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Colorado lawmakers water down requirement that counties comply with coronavirus restrictions to get aid

On the final day of Colorado’s special legislative session, during which 10 bills were passed, Democrats in the General Assembly backtracked on one of the most controversial aspects of their $200 million-plus relief package

John Frank
@ByJohnFrank
The Colorado Sun — johnfrank@coloradosun.com

Jesse Paul
@jesseapaul
The Colorado Sun — jesse@coloradosun.com Desk: 720-432-2229


Colorado’s three-day special legislative session finished Wednesday with lawmakers watering down one of the most contentious parts of their $200 million-plus package aimed at providing economic relief during the coronavirus crisis.

The Democratic-led General Assembly initially excluded businesses from being eligible for direct government aid if they were located in counties that refused to comply with public health mandates from Gov. Jared Polis’ administration.

But a last-minute amendment to Senate Bill 1 extended the $37 million in relief to businesses in cities that adhere to the state regulations, as well as those within a mile, even if the cities are in a county that refuses to follow the regulations.

Republican lawmakers balked at the restrictions for aid dollars and struck a deal with Democrats to soften the approach to force counties to follow the guidelines. The move will spare some businesses located in Weld County, where commissioners have vowed to flout the state’s public health orders. The opponents of the bill argued the county was targeted by the compliance clause.

“I believe this amendment is essential to provide protections for businesses that are following public health orders and really want to continue to thrive,” said Rep. Mary Young, a Democrat who represents Greeley, the largest city in Weld County.

The legislation is the marquee relief measure for the special session and will be accessible to restaurants, bars, theaters, gyms and more businesses with less than $2.5 million in annual revenue. The small business relief program can provide up to $7,000 in a one-time payment to those that qualify. To be eligible, businesses must have lost at least 20% of their revenue since March 26, when the state’s first stay-at-home order was issued.

Also, the bill provides $7.5 million through grants to struggling artists and sets aside $4 million for direct payments to minority-owned businesses.

Despite the late change, the bill continued to draw opposition from some Republican lawmakers for its limited scope and coercive intent.

“I think we open ourselves up to just criticism that we are picking winners and losers in this,” said Sen. Owen Hill, R-Colorado Springs, in voting against Senate Bill 1. “When we limit who has access to these recovery funds — whether it’s based on the color of your skin, or what industry you’re in, what minority status you’re in — I think that’s not our role. I think our role is to look out for all Coloradans, all taxpayers. I think we fail to do that in this bill.”

In the House, the legislation became a proxy for a debate on the merit of the governor’s orders to limit capacity or shut down certain businesses that can’t meet the requirements. The debate struck a bitter tone in the final moments of the special session.

“The government has created the problem these small businesses are now facing,” said Rep. Patrick Neville, the former Republican leader from Castle Rock, a city that is refusing to comply. “Now we are here saying, ‘Oh, the state is going to help them out.’”

Rep. Dave Williams, R-Colorado Springs, said the extension of the benefits made the bill better but it is still punitive. He encouraged more localities and businesses to defy the state’s public health orders.

“We have come to the point where we are beginning to see the bubbling of soft tyranny,” he said.

Williams continued: “I do believe there should be more counties and municipalities and businesses that do engage in civil disobedience. There are people going out of business — not mainly because of COVID but because of the orders being imposed upon them.”

The remark led to a rebuke from Rep. Cathy Kipp, who said it was irresponsible to ask people to rebel against public health orders. She compared it to the decisions by some Republican lawmakers not to wear masks at the Capitol and endanger their colleagues and staff.

“I am not going to tolerate people encouraging the type of civil disobedience that will cost lives,” the Democrat from Fort Collins said. “That is not OK.”

Polis — who recently tested positive for COVID-19 — called lawmakers back to the Capitol in the middle of the pandemic for a special term focused on economic relief rather than health care issues.

In addition to small business aid, the Democratic governor pushed efforts to reopen the economy by providing targeted payments to child care facilities as a way to help parents get back to work.

Other legislation provided tax breaks for restaurants and bars and more money for food pantries. In total, lawmakers approved 10 bills before adjourning midday Wednesday.

In addition to Senate Bill 1, the legislation headed to the governor’s desk includes:

Senate Bill 2: Provides $54 million to the state’s housing relief grant program, $5 million to nonprofits to aid people living in the U.S. illegally with economic hardships, and $1 million to an eviction legal defense fund.

Senate Bill 3: Allocates $5 million to Energy Outreach Colorado to help Coloradans struggling to pay utility bills because of the coronavirus crisis.

Senate Bill 4: Transfers $100 million from the state budget to the coffers from which Polis is pulling to cover Colorado’s public health response to the pandemic.

House Bill 1001: Sends $20 million to a grant program that school districts can tap into to expand high-speed internet access for students.

House Bill 1002: Spends $45 million on two grant programs to help child care facilities stay open and expand.

