator Rachel Zenzinger (D) – “The inequity of subminimum wage, which dates back to 1938, has finally been addressed. This bill, which I was proud to carry, aligns Colorado with national policy. As Gov. Jared Polis signs this bill into law, countless individuals with a wide range of physical and intellectual disabilities will finally take their rightful place in the workforce, with equal opportunities. By implementing these changes over the course of four years, I believe we will soften any impact on employers, and they will find that this is a law worth supporting. Additionally, the positive impact on the whole community will be significant, as the beneficiaries of the bill become less reliant on public support.”

Senator Dennis Hisey (R) – “I was honored to continue the work. Colorado has declared itself an Employment First state, and this bill promotes competitive, integrated employment for people with disabilities. Research shows that 85% of people with intellectual and developmental disabilities are not employed. Employment opportunities should be available to all people with who wish to explore opportunities to work, regardless of the nature and extent of their disabilities.”

Joint Budget Committee: Developmental Disability Waiver Slots

A significant indent was made to the list of over 3000 individuals across the state on the waitlist for the comprehensive Developmental Disabilities waiver. The Joint Budget Committee allocated enough money to open 667 slots, allowing for individuals and families—some who have waited decades, to finally access vital supports in their community.

Senator Bob Rankin (R)— “I have worked for several years to provide resources and supports in the person’s home and community to help with activities of daily living like bathing, getting dressed, finding and getting to work, and participating in community life. Especially in rural Colorado, these supports are critical to ensuring that people with I/DD can access the services they need to fully participate in the communities of their choice.”

Senator Dominick Moreno (D)— “In a difficult budget year with so many unknowns, I was happy to advance more support and resources for people with I/DD. Unfortunately, despite the intensive level of care needed by people on the waiting list, it continues to grow each year. Many of these individuals have been waiting for more than a decade for the critical supports they need to fully participate in their communities. Each year we chip away at the list and I am honored to support the most vulnerable in our communities yet again this session.”

Kaley Day is an Advocate for Adults with AdvocacyDenver.

She is a graduate of the University of Denver, and a sibling to a young man with disabilities. Kaley publishes Policy Perspective featuring interviews with state policymakers and community members on issues that affect the work and mission of AdvocacyDenver.

For questions or comments, contact Kaley at kday@advocacydenver.org

The post Legislative Wins and a Brighter Future appeared first on AdvocacyDenver.

• Election Day is November 3, 2020! All registered voters should get a ballot in the mail in October.
• You can check your registration status here: https://www.vote.org/am-i-registered-to-vote/
• If you are not registered to vote, you can register up until Nov. 3^rd and vote in-person that same day. 
• Mail-in ballots must be received by Nov. 3^rd to be counted. Mail back your ballot as soon as possible before October 24^th. 
• You have until 7pm on Nov. 3^rd to drop-off your ballot or vote in-person.
• Drop-off boxes and polling centers can be found at: www.govotecolorado.gov or on your ballot

Accessible voting machines for people with disabilities are available at every polling center! Remember you must provide ID to vote in person. For a list of acceptable identification go to: https://www.sos.state.co.us/pubs/elections/vote/acceptableFormsOfID.html

Things to Know

• You do not have to vote on the entire ballot for it to be counted! For example, if you only want to vote for President of the United States, you can leave the rest of your ballot blank. Vote for the people and issues that you understand and feel comfortable choosing. 
• FAQ for voters with disabilities: https://www.sos.state.co.us/pubs/elections/FAQs/ElectorsWithDisabilities.html
• It is ok to ask for help filling out your ballot. Just make sure the choices are your own!

2020 Statewide Ballot Measures

Proposition 113: National Popular Vote

This bill would change the way Colorado and its electoral college vote for President of the United States. It would make Colorado’s electoral college choose the candidate who wins the most number of votes across the whole country. 

• The electoral college is a group of officials in each state who help decide the President and Vice President.
• Currently, our electoral college chooses the candidate who wins the most votes across the state, not the country.
• This means that sometimes the new President is not the person who got the most individual votes. 
• Colorado would be joining 14 other states who agree to follow the national popular vote.

People who agree say: This bill ensures every person’s individual vote counts equally. It will encourage candidates to focus on issues that affect the entire country, not just certain states.

People who disagree say: We should protect our state’s unique vote. This bill puts too much power in the hands of bigger states like California, who have different needs and beliefs than Colorado.

