Amendment Requires Federal Consultation with Local Government Prior to Rule Proposals
Washington, D.C. – Today, Congressman Ken Buck (CO-04) introduced an amendment to the OIRA Insight, Reform, and Accountability Act that empowers state, local, and tribal governments to have a say in the regulatory process. The amendment passed the House unanimously and was included in H.R. 1009, which passed on a 241 to 184 vote.
Often, federal agencies issue proposed rules without adequately consulting the local governments who already have relevant regulatory frameworks and statutes in place, even though the law requires the federal agencies to cooperate with these local governments. In bypassing these state governors and local officials, the federal agencies disregard the practice of cooperative federalism that allows our state and local governments to coexist with the federal government. The introduced amendment strengthens the requirement for federal agencies to consult and coordinate with state, local, and tribal governments prior to issuing new rule proposals.
“State, local, and tribal officials often know best what our communities need, and this amendment simply requires that they have a say in federal regulations,” Congressman Ken Buck stated. “From interacting with state and local officials in Colorado, I know how much expertise and knowledge they can add to the writing of regulations. This amendment ensures they’re consulted before new federal rules are proposed.”
The need for consultation and cooperation between federal agencies and local governments was particularly apparent for both the EPA’s Water of the United States rule and the BLM’s Planning 2.0 rule. Both rules were proposed without adequate consultation of local government beforehand.
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Putting an End to Anti-LGBT ‘Conversion Therapy’ on Minors
Rosenthal Bill Prohibits Discredited Practice Aimed at Suppressing a Person’s Sexual Orientation
Democrats on the House Public Health Care & Human Services Committee voted to pass a bill by Rep. Paul Rosenthal to ban so-called “conversion therapy,” on minors and therefore to ensure that no more Colorado children are subjected to this harmful practice. All six Republican members of the committee voted against the bill.
“Conversion therapy” is a dangerous and discredited practice aimed at changing a person’s sexual orientation or suppressing a person’s gender identity. The practice has been rejected by every mainstream mental health professional association. HB17-1156 prohibits physicians specializing in psychiatry and licensed or registered mental health professionals from engaging in conversion therapy with patients under 18 years of age.
“We have a responsibility to protect Colorado children from the harmful and discredited practice of gay conversion therapy,” said Rep. Rosenthal, D-Denver. “The nation’s leading mental health associations warned against the dangers of this practice and studies have shown that minors being subjected to this therapy are at a higher risk of drug and alcohol abuse, depression, and suicide.”
Numerous Coloradans also testified in support of the bill.
“When I was at my lowest and needed someone to support me, my therapist was there,” said Noah McQueen. “Imagine not being able to have that professional help you, but instead hurt you.”
Esteban Lee O’Neal testified about his own painful experiences with the practice while an adult.
“I can only imagine the impacts this would have had on me if I was under the age of 18,” said O’Neal. “The data shows that conversion therapy is mental abuse and emotional torture. And I can tell you from personal experience that it is.”
The 7-6 vote sends the bill to the House floor.
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Gardner Joins Senate Colleagues and Encourages the President to Strengthen Mission at GTMO, Safeguard Americans
Washington – U.S. Senators Cory Gardner (R-CO) and Jerry Moran (R-KN), along with nine of their colleagues, this week encouraged the President to assess the future operations and detention of detainees held at the Joint Task Force Guantanamo Bay detention facility in Guantanamo Bay, Cuba (GTMO) in a letter to the President.
“Congress has continuously opposed and prohibited the closure of GTMO as well as the transfer of GTMO detainees to U.S. soil since 2010 in response to the previous administration’s attempt to fulfill a campaign promise,” the Senators wrote. “Despite the growing number of threats to our nation from terrorists around the globe, the Obama administration demonstrated a serious disregard for the safety of the American people and the will of Congress by dramatically reducing the number of detainees housed at GTMO to justify those remaining to be transferred to the U.S.”