House Bill 1003: Gives $5 million to food pantries to replenish their stock.

House Bill 1004: Allows restaurants and bars with up to $70,000 a month in revenue to keep sales taxes they would normally have to pay to the state for November, December, January and February.

House Bill 1005: Permits local governments to limit the fees that third-party food delivery service providers, like GrubHub, may charge a restaurant.

House Bill 1006: Authorizes insurance companies to pay lower quarterly estimated tax payments, though they must still pay the full amount at a later date.

A number of other measures were rejected during the special session, including efforts by Republicans to place checks on the governor’s emergency powers and to provide direct relief to parents whose children have been forced to learn remotely because of the pandemic.

One notable measure that failed aimed to fix a mistake that lawmakers made earlier this year during the regular session when a bill inadvertently repealed the regulations for occupational therapists. A new measure to recreate the rules failed in an apparent disagreement between Democratic leaders.

This is a developing story that will be updated.

18 minute radio interview with State Senator Paul Lundeen (R), discussing the lack of bipartisanship during the three day Special Legislative Session, some of his reservations about some of the bills, as well as what he felt they had accomplished.

CO State Sen Paul Lundeen on the non-bipartisanship of "special session"

Sonnenberg: Special session marched obediently to Polis’ drumbeat

December 5, 2020

By Sen. Jerry Sonnenberg

Despite Colorado’s desperate need of economic relief during this pandemic, the state legislature did not convene for the promised “special session” through the spring, summer, or fall months to provide the respite the good people of Colorado need and expect from their elected officials, instead waiting until last week. Better late than never, some might say, until they see what the legislature produced during the long-awaited session.

Unfortunately, it was nothing more than lawmakers executing the agenda of Governor Polis without any sort of negotiation or alterations. Well, almost: the well-informed legislators added “motion pictures and TV” to the section of a bill that doles out $7.5 million to the music, theater, dance and visual arts industry. I guess Netflix didn’t do as well as they expected when people were forced to stay home.

This governor’s disdain for agriculture and rural Colorado was evident – as was expected – by the absence of any aid those outside of the I-25 corridor. I offered an amendment to add 1% to the entire financial aid package for agriculture events such as the Colorado Farm Show, the National Western Stock Show, and the Governor’s Forum on Agriculture. The Appropriations Committee members saw the need and added $3 million to the package.

In the thirty minutes it took to get from committee to the Senate chamber, the Governor’s office marched to the Democratic offices issuing the orders that what happened in Appropriations was not part of their plan – the governor does not want agriculture included in this legislation. He whipped the lawmakers on that side of the aisle into submission, including the Senator who represents the Stock Show, and the only agriculture-related reference was removed.

If that wasn’t enough of a poke at rural Colorado, they will withhold all of the funds from that bill to any county that hasn’t enforced the most recent order from the governor. Despite the fact that regional elected officials view those orders as violating their local control, restaurants, bars and gyms were closed or restricted for the previous six or seven months. Even those businesses that have fully complied will not be included, because this governor is sending his heavy-handed message to all Colorado counties: he is in charge.

This orchestrated execution of the governor’s plan continued without a hitch for all three days. Democratic leadership in both chambers marched step-in-step to the drumbeat of the master, and there was never a doubt that any attempt for the legislature to do something of substance for all Coloradans would not be tolerated.

One of those attempts was my bill to limit the power of a governor when they invoke an emergency order – including any future governor of any party – requiring that if that order continues beyond 60 days, the legislature would need to be involved. Unfortunately, the leadership in both chambers are content with their governor calling all the shots. My bill died a quick death in committee.

As I try to look at the glass half full, I know there will be some great help to Colorado with the additional $250 million (roughly) allocated for tax relief, broadband access, housing and rent relief. We were able to pass my other bill that assigns $45 million to childcare, to current childcare facilities who are struggling or in need of expansion, as well as helping new providers startup. In rural Colorado, childcare is a limited resource and we need more opportunities, even without a pandemic.

All-in-all, those were three long-overdue days that should have happened months ago to help businesses in every part of Colorado stay afloat. Perhaps late is better than never, but for many Coloradans it is too little too late.

Jerry Sonnenberg is a state senator from Sterling, representing Senate District 1.

State Senator (D) Pete Lee has a history of proposing various bills reforming the judicial system and laws ( https://leg.colorado.gov/legislators/pete-lee) , so this bill, technically just a series of drafts circulating as of now, is in keeping with his social justice agenda, and is reported to be introduced in the upcoming 2021 legislative session, due to start next month.

Democrats have already recently passed several laws eliminating bail and reducing a number of incarceration offenses, however the proposed bill would expand on this and would eliminate the option of a bail bond for misdemeanors and several felonies, including Felony 6 through Felony 3.

Suspects arrested for crimes such as various drug offenses, burglary, trespass, theft, car theft, etc... would be instead issued a summons to appear and released on their own recognizance.

