VOLUME 38 • NUMBER 47 • OCTOBER 15, 2020
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This ballot box was recently installed at the entrance of the Koelbel Library at 5955 S. Holly St. in Centennial. Read about ballot measures on pages 5-13 and pages 21-22.
Photo by Freda Miklin
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Be safe. Stay Strong. Politics
PAGE 2 | THE VILLAGER • October 15, 2020
Jason Crow seeks 2nd term in Congress – Part 2 number of issues.
BY FREDA MIKLIN GOVERNMENTAL REPORTER
ates protection and a status for our Dreamers and it provides a path to citizenship ultimately.” He also told us, “I don’t believe in private, for-profit immigration detention centers,” because “when you put a profit motive on detention and incarceration, you end up with very perverse results.”
Immigration and ICE
Two years ago, political newcomer Democrat Jason Crow bested five-term incumbent Republican Congressman Mike Coffman 54 percent to 43 percent (third party candidates got the other three percent of the votes) in Colorado congressional district six as part of what came to be known as the “blue wave” in the U.S. House that changed the majority from Republican to Democrat. On November 3, Crow is running for re-election against Republican Steve House, former chair of the state Republican Party. In a recent interview, The Villager asked Crow his views on a
Crow has been a critic of actions by the Immigrations and Customs Enforcement agency. He attributed the issues there to an immigration system “that is broken in every conceivable way,” noting that almost 20 percent of the people in the district he represents were born outside the U.S. and speak 160 languages. He said, “Many of those folks who are trying to bring their families together or want to come over and start businesses often have to wait 15-20 years to get visas to bring their families together. That’s not the sign of a system that works. We need border security. We need to couple
Regional Rail? that with visa reform, comprehensive immigration reform, and a path to citizenship for people who want to follow the law and haven’t been convicted of violent crimes or felonies and we need to pass the Dream and Promise Act.” The Dream and Promise Act “cre-
We next asked Crow questions we got from others in the community. One local elected official wanted to know, “Would you support federal funding for passenger rail construction from Cheyenne, WY to Albuquerque, NM, with intermediate stops in Ft. Collins, Denver, Colorado Springs, Pueblo, and Taos?” Crow told us, “I do
believe in infrastructure investment. We have to rebuild our country and as a big part of that mass transportation, mass transit, rail has to be a part of the solution here not only for our economy but for the environment, as well. I think it’s important that as the front range builds out, that we have connectivity in the front range. That said, we have to be very cautious because with some of these rail projects because there are well-documented cost overruns, so it has to be a very-well managed proposal and something that makes sense economically.
The U.S. Supreme Court
Cherry Hills Village Mayor Russell Stewart wanted to know Crow’s answer to the Continued on page 3
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Jason Crow Continued from page 2
oft-heard question these days, “Do you support increasing the number of justices on the Supreme Court?” Consistent with the position of Vice-President Joe Biden, he demurred, saying, “I don’t think it’s appropriate to talk about that right now, the challenge that our country faces in the next 30 days, that we have strong and secure elections. I think it’s important that we do vetting and due diligence on Donald Trump’s nominee, who at first glance, is somebody who could threaten really important priorities of Coloradans: environmental protections, protections to women’s health, reproductive choices, immigration reform, gun violence prevention, and other things. So right now my focus is on that process and that nominee because it’s a really, really important decision that our country is about to make.
The Middle East
Mayor Stewart also had ques-
One Book Colorado returns to Arapahoe Libraries Young children will receive a free book starting October 13
Families with young children are invited to stop by any Arapahoe Libraries location starting Tuesday, October 13 to pick up a copy of The Little Red Fort, which is available in either English or Spanish, while supplies last. To receive a free copy of the book, please see a staff member when visiting the library. On Saturday, November 7, from 11 am-1 pm, Davies, Eloise May, Kelver, Koelbel, Sheridan and Smoky Hill libraries will have a table outside for families to pick up their free copy of the book for their young child. The book giveaway will be rescheduled in case of inclement weather. Arapahoe Libraries is part of the statewide mission to promote early reading by providing a free new book to families with young children as part of One Book Colorado. One Book Colorado is a statewide initiative aiming to support family reading at home and instill a love of learning in Colorado youngsters. Reading together every day helps get kids ready to learn to read in kindergarten and getting free books into homes makes that easier. To ensure school readiness, it is critical that young children have frequent and routine access to books and that they be read to consistently. For more information, visit arapahoelibraries.org or call 303-LIBRARY (303-5427279). About Arapahoe Libraries Arapahoe Libraries serves 250,000 patrons and includes eight community libraries, a jail library and a Library on Wheels in Arapahoe County, Colorado. For more information, visit arapahoe libraries.org.
October 15, 2020 • THE VILLAGER | PAGE 3
tions about Crow’s views on the Middle East. On the issue of the movement of the U.S. Embassy from Tel Aviv to Jerusalem, Crow said he “originally did not support that because it was done without consultation with many of our important allies.” He continued, “I know that’s a very challenging issue and it’s a deep-rooted issue and I have full support for the State of Israel but we have to make sure we’re doing things in a way that sets up a long-term path to peace and prosperity in the region…I think it was done in an ad-hoc way and I didn’t like the way in which the Trump administration did it.” On the recent agreements to open diplomatic relations between Israel and Bahrain and the U.A.E, the congressman said, “I think it’s a very positive development and I welcome any normalization of relationships between the Arab states and Israel. It’s a win and a very positive thing for Israel and it certainly helps us set up some groundwork for future peace.” He noted, however, that “Bahrain and the U.A.E. have
never gone to war with Israel and they are geographically very far away from Israel, but it’s a really important start for the prospects for further talks and discussions within the region,” adding, “We have to make sure we’re addressing the issue of a two-state solution and the annexation issue; we have to make we’re having those tough discussions and we also have to make sure that we’re maintaining Israel’s national security and defense security as a result of this deal. There are a lot of questions that have to be answered in the months ahead as we look at the terms of the deal and what our obligations are.”
Achievement Gap in Public Education
An interested citizen recommended we asked the congressman, “What ideas do you have for closing the academic achievement gap between white and African-American students?” Crow said it is crucial that we fully fund education, noting that “Colorado ranks near the bottom
of the country for funding public schools” and that the funding of public schools is the key to success and prosperity” in our country. He added, “We also have to make sure that we are coming to terms with our long history of systematic and institutionalized racism in America and we’re having the tough discussions about how that impacts everything from criminal justice and law enforcement to education to finance to housing, because it hits on every element… There are a number of proposals that I support that look at how we can direct federal funding to underserved communities, to communities of color…That’s infrastructure development, that’s public education, that’s small business loans. On the small business committee, one of my biggest efforts has been to make sure we are directing stimulus money, PPP funding to those underserved communities that are under-banked and have problems accessing capital. It’s really important that we are investing in those communities so they can build their own businesses.
On the personal side
Villager publisher Bob Sweeney, who has some life experience under his belt and has known many elected officials who went off to Washington when they had young families, as does Crow, wanted to know how this job is affecting the congressman’s wife and children. Crow responded, “I appreciate you asking that. There are certainly challenges on the family. We knew that I would go from being home every night and going to school events and being home every night to being gone half the time, but we also believe so strongly in the importance of service and sacrifice for your country and community. We thought that the power of that example was important for our children, too, that when you care about things and you love something in the way that we love our country and our community, that it’s worth making sacrifices for.” He added that he and his wife try to involve their children in his work whenever possible. Fmiklin.villager@gmail.com
C NVERSATIONS Rise in COVID cases A recent increase in Arapahoe County’s COVID incidence rates has forced the County to implement its mitigation plan for controlling the spread of the virus. Visit arapahoegov.com You are in for a treat! Come on out to the Arapahoe County Scaregrounds for a safe day of trick-or-treating and FREE family fun on Saturday, Oct. 24. Tickets are limited and registration is required. Visit arapahoecountyfair.com
C NVERSATIONS Join Commissioner Jeff Baker on Wednesday, Oct. 14 @ 7 p.m. Get updates on recent and upcoming projects and initiatives that affect our diverse communities. Get details at arapahoegov.com/townhall Telephone Town Hall – Schools Update Join us on Thursday, Oct. 15 @ 6 p.m. for a discussion about how County school districts are handling COVID-affected reopening efforts so far. Get details at arapahoegov.com/townhall
Ballots are on their way! Ballots begin mailing Oct.9, keep an eye out for yours.
