A letter from CCLP's CEO on the results of the 2024 elections.
Recent articles
CCLP Policy Forum: Tax credits & you recap
CCLP presented our fourth Policy Forum event discussing tax credits in Colorado.
NHeLP and CCLP file for expedited review of civil rights violations in Colorado
On Sept 16, NHeLP and CCLP submitted a complaint to the Office for Civil Rights in the U.S. Department of Health and Human Services, addressing the ongoing discriminatory provision of case management services for individuals with disabilities in Colorado.
CCLP’s 26th birthday party recap
CCLP celebrated our 26th birthday party while reflecting on another year of successes on behalf of Coloradans experiencing poverty.
CCLP’s legislative watch for April 5, 2024
Note: This article is updated periodically to include status changes and new bills. The bills that are bolded are CCLP priority bills. Much of this information comes from the bills’ direct pages on the Colorado General Assembly’s website and internal research. All bills given below are in support positions unless they are otherwise indicated. To follow along with where the bills are in the process, check out CCLP’s Bill Tracker. Last updated 4/16/2024.
Intro
For the 2024 legislative session, CCLP identified five policy areas where the opportunity exists to make real change, in partnership with other advocacy groups, community members, legislators, and state leaders. These priorities include: expanding access to justice by supporting Coloradans in having the tools to assert their rights, preserving affordable communities by supporting housing initiatives that are centered in community priorities and furthering a path toward continued affordability, removing administrative burden by reducing unnecessary hurdles so Coloradans can get their needs met, reducing health care costs by keeping the health care industry accountable, ensuring care and coverage for the public good, and through supporting progressive tax and wage policies that boost the incomes of working families. The bills CCLP is keeping its eye on are provided below.
Expanding access to justice
HB24-1133, Criminal Record Sealing & Expungement Changes, is a Clean Slate clean-up and implementation bill. It allows persons arrested in cases of mistaken identity to petition the court if the arresting agency has not expunged it. It creates an automated process to seal certain nonconvictions that occurred prior to 2022. As of 2022, people could get many of those nonconvictions sealed immediately. CCLP co-led the passage of the original Colorado Clean Slate Act in 2022 with Healthier Colorado and Interfaith Alliance. CCLP, Healthier Colorado, and Expunge Colorado are leading this year’s bill as well. CCLP’s Deputy Director, Bethany Pray, and one of CCLP’s Policy Fellow’s, Milena Castaneda, provided testimony in support of the bill. You can learn more about HB24-1133 at CCLP’s 2024 Legislative priorities page.
HB24-1286, Equal Justice Fund Authority, would support civil legal aid organizations helping Coloradans with legal problems that threaten basic necessities, including those involving food, shelter, utilities, and necessary medical care, and helps those facing domestic violence. The funds would be generated from a small increase to civil court filing fees. CCLP, along with Colorado Legal Services, Colorado Access to Justice Commission, Community Economic Defense Project, and Rocky Mountain Immigrant Advocacy Network brought the bill forward as the need for legal services funding continues to grow in Colorado. Colorado Access to Justice Commission released a special report on legal aid funding in the west, which found that Colorado ranks tenth among 14 western states in state funding for legal aid – you can read the report here. As a CCLP priority bill, CCLP’s Executive Director, Lydia McCoy, provided testimony in support of this bill which can be read here. CCLP’s Legal Director, Katie Wallat, also provided testimony in support of this bill. You can learn more about HB24-1286 at CCLP’s 2024 Legislative priorities page. Other bills CCLP is supporting in expanding access to justice:
- SB24-072, Voting for Confined Eligible Electors, would ensure that individuals at a county jail or detention center may vote by strengthening voting provisions. CCLP provided written testimony in favor of SB24-072.
- HB24-1368, Language Access Advisory Board, would create the Board to assess and develop recommendations for improving meaningful access to the legislative process for populations with limited English proficiency.
- HB24-1432, Repeal CBI Criminal Justice Record Sealing Fee, would eliminate the requirement for a defendant to pay the Colorado bureau of investigation for costs related to sealing criminal justice records in the bureau’s custody.