In the letter, the Senators shared with President Trump a number of recommendations for the future of the detention facility as the president and Congress work to ensure the safety of the American people. They requested an immediate hold on transferring detainees approved for release by the Periodic Review Board (PRB) and the suspension of the PRB itself – which was established in 2011 to assess and determine the transfer of detainees – along with a full and judicious review of the PRB’s role and responsibilities. They also requested the consideration of military value analysis and recommendations of the nation’s most senior military leaders.
Washington – U.S. Senator Cory Gardner (R-CO) today released the below statement following the White House press secretary’s comment that “President Trump has made it very clear that he expects the Russian government to de-escalate violence in the Ukraine and return Crimea.”
“I welcome news that the White House has laid out a clear and unequivocal stance on Russian aggression in Ukraine,” said Gardner. “Russia’s destabilizing actions must be met with resolve from the United States, and today’s statement from the White House is a positive step toward that goal.”
This past week, Gardner led a group of Senators in sending a letter to President Trump urging his Administration to pursue a principled and tough-minded Russia policy, highlighting Russia’s aggressive behavior in Ukraine, Syria, and cyberspace.
Gardner Reacts to Joint Statement from US, South Korea, and Japan
Washington – Senator Cory Gardner (R-CO) today released the below statement after the United States, South Korea, and Japan released a joint statement condemning North Korea’s ballistic missile launch:
“I’m encouraged by today’s joint statement from the U.S., South Korea, and Japan because it represents a unified front against North Korean aggression. The statement also sends a message to North Korea and our adversaries around the world: the U.S. will stand up to those who threaten our allies,” said Gardner. “I urge the Administration to continue to pursue and strengthen this important trilateral alliance, an effective policy tool to deter Pyongyang and promote peace in the region. Additionally, I’m hopeful that the Administration expedites the placement of the U.S. Terminal High Altitude Area Defense and show-of-force exercises near North Korea. Together, the U.S., South Korea, and Japan can work toward changing North Korea’s behavior and disarming the regime.”
Gardner’s statement on North Korea’s launch along with a letter he sent to the Administration urging the prioritization of the North Korean threat can be found here. Additionally, earlier this week Gardner sent a letter with his Senate colleagues to Treasury Secretary Steven Mnuchin requesting that the department pursue a full range of financial sanctions against the regime.
Gov. Hickenlooper Welcomes Refugees for Their Contributions to Colorado
Colorado – Gov. John Hickenlooper and Lt. Gov. Donna Lynne today welcomed refugees to Colorado during a celebration at Union Station honoring the many contributions refugees make to Colorado. The event, sponsored by Union Station Alliance, brought together 75 refugees – most of whom had arrived in Colorado just weeks or months earlier – from countries including Syria, Iraq, Afghanistan, Somalia, the Democratic Republic of the Congo and the Central African Republic.
The event also brought together Coloradans who work to support refugees as they begin their new lives, including Denver Mayor Michael Hancock, Aurora Mayor Steve Hogan, as well as leaders of Colorado’s three resettlement agencies: the African Community Center, the International Rescue Commission and Lutheran Family Services.
Colorado Bureau of Investigation Seeks Re-Accreditation
Colorado — A team of assessors with the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®) will visit the Colorado Bureau of Investigation (CBI) to examine all aspects of the Bureau, including policies, procedures, management, operations and support services beginning on March 12, 2017.
The CBI must comply with 189 standards to continue the current CALEA accreditation status. Verification by the assessment team that the CBI meets the Commission’s state-of-the-art standards is part of a voluntary process to gain re-accreditation, a highly prized recognition of law enforcement professional excellence. The CBI received its initial accreditation in July 2014.
As part of the on-site assessment, Bureau employees, agencies and members of the community are invited to offer comments at a public information session beginning at 4:00 p.m. on March 13, 2017. The first portion of the session will be for call-ins from 4:00 p.m. to 5:00 p.m. Beginning at 5:30 p.m. a public meeting will be conducted at the CBI headquarters (690 Kipling St., Lakewood, CO 80215). If for some reason an individual is unable to call in or attend in person, but would still like to provide comments to the assessment team, information can be shared via email at .