Go to govotecolorado.gov today to verify or update your address. Be safe. Be confident. Be heard. ArapahoeVotes.com
arapahoegov.com
Be safe. Stay Strong.
PAGE 4 | THE VILLAGER • October 15, 2020
President Trump has already won
Yes, he has with his latest recent recovery from Covid-19. He has won many victories for America from beneficial trade deals, funding for NATO, seven million new jobs and lowest unemployment for Hispanic and Black Americans in history. He has restored our military to full strength and pioneered a new Space Command in Colorado Springs. He has been the best friend to Israel in decades, maybe ever. Most recently he has two Arab states, United Emirates and Bahrain recognizing Israel and exchanging Embassies with these two countries. We know that he moved the American Embassy from Tel-Aviv to Jerusalem, recognizing the importance of this relocation to Israel. Heard from numerous conversations, “I don’t like Trump, but I like what he has accomplished.” Maybe that boils down to judging him on performance, not personality. He has kept his election promises against all odds with
I’m constantly impressed by the stamina of President Donald J. Trump. The dreaded Covid-19 virus can’t keep him down. Even if you don’t like him, you have to be in awe of his health and vigor. History relates that President Teddy Roosevelt was very healthy and was very physically fit during his presidency.. As a young man he was weak but worked out and became quite strong. I see some parallels between Roosevelt and Trump, both adventurous and bold. *** I enjoyed the debate last week between vice-president Pence and nominee Kamala Harris. I thought they both performed admirably and were civil to one another. What stole the show was the fly that landed on Pence’s head. I saw that and commented to my wife, “that fly will make the news.” It did, and Saturday Night Live had a complete parody over the fly, shrinking Biden into the fly body on Pence’s head. It was really funny. We can stand a little more political humor these days. *** The Bronco game last week was moved to this Sunday. Shows how much television and Covid-19 impacts the sport’s world today. I shudder to imagine how much money these prosports franchises must be losing on empty stadiums. They are still having to pay the athletes, overhead on training facilities, and coaching staffs. The Bronco family trust must be getting a harsh introduction to running a football team under very challenging conditions. What about the vendors in LODO who rely on sports to survive? Along the same vein, what has happened to our beloved Colorado Symphony and Per-
strong leadership. Trump’s worst enemy is Donald Trump, his mouth and twitters. He is like an agitated bull in a Mexican bullfight. They have tortured the bull before turning him into the ring and he is ready to fight immediately. Trump has been tormented and virtually tortured since he entered the race and came down the escalator with Melania to announce his candidacy. Just like the bull, the pain makes him work harder. He has already won, whether he wins or loses on November 3. His greatest accomplishments will be placing two, maybe three, well- qualified judges on the United States Supreme Court. Frosting on the cake, he has filled hundreds of new Federal judges to empty court seats. Another important stand is his unswerving support for law and order and having the backs of America law enforcement officers. He is a strong advocate for law and order, and equal justice under the law.
forming Arts Center? This is a real tragedy for performances and performers. Foundations with hefty bankrolls should be stepping up to the plate to first assist the needy, homeless, and ill, and then support some of the pillar organizations that make Denver the “Queen City of The Plains.” *** I’m predicting that there will be a new deal reached by the White House and Congress this week extending more financial aid to the nation. Especially important is financial aid, or loans to America’s airlines to keep them flying for jobs, business, and tourism. The government does have a key role to play in public transportation. *** Lots of chatter about RTD with some advocates wanting an appointed board rather than the elected board that we have today. The RTD system has been expanded successfully, but cheaper oil prices have led to lower gasoline prices at the pumps for commuters. Now with the impact of Covid-19, the trains are impacted with fewer passengers riding the system downtown. The trains are built, stations complete and apartments in place for mass transit living. We need to make the best of it by cutting costs where possible and maintaining reliable service. Management needs to entice ridership by cutting fares and adding amenities. Doug Tisdale, former Cherry Hills mayor and South Metro Chamber leader is a great advocate for the area and deserves re-election to the RTD board. He donates countless hours to public service, non-profit events, and is an all-around leader who can make lemonade out of lemons. Support Doug Tisdale for re-election on your ballots. ***
Ranking high on the list is his endless lifelong support of the Armed Services, defeating ISIS and bringing home our brave men and women serving from these faraway places. He has not started any new wars and has been nominated for three Nobel Peace Prizes. Some of the generals don’t like Trump challenging their authority. What have these endless wars, supported by Joe Biden and George Bush accomplished? President Trump had to end the ISIS Caliphate and push back against “Rocket Man,” and Iranian nuclear ambitions. Work still in progress if he is re-elected. The economy was doing great until Covid-19 reached our shores. He suspended China travel to the U.S. and invoked a War Emergency Act to have Ford Motor Company make desperately needed respirators. He attempted to calm American fears as panic spread and the rush was on for toilet paper and finding food on empty shelves. A strong leader takes the heat and he’s been boiled in media oil.
Moving into the election and the ballot propositions that come from the legislature requiring a simple majority and the people’s amendments that need a 55 percent vote to change the constitution. You will find all of these proposals in this week’s Villager newspaper. Here are my suggestion on voting on these ballot proposals: • Amendment B. Repeal of Gallagher Amendment. Reluctant- NO • Amendment C. Conduct of Charitable Gaming. YES • Amendment 76 Citizenship Qualification for voters. YES • Amendment 77 Local voter approval of betting limit. YES • Proposition EE Taxes on nicotine products. YES • Proposition 113 Election on popular vote, against Constitution. NO • Proposition 114 Re introduction of wolves. NO • Proposition 115 Prohibit abortions after 22 weeks YES • Proposition 116 State income tax reduction. Reluctant NO* • Proposition 117 Voter approval of new state enterprises. YES • Proposition 118 Paid family and medical leave insurance. NO *The tax reduction Proposition 116 savings appears to be about $50 across the board. But overall takes money away from government services that will be hard hit by Covid-19, and reduced tax revenues *** Keeping Gallagher in place for now locks in taxes on commercial and residential homes as they stand today. Taxes have gone up because the value of homes and commercial properties have gone up. Simple as that. *** I always enjoyed talking with now departed Mort Marks about election proposals. Mort was
Trump is a skilled entrepreneur and has spent his life in the topsy-turvy world of business, winning and losing, but always moving forward with gains and losses. He has taken the “Art of The Deal” to Washington and has won with world and national business relationships. He has run the largest business in the world, the United States government, with expertise. Trump demands performance from his cabinet members and staff. Failure is not an option for him. Biden and Harris have never run a business and have almost zero business experience with their careers in elective offices. I sleep better at night knowing that President Trump is on the job, using his leadership skills to protect our nation, cities and citizens from domestic and foreign terrorists. He has already won for America. Give him four more years with your votes!
always wise in expressing his advice.. So, this year I talked to Edie Marks about her opinions. We only disagreed on two ballot proposals out of the 11. Regarding Proposition 116; she would suggest a vote to lower taxes from 4.63 to 4.55 in place since 2000 helping homeowners. It appears 75 percent of Colorado voters would save about $50. I would rather see the money go to schools and hard-hit services. She opposes the tax on nicotine that is proposal EE. I favor most “Sin” taxes. Her logic is about taxing businesses out of business. *** Certainly, we need to keep the schools well-funded and we strongly suggest supporting the Cherry Creek School District No.5 with a YES vote on issues 4-A and 4-B. The administration and school board have performed magnificently during this Covid-19 crisis. *** What was going on in Colorado back on October 7, 1870, 151 years ago, as reported in the Central City Weekly Register-Call, Colorado’s oldest newspaper; seems like the Indians were in the area: The frontier newspaper reported, “Charles A.H. Rice came into Central Saturday from Middle Park, and reported that he and several others had a fight the previous Monday with a band of about 80 Arapahoe Indians.” An overcrowded school was reported in Nevadaville, a mining town next to Central City that had gold fever. “The Nevadaville public schools had an average attendance of 80, who were all in one room, and were taught by Charley Harker, principal, and Miss Mary Randolph, an assistant.” One room, two teachers, and 80 students is how it all began.