Removing administrative burden
SB24-116, Discounted Care for Indigent Patients, is a clean-up bill from the original Hospital Discounted Care legislation. The law requires a health-care facility to screen patients for eligibility for public health insurance programs. This year’s bill concerns health-care billing for indigent, or low-income, patients receiving services not imbursed through the Colorado Indigent Care Program (CICP). We are making sure that people can access discounted care in urban and rural communities. CCLP is co-leading this bill with Colorado Consumer Health Initiative, both of which are original organizers of the 2021 bill. Bethany Pray provided testimony in support of this bill. Learn more about SB24-116 at CCLP’s 2024 Legislative priorities page.
HB24-1035, Modernize Health Benefit Exchange Governance, would provide technical modifications to the laws governing the Colorado health benefit exchange, and modify the criteria for membership on and the number of meetings of the Colorado health insurance exchange oversight committee, adjust the timeline for certain reports and presentations regarding the operations of the exchange, and direct the exchange to annually present its financial and operational plans and major board actions to the committee. This bill was signed into law by the governor on April 4, 2024. Other bills CCLP is supporting in removing administrative burden:
- SB24-093, Continuity of Health-Care Coverage Change, would allow a continuation of health-care benefits during the transition to a new health benefit plan when the enrollee’s health-care provider does not have a contract with the new health insurance carrier. Bethany Pray provided testimony in support of this bill, which can be read here. This bill was signed into law by the governor on April 4, 2024.
- HB24-1229, Presumptive Eligibility for Long-Term Care, would remove the requirement to fully assess a person in need of long-term services and supports before the person is presumed eligible for the medical assistance program.
- HB24-1360, Colorado Disability Opportunity Office, would create this Office to provide guidance to the governor and state agencies on matters related to people with disabilities, and implement a statewide strategy to facilitate full societal integration by investing in the success of individuals with disabilities.
- HB24-1399, Discounted Care for Indigent Patients, would reduce administrative barriers for Hospital Discounted Care customers because patients won’t have to provide information and documentation for Hospital Discounted Care and Colorado Indigent Care Program (CICP), which would go in effect in 2025.
- HB24-1400, Medicaid Eligibility Procedures, would allow the state to continue to use the Public Health Emergency unwind specific waiver authority known as 14E authority, to utilize flexibility in the eligibility renewal processes.
Preserving affordable communities
Half of Coloradans pay more than 30% of their income for rent. Almost one in every four Coloradans use half of their income for rent. [1] SB24-064, Monthly Residential Eviction Data & Report, would provide aggregate data on those who are being evicted. CCLP’s Income and Housing Policy Director, Charles Brennan provided written testimony in favor of this bill, which you can read here.
HB24-1294, Mobile Homes in Mobile Home Parks, is a CCLP priority bill. It would provide greater transparency in “Rent to Own” agreements, provide greater language access for limited-English proficient residents, create efficiencies in the dispute resolution and enforcement program, clarify enforcement of park rules and regulations, ensure notices and park meetings are accessible, and other technical corrections to the original Mobile Home Park Act. CCLP is co-leading this bill with Colorado Poverty Law Project and Voces Unidas Action Fund, and Charles Brennan provided testimony in support of the bill. Learn more about HB24-1294 at CCLP’s 2024 Legislative priorities page. Other bills CCLP is supporting in preserving affordable communities:
- SB24-032, Methods to Increase the Use of Transit, concerns methods to increase the use of transit by creating a statewide transit pass exploratory committee to produce a viable proposal for a statewide transit pass, and other programs like ozone season transit grant program, youth fare free transit grant program, and income tax credit for the purchase of a transit pass.
- SB24-094, Safe Housing for Residential Tenants, would add timelines and clarify court processes regarding enforcement of Warranty of Habitability laws which sets basic living and safety standards for residential premises.
- SB24-184, Support Surface Transportation Infrastructure Development, would support the development of surface transportation infrastructure and provide funding and operational flexibility needed to support the development of transit and train infrastructure. It would provide transportation services to new Transit-Oriented Development projects, thus reducing drivers on the road and pollution, and lowering the cost of living by improving access to affordable transportation options.
- HB24-1007, Prohibit Residential Occupancy Limits, would prohibit local governments from establishing residential occupancy limits based on familial relationship, but does allow them to implement residential occupancy limits based on demonstrated health and safety concerns. This bill was signed into law by the governor on April 15, 2024.