To participate in the call in session from 4:00 p.m. to 5:00 p.m., please call 1 (646) 749-3131, access code 814-586-733.
Telephone comments as well as appearances at the public information session are limited to 10 minutes and must address the Bureau’s ability to comply with CALEA standards. Local contact is Susan Medina (303-239-4423).
Persons wishing to offer written comments about the CBI’s ability to meet standards for accreditation are requested to write: Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), 13575 Heathcote Boulevard, Suite 320, Gainesville, Virginia, 20155.
The assessment team is composed of law enforcement practitioners from similar agencies. The assessors review written materials, interview individuals, and visit offices and off-site locations where compliance can be witnessed. The assessors are:
Team Leader: Chief Humberto I. Cardounel Jr., Henrico County Police Division
Team Member: Mr. John Bailey Tucker, South Carolina CALEA PAC President
Once the CALEA® assessors complete their on-site review of the Bureau, they report to the full Commission, which will then determine if the CBI is to be granted re-accredited status.
Accreditation is for three years, during which time the agency must submit annual reports attesting continued compliance with those standards under which they were originally accredited, and must undergo annual compliance audits by CALEA certified compliance management officers.
For more information regarding the Commission on Accreditation for Law Enforcement Agencies, Inc. please call (800) 368-3757 or write to the Commission at:
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA)
13575 Heathcote Boulevard, Suite 320
Gainesville, Virginia, 20155
Senate GOP Passes Bill to Stifle First Amendment Rights
Denver – Senate Republicans passed SB17-035 that would change “tampering with oil and gas equipment” from a class two misdemeanor to a class six felony.
Colorado Senate Republicans have decided to join Republican legislators across at least eight other states to repress political dissent and allow for a pathway to crackdown on protest activities. In Colorado, there has only been one reported incident over the past 3 years of tampering with oil and gas equipment.
The way the bill is written would also make a peaceful protester blocking a road that inhibits a vehicle carrying oil or condensate a class six felony, even though there was no act of vandalism. Republicans in Colorado have positioned themselves in complete opposition to the right to protest and the right to free speech. More importantly, they have stifled Coloradans right to protect their environment and home.
“Why carve out something for oil and gas when we’re not adequately protecting people?” asked State Senator Matt Jones, D-Louisville. “We should be focusing our attention on protecting Colorado families around oil and gas industrial operations, not oil corporations. These are dangerous industrial operations that are being plopped into neighborhoods. Let’s worry about our neighbors. The bottom line is we should be protecting Colorado families — not oil and gas corporations.”
“This is a felony in search of a protester to convict. In Colorado, we do not live in a dictatorship nor do we have an authoritarian form of government. We live in a democracy that should not suffocate but protect our right to protest, our right to free speech, and our right to assemble to safeguard our community,” said State Senator Rhonda Fields, D-Aurora.
First Week in March is National Weights and Measures Week – Oil & Gas
Division of Oil and Public Safety ensures accuracy at the gas pump
Denver –Gov. Hickenlooper has issued a proclamation declaring March 1 – 7 as Weights and Measures Week in Colorado. Each year, the first week in March commemorates President John Adams signing the first weights and measures law in the United States on March 2, 1799.
The week provides an opportunity to remind consumers and businesses about the work done every day to ensure the accuracy of all commercially used weighing and measuring equipment. Coloradans buy gasoline by the gallon and purchase meat and produce by the pound. Scales at DIA determine allowable luggage weights. Every day, commercial scales, meters and scanning equipment ensure equity in the marketplace and the regular inspections of those devices protect consumers.
Inspectors at the Division of Oil and Public Safety (OPS) at the Department of Labor and Employment play an important role in helping to ensure that Colorado consumers are getting what they are paying for. These inspectors are responsible for inspecting more than 50,000 retail motor fuel dispensers in the state.