The Villager
Office: 8933 East Union Ave. • Suite 230 Greenwood Village, CO 80111-1357 Phone: (303) 773-8313 Fax: (303) 773-8456 A legal newspaper of general circulation in Arapahoe County, Colorado. (USPS 431-010) Published weekly by the Villager Publishing Co., Inc. Available for home or office delivery by U.S. Mail for $52 per year. Single copies available for $1 per issue. PERIODICALS POSTAGE PAID AT ENGLEWOOD, CO. A Colorado Statutory Publication CRS (197324-70 et al). Postmaster: Send address changes to The Villager, 8933 East Union Ave., Suite #230, Greenwood Village, Colorado 80111-1357 Deadlines: Display Advertising, Legal Notices, press releases, letters to the editor, 4:00 p.m. Friday. Classified Advertising, noon Monday.
PUBLISHER & EDITOR Gerri Sweeney — x307 gerri@villagerpublishing.com PUBLISHER Robert Sweeney bsween1@aol.com VICE PRESIDENT/MARKETING Sharon Sweeney — x305 sharon@villagerpublishing.com CREATIVE MARKETING DIRECTOR Susan Sweeney Lanam 720-270-2018 susan@villagerpublishing.com LEGALS Becky Osterwald legal@villagerpublishing.com NEWS EDITOR gerri@villagerpublishing.com GOVERNMENTAL REPORTER Freda Miklin fmiklin.villager@gmail.com 303-489-4900 • 303-773-8313 x365 REPORTER Robert Sweeney bsween1@aol.com FASHION & LIFESTYLE Scottie Iverson swan@denverswan.com DESIGN/PRODUCTION MANAGER Tom McTighe production@villagerpublishing.com ADVERTISING CONSULTANTS Susan Lanam — 720-270-2018 Sharon Sweeney — 303-503-1388 sharon@villagerpublishing.com Linda Kehr — 303-881-9469 linda@villagerpublishing.com Valerie LeVier — 303-358-1555 valerie@villagerpublishing.com Gerri Sweeney — 720-313-9751 gerri@villagerpublishing.com Scottie Iverson swan@denverswan.com SUBSCRIPTIONS B.T. Galloway — x301 subscribe@villagerpublishing.com PHOTOGRAPHER Stefan Krusze — 303-717-8282 octaviangogoI@aol.com EDITORIAL COLUMNIST Robert Sweeney bsween1@aol.com The Villager is an award-winning, locally owned, independent newspaper. All letters to the editor must be signed. The contributor’s name, hometown and phone number must also accompany all letters to the editor for verification, and we reserve the right to edit contributions for space. We attempt to verify all matters of fact but hold contributors liable for the content, accuracy and fairness of their contributions. All submissions become the property of The Villager and may be reused in any medium.
Reverend Martin Niemoller “In Germany, the Nazis first came for the communists, and I didn’t speak up because I wasn’t a communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me and by that time there was no one left to speak for me!”
2020 Member
QUOTE of the WEEK If onceofyou QUOTE theforfeit WEEK the confidence of your fellow-citizens, you can never regain their respect and esteem. – Abraham Lincoln
October 15, 2020 • THE VILLAGER | PAGE 5
Continued on page 6
2020 Statewide Ballot Issues The Colorado Constitution (Article V, Section 1(7.3)) requires the Colorado Legislative Council to publish the ballot title and legal text of each statewide ballot measure. A “YES/FOR” vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a “NO/AGAINST” vote on any ballot issue is a vote against changing current law or existing circumstances. Amendment B Repeal Gallagher Amendment The ballot title below is a summary drafted by the professional legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado constitution below was referred to the voters because it passed by a two-thirds majority vote of the state senate and the state house of representatives. Ballot Title:
Without increasing property tax rates, to help preserve funding for local districts that provide fire protection, police, ambulance, hospital, kindergarten through twelfth grade education, and other services, and to avoid automatic mill levy increases, shall there be an amendment to the Colorado constitution to repeal the requirement that the general assembly periodically change the residential assessment rate in order to maintain the statewide proportion of residential property as compared to all other taxable property valued for property tax purposes and repeal the nonresidential property tax assessment rate of twenty-nine percent? Text of Measure:
Be It Resolved by the Senate of the Seventy-second General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the election held on November 3, 2020,
the secretary of state shall submit to the registered electors of the state the ballot title set forth in section 2 for the following amendment to the state constitution: In the constitution of the state of Colorado, section 3 of article X, amend (1)(b) as follows:
Section 3. Uniform taxation - exemptions. (1) (b) Residential
real property, which shall include all residential dwelling units and the land, as defined by law, on which such units are located, and mobile home parks, but shall not include hotels and motels, shall be valued for assessment. at twenty-one percent of its actual value. For the property tax year commencing January 1, 1985, the general assembly shall determine the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property. For each subsequent year, the general assembly shall again determine the percentage of the aggregate statewide valuation for assessment which is attributable to each class of taxable property, after adding in the increased valuation for assessment attributable to new construction and to increased volume of mineral and oil and gas production. For each year in which there is a change in the level of value used in determining actual value, the general assembly shall adjust the ratio of valuation for assessment for residential real property which is set forth in this paragraph (b) as is necessary to insure that the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property shall remain the same as it was in the year immediately preceding the year in which such change occurs. Such adjusted ratio shall be the ratio of valuation for assessment for residential real property for those years for which such new level of value is used. In determining the adjustment to be made in the ratio of valuation for assessment for residential real property, the aggregate statewide valuation for assessment that is attributable to residential real property shall be calculated as if the full actual value of all owner-occupied primary residences that are partially exempt from taxation pursuant to section 3.5 of this article was subject to taxation. All other taxable property shall be valued for assessment. at twenty-nine percent of its actual value. However, The valuation for assessment for producing mines, as defined by law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual
annual or actual average annual production therefrom, based upon the value of the unprocessed material, according to procedures prescribed by law for different types of minerals. Non-producing unpatented mining claims, which are possessory interests in real property by virtue of leases from the United States of America, shall be exempt from property taxation. SECTION 2. Each elector voting at the election may cast
a vote either “Yes/For” or “No/Against” on the following ballot title: “Without increasing property tax rates, to help preserve funding for local districts that provide fire protection, police, ambulance, hospital, kindergarten through twelfth grade education, and other services, and to avoid automatic mill levy increases, shall there be an amendment to the Colorado constitution to repeal the requirement that the general assembly periodically change the residential assessment rate in order to maintain the statewide proportion of residential property as compared to all other taxable property valued for property tax purposes and repeal the nonresidential property tax assessment rate of twenty-nine percent?”
Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if a majority of the electors voting on the ballot title vote “Yes/For”, then the amendment will become part of the state constitution.
SECTION 3.
Amendment C Conduct of Charitable Gaming The ballot title below is a summary drafted by the professional legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado constitution below was referred to the voters because it passed by a two-thirds majority vote of the state senate and the state house of representatives. Ballot Title:
Shall there be an amendment to the Colorado constitution concerning the conduct of charitable gaming activities, and, in connection therewith, allowing bingo-raffle licensees to hire managers and operators of games and reducing the required period of a charitable organization’s continuous existence before obtaining a charitable gaming license? Text of Measure:
Be It Resolved by the House of Representatives of the Seventy-second General Assembly of the State of Colorado, the Senate concurring herein: SECTION 1. At the election held on November 3, 2020,
the secretary of state shall submit to the registered electors of the state the ballot title set forth in section 2 for the following amendment to the state constitution: In the constitution of the state of Colorado, section 2 of article XVIII, amend (2) and (4) as follows:
Section 2. Lotteries prohibited - exceptions. (2) No game of
chance pursuant to this subsection (2) and subsections (3) and (4) of this section shall be conducted by any person, firm, or organization, unless a license as provided for in this subsection (2) has been issued to the firm or organization conducting such games of chance. The secretary of state shall, upon application therefor on such forms as shall be prescribed by the secretary of state and upon the payment of an annual fee as determined by the general assembly, issue a license for the conducting of such games of chance to any bona fide chartered branch or lodge or chapter of a national or state organization or to any bona fide religious, charitable, labor, fraternal, educational, voluntary firemen’s, or veterans’ organization which THAT operates without profit to its members and which THAT IS REGISTERED WITH THE SECRETARY OF STATE AND has been in existence continuously for a period of five THREE years immediately prior to the making of said ITS application for such license OR, ON AND AFTER JANUARY 1, 2024, FOR SUCH DIFFERENT PERIOD AS THE GENERAL ASSEMBLY MAY ESTABLISH PURSUANT TO SUBSECTION (5) OF THIS SECTION, and has had during the entire five-year period OF ITS EXISTENCE a dues-paying membership engaged in carrying out the objects of said corporation or organization, such license to expire at the end of each calendar year in which it was issued.