- HB24-1057, Prohibit Algorithmic Devices Used for Rent Setting, would prohibit the practice setting rents by algorithms, such as factoring in average area rents, the percentage of vacant units, etc.
- HB24-1098, Cause Required for Eviction of Residential Tenant, would require cause – such as nonpayment of rent or substantial lease violations – for a landlord to not renew a lease and proceed with an eviction. Charles Brennan also provided testimony in favor of HB24-1098.
- HB24-1175, Local Governments Rights to Property for Affordable Housing, would allow a local government right of first refusal or offer to purchase qualifying multifamily property for the purpose of providing long-term affordable housing or mixed-income development.
- HB24-1318, Modify Rental Premises Person with Disability, would remove the provision that allows a landlord to ask for conditional permission for a modification on the renter agreeing to restore the interior of the premises, as it is discriminatory against individuals with disabilities.
- HB24-1322, Medicaid Coverage Housing & Nutrition Services, would direct the department of health care policy & financing to conduct a feasibility study to determine whether to seek federal authorization to provide services that address Medicaid members’ health-related social needs, such as housing and nutrition related services.
Progressive tax and wage policies
HB24-1084, Repeal & Reenact Earned Income Tax Credit Increase, was a legal fix to the passage and enactment of House Bill 23B-1002, which increased the amount of the state EITC for 2023 from 25% to 50% of the amount of the federal EITC as a TABOR refund mechanism for the 2022-23 state fiscal year. This bill was signed into law by the governor on January 31, 2024. HB24-1134, Adjustments to Tax Expenditures to Reduce Burden, proposes a permanent Earned Income Tax Credit (EITC) Expansion to extend and maintain a federal match at 50% of the federal credit rather than the 20% of the federal EITC that will otherwise return in future years. The bill would also blend the state Child Care Tax Credit and the Low Income Child Care Tax Credit. CCLP’s Emeritus Advisor, Chaer Robert, provided testimony in support of the bill and you can read it here.
Pay transparency for app-based gig workers and customers is again on the table with SB24-075, Transportation Network Company Transparency. What do different tasks pay? How far is the drive? How much was tipped within an app are important determinants of whether a job task is desirable or viable. Transparency about why workers might be blocked from the app and having an appeal process for potential reinstatement are basic elements of minimal job quality. Other bills CCLP is supporting in progressive tax and wage policies:
- SB24-040, State Funding for Senior Services, would add $5 million and an automatic inflation adjustment to Older Coloradans Act funding. This funding helps older adults remain in their homes and thrive, with locally determined services including meals on wheels, congregate meals, home health services, and the like.
- HB24-1008, Wage Claims Construction Industry Contractors, would make contractors in the construction field liable for wages not paid to workers working for their subcontractors.
- HB24-1052, Senior Housing Income Tax Credit, would renew for one year a refundable tax credit for seniors who are renters, or otherwise ineligible for the Senior Homestead Exemption.
- HB24-1095, Increasing Protections for Minor Workers, would increase penalties for violations of the “Colorado Youth Employment Opportunity Act of 1971” and require that the penalties be deposited into a wage theft enforcement fund. Entities that violate the act must also pay specified damages to the individual who is aggrieved. Learn more about child labor laws across the country in Economic Policy Institute’s Working Economic Blog, Child labor remains a key state legislative issue in 2024.
- HB24-1129 – Protections for Delivery Network Company Drivers, would require a delivery network company, such as Doordash, UberEats, and the like, to provide various disclosures to its drivers and to consumers of the company regarding payments that a consumer makes to the company and the amount the company then pays to a driver. Charles Brennan testified in support of the bill.
- HB24-1148, Amending Terms of Consumer Lending Laws, would amend the Colorado “Uniform Consumer Credit Code” to change the terms and interest rates an institution that is not a bank, credit union, or deals with savings and loans, may charge in a consumer credit transaction.
- HB24-1288, Earned Income Tax Credit Data Sharing, would allow data sharing between state agencies. It would also require the creation of a pilot program to assist residents who have not filed a federal income tax return for the 2022 income tax year in claiming the EITC for that same year. This would put more money in the pockets of those who need it most.
