The Senate voted on Thursday 29-6 to pass Senate Bill 207, the FY 2019-2020 Long Bill, on third reading. The budget will now head to the House Appropriations Committee for consideration.
Floor speech on SB207 Budget bill
on Third Reading
As I noted last week, the budget increases K-12 education funding by $335.9 million, and buys down the budget stabilization factor by $77 million. We also set-aside $185 million for a bill that would begin to implement full-day Kindergarten. We made targeted investments in order to bring down the Intellectual and Developmental Disabilities waitlist, fund the first year of the Colorado Water Plan, and increase provider rates for mental and behavioral health care services, among others.
Despite these budget items, the Senate attempted to make the budget better by amending it in various ways. There were eight amendments to the budget, including more money for transportation, additional funding for homecare providers, and money for the Governor's request for a state paid parental leave program.
As is the custom, the budget will now head to the House Appropriations Committee where all the amendments will be stripped and the House will begin their budget debate. Once they finish, the budget will return to the Senate and ultimately end up in a Conference Committee made up of the JBC members, where we will reconcile the differences. It is rare that amendments to the budget stick because we must balance the budget per our Constitution.
Writing the budget was very difficult, but it is the best piece of legislation that I have ever had the honor of working on. This budget, which passed with bipartisan support, represents a process of negotiation, accommodation, and collaboration. It not only sets a prudent foundation for Colorado's prosperity, but it tells the story of how Colorado at her best gets the job done.
Here is a link to the speech I made on the Senate floor about the budget when we passed it on Third Reading. And if you are curious as to what is in the budget, here is a link to the Long Bill Narrative.
Controversy over Extreme Risk Protection Order bill
Last week we debated and voted on the
Extreme Risk Protection Order bill. We apologize to anyone who called and couldn't get through--as soon as we cleared the voicemail, it would fill up again. We waded through thousands of emails to identify constituents so that you can hear from me first, but this debate came up at the same time that I, as a JBC member, was introducing and passing the budget. We appreciate your patience!
I heard from many constituents on both sides of this issue, and they were all equally passionate. I also heard from various interests groups including the Rocky Mountain Gun Owners, Moms Demand Action, Colorado Ceasefire, survivors of the Parkland shooting, parents of victims of the Columbine shooting, the Aurora shooting, and the Newtown shooting, Zach Parrish the father of Deputy Zachari Parrish, several Sheriffs that oppose the bill, the Colorado Police Chiefs Association who support the bill, and many people from outside the district.
I understand it is my job to look to the protection, safety and rights of the people of Colorado, and will not shy away from making tough decisions. Several people sent threatening emails promising to recall me if I did not vote their way. But after investigating the concerns, weighing the feedback I received, listening to the floor debate, and examining the different amendments, I felt that it was in Colorado's best interest to adopt this policy, and therefore voted in favor.
Here is what went into my thinking as I made this decision: After hearing feedback about the bill, I took time to further research the main concerns. Those concerns ranged from the Constitutionality of the proposed law, the protections against false claims, and the due process elements. Proponents of the bill wanted to see legislation that focused on the actions and behavior of the few dangerous people who showed signs of wanting to do harm to themselves or others, and not harm the many responsible gun owners in Colorado.
Regarding the question of Constitutionality, there is quite a bit of case law that offers guidance. Fourteen other states have already enacted an Extreme Risk Protection Order law, and where there were challenges, the law was upheld. Namely, Redington v. Indiana (2013) when the Indiana Court of Appeals ruled that the state may restrict access to firearms by dangerous persons in the interest of public safety and welfare. Also in US Supreme Court in District of Columbia v. Heller (2008), where the court's majority opinion written by Justice Antonin Scalia noted that the Second Amendment, like other amendments, does not create an unlimited and absolute right.
Another concern with the bill were about protections against false claims. The bill puts the burden of proof on the person making the complaint, not the gun owner. The accuser must prove that there is a real and immediate danger, and a judge will determine if is true. The accusations are made under oath and penalty of perjury. The accuser risks going to jail for years and paying hundreds of thousands in fines for lying. One amendment further strengthened protections against false claims by allowing falsely accused respondents a private cause of action against the petitioner, which could entitle them to damages, fees, and costs.