Pg 1
(4) Such games of chance shall be subject to the following restrictions: (a) The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of organizations permitted to conduct such games. (b) No person except a bona fide member of any organization may participate in the management or operation of any such game. (c) No person may receive any remuneration or profit IN EXCESS OF THE APPLICABLE MINIMUM WAGE for participating in the management or operation of any such game. SECTION 2. Each elector voting at the election may cast
a vote either “Yes/For” or “No/Against” on the following ballot title: “Shall there be an amendment to the Colorado constitution concerning the conduct of charitable gaming activities, and, in connection therewith, allowing bingo-raffle licensees to hire managers and operators of games and reducing the required period of a charitable organization’s continuous existence before obtaining a charitable gaming license?”
Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if at least fifty-five percent of the electors voting on the ballot title vote “Yes/For”, then the amendment will become part of the state constitution.
SECTION 3.
Amendment 76 Citizenship Qualification of Electors The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado constitution below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be an amendment to the Colorado constitution requiring that to be qualified to vote at any election an individual must be a United States citizen? Text of Measure:
Colo.Const. Art. VII, Section 1. In the constitution of the state of Colorado, amend section 1 of article 7 as follows: Every citizen ONLY A CITIZEN of the United States who has attained the age of eighteen years, has resided in this state for such time as may be prescribed by law, and has been duly registered as a voter if required by law shall be qualified to vote at all elections. Amendment 77 Local Voter Approval of Casino Bet Limits and Games in Black Hawk, Central City, and Cripple Creek The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado constitution or Colorado Revised Statutes. The text of the measure that will appear in the Colorado constitution and Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be an amendment to the Colorado constitution and a change to the Colorado Revised Statutes concerning voter-approved changes to limited gaming, and, in connection therewith, allowing the voters of Central City, Black Hawk, and Cripple Creek, for their individual cities, to approve other games in addition to those currently allowed and increase a maximum single bet to any amount; and allowing gaming tax revenue to be used for support services to improve student retention and credential completion by students enrolled in community colleges?
PAGE 6 | THE VILLAGER • October 15, 2020
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2020 Statewide Ballot Issues Text of Measure:
Be it Enacted by the People of the State of Colorado:
SECTION 6. These amendments take effect on May 1,
2021.
Proposition EE Taxes on Nicotine Products
SECTION 1. In section 9, article XVIII of the constitution of the state of Colorado, amend (7)(a)(II), (III) as follows: (7) Local elections to revise limits applicable to gaming – statewide elections to increase gaming taxes.
(a) Through local elections, the voters of the cities of Central, Black Hawk, and Cripple Creek are authorized to revise limits on gaming that apply to licensees operating in their city’s gaming district to extend: (II) Approved games to include roulette or craps, or both; and (III) Single bets up to one hundred dollars. SECTION 2. In Colorado Revised Statutes, section 4430-103, amend (22) as follows: 44-30-103. Definitions.
(22) “Limited card games and slot machines”, “limited gaming”, or “gaming” means physical and electronic versions of slot machines, craps, roulette, and the card games of poker and blackjack authorized by this article 30, AS WELL AS SUCH OTHER GAMES AS ARE APPROVED BY THE VOTERS OF CENTRAL, BLACK HAWK, OR CRIPPLE CREEK AT A LOCAL ELECTION HELD IN EACH CITY TO CONTROL THE CONDUCT OF GAMING IN THAT JURISDICTION, and defined and regulated by the commission, each game having a maximum single bet of one hundred dollars AS APPROVED BY THE VOTERS OF CENTRAL, BLACK HAWK, OR CRIPPLE CREEK AT A LOCAL ELECTION HELD IN EACH CITY TO CONTROL THE CONDUCT OF GAMING IN THAT JURISDICTION. SECTION 3. In Colorado Revised Statutes, section 4430-702, amend (3)(c)(I) as follows:
Question: SHALL STATE TAXES BE INCREASED BY $294,000,000 ANNUALLY BY IMPOSING A TAX ON NICOTINE LIQUIDS USED IN E-CIGARETTES AND OTHER VAPING PRODUCTS THAT IS EQUAL TO THE TOTAL STATE TAX ON TOBACCO PRODUCTS WHEN FULLY PHASED IN, INCREMENTALLY INCREASING THE TOBACCO PRODUCTS TAX BY UP TO 22% OF THE MANUFACTURER’S LIST PRICE, INCREMENTALLY INCREASING THE CIGARETTE TAX BY UP TO 9 CENTS PER CIGARETTE, EXPANDING THE EXISTING CIGARETTE AND TOBACCO TAXES TO APPLY TO SALES TO CONSUMERS FROM OUTSIDE OF THE STATE, ESTABLISHING A MINIMUM TAX FOR MOIST SNUFF TOBACCO PRODUCTS, CREATING AN INVENTORY TAX THAT APPLIES FOR FUTURE CIGARETTE TAX INCREASES, AND INITIALLY USING THE TAX REVENUE PRIMARILY FOR PUBLIC SCHOOL FUNDING TO HELP OFFSET REVENUE THAT HAS BEEN LOST AS A RESULT OF THE ECONOMIC IMPACTS RELATED TO COVID-19 AND THEN FOR PROGRAMS THAT REDUCE THE USE OF TOBACCO AND NICOTINE PRODUCTS, ENHANCE THE VOLUNTARY COLORADO PRESCHOOL PROGRAM AND MAKE IT WIDELY AVAILABLE FOR FREE, AND MAINTAIN THE FUNDING FOR PROGRAMS THAT CURRENTLY RECEIVE REVENUE FROM TOBACCO TAXES, WITH THE STATE KEEPING AND SPENDING ALL OF THE NEW TAX REVENUE AS A VOTER-APPROVED REVENUE CHANGE? Proposition 113 Adopt Agreement to Elect U.S. President By National Popular Vote
44-30-702. Revenues attributable to local revisions to gaming limits - extended limited gaming fund - identification - separate administration - distribution – definitions.
(3) From the fund, the state treasurer shall pay: (c) Of the remaining gaming tax revenues, distributions in the following proportions: (I) Seventy-eight percent to the state’s public community colleges, junior colleges, and local district colleges to supplement existing state funding for student financial aid programs and classroom instruction programs, including PROGRAMS TO IMPROVE STUDENT RETENTION AND INCREASE CREDENTIAL COMPLETION, AS WELL AS workforce preparation to enhance the growth of the state economy, to prepare Colorado residents for meaningful employment, and to provide Colorado businesses with well-trained employees. The revenue shall be distributed to colleges that were operating on and after January 1, 2008, in proportion to their respective full-time equivalent student enrollments in the previous fiscal year. For purposes of the distribution, the state treasurer shall use the most recent available figures on full-time equivalent student enrollment calculated by the Colorado commission on higher education in accordance with subsection (4)(c) of this section. SECTION 4. In Colorado Revised Statutes, section 4430-816, amend as follows: 44-30-816. Authorized amount of bets. The amount of a bet made pursuant to this article 30 shall not be more, than one hundred dollars on the initial bet or subsequent bet, THAN THE AMOUNTS APPROVED BY THE VOTERS OF CENTRAL, BLACK HAWK, OR CRIPPLE CREEK AT A LOCAL ELECTION HELD IN EACH CITY TO CONTROL THE CONDUCT OF GAMING IN THAT JURISDICTION, subject to rules promulgated by the commission. SECTION 5. In Colorado Revised Statutes, section 4430-818, amend (1) as follows: 44-30-818. Approval of rules for certain games. (1) Specific rules for blackjack, poker, craps, and roulette, AND SUCH OTHER GAMES AS ARE APPROVED BY THE VOTERS OF CENTRAL, BLACK HAWK, OR CRIPPLE CREEK AT A LOCAL ELECTION HELD IN EACH CITY TO CONTROL THE CONDUCT OF GAMING IN THAT JURISDICTION shall be approved by the commission and clearly posted within plain view of the games.