- HB24-1297, Baby Bonds Program Study, would create a study regarding the creations of a baby bonds program through which the state would deposit a specified amount of money into a public trust account for an eligible child who may use the money and its earnings for certain eligible uses upon turning 18 years old.
- HB24-1311, Family Affordability Tax Credit, would create a progressively structured TABOR refund mechanism available only in years of TABOR excess revenue. This would provide families with additional funds. The tax credit reduces child poverty, as had happened under the federal child tax credit temporary expansion during the pandemic.
Reducing health care costs
SB24-080, Transparency in Health-Care Coverage, requires insurers to have an online consumer facing tool to provide prices based on cost sharing. Bethany Pray provided testimony in support of this bill. HB24-1066, Prevent Workplace Violence in Health-Care Settings, the bill would enact the “Violence Prevention in Health-care Settings Act”, providing methods to prevent workplace violence in certain health-care settings. Milena Castaneda provided testimony in support of this bill. Other bills CCLP is supporting in reducing health care costs:
- SB24-001, Continue Youth Mental Health Services Program, would continue the program established by HB21-1258, also known as “I Matter”, as it is scheduled to be repealed on June 30, 2024.
- SB24-007, Behavioral Health First Aid Training Program, would create a behavioral health first aid training program in the office of suicide prevention.
- SB24-117, Eating Disorder Treatment & Recovery Programs, deals with protections for individuals with an eating disorder, and requiring an eating disorder treatment and recovery facility to hold an appropriate designation and requiring the behavioral health administration to regulate the use of involuntary feeding tubes.
- SB24-175, Improving Perinatal Health Outcomes, would require doula care services to be covered under health benefit plans – individual, small, and employer-based. Coverage will mirror doula care benefits that the Department of Health Care Policy and Financing is currently trying to afford through Medicaid once federal authorization is granted.
- HB24-1040, Gender-Affirming Health-Care Provider Study, which would require the department of public health and environment to conduct a gender-affirming health-care provider study. Unfortunately, this bill was postponed indefinitely on April 2, 2024.
- HB24-1075, Analysis of Universal Health-Care Payment System, would take another step for the single-payer approach to health care coverage, authorizing Colorado School of Public Health to conduct an analysis of various legislative proposals establishing a statewide single-payer universal health care system, with an advisory committee of stakeholders in named sectors and roles.
- HB24-1113, Credit for Paid Health Insurance Deductible, would have required an individual’s, whose health insurance carrier exits the health insurance market and can no longer provide coverage, new health insurance carrier to credit all out-of-pocket expenses, including payments for a deductible or other coinsurance amount paid by the individuals in accordance with the original benefit plan. Unfortunately, this bill was postponed indefinitely on February 14, 2024.
- HB24-1258, Credit Covered Person Expenses Insurer Insolvency, is similar to HB24-1113, for any individual health benefit plans, if a covered person has paid any out-of-pocket expenses and their health insurance carrier exits the health insurance market and can no longer provide coverage, their new health insurance carrier to credit these expenses in accordance with their original benefit plan.
Other bills we are supporting
- SB24-034, Increase Access to School-Based Health Care would increase the scope and funding for school-based health care.
- SB24-053, Racial Equity Study, regarding an evaluation of racial equity for Black Coloradans by conducting a study to determine any historical and ongoing effects of slavery and subsequent systemic racism on Black Coloradans that may be attributed to Colorado state policies, and to identify measures that are consistent with the constitution to address those effects.
- HB24-1009, Bilingual Child Care Licensing Resources, would require testing for childcare provider licenses and information for childcare providers to be translated into the two most common languages in Colorado.
- HB24-1019, Crisis Resolution Team Program, would establish short term (four to six weeks) community-based crisis stabilization services to children and youth through a Crisis Response Team Program within the Department of Human Services.
- HB24-1028, Overdose Prevention Centers, would authorize for a municipality to allow for overdose prevention centers to operate within its jurisdiction.
- HB24-1262, Maternal Health Midwives, concerns maternal health by updating the title of these professionals, creates a study to review maternal and infant facility and provider closures to recommend best practices to protect communities, creates a maternal health desert and asset map, and adds pregnancy as a protected class for purposes of discrimination in places of public accommodation.