As far as 'due process' goes, the bill adopts a process similar to the one for warrants and restraining orders, but more stringent, and the procedure is similar to the existing Colorado law for domestic violence protective orders. The respondent does have an opportunity to defend themselves in a full evidentiary hearing before a full ERPO is issued, and they are provided legal counsel, paid for by the state, to safeguard respondents' rights and interests during the ERPO proceeding. In fact, this bill puts more due process in place to remove someone's gun than what Colorado places on the court to take someone's child away.
As noted earlier, this measure has been adopted by 14 other states, and no challenge to its Constitutionality have been successful. There are clear protections in the Constitution, and we must respect them. But the Constitution also lays out the process by which those rights can, in the public interest, be curtailed. Everyone has a right to bear arms, but convicts in prison lose that right. A bank or airport can suspend that right while people use their services. And if a suicidal person threatens to shoot up the room and themselves, it is not improper to tell them they need to put the gun down.
It is my job to pass laws, not interpret or uphold them, as that falls to our executive and judicial branches of government. It's possible that this law will be challenged in court, but since I am a lawmaker and not an attorney, I listened to the legal opinion of our Attorney General who testified during the hearing that: "In light of the above, and the successful implementation of ERPO-like measures in several other states, we believe that HB19-1177, as drafted, is a proper and appropriately drafted regulation that is consistent with the Second Amendment's requirements."
Rachel Zenzinger
Rachel Zenzinger won election to the Colorado State Senate, representing District 19, in November 2016. She also served as Senator for SD19 in 2014. Sen. Zenzinger is a member of the Joint Budget Committee, the Chair of the Senate Appropriations Committee, a member of the Statutory Revision Committee, a member of the Interim School Finance Committee, and a board member of the Statewide Internet Portal Authority.
Coffee With Constituents
Our next 'Coffee' event will be on Thursday April 11 from 7 am - 8 am at the Morning Story Restaurant,
8025 Sheridan Boulevard, Arvada, CO 80003. Menus will be available for folks to order breakfast if they so choose. The coffee will be on us!
Presenting the budget and amendments to the caucus
Town hall on TABOR (Taxpayers Bill of Rights)
Our monthly town hall with Representatives Tracy Kraft-Tharp, Brianna Titone, and myself will feature guest speakers who will address the Taxpayers Bill of Rights, also known as TABOR. We meet the third Saturday of the month, April 20th from 10:30 - 12:00 pm at the Standley Lake Library, 8486 Kipling Street, Arvada.
The Stevens Family from Hackberry Hill Elementary visiting the Senate
Senate Bill 194 on adding CSU Global to Ntl Guard tuition reimbursement program passes unanimously
Tracking your Senator
On Monday, the
JBC introduced the 2019-20 Budget... I passed
SB144 on motorcycles and inoperable lights on Third Reading... I also passed
SB194 on National Guard tuition at CSU Global on Second Reading...
On Tuesday, I chaired the
Senate Appropriations Committee where we approved of the budget and the orbital bills... We heard a resolution to honor
Colorado Children's Health Day... I passed SB194 on Third Reading...
On Wednesday, we had a
public caucus over the budget and the amendments that were submitted... I passed
SB209 on PACE provider rates on Second Reading Consent Calendar... We passed
SB207 Long Bill on Second Reading...
On Thursday, we passed the
SB207 on Third Reading... We welcomed participants from
Montrose University... We recognized the
Tuskegee Airmen...
On Friday, I chaired the
Senate Appropriations Committee... The Senate observed a moment of silence and rang the Senate chimes in memory of Army Green Berets, Sergeant First Class
Will D. Lindsay of Cortez, Colorado, and Specialist
Joseph P. Collette of Lancaster, Ohio, who were killed in action in Kunduz province, Afghanistan...The
Stevens Family, Jaclyn, Thomas, Mara, and Oren, of Hackberry Elementary visited the Senate Chambers.
Stevens Family (Thomas, Oren, Jaclyn, and Mara) visiting the Senate floor
If there is an event you think I should attend, please notify me!
Donations to
Rachel For Colorado
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