Ballot Title:
Shall the following Act of the General Assembly be approved: An Act concerning adoption of an agreement among the states to elect the President of the United States by national popular vote, being Senate Bill No. 19-042? Text of Measure:
Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 40 to
article 60 of title 24 as follows:
PART 40 AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE 24-60-4001. Short title. THE SHORT TITLE OF THIS PART 40 IS THE “AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE”. 24-60-4002. Execution of agreement. THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN, IN THE FORM SUBSTANTIALLY AS FOLLOWS:
ARTICLE I -- MEMBERSHIP ANY STATE OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA MAY BECOME A MEMBER OF THIS AGREEMENT BY ENACTING THIS AGREEMENT. ARTICLE II -- RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND VICE PRESIDENT MEMBER STATE SHALL CONDUCT A STATEWIDE POPULAR ELECTION FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
ARTICLE III -- MANNER OF APPOINTINGPRESIDENTIAL ELECTORS IN MEMBER STATES PRIOR TO THE TIME SET BY LAW FOR THE MEETING AND VOTING BY THE PRESIDENTIAL ELECTORS, THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL DETERMINE THE NUMBER OF VOTES FOR EACH PRESIDENTIAL
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SLATE IN EACH STATE OF THE UNITED STATES AND IN THE DISTRICT OF COLUMBIA IN WHICH VOTES HAVE BEEN CAST IN A STATEWIDE POPULAR ELECTION AND SHALL ADD SUCH VOTES TOGETHER TO PRODUCE A “NATIONAL POPULAR VOTE TOTAL” FOR EACH PRESIDENTIAL SLATE. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL DESIGNATE THE PRESIDENTIAL SLATE WITH THE LARGEST NATIONAL POPULAR VOTE TOTAL AS THE “NATIONAL POPULAR VOTE WINNER.” THE PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE SHALL CERTIFY THE APPOINTMENT IN THAT OFFICIAL’S OWN STATE OF THE ELECTOR SLATE NOMINATED IN THAT STATE IN ASSOCIATION WITH THE NATIONAL POPULAR VOTE WINNER. AT LEAST SIX DAYS BEFORE THE DAY FIXED BY LAW FOR THE MEETING AND VOTING BY THE PRESIDENTIAL ELECTORS, EACH MEMBER STATE SHALL MAKE A FINAL DETERMINATION OF THE NUMBER OF POPULAR VOTES CAST IN THE STATE FOR EACH PRESIDENTIAL SLATE AND SHALL COMMUNICATE AN OFFICIAL STATEMENT OF SUCH DETERMINATION WITHIN 24 HOURS TO THE CHIEF ELECTION OFFICIAL OF EACH OTHER MEMBER STATE. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL TREAT AS CONCLUSIVE AN OFFICIAL STATEMENT CONTAINING THE NUMBER OF POPULAR VOTES IN A STATE FOR EACH PRESIDENTIAL SLATE MADE BY THE DAY ESTABLISHED BY FEDERAL LAW FOR MAKING A STATE’S FINAL DETERMINATION CONCLUSIVE AS TO THE COUNTING OF ELECTORAL VOTES BY CONGRESS. IN EVENT OF A TIE FOR THE NATIONAL POPULAR VOTE WINNER, THE PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE SHALL CERTIFY THE APPOINTMENT OF THE ELECTOR SLATE NOMINATED IN ASSOCIATION WITH THE PRESIDENTIAL SLATE RECEIVING THE LARGEST NUMBER OF POPULAR VOTES WITHIN THAT OFFICIAL’S OWN STATE. IF, FOR ANY REASON, THE NUMBER OF PRESIDENTIAL ELECTORS NOMINATED IN A MEMBER STATE IN ASSOCIATION WITH THE NATIONAL POPULAR VOTE WINNER IS LESS THAN OR GREATER THAN THAT STATE’S NUMBER OF ELECTORAL VOTES, THE PRESIDENTIAL CANDIDATE ON THE PRESIDENTIAL SLATE THAT HAS BEEN DESIGNATED AS THE NATIONAL POPULAR VOTE WINNER SHALL HAVE THE POWER TO NOMINATE THE PRESIDENTIAL ELECTORS FOR THAT STATE AND THAT STATE’S PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL SHALL CERTIFY THE APPOINTMENT OF SUCH NOMINEES. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL IMMEDIATELY RELEASE TO THE PUBLIC ALL VOTE COUNTS OR STATEMENTS OF VOTES AS THEY ARE DETERMINED OR OBTAINED. THIS ARTICLE SHALL GOVERN THE APPOINTMENT OF PRESIDENTIAL ELECTORS IN EACH MEMBER STATE IN ANY YEAR IN WHICH THIS AGREEMENT IS, ON JULY 20, IN EFFECT IN STATES CUMULATIVELY POSSESSING A MAJORITY OF THE ELECTORAL VOTES. ARTICLE IV -- OTHER PROVISIONS THIS AGREEMENT SHALL TAKE EFFECT WHEN STATES CUMULATIVELY POSSESSING A MAJORITY OF THE ELECTORAL VOTES HAVE ENACTED THIS AGREEMENT IN SUBSTANTIALLY THE SAME FORM AND THE ENACTMENTS BY SUCH STATES HAVE TAKEN EFFECT IN EACH STATE. ANY MEMBER STATE MAY WITHDRAW FROM THIS AGREEMENT, EXCEPT THAT A WITHDRAWAL OCCURRING SIX MONTHS OR LESS BEFORE THE END OF A PRESIDENT’S TERM SHALL NOT BECOME EFFECTIVE UNTIL A PRESIDENT OR VICE PRESIDENT SHALL HAVE BEEN QUALIFIED TO SERVE THE NEXT TERM. THE CHIEF EXECUTIVE OF EACH MEMBER STATE SHALL PROMPTLY NOTIFY THE CHIEF EXECUTIVE OF ALL OTHER STATES OF WHEN THIS
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2020 Statewide Ballot Issues AGREEMENT HAS BEEN ENACTED AND HAS TAKEN EFFECT IN THAT OFFICIAL’S STATE, WHEN THE STATE HAS WITHDRAWN FROM THIS AGREEMENT, AND WHEN THIS AGREEMENT TAKES EFFECT GENERALLY. THIS AGREEMENT SHALL TERMINATE IF THE ELECTORAL COLLEGE IS ABOLISHED. IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. ARTICLE V -- DEFINITIONS FOR PURPOSES OF THIS AGREEMENT, “CHIEF EXECUTIVE” SHALL MEAN THE GOVERNOR OF A STATE OF THE UNITED STATES OR THE MAYOR OF THE DISTRICT OF COLUMBIA; “ELECTOR SLATE” SHALL MEAN A SLATE OF CANDIDATES WHO HAVE BEEN NOMINATED IN A STATE FOR THE POSITION OF PRESIDENTIAL ELECTOR IN ASSOCIATION WITH A PRESIDENTIAL SLATE; “CHIEF ELECTION OFFICIAL” SHALL MEAN THE STATE OFFICIAL OR BODY THAT IS AUTHORIZED TO CERTIFY THE TOTAL NUMBER OF POPULAR VOTES FOR EACH PRESIDENTIAL SLATE; “PRESIDENTIAL ELECTOR” SHALL MEAN AN ELECTOR FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES;
Proposition 114 Reintroduction and Management of Gray Wolves
EXTENT THEY ARE AVAILABLE, FROM MONEYS IN THE WILDLIFE CASH FUND AS PROVIDED IN SECTION 33-3-107 (2.5).
The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures.
(3) (a) THE COMMISSION’S PLAN MUST COMPLY WITH SECTION 33-2-105.7 (2), (3), AND (4) AND MUST INCLUDE:
Ballot Title:
Shall there be a change to the Colorado Revised Statutes concerning the restoration of gray wolves through their reintroduction on designated lands in Colorado located west of the continental divide, and, in connection therewith, requiring the Colorado parks and wildlife commission, after holding statewide hearings and using scientific data, to implement a plan to restore and manage gray wolves; prohibiting the commission from imposing any land, water, or resource use restrictions on private landowners to further the plan; and requiring the commission to fairly compensate owners for losses of livestock caused by gray wolves? Text of Measure:
“PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL” SHALL MEAN THE STATE OFFICIAL OR BODY THAT IS AUTHORIZED TO CERTIFY THE APPOINTMENT OF THE STATE’S PRESIDENTIAL ELECTORS;
Be it Enacted by the People of the State of Colorado:
“PRESIDENTIAL SLATE” SHALL MEAN A SLATE OF TWO PERSONS, THE FIRST OF WHOM HAS BEEN NOMINATED AS A CANDIDATE FOR PRESIDENT OF THE UNITED STATES AND THE SECOND OF WHOM HAS BEEN NOMINATED AS A CANDIDATE FOR VICE PRESIDENT OF THE UNITED STATES, OR ANY LEGAL SUCCESSORS TO SUCH PERSONS, REGARDLESS OF WHETHER BOTH NAMES APPEAR ON THE BALLOT PRESENTED TO THE VOTER IN A PARTICULAR STATE;
33-2-105.8. Reintroduction of gray wolves on designated lands west of the continental divide - public input in commission development of restoration plan - compensation to owners of livestock - definitions.
