top of page

Update on Colorado Legislative Session with regards to public safety, burdens on businesses and constitutional rights
April 9, 2025

This is an update on the Colorado legislative session with regards to public safety, burdens on businesses, and constitutional rights. 
 
At the end, I have added a brief discussion on a few constitutional rights cases before the US Supreme Court.  The year 2026 is the 250th Anniversary of our country’s founding.  How are we doing?   
 

Public Safety - Removing Criminal Illegal Immigrants from our Communities. 

 
Right now, state law prohibits Colorado law enforcement from notifying Federal Immigration and Customs Enforcement (ICE) when a criminal illegal immigrant is about to be released from jail or from detaining that individual for ICE pick-up.  Instead, the foreign criminal in our country illegally is released back into the community.  It is critical that Colorado take action to change its sanctuary state laws and allow our state and local law enforcement to work with ICE to remove criminal illegals from our state and country.    
 
I testified in support of SB25-147, The Enforcement of Federal Immigration Law, which would repeal the sanctuary state laws and reinstate 2006 Colorado law that required local and state law enforcement to cooperate with ICE.  Unfortunately, this bill was killed in a party-line vote in committee. 
 
I find it ironic and hypocritical that Governor Polis makes statements in support of ICE removing criminal illegal immigrants from Colorado, when he is the one who signed these sanctuary state bills into law.  Also, he is nowhere to be found in supporting legislation to remove these criminals from our state.  We should have state laws that put the public safety of Colorado residents first versus protecting criminal illegal immigrants.      
 

Fighting One More Anti-Business Bill, SB25-005. 

 
For 80 years, Colorado has avoided much of the labor strife in other states because of our unique law, the Colorado Labor Peace Act, which has a balanced approach to workplace unionization.  This approach ensures there is broad worker support before a union can be established that requires non-union members to pay dues to the union.  The Labor Peace Act has provided for two elections: first, a majority vote of the employees to have a union, and the second election where a supermajority is required for mandatory dues payment.  Senate Bill 25-005 repeals the Labor Peace Act and authorizes a path to a full “union shop” with one election requiring just a majority vote to unionize.  
 
I have written to our State Representatives from El Paso County urging them to vote no on SB25-005, Worker Protection Collective Bargaining.  This bill comes to the House for a vote after passing on a party-line vote in the Senate. This bill is regarded by many business chambers as one of the most damaging anti-business bills introduced in this session—and that is saying something! 
 

Finally, We Must Defend Our Constitutional Rights

 
Political winds and personalities come and go, posing different challenges to our constitutional rights throughout our country’s history.  On our watch, we must stand firm in protecting our unalienable individual liberties.  This includes protecting our Second Amendment right to keep and bear arms, which are under full-scale attack from the Colorado Legislature. 
 
I know those receiving this email have mixed views on gun control laws.  However, I hope we all recognize that our rights in the Bill of Rights are not a smorgasbord where we pick and choose which parts of the Constitution deserve defending.  In my life experience, I have met many people who did not value the Second Amendment until they were under threat of violence and wanted a way to protect themselves.  I saw this with domestic violence victims who had fled their abuser—many times the victim would buy a gun to defend themselves and have a sense of security. 
 
We should be especially sensitive to bills encroaching on the rights of law-abiding citizens to own guns versus punishing criminals who use guns to commit crimes.  These are two very different types of legislation—one is anti-gun and the other is anti-gun violence.  The restrictions and burdens on law-abiding citizens’ right to own firearms goes to the heart of our Second Amendment rights.
 
The worst of the anti-Second Amendment bills in this legislative session is Senate Bill 25-003, Semi-Auto Firearm Ban and Gun Owner Registry.  I testified against SB25-003 and have signed a petition asking the Governor to veto this bill.  This bill would restrict access to nearly every semi-automatic firearm that accepts a detachable magazine. This includes guns commonly used for self-defense and hunting. In addition, this bill is contrary to the US Supreme Court Bruen case explaining the scope of our Second Amendment rights. 
 
This bill passed the House and Senate on a mostly party-line vote and is on the Governor’s desk for signature (or veto). 
 

Constitutional Commentary—1st Amendment, Freedom of Speech 

Here are two Freedom of Speech cases pending before the US Supreme Court: 
 
Sullivan v. Texas Ethics Commission (fee required to lobby state legislators)
 
Issue: Whether a Texas law requiring payment of a fee to lobby state legislators violates the First Amendment freedom of speech rights.  A Texas nonprofit, Empower Texans, made a scorecard of legislators’ votes on taxes and spending, and shared that information with legislators.  Two legislators filed a complaint that Empower Texans had not registered as a lobbyist and paid the required fee. 
 
NOTE:  Under Supreme Court cases, the 1st Amendment freedom of speech clause gives the highest protection to political speech. There are states that require lobbyists to register and do not require a fee. 
 