Proposition 114: Restoration of Grey Wolves

This bill allows Colorado Parks and Wildlife to bring back endangered Grey Wolves to certain places in Colorado by 2023.

• Grey wolves used to be found across the U.S. but their population has declined due to human activities like hunting and trapping. Wolves eat other animals like deer and elk. 
• Grey wolves would be re-introduced to designated land in western Colorado.
• CO Parks and Wildlife cannot force any land, water, or resource use restrictions, like taking away land, on private landowners to further the plan. 
• CO Parks and Wildlife will fairly pay back owners for any losses of farm animals, like cattle, sheep, and horses, caused by the grey wolves.

People who agree say: It is important to protect and help endangered species like the grey wolf. The wolves will be good for Colorado’s ecosystem (nature and animals) and need our help to grow their numbers.

People who disagree say: Grey wolves are a threat to livestock and farm animals, who ranchers depend on for their work and money. This endangered species can return on its own without our help.

Proposition 115: Prohibition on Late-Term Abortions

This bill bans women who are pregnant from ending their pregnancy (called abortion) after the fetus is 22-weeks along, or about 5 months pregnant. Any doctor who performs an abortion like this could be charged with a crime, fined, and suspended.

• The bill does not ban abortion that is immediately required to save the life of the pregnant person if they are physically threatened.
• The bill protects the person getting the abortion from being charged with a crime. Only the doctor who performs the procedure will face punishment.
• Colorado currently allows abortions at any time during a pregnancy.

People who agree say: Most other states have laws banning abortions later in pregnancy. This bill gives women time to make their decision before 22-weeks and protects the rights of the unborn child.

People who disagree say: Every pregnancy is unique and women should have the right to choose what’s right for them and their health. This bill does not help victims who become pregnant after rape and incest. Bans like this make it easier to pass harsher abortion laws in the future.

Proposition 116: State Income Tax Rate Reduction

This bill would lower the state income tax (money taken from most worker’s paychecks) from 4.63% to 4.55%. 

• People will pay less tax and the government will make less money.
• State income tax helps the government pay for its programs. Most of that money is spent on health care, education, human services, and other state programs.
• With this bill, someone who makes $25,000 a year would pay about $20 less in taxes. Someone who makes $1 million a year will save about $800.

People who agree say: This will help taxpayers keep more of their money. People will have more money to spend on local businesses and help the economy. The state budget will be fine without this extra money.

People who disagree say: This will hurt government services and social supports (like transportation and Medicaid) that have already been cut. Only people who are very wealthy will benefit from this small decrease.

Proposition 117: Voter Approval Requirement for Creation of Certain Fee-Based Enterprises

This bill would require voters to approve the creation of any new state programs who charge fees (called enterprises) that make over a certain amount of money.

• Colorado has a “bill of rights” for taxpayers called TABOR that says any tax increases must be approved by voters. 
• Some government agencies are paid for by tax money. Other programs like universities, the lottery, and state parks, are paid for by the money they charge people to use them, or fees. These programs are called enterprises.
• This new law would apply to any new enterprises that will make more than $100 million during the first five years they are operating.

People who agree say: This bill gives more control to Colorado voters over the way the state earns and uses money. Fees are paid by voters just like taxes, so we should have the right to vote on them too.

People who disagree say: Enterprises help pay for important government services without using tax money. Only the people who use and benefit from those programs have to pay for it. This bill could limit the amount of enterprises and force the government to cut programs or use tax money instead.

Proposition 118: Paid Family and Medical Leave Insurance Program

This bill will require Colorado employers to give certain employees 12 weeks of paid time off to help themselves and their families during medical emergencies.

• Reasons someone can take paid medical leave include childbirth and adoption, sudden illness of yourself or a family member, and safety after abuse and sexual assault. 
• It gives people time off to help sick family members without losing their whole paycheck. Workers can earn up to 90% of their regular check, or up to $1100 per week.
• Workers who have been at their employer for at least 180 days cannot lose their job for taking medical leave. 
• For the first two years, employers and worker will both pay for the program. This means about 1% of each worker’s paycheck will be taken. 

People who agree say: This bill helps protect people’s jobs and money while also giving them the time to take care of themselves and their families during emergencies. People will not be forced to choose between their job and their family’s health.

People who disagree say: This bill would force people to pay for something they may never use. It also puts unfair costs on employers.

Proposition EE: Cigarette Tobacco and Nicotine Products Tax

This bill would make products like cigarettes and vapes cost more money for customers. That extra money (called taxes) will help pay for school programs.