“STATE” SHALL MEAN A STATE OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA; AND
(b) THE GRAY WOLF IS LISTED AS AN ENDANGERED SPECIES ON THE COMMISSION’S LIST OF ENDANGERED OR THREATENED SPECIES;
“STATEWIDE POPULAR ELECTION” SHALL MEAN A GENERAL ELECTION IN WHICH VOTES ARE CAST FOR PRESIDENTIAL SLATES BY INDIVIDUAL VOTERS AND COUNTED ON A STATEWIDE BASIS.
In Colorado Revised Statutes, add 33-2105.8 as follows:
SECTION 1.
(1) THE VOTERS OF COLORADO FIND AND DECLARE THAT: (a) HISTORICALLY, WOLVES WERE AN ESSENTIAL PART OF THE WILD HABITAT OF COLORADO BUT WERE EXTERMINATED AND HAVE BEEN FUNCTIONALLY EXTINCT FOR SEVENTY-FIVE YEARS IN THE STATE;
(c) ONCE RESTORED TO COLORADO, GRAY WOLVES WILL HELP RESTORE A CRITICAL BALANCE IN NATURE; AND
Reaffirmation of Colorado law. WHEN THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE BECOMES EFFECTIVE AS PROVIDED IN ARTICLE IV OF THE AGREEMENT AND GOVERNS THE APPOINTMENT OF PRESIDENTIAL ELECTORS AS PROVIDED IN ARTICLE III OF THE AGREEMENT, EACH PRESIDENTIAL ELECTOR SHALL VOTE FOR THE PRESIDENTIAL CANDIDATE AND, BY SEPARATE BALLOT, VICE-PRESIDENTIAL CANDIDATE NOMINATED BY THE POLITICAL PARTY OR POLITICAL ORGANIZATION THAT NOMINATED THE PRESIDENTIAL ELECTOR.
(d) RESTORATION OF THE GRAY WOLF TO THE STATE MUST BE DESIGNED TO RESOLVE CONFLICTS WITH PERSONS ENGAGED IN RANCHING AND FARMING IN THIS STATE.
24-60-4004. Conflicting provisions of law. WHEN THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE BECOMES EFFECTIVE AS PROVIDED IN ARTICLE IV OF THE AGREEMENT AND GOVERNS THE APPOINTMENT OF PRESIDENTIAL ELECTORS AS PROVIDED IN ARTICLE III OF THE AGREEMENT, THIS PART 40 SHALL SUPERSEDE ANY CONFLICTING PROVISIONS OF COLORADO LAW.
(b) HOLD STATEWIDE HEARINGS TO ACQUIRE INFORMATION TO BE CONSIDERED IN DEVELOPING SUCH PLAN, INCLUDING SCIENTIFIC, ECONOMIC, AND SOCIAL CONSIDERATIONS PERTAINING TO SUCH RESTORATION;
24-60-4003.
SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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(2) NOTWITHSTANDING ANY PROVISION OF STATE LAW TO THE CONTRARY, INCLUDING SECTION 33- 2-105.5 (2), AND IN ORDER TO RESTORE GRAY WOLVES TO THE STATE, THE COMMISSION SHALL: (a) DEVELOP A PLAN TO RESTORE AND MANAGE GRAY WOLVES IN COLORADO, USING THE BEST SCIENTIFIC DATA AVAILABLE;
(c) PERIODICALLY OBTAIN PUBLIC INPUT TO UPDATE SUCH PLAN; (d) TAKE THE STEPS NECESSARY TO BEGIN REINTRODUCTIONS OF GRAY WOLVES BY DECEMBER 31, 2023, ONLY ON DESIGNATED LANDS; AND (e) OVERSEE GRAY WOLF RESTORATION AND MANAGEMENT, INCLUDING THE DISTRIBUTION OF STATE FUNDS THAT ARE MADE AVAILABLE TO: (I) ASSIST OWNERS OF LIVESTOCK IN PREVENTING AND RESOLVING CONFLICTS BETWEEN GRAY WOLVES AND LIVESTOCK; AND (II) PAY FAIR COMPENSATION TO OWNERS OF LIVESTOCK FOR ANY LOSSES OF LIVESTOCK CAUSED BY GRAY WOLVES, AS VERIFIED PURSUANT TO THE CLAIM PROCEDURES AUTHORIZED BY SECTIONS 33-3-107 TO 33-3-110 AND, TO THE
(I) THE SELECTION OF DONOR POPULATIONS OF GRAY WOLVES; (II) THE PLACES, MANNER, AND SCHEDULING OF REINTRODUCTIONS OF GRAY WOLVES BY THE DIVISION, WITH SUCH REINTRODUCTIONS BEING RESTRICTED TO DESIGNATED LANDS; (III) DETAILS FOR THE RESTORATION AND MANAGEMENT OF GRAY WOLVES, INCLUDING ACTIONS NECESSARY OR BENEFICIAL FOR ESTABLISHING AND MAINTAINING A SELF-SUSTAINING POPULATION, AS AUTHORIZED BY SECTION 332-104; AND (IV) METHODOLOGIES FOR DETERMINING WHEN THE GRAY WOLF POPULATION IS SUSTAINING ITSELF SUCCESSFULLY AND WHEN TO REMOVE THE GRAY WOLF FROM THE LIST OF ENDANGERED OR THREATENED SPECIES, AS PROVIDED FOR IN SECTION 33-2-105 (2). (b) THE COMMISSION SHALL NOT IMPOSE ANY LAND, WATER, OR RESOURCE USE RESTRICTIONS ON PRIVATE LANDOWNERS IN FURTHERANCE OF THE PLAN. (4) IN FURTHERANCE OF THIS SECTION AND THE EXPRESSED INTENT OF VOTERS, THE GENERAL ASSEMBLY: (a) SHALL MAKE SUCH APPROPRIATIONS AS ARE NECESSARY TO FUND THE PROGRAMS AUTHORIZED AND OBLIGATIONS, INCLUDING FAIR COMPENSATION FOR LIVESTOCK LOSSES THAT ARE AUTHORIZED BY THIS SECTION BUT CANNOT BE PAID FROM MONEYS IN THE WILDLIFE CASH FUND, IMPOSED BY THIS SECTION; AND (b) MAY ADOPT SUCH OTHER LEGISLATION AS WILL FACILITATE THE IMPLEMENTATION OF THE RESTORATION OF GRAY WOLVES TO COLORADO. (5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) “DESIGNATED LANDS” MEANS THOSE LANDS WEST OF THE CONTINENTAL DIVIDE IN COLORADO THAT THE COMMISSION DETERMINES ARE CONSISTENT WITH ITS PLAN TO RESTORE AND MANAGE GRAY WOLVES. (b) “GRAY WOLF” MEANS NONGAME WILDLIFE OF THE SPECIES CANIS LUPUS. (c) “LIVESTOCK” MEANS CATTLE, HORSES, MULES, BURROS, SHEEP, LAMBS, SWINE, LLAMA, ALPACA, AND GOATS. (d) “RESTORE” OR “RESTORATION” MEANS ANY REINTRODUCTION, AS PROVIDED FOR IN SECTION 33-2-105.7 (1)(a), AS WELL AS POST-RELEASE MANAGEMENT OF THE GRAY WOLF IN A MANNER THAT FOSTERS THE SPECIES’ CAPACITY TO SUSTAIN ITSELF SUCCESSFULLY. Proposition 115 Prohibit Abortions After 22 Weeks The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be a change to the Colorado Revised Statutes concerning prohibiting an abortion when the probable gestational age of the fetus is at least twenty-two weeks, and, in connection therewith, making it a misdemeanor punishable by a fine to perform or attempt to perform a prohibited abortion, except when the abortion is immediately required to save the life
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2020 Statewide Ballot Issues of the pregnant woman when her life is physically threatened, but not solely by a psychological or emotional condition; defining terms related to the measure including “probable gestational age” and “abortion,” and excepting from the definition of “abortion” medical procedures relating to miscarriage or ectopic pregnancy; specifying that a woman on whom an abortion is performed may not be charged with a crime in relation to a prohibited abortion; and requiring the Colorado medical board to suspend for at least three years the license of a licensee whom the board finds performed or attempted to perform a prohibited abortion? Text of Measure:
BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO: SECTION 1. IN COLORADO REVISED STATUTES, ADD
PART 9 TO ARTICLE 6 OF TITLE 18 AS FOLLOWS: Part 9 LATE ABORTIONS PROHIBITED
18-6-901. Declaration of the People.