Chiles v. Salazar (Colorado case involving a ban on conversion therapy)
 
Issue: Whether a state law that prohibits counselors from expressing certain viewpoints regarding sexuality regulates professional conduct or violates the free speech clause of the First Amendment.
When government laws regulate speech based on content (a particular viewpoint cannot be spoken or communicated), the law is presumed to be unconstitutional.  The government has the high burden of proof to show the speech restrictions meet stringent standards (their approach was the “least restrictive” way to achieve a “compelling” government interest).  Throughout our history, many government laws prohibiting speech based on viewpoint have been struck down as unconstitutional when the government could not meet this high standard.   
 
As always, I welcome your comments and questions. 

​

Year End Wrap-up
December 12, 2024

 

​Ranked Choice Voting

Thanks to many of you who sent comments on my last eblast discussion against ranked choice voting (RCV).  I am glad you found the information helpful. Thankfully Colorado voters rejected this deeply flawed election approach.  Kent Thiry, who spent millions trying to get ranked choice voting passed, has said that he would try again in the future. So, we need to stay vigilant. 

An incredible headline story from Alameda County, California, shows how a flawed RCV algorithm resulted in the wrong winners being announced in local races.  Read the article here.

Truth in Sentencing

As you may be aware, the truth in sentencing ballot initiative passed with over 60% support. This ballot initiative was necessary because the majority in the state legislature rejected similar legislation and rejected significant criminal sentences for serious felonies.  Our criminal justice laws need to be rooted in principles of justice, personal accountability, and opportunities for rehabilitation consistent with public safety. 

Stiffer sentences for serious criminal behavior or repeat offenders work.  Notice the drop in auto thefts when, after significant public pressure, the criminal penalties for auto theft were increased,  Read more in this article. 
 

Sanctuary State

 Finally, just a comment on a Colorado law signed by Governor Polis in 2023 that prohibits local law enforcement from contacting ICE when an illegal immigrant commits a crime in our state. It should be a “no brainer” to repeal this ill-advised law.
 
I commend the El Paso County Commissioners and the El Paso County Sheriff Joe Roybal for filing suit to challenge this 2023 law.  This sanctuary state law for illegal immigrants who commit crimes contribute to our high crime rates and jeopardize public safety. 
 

Rockrimmon Library 

When the Pikes Peak Library District voted to close Rockrimmon Library, a group of committed Rockrimmon residents organized to look for options to keep our library and community center open. The Rockrimmon Library provides so many services beyond just checking out books and movies– a variety of activities for seniors, teens/tweens, a place for Eagleview Middle School children to go for homework or pleasure reading until their parents can pick them up, preschool activities, and so much more.

I was glad to make public comments to the PPLD Board, the City Council, and the County Commission on the importance of keeping the Rockrimmon Library open, along with many others from Rockrimmon.  The Save Rockrimmon Library group delved deeply into the PPLD budget, and demonstrated the Rockrimmon Library could stay open within the existing budget and consistent with expanding services in the east. It is unfortunate that PPLD was not willing to work with our neighborhood to keep this vital community resource open.  The Save the Rockrimmon Library is still exploring options to keep this location going.  See https://saverockrimmonlibrary.com/.  

 

Senate Bill's Impact on Prop. 131 (Rank Choice Voting)
October 31, 2024

Senate bill’s impact on Prop. 131 – Did you know?

Proposition 131 (Rank Choice Voting) makes dramatic changes to our elections system – so dramatic that the legislature passed Senate Bill 24-210 that slows implementation.

​

SB24-210’s Requirements

First, ranked choice voting (RCV) must be adopted and used in at least 12 various counties/municipalities around the state before it can be utilized state-wide for state and federal elections. Specifically, RCV must be adopted by municipalities in at least 3 counties in each of the following categories of voting population:

  • More than 250,000,

  • 37,500 to 249,999,

  • 10,000 to 37,499

  • Less than 10,000

 

Second, of the 12 counties described above:

  • At least two counties have at least two thousand or at least 2.5 percent of citizens speak English as a second language or who speak a shared language of their place of residence.

  • At least two counties have at least two thousand or at least 2.5 percent non-white voters

 

Third, a risk-limiting audit must be successfully completed for each of the municipal RCV elections described above.  Risk-limiting audits are audits the county clerks do before and after the election to test the accuracy of the voting machine count.

 

Finally, SB24-210 requires that the Secretary of State prepare a report on the “impact of ranked choice voting methods as compared to elections conducted through other voting methods.”   The report must include information regarding “spoilage of ballot, undervotes [voters who did not make a 2nd or 3rd choice, etc.], record of use and results of risk-limiting audits, and the impact on voter turnout in historically under-represented communities, including the disabled community, non-English speaking voters, and non-white voters.”