“Our inspectors verify the calibration of gas pumps and test motor fuel to ensure compliance with fuel quality standards,” says OPS Director Mahesh Albuquerque. “Through our work, Coloradans can be confident they are getting what they pay for at the pump, while businesses are assured of an even playing field with their competitors.”
OPS also inspects bulk propane, gasoline and diesel truck meters and retail propane, compressed and liquefied natural gas dispensers for accuracy. In addition, inspectors verify that the calibration mechanisms are sealed from tampering. They look for leaks and evaluate advertising practices and price computations. “We don’t favor the retailer or the consumer,” Albuquerque says. “Our inspectors ensure accuracy and equity in the marketplace.”
Consumers who have a complaint or question about a retail motor fuel purchase or believe they are not getting precisely what they have paid for, can call 303-866-4967 and request an inspection.
Helping the Neediest Stay Warm
Committee Advances Hamner-Exum Bill to Continue Home Heating Program – A bill to enact a five-year extension of a home heating and home insulation assistance program for Colorado’s most vulnerable families unanimously passed the House Transportation & Energy Committee this morning.
HB17-1116, sponsored by Reps. Millie Hamner, D-Dillon, and Tony Exum Sr., D-Colorado Springs, extends the Low-Income Energy Assistance Program, which is helping heat and/or insulate the homes of more than 58,000 Colorado low-income families and individuals this winter.
The average benefit under the program for the current year is $342. Payments are sent directly to the heating fuel provider, electric utility or insulating contractor. Colorado’s oil and gas severance tax pays part of the tab and private groups like the Colorado Oil and Gas Association and the rural electrical associations also pitch in.
Rep. Exum talked about growing up one of 11 children in a low-income family. “You learn how to get by with the little that you have, but you also appreciate the assistance when it’s needed,” he told the committee.
Rep. Exum elaborated further later in the day: “This bill is very, very important for a lot of families all over the state to give them assistance when times are tough. This is literally the difference between staying warm and not during harsh winter months.”
The bill rides a 13-0 vote to the Appropriations Committee.
CENTENNIAL — Senator Fields to host afternoon Coffee Chat this Saturday in Smoky Hill. Come and chat about issues important to you and engage in discussion with Sen. Fields about issues that impact SD29. Get updates on what’s happening in the legislature in an informal setting.
Legislative Coffee Chat
Cariño Coffee
20971 E Smoky Hill Rd, Centennial, CO 80015
Saturday, February 18, 2017
1:00-2:00PM
DENVER — This afternoon at 1:30PM before the Senate State, Veterans, and Military Affairs Committee, State Senator Rhonda Fields, D-Aurora, will present legislation aimed at addressing the widespread problem of campus sexual assault.
Senate Bill 17-128, titled “Higher Ed Behavior Policies”, is a reaffirmation of Title IX standards. It requires institutions adopt policies on sexual assault, domestic violence, dating violence, stalking, and hate crimes involving a student; something not all universities have.
“With approximately 1 out of 4 women experiencing sexual assault at a college or university campus, addressing campus safety has to be a higher priority for legislators and higher education administrators. Given the uncertain future of Title IX rules under the Trump administration, Colorado needs to act now to ensure every single one of its colleges and universities adopt written policies and procedures regarding sexual assault so students can be better kept safe on college campuses. Colorado must send a message to its students that they will not be abandoned,” said Senator Fields.
The bill also sets the stipulation that the policies will be provided in every student and faculty handbook, as well as having a dedicated page on the institutions website, so that all students have access. Finally, the bill requires that all institutions submit their policies for review every two years.
The committee hearing will begin at 1:30PM in Senate Committee Room 357, and Senate Bill 128 is currently listed first on the docket. You can listen to the committee online by clicking this link:http://leg.colorado.gov/committee/granicus/929556
WASHINGTON D.C. — Senator Cory Gardner (R-CO) today released the below statement after voting in favor of confirming Linda McMahon to head the Small Business Administration.