• This will create a tax on e-cigarette and vaping products the same as other tobacco products like cigarettes and cigars.
• It will slowly increase cigarette/tobacco taxes over time. Cigarettes will cost at least $7.00 a pack after January 2021.
• The bill also creates a minimum tax for moist snuff products like “chewing tobacco” or “dip”
• Taxes collected will help fund programs like free preschool, rural schools, health care including Medicaid, affordable housing, eviction help, and programs to prevent youth tobacco use.

People who agree say: Tobacco and nicotine products are dangerous and unhealthy. When cigarettes and vapes cost more it helps prevent smoking and tobacco use. The extra taxes earned will help programs and schools who have lost a lot of money since the COVID-19 pandemic began.  

People who disagree say: Some people use vaping as a way to quit smoking, so adding tax to vaping products is unfair. The higher prices hurt buyers who will have to pay more and business owners who might sell less products. Colorado shouldn’t rely on tax money like this to help pay for programs.

Amendment B: Repeal Gallagher Amendment

This bill gets rid of a law called the Gallagher Amendment that says how property taxes (money paid by people who own homes, buildings, and land) are decided. 

• Property taxes help pay for services like police and firefighters, hospitals, transportation, and K-12 education.
• The current Gallagher amendment keeps property taxes on homes lower and property taxes on businesses and farms higher. 
• Gallagher also means tax rates are the same across the state. This means rural communities make less tax money and have less to spend on those important services.
• The new bill will keep tax rates for homeowners and business owners the same for the next 4 years. Any increases to tax rates will have to be voted on. 

People who agree say: The Gallagher amendment leads to higher and unfair taxes on small businesses and farmers. This new bill will make sure property taxes stay the same and can only be raised by the people’s vote. It will also prevent financial cuts to schools, hospitals, fire protection, and other local services in many areas of the state.

People who disagree say: The new amendment means homeowners could have to pay higher property taxes while people are already struggling financially. The Gallagher amendment keeps these taxes low and protects homeowners. Local governments can work with their voters to decide how to fund services like fire protection and libraries.

Amendment C: Bingo Raffles Allow Paid Help and Repeal Five-Year Minimum

This bill lets charities and nonprofits raise money with charitable gaming licenses (to play games like raffle and bingo) sooner than they used to. It also lets them hire people to run those games.

• Currently, nonprofits have to wait 5 years before they can get a charitable gaming license. This bill will lower the wait to 3 years.
• Organizations who hire workers to run these games may not be paid more than minimum wage.

People who agree say: This bill will give nonprofits more opportunities to raise money for their programs. It will be easier on organizations to hire someone to run these games instead of finding volunteers.

People who disagree say: Hiring people to run fundraising games takes money away from the nonprofit’s programs. Making these changes turns fundraising into more of a gambling business than a charity.

Amendment 76: Citizenship Qualification of Electors

This bill would change Colorado’s law to say “only citizens” of the United States who are 18 years or older may vote in elections.

• A United States citizen is someone who was born in the U.S. or was granted citizenship through another way, like someone from another country who moves here and completes the citizenship process. 
• Colorado currently says “every citizen” who is 18-years old may vote in elections and already bans non-citizens from voting.

People who agree say: Only citizens should vote. Words are important and other states with “weak” language like ours allow non-citizens to vote in some local elections. This bill will help avoid voter fraud, or voting by people who aren’t allowed to. 

People who disagree say: This bill could scare some people who have the right to vote away from voting, like immigrants. Voter fraud is rare and this bill will only confuse people and cause less people to vote.

Amendment 77: Local Voter Approval of Gaming Limits in Black Hawk, Central City, and Cripple Creek

This bill gives local voters the power to make changes to their casinos like new games and higher bets. Money made will support community colleges.

• Colorado voted to make gambling legal in 1991, but made rules around the types of games allowed and how much money people can wager or bet. 
• This bill gives the power to local voters to make changes to those old rules without statewide approval.

People who agree say: Local voters should get a say in these businesses that affect them. Allowing higher bets could attract more people and help local businesses make more money. It can raise more money for community colleges without raising taxes.

People who disagree say: Changing these rules could increase the amount and severity of people who struggle with gambling addiction. It does not provide any funding to programs to address this issue. Expanding gambling could hurt other Colorado communities who will not have a say in these changes. 

The post 2020 Colorado Voter Guide for All appeared first on AdvocacyDenver.