 

So, if Proposition 131 passes, this is just the start of the discussion on RCV in Colorado.  It is quite possible that less than 12 municipalities (in the required counties) and their voters will adopt RCV voting.  In that event, it is a legal question whether Proposition 131 would go into effect, and if so, when.     

 

Reasons I oppose Prop. 131

1.      As you can see from the legislature’s passage of SB24-210, there is concern about the complexity of this method of balloting for voters.  In fact, some of the local and state jurisdictions that have tried RCV across the country have repealed RCV due to its complexity. 

​

2.     In my view, the elimination of the party primaries and limiting the general election to the top 4 candidates in an all-candidate primary, provides less choice for voters – not more. 

​

Specifically, instead of a Democrat, Republican, Libertarian, Green Party, etc. candidates on a general election ballot, you may end up with three Republican candidates and one Democrat, or vice versa.  The minor party candidates wouldn’t even be on the general election ballot to make their case to voters.

​

3.     Because of the complexity and lack of transparency in RCV voting, I believe voter mistrust in the election outcome will increase.  Some county clerks have expressed grave concerns about being able to properly audit this RCV process.  Past El Paso County Clerk Chuck Broerman had a comprehensive overview of the problems with ranked choice voting in his Gazette editorial:  GUEST OPINION: Proposition 131 is too complex and expensive | Opinion | gazette.com

 

If you have voted, thanks for doing your civic duty! 

 

If you have not voted yet, PLEASE VOTE and have your say on these important issues and the candidates running for office. 

 

We are all in this together! 

Update on harmful legislation and opportunities to testify
April 17, 2024

I am resuming my periodic eblasts on current issues. This eblast is focused on very harmful legislation in the Colorado legislature.  I will highlight a few of these bad bills (there are so many!) and opportunities to testify.  It is also a good way to remind state legislators who they work for--the people in their district!  

​

State Zoning Mandates for Higher Density Residential Areas - Eliminate Local Decisions (the Sequel)

Last year, Governor Polis tried to push through a terrible land use bill that was a direct state preemption of local zoning codes to force higher density in residential areas.  Since that effort was unsuccessful, he is now resorting to old-fashioned blackmail against local governments – either build high density housing where the state says or lose transportation funding. 

This bill (HB24-1313) completely disregards local views on the desirability of higher density housing, limited parking (to “encourage” people to use the public transit), negative impacts on traffic congestion, public safety issues for viable emergency evacuation routes, and necessary infrastructure like roads, water, sewage, school capacity, fire stations, and other public safety capacity.   This bill passed the State House on Sunday, April 14th.  Click here to see how your state representative voted. 

Fortunately, we do have an opportunity to defeat the bill in the State Senate.  If you share my opposition to HB24-1313, then please join me in testifying against this bill or contact your State Senator with your opposition.  Feel free to contact me if you want to know when this bill is scheduled for a Senate committee hearing.  Let’s work together to defeat this terrible bill, that takes away our local voices on residential zoning and new housing developments. 

​

Abusive Lawsuits Against Businesses   

A bill, SB24-166, will authorize any person or organization to file private lawsuits against businesses and other facilities for Clean Air Act violations, even in instances where the state regulatory agency has researched and declined to pursue a lawsuit. 

This bill will result in abusive lawsuits against businesses, because the court can require a defendant business who WINS in a Clean Air Act lawsuit to pay the litigation costs of the LOSING plaintiff.  So, a defendant business faces an impossible situation – they win an expensive court battle showing they complied with the Clean Air Act, then are on the hook to pay both their own litigation costs and those of the losing plaintiff’s.  This bill is yet another burden for businesses struggling with a worsening business climate in Colorado.  See this report from the Common Sense Institute for more information on the impact of regulations on the Colorado business climate.
 

Anti-Second Amendment Bills Attacking Lawful Gun Owners

HB24-1270 requires that all lawful gun owners get liability insurance, without any reference to past wrongful acts with guns.  This bill’s intention is to impose an additional financial burden on lawful gun owners and potential gun owners.  Ironically, it is a special burden on the low-income citizen who wants to buy a firearm to protect themselves from violent home invasions, car-jackings, or from a domestic violence abuser who has threatened to kill them. This is specifically intended to make their constitutional right to own a gun more difficult.  HB24-1270 is expected to pass the House this week and then move to the Senate.   

On Sunday, April 14th, the House passed a bill, HB24-1292, to ban up to 80% of all firearms sold in Colorado, a direct assault on our Second Amendment constitutional rights.  This bill will be especially detrimental to persons who live in high crime areas and victims of domestic violence.  As you may know, I was involved in setting up a battered women’s shelter in Florida in the early 1990’s.  I also provided assistance in military criminal cases involving domestic violence as an Air Force JAG.  It was common for these battered women leaving the Florida shelter or their safe place on a military installation to buy a firearm when their abuser was obsessed with finding them and killing them.  This bill would ban 9 of the 10 most popular guns used by women for self-defense. 