Radio talk show host Mike Rosen recently interviewed Weld Co. Sheriff Steve Reams about this proposed bill, as well as his objections to it, and among his objections is that this bill would place the burden on the arresting officer to make a case as to why the suspect is a continuing danger to the public and should be kept in jail rather than released, and it will make it much more difficult to detain or arrest suspects who flee across jurisdictional lines.

To listen to the 14 minute radio podcast interview with Sheriff Reams click the link, and jump to the 35 minute mark:

850 KOA's Mike Rosen interviews Sheriff Steve Reams about the bill to eliminate bail bonds

"Under state law, the departments are now required to reduce fees or increase spending to eliminate the excess funds."

any guesses as to which option they will choose?

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Seven state departments hoarding millions in fee revenue, audit finds

By HANNAH METZGER The Denver Gazette Dec 7, 2020 Updated Dec 7, 2020

Seven state departments are holding millions in revenue from fees in violation of allowed statutory reserves, according to the Colorado Office of the State Auditor’s annual Cash Funds Uncommitted Reserves audit.

The audit found that, as of June 30, 2020, the seven departments had a total of $9.1 million in excess uncommitted cash reserves.

“Paying attention to excess revenue in cash funds is important because it can affect whether the state owes refunds under the Taxpayer’s Bill of Rights,” said Crystal Dorsey, legislative audit manager.

The seven departments were the Department of Agriculture, Department of Law, Department of Personnel and Administration, Department of Public Health and Environment, Department of Public Safety, Department of Regulatory Agencies and Department of State.

Under state law, the departments are now required to reduce fees or increase spending to eliminate the excess funds.

Since this is the fourth consecutive year that the Department of Law has been found to have excess uncommitted funds, the Office of the State Controller will be restricting the department’s spending authority until the excess is eliminated.

The remaining six departments have agreed to take action to eliminate their excess funds, according to the audit report.

The full report is available online at:

http://leg.colorado.gov/sites/...ed_reserves_fy20.pdf

quote:

Originally posted by Modern Day Savage:
"Under state law, the departments are now required to reduce fees or increase spending to eliminate the excess funds."

any guesses as to which option they will choose? . . .

The pattern has been common in fed contracting for some time - spend the budgeted $$ this year, or have your budget reduced next year. The result has been that a lot of meaningless $$ was contracted in the last 3 mos of the fed fiscal year.

quote:

Originally posted by BBMW:
I've toyed with moving to TX. But I can easily see it flipping blue. The place where I originally looked to move, NV, has already flipped blue.

My sister moved down to FL, and is helping flip that blue (I'm one of the two conservatives out of four sibling.)

But if TX and FL flip, turn out the lights and leave, we're done. I'm just hoping, like what heppened from the 70s tot he 80s, people get sick of the liberal bullshit, and the pendulum swings the other way. VA may be the test for this. I can't say I'm too hopeful.

quote:

Originally posted by Modern Day Savage:

quote:

Originally posted by BBMW:
Huh? I live in a state that's been blue since well before the term was invented. And lately it's been getting even worse. I now see the blue creeping into states that had been solidly conservative. If they don't stem the tide, they're going to end up as liberal as it is here. It may very well be to late for CO. I'm seeing the same thing in VA.

quote:

Originally posted by Modern Day Savage:

quote:

Originally posted by BBMW:
Elections have consequences. Either get rid of he Dems or live with their bullshit.

...says the man who resides in a state that some forecast to turn blue in the next 10-12 years.

From one of your previous posts I thought you lived in Texas. My mistake. And yes, a lot of Red states were complacent and took their status for granted, allowing Blue to creep in.

I'm angry at the complacency of some voters, but I also have to remind myself it's difficult to accept just how large a change the Progressive Left has made. It's difficult to grasp their departure from reality or pragmatism, and instead embrace a utopian order that doesn't, and can't, exist...

...but the situation is what it is, can't be denied, and it's past time that voters opposed to these changes kick into gear and start to fight back.

I figure it is already passed the time when much can be done to turn the country around. The enemy has been in control of our schools for years, to the point that we are turning out students who have been indoctrinated rather than educated.

Anyone else remember those TV shows that were interviewing college students?

Corruption seems to have become a standard way of life! If there is any doubt simply consider that whole biden & family scandal that has been routinely swept under the rug by the lame stream media. Not to mention the election fraud.

quote:

Originally posted by Elk Hunter: . . . I figure it is already passed the time when much can be done to turn the country around. The enemy has been in control of our schools for years, to the point that we are turning out students who have been indoctrinated rather than educated. . . .

I recall a WWII documentary where they interviewed a lady who lived in Germany during the war. She commented that Hitler told parents something along the lines of "it's OK if you don't like where our gov't is going, we already have your children"; ie, public education has long been a tool for brainwashing.