It’s the final countdown at the State Capitol. This year’s legislative session ends at 11:59 p.m. on Monday and lawmakers are scrambling to complete their work, with Democrats trying to pass as many bills as possible and Republicans trying to debate them at length.
As of Friday morning, there were over 150 bills still pending in the General Assembly. One of the most significant of those is a sweeping and controversial land-use bill backed by many Democrats and Gov. Jared Polis. Another is a bill that intends to provide property tax relief to Coloradans in exchange for lower refunds through the Taxpayer Bill of Rights, or TABOR, which guarantees the state's excess tax revenue is given back to taxpayers. If approved, that bill would go to the voters and be on the ballot in November.
Democrats have already pushed through some big measures this week, such as a bill that would ban firearms that don't have serial numbers, which are used to track guns and who owns them. The bill would include a ban on 'ghost guns' that are sold disassembled in kits or made using a 3D printer. Anotherbill that is soon to land on Gov. Polis’ desk would require all-gender restrooms in new and renovated public buildings.
Both the House of Representatives and the Senate have worked late into the night most days this week, and lawmakers plan to work through the weekend.
The busy schedule has leadership from both parties worried about fatigue.
“I think when people are tired, they're not always their best self,” House Speaker Julie McCluskie said. “I hope that everyone shows up continuing to be respectful, protecting the decorum of the institution and working with each other.”
There have been some heated moments this week. On Thursday, Republican Rep. Ken DeGraaf got into a shouting match with Democrats on the House floor over the land-use bill.
Still, House Speaker McCluskie remained optimistic on Wednesday about the potential for bipartisan collaboration and cooperation in the final days.
“We're feeling strong about where we are on the calendar,” she said. “I hope that we can continue to work collaboratively – no reading bills at length, no filibustering tactics, no delays – (so) that we keep doing the work honestly. We continue to collaborate with minority leadership and make sure that their priorities are addressed, that their hopes are addressed, as we finish out session.”
Despite McCluskie's positive attitude, the delay tactics have continued. Republicans have had a number of bills read at length on the House floor through a computerized reader, including the 154-page land-use bill, which takes around four hours to get through.
“It gives us time to talk and discuss things a little more in depth,” Republican House Minority Leader Mike Lynch said of the delays.
He said Democrats are pushing through bills without thorough review. For him, those hastily-passed bills include the state budget, which was passed with a typo in its final form: the almost $40 billion dollar tab was off by about $10,000.
Lynch is also concerned Gov. Polis may not follow through on signing two bills that would add protections for ranchers and their livestock during the wolf -reintroduction process that was just approved Wednesday by the Colorado Parks and Wildlife Commission. On top of that, he said Democrats aren’t giving enough attention to a bill he is sponsoring that would increase penalties for the distribution of controlled substances if they lead to someone’s death.
“Once again, the Democrats have proven that they don't care about law and order,” Lynch said.
In the Senate, Republican Minority Leader Paul Lundeen is more concerned about the property tax relief bill.
“Democrats have offered a bill that grows government,” he said. “It's all about taking the Taxpayer Bill of Rights refund away from the taxpayers and using it to grow government. And so we'll continue to fight against that.”
Lundeen also said he would support a special legislative session over the summer to continue to hammer out the property tax relief bill. Unlike his counterpart in the House, however, he does not support having bills read at length.
“We're not using any shenanigans, we're not doing any tricks,” he said. “We're not choosing to read bills at length mechanically. We are standing and arguing on behalf of the people of Colorado.”
Senate President Steve Fenberg, a Democrat, acknowledges the rushed nature of the end of session but said lawmakers need to stay calm and get the work done.
“I hope cooler heads prevail. I hope we have legitimate debates, and it doesn't turn into a filibuster towards the end just to hit the clock,” Fenberg said. “We will be tackling a lot of these big problems and big bills with integrity, and do it in a way that understands that yes, things are rushed, things are tense at the very last parts of session, but that's our job.”
Fenberg also described a different atmosphere in his chamber versus the House of Representatives.
“There are a lot of newer faces over there. I think that's a good thing,” Fenberg said. “But the Senate is always going to be a little bit more slow and deliberative than the House. That's just in our nature. There are fewer of us. We can have more intensive debates that are policy-oriented.”
Although Democrats hold a super-majority in the legislature, several progressive-backed policies have failed this session including a bill to legalize overdose prevention centers and another that would have allowed local governments to impose rent control ordinances.
Democrats have still managed to accomplish some significant policy victories. They passed a historic package of gun-control reforms and protections for people seeking abortions and gender-affirming care in Colorado.
It remains to be seen if, as Senate President Fenberg said, cooler heads will prevail and Democrats are able to pass their other big-ticket bills in the next three days.