I intend to testify against HB24-1270 and HB24-1292 when the bills are heard in a Senate committee.  If you are interested in testifying, please reply to this email and I am glad to get you the specific. information


WAYS TO INFLUENCE LEGISLATION

  1. Attending the hearing and speaking for or against a bill in-person is the most powerful way to influence legislation. The shear number of people attending a hearing and asking to speak can make the difference.

  2. Testifying remotely via zoom.  This option allows you to testify from the comfort of your own home. 

  3. Submit a written statement to the committee with your reasons for supporting or opposing the legislation.

  4. Send emails to the legislators who represent your district,  to the members of the committee hearing the legislation, or all the members of the legislature asking them to support or oppose the legislation and why.

 
Here is a link to the state legislature’s website with more information on how to testify or submit written testimony on pending legislation.
 
Here is the link to the list of legislators with their contact information:  Legislators | Colorado General Assembly
 
Again, let me know if you are interested in joining me in testifying on these bills, which will be up in the state senate committees in the next few days.  Just reply to this email with your contact information and reference the bill(s) of interest to you.
 
As always, I welcome your comments and questions. Feel free to share with those who might be interested. We need to be active citizens! 
 
Remember, elected officials are just the temporary hires of the people—their job is to represent you and other citizens in our system of self-government. 

Your Vote Matters 
November 6, 2023

YOUR VOTE MATTERS!

 

Currently, there is a very low turnout for this election.  As of 8:26 am Monday, Oct. 30th, only 9.3% of the ballots had been returned. With so few ballots returned, your vote will make a huge impact. It is critical that you make your voice heard!
 
The county’s 10 Voter Service and Polling Centers will be open from 8 a.m. to 5 p.m. Nov. 6 and 7 a.m. to 7 p.m. Nov. 7.
 
Voters can also return their ballots to any of the county’s 39 24-hour secure ballot boxes. As of Oct. 17, El Paso County residents can watch around-the-clock footage of each ballot box. Officials can also access specific shots captured when cameras are triggered by movement. A list of drop box and Voter Service and Polling Center locations and operating hours is online at   clerkandrecorder.elpasoco.com/elections/ballot-drop-boxes-vspc-locations.
 
As I have advocated in prior emails, I urge you to vote NO on Proposition HH.
 
If you are wondering about school board candidates, I encourage you to vote for the following:

  • In D20 – Derrick Wilburn and Amy Shandy

  • In D11 - Parth Melpakham, Jason Jorgenson, Jill Haffley, Thomas Carey

 

We are blessed to be living in a country where we can vote on our elected representatives and to vote on policy through the proposition and referendum processes.  Please vote NO LATER than 7 pm this Tuesday.
 

Proposition HH-Get your questions answered by experts
October 16, 2023

Proposition HH - Get Your Questions Answered by Experts - October 19th

 

On your November ballot, there is a very significant ballot initiative, Proposition HH.  The local Women's Chamber is sponsoring a free event open to the public on Proposition HH, with panel members available to answer your questions on Proposition HH regarding impact to your property taxes, TABOR refunds, and the TABOR changes that allow the state to keep over $3 billion dollars in TABOR refunds that would otherwise be returned to the taxpayers.   

The panel members are not supporters or opponents of Proposition HH.  Instead, the panel has a TABOR legal expert to answer TABOR questions, the El Paso County Assessor to answer questions on property taxes, and the county and city Finance Directors to discuss impacts to the City and County.  

You can participate in person or virtually.  See the information below on how to register.  
 

Colorado Proposition HH & TABOR Panel Discussion
October 19, 2023
5:30-6:30pm
Centennial Hall
200 S Cascade Ave
Colorado Springs, CO 80903
 
he Southern Colorado Women's Chamber of Commerce's is hosting a FREE community forum to unpack the details of Proposition HH and its impact on property taxes and on TABOR.
 
Join panel speakers:

  • Mr. Dee P Wisor, Attorney, Butler Snow - Expert in TABOR law 

  • Mark Flutcher, El Paso County Assessor   

  • Charae McDaniel, City of Colorado Springs Finance Director 

  • Nikki Simmons, El Paso County Finance Director                   

 

The educational panel will provide information and answer questions from the audience on Proposition HH from an impact-based perspective.  The panel will address property tax relief versus reduced TABOR refunds, how much of the state’s withholding TABOR refunds will go to property tax relief and how the rest of the money will be spent.
 
Paid Street and Garage parking available
 
In person and virtual participation – audience Q&A for all attendees. 
Register at www.scwcc.com


Constitutional Comment:

As mentioned in my prior email, here is a Constitutional Comment.  This one is on the 1st Amendment.