“I was proud to support Linda McMahon for Small Business Administrator today because I’m confident she will help small businesses in Colorado and around the country succeed,” said Gardner. “Mrs. McMahon is one of our country’s most successful entrepreneurs and will bring fresh insight to the Small Business Administration. Whether it’s reducing burdensome regulations or reforming our tax code, Mrs. McMahon is committed to working to see that our small businesses have a seat at the table so they can create jobs and lead our country’s economic resurgence.”
Thursday, February 16, 2017; 7:00 p.m. to 8:00 p.m.
Know Your Rights Town Hall with Aurora Reps. Dominique Jackson, Mike Weissman and Sen. Rhonda Fields
WHAT: State Senator Rhonda Fields and Representatives Dominique Jackson and Mike Weissman will hold a “Know Your Rights” town hall where citizens will hear from experts on various aspects of civil rights and anti-discrimination laws in Colorado. There will be a panel of speakers who will offer remarks, followed by time for participant Q&A. The panel will feature Chief Metz of Aurora PD, DA Brauchler from the 18th Judicial District, Joe Neguse from DORA, Omar Montgomery from the Aurora NAACP branch, Elise Logemann from CO Juvenile Defender Center, Scott Levin of ADL, Denise Maes of ACLU and State Representative Joe Salazar. Attendees will have the opportunity to ask questions and share concerns with panelists.
WHO: Sen. Rhonda Fields, D-Aurora
Rep. Dominique Jackson, D-Aurora
Rep. Mike Weissman, D-Aurora
Rep. Joe Salazar, D-Thornton
Chief of Police Nick Metz, Aurora
District Attorney George Brauchler, 18th Judicial District
Joe Neguse, Executive Director DORA
Omar Montgomery, NAACP
Elise Logemann, CO Juvenile Defender Center
Scott Levin, ADL
Denise Maes, ACLU
WHERE: Community College of Aurora
Rotunda Room
15990 East CentreTech Parkway
Aurora, Colorado 80011
WHEN: Thursday, February 16; 7:00 p.m. to 8:00 p.m.
Guns in Schools, Workplace, & High Capacity Magazines
Wrapping up what has become an annual marathon, Democrats on the House State, Veterans & Military Affairs Committee voted to defeat three bills that would increase the likelihood and severity of gun violence in Colorado.
My district borders the Aurora theater. That shooter hit 70 people in less than two minutes. My constituents know all too well the devastating impact of high-capacity magazines said Rep. Jovan Melton, D-Aurora.
Testifying against the bills were Jane Dougherty of Littleton, whose sister was killed in the 2012 school shooting in Newtown, Conn.; Tom Mauser, also of Littleton, whose son was killed in the 1999 shooting at Columbine High School; and representatives of the Colorado Education Association, the American Academy of Pediatrics, the Colorado PTA, Safe Campus Colorado, Padres y Jóvenes Unidos, the League of Women Voters, Colorado Ceasefire, Colorado Faith Communities United to End Gun Violence, Hunters Against Gun Violence and Progress Now Colorado.
Increasing the number and firepower of guns in our society is not the solution,” Rep. Mike Foote, D-Lafayette, the chairman of the State, Veterans & Military Affairs Committee, said after the panel’s eight-and-a-half-hour hearing on the three bills.
Defeated on 6-3 party-line votes were these three bills:
HB17-1036
Sponsored by Minority Leader Patrick Neville, R-Castle Rock, and Rep. Kim Ransom, R-Littleton, would have allowed anyone with a concealed carry permit to have a gun on school grounds. “I believe teachers should focus on teaching and nurturing our children, not act as armed security,” Rep. Susan Lontine, D-Denver, told the committee.
HB17-1037
the perennial “stand your ground” bill by Rep. Justin Everett, R-Littleton, granting immunity to workers who shoot people who enter their place of business on the suspicion that the intruder – or is it the customer? – poses a threat. Rep. Edie Hooton, D-Boulder, denounced the bill as “allowing any excuse to kill a human being just because you feel slightly threatened.”
