“What we ran on”
Democrats deliver on major alterations to health care, education and the environment in dramatic session
Democratic lawmakers ended their work reshaping Colorado on Friday, delivering on most of their campaign promises before the giant rubber band ball fell to mark the end of the session.
Sweeping changes on education, health care and the environment, coupled with a host of social policy changes such as a ban on gay conversion therapy and new gun control legislation, ensure the 2019 legislative session will be remembered as one of the most transformative in decades.
The General Assembly adjourned Friday night after one of the most conflict-filled legislative sessions in recent memory. The 120 days were punctuated with late nights, longwinded debate and lawsuits.
Nevertheless, Democrats, who had complete control of the legislative agenda for the first time in four years, and Gov. Jared Polis were able to pass legislation they believe will drive down the cost of health care, pay for full-day kindergarten and overhaul regulations for the oil and gas industry.
“This is what we ran on,” said state Sen. Julie Gonzales, a Denver Democrat and freshman lawmaker. “This is the transformative policy we fought for.”
Despite all of their efforts, Democrats are leaving some work unfinished, such as figuring out how to provide paid family leave statewide and repealing the death penalty — policy questions that bitterly divided the Senate caucus.
On the other side of the aisle, Senate Minority Leader Chris Holbert said he was proud of his caucus’ work slowing down legislation and adding substantive amendments to bills Republicans saw as threats.
“We know the rules. We know the process,” said Holbert, of Parker. “We don’t have the votes to get things done. But we do have the talent to keep what we believe were some of the worse things from passing or scale them back with amendments.”
The tension between the two parties in the Senate reached a fever pitch Monday as Republicans ground work to a halt and Democrats took the unusual step of limiting debate. The conflict resulted in lawmakers working through until 5:30 a.m. Tuesday.
“It’s been a long four months,” said Senate Majority Leader Steve Fenberg, a Boulder Democrat. “There have been tense moments and then moments where all of the sudden everything seems great and working smooth.”
While the process was messy at times, Fenberg said, Democrats accomplished what they set out to do.
“There is no question this is a very productive session — whether you agree with what we did or not,” he said.
Policy agenda achieved
The biggest legislative win for Democrats — especially Polis — is securing money for all-day kindergarten, which will also free up an additional 5,000 free preschool seats.
Signing the bill that pays for full-day kindergarten will be “a moment that creates a positive legacy for Colorado families,” Polis said Friday.
A host of health care bills are making their way to the governor’s desk, as well. However, several — allowing the import of prescription drugs from Canada, starting a reinsurance program to lower insurance premiums and creating public-option insurance — will all need the approval of the federal government.
“This year we had the momentum and political will to get these things done,” said state Rep. Dylan Roberts, an Eagle Democrat who pushed for several of the health care bills. “It’s exciting that Colorado is leading. In a lot of ways we need to because we have unique challenges in delivering health care.”
Many of the education and health care proposals had bipartisan support.
House Speaker KC Becker, a Boulder Democrat, pushed a number of bills to tackle climate change.
“I think it needs to be part of our legacy,” she said earlier this year, discussing her bill to set new carbon goals. “It’s very, very important to me. And given that we have a trifecta, it’s an incredible opportunity to do something. Colorado needs to lead in this area.”
Democrats also delivered on progressive policies that Senate Republicans had blocked in previous sessions such as equal pay for women and making it easier for transgender individuals to change their identification papers — policies that were a priority for the progressive organizations that helped put them in office.
“For the last four years, we’ve seen Republican leadership send sensible legislation to a kill committee,” said Daniel Ramos, the executive director of One Colorado, which advocates for LGBT rights. “The real story is that when politics doesn’t get in the way, when conversations can be had, when legislatures can listen to the stories of the way legislation can impact lives, most folks vote in a way to support Coloradans — including LGBT Coloradans.”
Fault lines exposed
After the 2018 elections, there were more Democrats in the House than there were Republicans in both chambers combined. For progressives, this signaled a new era of dominance that would ensure their policies would move forward with little headache. For conservatives, it struck fear that they would be helpless.
Neither scenario turned out to be true.
The Senate Democratic caucus failed to find cohesion on a series of bills, including the death penalty, a paid family leave program and a tobacco tax increase that was championed by Polis.
“There was just this assumption that everyone was going to fall into line,” said longtime Democratic strategist and lobbyist Ted Trimpa, who fought the lastminute tax proposal.
In addition, the Senate GOP executed on delay tactics that included a trip to Denver District Court over how bills — including one that ran 2,000 pages — should be read at length.
Republicans also counted successes in scaling back a bill on sex education changes and forcing Democrats to give up on a bill that would have made it harder for parents to exempt their children from vaccinations.
“We found a way to get the majority to listen and occasionally work for us,” Holbert said.
Ripple effects
The end of the legislative session is a sort of fork in the road.
In one direction is the rollout of the laws that lawmakers approved. In the other direction are recall elections and other efforts to undo some of the legislature’s work.
Many of the laws, especially those on oil and gas and climate change, will be handed off to the executive branch and local governments to be put into place. Industry experts and observers suggest the policies around oil and gas could take years to put in place. The effort will be even more complicated if local governments, who now have the authority, decide to step in.
At the same time, there are efforts to unseat at least one Democratic House member. Gun rights advocates announced a lawsuit Thursday challenging the legality of a red-flag bill that would allow courts to order the removal of firearms from people experiencing mental health crises. And another effort aims to halt the new law that directs Colorado to give its Electoral College votes to the winner of the national popular vote.
All of that will go on without the General Assembly, which is now out of session until January. The House finished at 6:45 p.m. Friday, about 90 minutes after the Senate dropped a rubber band ball in a lighthearted end-of-session tradition.