The Supreme Court has decided many cases in our history on the individual's right to freedom of speech under the 1st Amendment.  Here are the basic principles of the 1st Amendment.  The government's position on Freedom of Speech must be "content neutral" -- the government cannot play favorites on the speech it likes or dislikes.  While the government can put reasonable restrictions on the time, place, and manner of the "speech," those rules must be applied equally without regard to the content of the speech.  The government cannot coerce or compel an individual to assert a particular view.  Government "compelled speech" violates the individual's 1st Amendment rights. 

Our freedom of speech rights are essential to a free society and individual liberty.  Our support for freedom of speech must also include support for individuals we disagree with to exercise their freedom of speech.  If we do not defend the principle of freedom of speech for all Americans, we give way to tyranny by whoever is in control of the government at the time.  This is tyranny of the majority against the individual or groups who will not conform to the popular view and fall in line.  It is deeply concerning to see how the principle of freedom of speech is being questioned or attacked in our country.  

Proposition HH - Don't be misled.
September 7, 2023

Proposition HH – Don’t be misled.


As you may know, Proposition HH will be on the November ballot.  Proposition HH offers minor property tax reduction while harming future TABOR voter rights. 
 
Here is the Proposition HH language you will see on your ballot: 
 
"Shall the State reduce property taxes for homes and businesses, including expanding property tax relief for seniors, and backfill counties, water districts, fire districts, ambulance and hospitals districts, and other local governments and fund school districts by using a portion of the state surplus up to the Proposition HH cap as defined in this measure?"
 
Sounds great, right?  However, no voter approval is needed for the state or local government to reduce taxes.  If this proposition was a simple reduction in taxes, the various governmental entities could just vote to lower the amount of taxes they collect.  They don’t need a vote by us, the taxpayers, to do so. 
 
So, what is going on?  The property tax reduction is actually a very small part of what Proposition HH will do.  The proposition is complex and involves many changes to TABOR at both the state and local levels.  Local elected government authority will also be negatively impacted.  Just one example:  Proposition HH would allow the state legislature to withhold TABOR surplus revenue after 2032, without voter approval.  This Proposition is so complex that the legislation to place Prop HH on the ballot was 48 pages long—see https://leg.colorado.gov/bills/sb23-303; The latest draft Bluebook analysis on HH is 28 pages long.
 
I will be examining different aspects of Proposition HH in future eblasts leading up to the November election, along with other topics. As always, I welcome your comments and questions on Proposition HH and other state and local issues. 
 
 

Sound of Freedom – A Call to Action. 


I wanted to share with you the Gazette article I wrote on the Sound of Freedom – A Call to Action.  Here is the link to the article, which appears below. https://gazette.com/opinion/guest-column-sound-of-freedom-a-call-to-action/article_0183d004-3dec-11ee­ bd21-eb7857789eca.html
 
I have added additional information on how we can be involved in the fight against human sex trafficking, through our local nonprofit organizations involved in this work.   
 
“The movie, the “Sound of Freedom” has energized people across the country to ask what they can do in the fight against child sex trafficking.  The Sound of Freedom is based on the true story of Tim Ballard, a US Homeland Security employee involved in investigating human sex trafficking.  Tim Ballard’s actions resulted in over 100 children being rescued from sex slavery.  At the end of the movie, Jim Caviezel, the actor who played Tim Ballard asked all of us to join the movement against human sex trafficking. 
 
Until I ran for office in 2014, I was unaware of the growing human sex trafficking right here in Colorado Springs and state-wide. It was then that I met so many local leaders who were already in the fight against sex slavery. 
 
Unlike what you would expect, in Colorado the human sex traffickers are identifying, recruiting, and ultimately trapping young people in their criminal commercial sex trade over a period of time.  Most traffickers are known to the victim (family members, family acquaintances, “false” boyfriend/girlfriend doing recruitment). 
 
In 2014, I was contacted by Welling Clark with the westside Avenue Task Force (ATF).  The ATF was a group of local residents, massage therapy businesses, police, and county attorney’s office working to stop human trafficking using sham massage therapy as fronts.
 
Betty Edwards of Pikes Peak Zonta founded the Human Trafficking Task Force of Southern Colorado.  Betty Edwards and then Roger Patrizio built this coalition of citizens, church representatives, and nonprofits providing shelter and recovery to trafficked sex victims. The Task Force is focused on educating the public on human trafficking through their monthly meetings and annual fall symposium. 
 
Working with these local leaders, law enforcement, and prosecutors, I ran and passed bills to fight human trafficking in Colorado to include increased county enforcement.  Pikes Peak Zonta was a constant supporter of these bills.  Prosecutors in our District Attorney’s office alerted me to lax Colorado criminal punishment (to include probation) for human child sex traffickers.  Together we passed a bill to require mandatory felony jail time in these cases.  The District Attorney offices in Colorado have prosecutors that focus on sex crimes, including human trafficking and child pornography.  Together, we changed the law to increase punishment for online child pornography (including payments for live viewing), and provide funding for computer forensic audits necessary for successful prosecution. 
 