HB17-1097
sponsored by Reps. Lori Saine, R-Firestone, and Stephen Humphrey, R-Severance, to allow the sale or other transfer of high-capacity magazines like the 100-round magazine used by the shooter in the 2012 Aurora theater massacre. “My vote is to protect the public at large,” Rep. Adrienne Benavidez, D-Adams County, told the committee.
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DENVER— State Senator Irene Aguilar, Colorado AFL-CIO Executive Director Sam Gilchrist, small business owners and community members joined the nationwide Save My Care Bus Tour to stand against Republican lawmakers’ efforts to dismantle Connect for Health Colorado and repeal the Affordable Care Act. At a press conference outside the State Capitol organized by Save My Care, Progress Now Colorado, Colorado Health Initiative and Healthier Colorado, community members called on lawmakers to reject State Senate Bill 3, which would scrap the state’s health exchange, and protect Coloradans’ access to health care.
It’s unconscionable that our representatives are considering legislation that will take health care away from hundreds of thousands of Coloradans. Health care is a fundamental right. Our legislators must oppose Senate Bill 3 and stand against any effort to take quality, affordable care away from working families. said Sam Gilchrist, Executive Director of the Colorado AFL-CIO
Coloradans fear the impact..
For small business owners like me, repealing the Affordable Care Act could mean bankruptcy and homelessness,” said Howard Paul, a self-employed commercial photographer, writer and editor. “Without the insurance I obtained under the Affordable Care Act, I may go bankrupt or lose my home and business—or even die. Today, I am terrified of what will happen if Congress votes to take health care away from hundreds of thousands of Coloradans like me.
The ACA (Affordable Care Act) allowed me to enroll in Medicaid, get my health back on track and complete my doctorate degree,” said Dr. Reyna Ulibarri, a doctorate in sociology and Denver area resident. “If I can continue my upward path with the help of Medicaid, I hope to return to work by next year. I don’t know what I will do if the Affordable Care Act is repealed and I lose my access to care. Honestly, I’m terrified.
If the Colorado health exchange is repealed, my history of heart problems and cancer could be considered pre-existing conditions and leave me completely uninsurable, said Ann Cowie-Bozner, a Denver metro area resident. I am 60 years old. I still have a lot to contribute to society and without health insurance, I am not sure that can happen.
In both Denver and Washington, Republican lawmakers are rushing forward with proposals that would strip health care away from hundreds of thousands of Coloradans. At the State Capitol, the Senate Finance Committee will hold a hearing on Senate Bill 3, which would undermine quality of care for everyone and throw the state’s entire health care system into chaos. In Congress, U.S. Senator Cory Gardner and his fellow Republican lawmakers are backing a reckless repeal plan that will take health coverage from 30 million Americans and destroy 39,000 jobs in Colorado.
Save My Care Bus Tour’s two-month, cross-country tour focuses on telling the stories of the more than 30 million Americans who will lose their health care under Congress’ dangerous repeal plan.
Share your story with us!
Tell us how changes to Connect for Health Colorado and the Affordable Care Act will impact you
DENVER— For the third session in a row, House Democrats killed legislation that sought to bring judicial branch transparency more in-line with the executive and legislative branches of government. The bill, House Bill 1029, sponsored by Representative Polly Lawrence (R-Roxborough Park), would have held the judicial branch to the same transparency standards established by the Colorado Open Records Act as the other two government branches, while still allowing for provisions to deny access to civil or administrative investigation records, or records related to trade secrets or other confidential information.
House Bill 1029 was killed 6-3, on a party-line vote, in the House State, Veterans and Military Affairs Committee.
“The legislative branch has the sole constitutional authority to create laws not the judicial branch, and I am disappointed that for a third year in a row, Democrats failed to acknowledge the inequitable transparency in this branch of government and failed to support legislation to correct it,” said Lawrence. “Certainly there are protections unique to the judicial branch, but it should absolutely be held to the same standard of accountability and transparency that taxpayers deserve in Colorado.”