- HB24-1355, Measures to Reduce the Competency Wait List, would reduce the competency wait list by creating a wraparound care program as a community-based alternative to competency proceedings. This is to increase the success of eligible individuals refered from the criminal justice system by connecting the individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability.
- HB24-1390, School Food Programs, would provide more sustainable funding for the Healthy School Meals for All Program, which was implemented in the 2023-2024 school year. Data has shown that Healthy School Meals for All has been wildly successful in combatting food insecurity for low-income students.
- HB24-1444, Federal Indian Boarding School Research Program, would continue the program that was created and enacted by HB22-1327. This program would help to develop further recommendations to CDHS and other state agencies on how to address the lasting impacts the boarding school system has had on this population.
Bills CCLP is monitoring
- SB24-129, Nonprofit Member Data Privacy & Public Agencies, would protect the privacy of persons associated with nonprofit entities, and would prohibit public agencies from taking certain actions related to the collection and disclosure of data that may identify such persons. Bethany Pray provided testimony for this bill and CCLP is in a monitor position based on recent amendments.
- HB24-1124, Discrimination in Places of Public Accommodation, would make the place of business listed as an exempt organization engaged viewpoint discrimination in places of public accommodation are subject to the Colorado anti-discrimination act. CCLP is in a monitor position based on recent amendments.
- HB24-1233, Homeowners’ Association Delinquency Payments Enforcement Procedures, focuses on the collection of HOA payments from unit owners with delinquent accounts. The bill would remove having to post a notice of delinquency on the actual unit, and would require notices be sent by mail, creating cost and time inefficiencies. The bill would also decrease the duration of time the unit owner can enroll in a payment plan to repay the debt and if there are costs associated with notices or other documentation that the HOA sends to a unit owner, the unit owner must be responsible for paying the cost. CCLP is opposing this bill because this could lead to people losing their homes based off unpaid HOA fees, which can be expensive and are sometimes expected to be paid upfront. We believe it is critical to not let additional fees lead to people losing their homes. Based on recent amendments, CCLP has moved our position from opposing to monitoring.
- HB24-1142, Reduce Income Tax Social Security Benefits, would reduce the amount of income tax on social security benefits an individual who is 65 years of age or older would claim on their income taxes for every fiscal year. CCLP opposes this bill because increasing the cap on the amount of social security wages that are exempt from taxes primarily helps those in the middle class and above. Individual filers would only benefit if their income were above $33,850, excluding all individuals living below that amount annually. We want to put money into the pockets of all Coloradans, not just those above the federal poverty line. Based on recent amendments, CCLP has moved our position from opposing to monitoring.
Bills CCLP is opposing
- SB24-060, Prescription Drug Affordability Board Exempt Orphan Drugs, would exempt certain drugs from review by the Prescription Drug Affordability Board (PDAB). CCLP is opposing this bill because, the financial advantages for Big Pharma on orphan drugs have led to manufacturers focusing disproportionately on rare conditions and demanding extraordinary prices. CCLP refuses to support Big Pharma in gaining more profits from patients and consumers needing life-saving medication. Bethany Pray provided testimony against this bill, including having testified before PDAB regarding the drug Trikafta, which can be read here. This bill has been scheduled for after session, therefore the bill will be killed.
- HB24-1065, Reduction of State Income Tax Rate, would reduce the state income tax rate. CCLP opposes this bill because income taxes are used to fund our state’s public programs, parks, education, health, and the like. Additionally, those with income too low to owe income taxes don’t benefit at all. If the bill were to have passed, most of these individuals would lose most, if not all TABOR rebate since the projected $1.3 billion in reduced state revenue would reduce the TABOR refunds by 73% for the next couple years. Chaer Robert provided testimony opposing this bill. Fortunately, this bill was postponed indefinitely on February 12, 2024.
- HB24-1306, Increase Penalty Possession of Synthetic Opiates, would increase the criminal penalty associated with possession of synthetic opiates. CCLP opposed this bill because it would have greatly increased inequities in our communities. By felonizing any substance containing fentanyl, we increase policing of BIPOC, unhoused, and drug-using communities, all of which are already over-policed and would further exacerbate mass incarceration. This bill was killed on March 3, 2024.
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[1] The Colorado Sun, Young Colorado renters need to choose if they’ll pay the landlord, the hospital or grandma