(1) THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT: (a) CURRENTLY, IN THE STATE OF COLORADO AN ABORTION CAN BE PERFORMED AT ANY TIME DURING PREGNANCY. (b) THIS INITIATIVE WOULD PROHIBIT AN ABORTION AFTER 22 WEEKS GESTATIONAL AGE OF THE FETUS. 18-6-902. Definitions. AS USED IN THIS PART 9:
(1) “ABORTION” MEANS THE ACT OF USING OR PRESCRIBING ANY INSTRUMENT, MEDICINE, DRUG, OR ANY OTHER SUBSTANCE, DEVICE, OR MEANS WITH THE INTENT TO TERMINATE THE PREGNANCY OF A WOMAN KNOWN TO BE PREGNANT OR WITH THE INTENT TO KILL THE UNBORN CHILD OF A WOMAN KNOWN TO BE PREGNANT. SUCH USE, PRESCRIPTION, OR MEANS IS NOT AN ABORTION IF DONE WITH THE INTENT TO: (a) SAVE THE LIFE OR PRESERVE THE HEALTH OF THE EMBRYO OR FETUS; (b) REMOVE A DEAD EMBRYO OR FETUS CAUSED BY MISCARRIAGE; OR
TUS, AND IF THE PREGNANT WOMAN’S LIFE IS THREATENED BY A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR PHYSICAL INJURY, INCLUDING A LIFE-ENDANGERING PHYSICAL CONDITION CAUSED BY OR ARISING FROM THE PREGNANCY ITSELF, BUT NOT INCLUDING PSYCHOLOGICAL OR EMOTIONAL CONDITIONS, SUCH AN ABORTION IS NOT UNLAWFUL. IN SUCH A SITUATION, A PHYSICIAN MAY REASONABLY RELY UPON AN ASSESSMENT OF GESTATIONAL AGE MADE BY ANOTHER PHYSICIAN INSTEAD OF ABIDING BY THE PROVISIONS OF 18-6-903 (2). (4) PENALTIES. ANY PERSON WHO INTENTIONALLY OR RECKLESSLY PERFORMS OR PERFORMS OR ATTEMPTS TO PERFORM AN ABORTION IN VIOLATION OF THIS PART 9 IS GUILTY OF A CLASS 1 MISDEMEANOR BUT MAY ONLY BE SUBJECT TO PUNISHMENT BY FINE AND NOT BY JAIL TIME.
(3) “PROBABLE GESTATIONAL AGE” MEANS WHAT, IN THE JUDGMENT OF THE PHYSICIAN USING BEST MEDICAL PRACTICES, WILL WITH REASONABLE PROBABILITY BE THE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME AN ABORTION IS PLANNED TO BE PERFORMED.” (4) “TWENTY-TWO WEEKS” MEANS TWENTY-TWO WEEKS, ZERO DAYS GESTATIONAL AGE. 18-6-903. Abortion after 22 weeks gestational age prohibited.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT AS PROVIDED IN 18-6-903 (3), IT IS UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY PERFORM OR ATTEMPT TO PERFORM AN ABORTION ON ANY OTHER PERSON IF THE PROBABLE GESTATIONAL AGE OF THE FETUS IS AT LEAST 22 WEEKS.
(1) UNLAWFUL CONDUCT.
(2) ASSESSMENT OF GESTATIONAL AGE. A PHYSICIAN PER-
FORMING OR ATTEMPTING AN ABORTION SHALL FIRST MAKE A DETERMINATION OF THE PROBABLE GESTATIONAL AGE. IN MAKING SUCH A DETERMINATION, THE PHYSICIAN SHALL MAKE SUCH INQUIRIES OF THE PREGNANT WOMAN AND PERFORM OR CAUSE TO BE PERFORMED SUCH MEDICAL EXAMINATIONS AND TESTS AS A REASONABLY PRUDENT PHYSICIAN, KNOWLEDGEABLE ABOUT THE CASE AND THE MEDICAL CONDITIONS INVOLVED, WOULD CONSIDER NECESSARY TO MAKE AN ACCURATE DETERMINATION OF THE GESTATIONAL AGE.
(3) EXCEPTION. IF, IN THE REASONABLE MEDICAL
JUDGEMENT OF THE PHYSICIAN, AN ABORTION IS IMMEDIATELY REQUIRED TO SAVE THE LIFE OF A PREGNANT WOMAN, RATHER THAN AN EXPEDITED DELIVERY OF THE LIVING FE-
AL TAXABLE INCOME, AS DETERMINED PURSUANT TO SECTION 63 OF THE INTERNAL REVENUE CODE, OF EVERY INDIVIDUAL, ESTATE, AND TRUST. SECTION 2. In Colorado Revised Statutes, 39-22-301, amend (1)(d)(I)(I); and add (1)(d)(I)(J) as follows: 39-22-301. Corporate tax imposed. (1) (d) (I) A tax is imposed upon each domestic C corporation and foreign C corporation doing business in Colorado annually in an amount of the net income of such C corporation during the year derived from sources within Colorado as set forth in the following schedule of rates:
(I) Except as otherwise provided in section 39-22-627, for income tax years commencing on or after January 1, 2000, BUT BEFORE JANUARY 1, 2020, four and sixty-three one-hundredths percent of the Colorado net income;
(5) NO CRIMINAL PENALTIES FOR WOMEN. A WOMAN ON WHOM AN ABORTION IS PERFORMED OR A PERSON WHO FILLS A PRESCRIPTION OR PROVIDES EQUIPMENT USED IN AN ABORTION DOES NOT VIOLATE THIS PART 9 AND CANNOT BE CHARGED WITH A CRIME IN CONNECTION THEREWITH.
(J) EXCEPT AS OTHERWISE PROVIDED IN SECTION 39-22-627, FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2020, FOUR AND FIFTY-FIVE ONE-HUNDREDTHS PERCENT OF THE COLORADO NET INCOME.
SECTION 2. IN COLORADO REVISED STATUTES, 12240-121, ADD (1)(nn) AS FOLLOWS:
amend (18)(a) introductory portion and (18)(b) as follows:
12-240-121. Unprofessional conduct-definitions. (1) “Unprofessional conduct” as used in this Article 240 means:
39-22-604. Withholding tax - requirement to withhold - tax lien exemption from lien - definitions. (18) (a) Any person who
(nn) A VIOLATION OF SECTION 18-6-903. SECTION 3. IN COLORADO REVISED STATUTES, 12240-125, ADD (9.5) AS FOLLOWS: 12-240-125. Disciplinary action by board – immunity – rules.
(8.5) IF THE BOARD FINDS A LICENSEE COMMITTED UNPROFESSIONAL CONDUCT IN VIOLATION OF SECTION 12-240-121 (1)(nn), THE BOARD SHALL SUSPEND THE LICENSEE’S LICENSE FOR AT LEAST THREE YEARS. SECTION 4. Effective date-applicability-self-executing. (1) This act takes effect from and after the date of the official declaration of the vote thereon by proclamation of the governor, and applies to offenses committed on or after said date.
(2) The provisions of this initiative are self-executing.
(c) REMOVE AN ECTOPIC PREGNANCY. (2) “GESTATIONAL AGE” MEANS THE TIME THAT HAS ELAPSED FROM THE FIRST DAY OF THE WOMAN’S LAST MENSTRUAL PERIOD.
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Proposition 116 State Income Tax Rate Reduction The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be a change to the Colorado Revised Statutes reducing the state income tax rate from 4.63% to 4.55%? Text of Measure:
Be it enacted by the People of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 39-22-104, amend (1.7) as follows: 39-22-104. Income tax imposed on individuals, estates, and trusts single rate - legislative declaration - definitions - repeal.