Two bills focused on rescuing sex slaves at truck stops and stopping traffickers from preying on our children in schools. I worked with Truckers Against Trafficking, a CO nonprofit, and the trucking industry to pass a bill to educate truckers in their CDL training on detecting and reporting human trafficking at truck stops.  Sex victims have been rescued due to this training. 
 
Another bill came from Betty Edwards and Lisa Brandt (local Human Trafficking Task Force) who had been working with law enforcement on how to prevent traffickers from recruiting children in local schools.  Together, we passed a bill to increase training resources for schools on the danger signs of human trafficking and actions to deter and to alert law enforcement.     
 
We must protect the victims while prosecuting the criminals.  I ran a bill to allow sexual assault charges of a child committed in multiple jurisdictions to be consolidated in one criminal trial—so the child only has to testify once.  Most of the witnesses were adults who had been sex trafficked across the state as children—one by her high school coach. 
 
I was honored to work with such passionate local leaders, law enforcement, and prosecutors in this fight.  Human sex trafficking is the fastest growing criminal enterprise in the world because of the number of times a sex slave can be sold.  It will take all our efforts to battle the obscenity of human sex trafficking.   
 

Answer the Call To Action!  Join the Movement! 

 
How to get involved locally in the fight against human sex trafficking: 

 
 
Terri Carver
Former State Representative (2014-2022)
Board Member, Human Trafficking Task Force of Southern Colorado
(719) 425-7590 “
 

Our Watch – Defend the Constitution

 
I will be adding a constitutional comment to my eblasts—I am very concerned about increased attacks on our constitutional structure and individual rights under the Bill of Rights.  We must defend our Constitution and liberties for future generations.  
 

Urgent matter that will impact your neighborhood
April 27, 2023

Urgent matter that will have a significant impact on your neighborhood. 

​

SB23-213 Land Use, (Sen. Moreno D-Adams & Arapahoe, Rep. Jodeh D-Arapahoe & Rep. Woodrow D-Denver) is a government centralized planning nightmare.  Simply put, SB23-213 removes land use planning from local government and gives it to the state.  The state will set the standards of what will be built, where it can be built, and is strongly against single family home residential areas and will mandate higher density units.  Citizens, HOA’s and local governments will have little or no voice in what will be built in their communities, in particular, increased housing densities. 

A recent development occurred Tuesday, when the Senate Appropriations Committee amended the bill to protect local decisions on zoning and housing densities.  However, we have not heard if Governor Polis and the House bill sponsors will also support this amendment.   I have seen numerous instances where amendments are added in the Senate and stripped off in the House. 

This bill is of particular concern to me as my former House District covered almost all of El Paso County west of 1-25, including the Waldo Canyon Fire burn area.  I do not trust the bureaucrats in Denver to prioritize the need to evacuate over the need for affordable housing and their desire for higher density housing. It is a life and death matter.  If planning is kept local, we have the chance to make sure our voice is heard and to impact any planning decisions.  We need to safeguard our ability to have local governance with regards to our safety and quality of life in our neighborhood. 

So, it is very important that citizens express their strong support for protecting cities’ home rule authority to make land use decisions.  To be frank, this means contacting the Democrat El Paso County state legislators (listed below) with your opposition to SB 213, especially if the provision on ending local land use does not stay in the bill.  The Republicans will almost certainly vote no on SB 213.  Even without this amendment, there is much remaining in the bill that will tie the hands of cities and counties with regards to land use, public transit, and water use.  If you are interested, here is the link to the Colorado Municipal League (CML) detailed analysis of the bill and its negative effects on cities. SB23-213 | Land Use | CML   sb213-committee-amendment-summary-final.pdf (cml.org)

Please feel free to share this email with your neighbors, so the local Democrat legislators know how much opposition there is to the state takeover of land use zoning in our cities. Here is a list and contact information for the Democrat state legislators from El Paso County: 
 

Senator

 

Exum, Tony

303-866-6364

tony.exum.senate@coleg.gov

Representative

English, Regina

303-866-3069

regina.english.house@coleg.gov

Representative

Snyder, Marc

303-866-2932

marc.snyder.house@coleg.gov

Representative

Vigil, Stephanie

303-866-2937

stephanie.vigil.house@coleg.gov

 

UC HEALTH FORENSIC CENTER FOR EXCELLENCE

 

Last week, UC Health opened their Forensic Center for Excellence here in Colorado Springs.  The Center has specially trained forensic nurses who both care for victims of domestic violence and human trafficking and also are trained in collecting evidence needed to prosecute the perpetrator(s).  The Center also trains nurses in this specialty and acts as a resource center for all of southern Colorado.  I was recognized at the grand opening for my “strangulation” bill which included state funding for the additional costs for these specialized exams.  The funding was a factor that helped bring the center into being.
 

TESTIFYING ON THE ASSAULT WEAPONS BAN

 

I provided testimony against the assault weapons ban that was recently defeated in the state legislature.  This bill would have banned over 70% of all commonly used firearms, including those used for self-defense.  The reality is that more and more Americans are buying firearms because of self-defense.  They don’t feel safe in their communities and their homes.  This is especially true for victim of domestic violence, who are under threat of death from their abusers.  Fortunately, legislators from both parties recognized that this legislation was a blatant violation of the US Constitution and the individual’s right to self-defense.  Again, the problem is the untreated and unreported mentally ill individuals—we need to look at why current laws are not being used by family members to get treatment for their mentally ill relatives. 

Business Legislation Updates
March 11, 2023

Business Legislation Updates

 

This is the first of my Business Eblasts on Colorado legislation or regulations impacting businesses in our community.  On all business-related legislation, I will list the prime bill sponsors as well as any El Paso County legislators who are bill cosponsors.  I will also indicate how El Paso County legislators voted and include a link to the official General Assembly website.   

I encourage you to reach out especially to El Paso County state legislators with your views.  That is where you can have the most impact.  It is the state legislator’s job and duty to listen to the people in their district on the impacts of legislation, both pro and con.

I will address three business-related bills:  the Fair Workweek scheduling bill; Unemployment Insurance Fund - New Dependent Allowance; and Repeal of the Retail Delivery Fee.    

(1) Fair Workweek scheduling bill, HB23-1118

(Prime House Sponsors: Rep Emily Sirota (D-Denver) and Rep Selena Gonzalez-Gutierrez (D-Denver); Cosponsor, Rep. Stephanie Vigil (D-Colorado Springs).  This will would impose worker scheduling rules on businesses, with extensive accounting requirements and significant penalties. This bill would require businesses to pay employees for their scheduled work shift even if they do not actually work the shift.  In addition, an unintended consequence of this bill would be to limit employees' ability to trade shifts with fellow employees. 

Many business organizations, including Chambers of Commerce, fought this bill.  The Colorado Restaurant Association surveyed its members and reported:  If the Fair Workweek scheduling bill passed, 99% of restaurants would limit plans for future growth or expansion and 83% would prohibit shift-trading by employees to avoid the risk of fines.   

“More than 70 local restaurant representatives – owners, managers, and rank-and-file employees alike -- testified at the February 16 House committee hearing to raise their concerns with the bill, which stands to strip restaurant employees of the flexibility in scheduling they currently enjoy by penalizing employers with extreme accounting and financial burdens for accommodating the schedule changes their teams want and need.” CO Restaurant Association’s statement in opposition to HB 1118 (02.17.23-HB1118-release_FINAL.pdf (corestaurant.org)

Thankfully, four of the seven Democrats joined all four Republicans on the House Business Affairs committee and voted down the Fair Workweek scheduling bill.  843F94E9829B469187258966007815E8-HB23-1118-1 Activity Vote Summary | Colorado General Assembly

 
(2) Unemployment Fund – New Dependent Allowance, HB23-1078. 

(Prime House Sponsor:  Rep. Willford (D-Northglenn, Thornton). Starting in January 2025, this bill would create a new Unemployment Trust Fund payment to dependents of an unemployed person, up to $35 per week per dependent.  (For example, someone with 5 kids could get up to an additional $175 per week).  The $35 for each dependent would be paid, up to a maximum of 100% of the individual’s average weekly wages, and will be adjusted for inflation. 

The Unemployment Insurance Fund is funded by employer and employee premiums.  These dependent allowances will significantly increase the payouts from the UI Fund, without any additional source of funding beyond higher employer UI surcharges to keep the UI fund solvent.  This bill unfairly puts the burden on employers to now pay more into the UI fund to cover the growing cost of dependent allowances.  Because this bill would increase the cost for each employee by increasing the cost of unemployment insurance, it will also cause some businesses to limit the number of employees.  The terrible anti-business bills just keep coming in the 2023 Colorado legislature. 

STATUS:  PASSED HOUSE BUS. AFFAIRS, 7-4 PARTY LINE VOTE.  Rep. Regina English (D-Colorado Springs) voted yes. The bill must still be debated and voted on when it moves to the House floor.  54193FE6B16452D6872589510072A8E1-HB23-1078-1 Activity Vote Summary | Colorado General Assembly
 
Here are the State House Legislators from El Paso County, if you want to contact them before HB23-1078 comes to the House floor for debate and a vote. 

  • Rep. Rose Pugliese (R-Colorado Springs, HD 14)

  • Rep. Scott Bottoms (R-Colorado Springs, HD 15)

  • Rep. Stephanie Vigil (D-Colorado Springs, HD16)

  • Rep. Regina English (D-Colorado Springs, HD17)

  • Rep. Marc Snyder (D-Colorado Springs, Manitou, HD18)

  • Rep. Don Wilson (R-Monument, HD20)

  • Rep. Mary Bradfield (R-Fountain, HD 21)

  • Rep. Ken DeGraaf (R-Colorado Springs, HD 22)

 
(3) Repeal Retail Delivery Fee, HB23-1166

(Prime Sponsor, Rep. Rose Pugliese (R-Colorado Springs).  This bill would repeal the .27 cent retail delivery fee that you are now paying on packages and other items. 

This bill was defeated in the House Transportation, Housing, and Local Government on a party-line vote.  There are two El Paso County State Representatives on the Committee:  Rep. Stephanie Vigil (D-Colorado Springs) voted against the bill and Rep. Don Wilson (R-Monument) voted for the bill.  NOTE:  A vote to postpone the bill indefinitely is a vote to kill the bill.  6533702CCC90E63E8725895D0076FD4B-HB23-1166-0 Activity Vote Summary | Colorado General Assembly

Thank you - Oath of Office, a perspective
January 15, 2023

THANK YOU

​

Thank you for the honor of serving as your State Representative in the Colorado Legislature.  It has been a privilege to talk with you at townhalls and discuss issues by email and phone, even when we disagree—respectfully and with civility.  It has also been of great satisfaction to take issues brought by El Paso County residents and run legislation to make the laws better serve the people. 

Taking the oath of office every two years has been a deeply moving experience for me, and one I regard as a sacred duty.  I have more to say below about the Oath of Office to uphold the US Constitution and the Colorado Constitution.    

DO YOU WANT TO CONTINUE? 

My term of office ended this past Monday with the swearing in of the new legislators in the State Legislature.  The role of an American citizen has its own duties. As a citizen, I will continue to be actively engaged, especially on issues I am passionate about:

  • Constitutional Rights and Principles

  • Data privacy—Restore individual control over our most personal information, who gets the information, and for what purpose

  • Civics education on the US Constitution and federal and state government. 

  • Wildfire mitigation, future water supplies, environmental protection, and electric power reliability and security.

  • Highlighting proposed bills and regulations that encroach on individuals’ rights and put excessive burdens on small businesses

 
I will be doing a periodic eblast (monthly/quarterly) on these topics.  IF YOU DON’T WANT TO RECEIVE ANY FUTURE EBLASTS, PLEASE RESPOND TO THIS EMAIL WITH “NO.”

Also, I will occasionally be doing a separate eblast specifically on Colorado business legislation—IF YOU ONLY WANT THE BUSINESS EBLAST, PLEASE REPLY WITH “BUSINESS.” 
 
I have found great satisfaction being your representative these past eight years.  Our discussions have widened my perspective on many issues.  Again, thank you for the honor of serving as your State Representative.
 
Respectfully,
Terri Carver
 
 
 
 
The Elected Official’s Oath of Office to Uphold the US Constitution and the Colorado Constitution: 

 

I feel compelled to address this subject, given the many disturbing incidents and statements by elected officials in the last few years.  I am deeply concerned for the future of our country and our Colorado. 
 
The Oath of Office. 

 

The foundation for our system of self-government by the people is the Constitution.  All elected officials must, before taking office, take the oath of office pledging to uphold the US Constitution, and for state and local elected offices, the state Constitution.  This has been the case throughout our history as a country, regardless of party affiliation.  I took a similar oath to uphold the US Constitution when I served in the military. 

Why require elected officials take the oath?  Because the US Constitution and state constitution are foundational documents that the people put in place (subject to amendment) to determine the duties and limitations for government action. 

The elected officials are the temporary “hires” by the people to represent them in city, county, state, and national government—to address the issues of the day within the bounds set by the Constitution.  That is why elected officials must be sworn in by taking the Oath, pledging to carry out their duties in recognition of the supreme law of the US Constitution and Colorado Constitution. 

In our country’s history, we have had many passionate (even bitter) debates about just and unjust laws, whether those laws are constitutional, and whether the Constitution should be amended.  That is all part of our system of self-government—citizens and their elected representatives advocating for change.  

What is NOT part of an elected official’s duties are statements expressly stating that they will reject and refuse to recognize certain sections in the Constitution, including the Bill of Rights.  That is a violation of their oath.  If you believe a provision in the Constitution should be removed or changed, then advocate for an amendment to the Constitution.  What would be the consequences if each citizen or elected official decided for themselves which parts of the Constitution to recognize or ignore? 

Of course, if a law or executive action violates the Constitution, then we uphold the Constitution by challenging it in court.  There are financial barriers to citizens challenging what they believe to be unconstitutional laws—that is a process that should be reviewed and strengthened.  

bottom of page