(1.7) (a) Except as otherwise provided in section 3922-627, subject to subsection (2) of this section, with respect to taxable years commencing on or after January 1, 2000, BUT BEFORE JANUARY 1, 2020, a tax of four and sixty-three one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. (b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 39-22-627, SUBJECT TO SUBSECTION (2) OF THIS SECTION, WITH RESPECT TO TAXABLE YEARS COMMENCING ON OR AFTER JANUARY 1, 2020, A TAX OF FOUR AND FIFTY-FIVE ONE-HUNDREDTHS PERCENT IS IMPOSED ON THE FEDER-
SECTION 3 In Colorado Revised Statutes, 39-22-604,
makes a payment for services to any natural person that is not otherwise subject to state income tax withholding but that requires an information return, including but not limited to any payment for which internal revenue service form 1099-B, 1099-DIV, 1099-INT, 1099-MISC, 1099-OID, or 1099-PATR, the issuance of any of which allows taxpayer identification number verification through the taxpayer identification number matching program administered by the internal revenue service, or any other version of form 1099 is required, shall deduct and withhold state income tax at the rate of four and sixty-three one-hundredths percent SET FORTH IN SECTION 39-22-104 OR 39-22301 if the person who performed the services: (b) Any person other than a natural person and any natural person who in the course of conducting a trade or business as a sole proprietor makes any payment for services to a natural person that is not reported on any information return shall deduct and withhold state income tax at the rate of four and sixty-three one-hundredths percent SET FORTH IN SECTION 39-22-104, unless the employer making payment has a validated taxpayer identification number from the person to whom payment is made.
SECTION 4. Effective date. THIS ACT SHALL TAKE EFFECT UPON PROCLAMATION BY THE GOVERNOR.
Proposition 117 Voter Approval for Certain New State Enterprises The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be a change to the Colorado Revised Statutes requiring statewide voter approval at the next even-year election of any newly created or qualified state enterprise that is exempt from the Taxpayer’s Bill of Rights, Article X, Section 20 of the Colorado constitution, if the projected or actual combined revenue from fees and surcharges of the enterprise, and all other enterprises created within the last five years that serve primarily the same purpose, is greater than $100 million within the first five fiscal years of the creation or qualification of the new enterprise? Text of Measure:
Be it Enacted by the People of the State of Colorado:
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2020 Statewide Ballot Issues SECTION 1. In Colorado Revised Statutes, add 24-77-108 as follows: 24-77-108. Creation of a new fee-based Enterprise. In order to provide transparency and oversight to government mandated fees the People of the State of Colorado find and declare that:
(1) After January 1, 2021, any state enterprise qualified or created, as defined under Colo.Const. Art. X, section 20(2)(d) with projected or actual revenue from fees and surcharges of over $100,000,000 total in its first five fiscal years must be approved at a statewide general election. Ballot titles for enterprises shall begin, “SHALL AN ENTERPRISE BE CREATED TO COLLECT REVENUE TOTALING (full dollar collection for first five fiscal years) IN ITS FIRST FIVE YEARS...?” (2) Revenue collected for enterprises created simultaneously or within the five preceding years serving primarily the same purpose shall be aggregated in calculating the applicability of this section. Proposition 118 Paid Family and Medical Leave Insurance Program The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures. Ballot Title:
Shall there be a change to the Colorado Revised Statutes concerning the creation of a paid family and medical leave program in Colorado, and, in connection therewith, authorizing paid family and medical leave for a covered employee who has a serious health condition, is caring for a new child or for a family member with a serious health condition, or has a need for leave related to a family member’s military deployment or for safe leave; establishing a maximum of 12 weeks of family and medical leave, with an additional 4 weeks for pregnancy or childbirth complications, with a cap on the weekly benefit amount; requiring job protection for and prohibiting retaliation against an employee who takes paid family and medical leave; allowing a local government to opt out of the program; permitting employees of such a local government and self-employed individuals to participate in the program; exempting employers who offer an approved private paid family and medical leave plan; to pay for the program, requiring a premium of 0.9% of each employee’s wages, up to a cap, through December 31, 2024, and as set thereafter, up to 1.2% of each employee’s wages, by the director of the division of family and medical leave insurance; authorizing an employer to deduct up to 50% of the premium amount from an employee’s wages and requiring the employer to pay the remainder of the premium, with an exemption for employers with fewer than 10 employees; creating the division of family and medical leave insurance as an enterprise within the department of labor and employment to administer the program; and establishing an enforcement and appeals process for retaliation and denied claims? Text of Measure:
Be it Enacted by the People of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 4 to
article 13.3 of title 8 as follows:
8-13.3-401. Short title. THIS PART 4 SHALL BE KNOWN
AND MAY BE CITED AS THE “PAID FAMILY AND MEDICAL LEAVE INSURANCE ACT”.
8-13.3-402. Purposes and findings. THE PEOPLE OF THE
STATE OF COLORADO HEREBY FIND AND DECLARE THAT:
(1) WORKERS IN COLORADO EXPERIENCE A VARIETY OF PERSONAL AND FAMILY CAREGIVING OBLIGATIONS, BUT IT CAN BE DIFFICULT OR IMPOSSIBLE TO ADEQUATELY RESPOND TO THOSE NEEDS WITHOUT ACCESS TO PAID LEAVE.
(2) ACCESS TO PAID FAMILY AND MEDICAL LEAVE INSURANCE HELPS EMPLOYERS IN COLORADO BY REDUCING TURNOVER, RECRUITING WORKERS, AND PROMOTING A HEALTHY BUSINESS CLIMATE, WHILE ALSO ENSURING THAT SMALLER EMPLOYERS CAN COMPETE WITH LARGER EMPLOYERS BY PROVIDING PAID LEAVE BENEFITS TO THEIR WORKERS THROUGH AN AFFORDABLE INSURANCE PROGRAM. (3) PAID FAMILY AND MEDICAL LEAVE INSURANCE WILL ALSO PROVIDE A NECESSARY SAFETY NET FOR ALL COLORADO WORKERS WHEN THEY HAVE PERSONAL OR FAMILY CAREGIVING NEEDS, INCLUDING LOW-INCOME WORKERS LIVING PAYCHECK TO PAYCHECK WHO ARE DISPROPORTIONATELY MORE LIKELY TO LACK ACCESS TO PAID LEAVE AND LEAST ABLE TO AFFORD UNPAID LEAVE. (4) DUE TO THE NEED TO PROVIDE PAID TIME OFF TO COLORADO WORKERS TO ADDRESS FAMILY AND MEDICAL NEEDS, SUCH AS THE ARRIVAL OF A NEW CHILD, MILITARY FAMILY NEEDS, AND A PERSONAL OR A FAMILY MEMBER’S SERIOUS HEALTH CONDITION, INCLUDING THE EFFECTS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT, IT IS NECESSARY TO CREATE A STATEWIDE PAID FAMILY AND MEDICAL LEAVE INSURANCE ENTERPRISE AND TO AUTHORIZE THE ENTERPRISE TO: (a) COLLECT INSURANCE PREMIUMS FROM EMPLOYERS AND EMPLOYEES AT RATES REASONABLY CALCULATED TO DEFRAY THE COSTS OF PROVIDING THE PROGRAM’S LEAVE BENEFITS TO WORKERS; AND (b) RECEIVE AND EXPEND REVENUES GENERATED BY THE PREMIUMS AND OTHER MONEYS, ISSUE REVENUE BONDS AND OTHER OBLIGATIONS, EXPEND REVENUES GENERATED BY THE PREMIUMS TO PAY FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS AND ASSOCIATED ADMINISTRATIVE AND PROGRAM COSTS, AND EXERCISE OTHER POWERS NECESSARY AND APPROPRIATE TO CARRY OUT ITS PURPOSES. (5) THE FISCAL APPROACH OF THIS PART 4 HAS BEEN INFORMED BY THE EXPERIENCE OF OTHER STATE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAMS, MODELING BASED ON THE COLORADO WORKFORCE, AND INPUT FROM A VARIETY OF STAKEHOLDERS IN COLORADO. (6) THE CREATION OF A STATEWIDE PAID FAMILY AND MEDICAL LEAVE INSURANCE ENTERPRISE IS IN THE PUBLIC INTEREST AND WILL PROMOTE THE HEALTH, SAFETY, AND WELFARE OF ALL COLORADANS, WHILE ALSO ENCOURAGING AN ENTREPRENEURIAL ATMOSPHERE AND ECONOMIC GROWTH. 8-13.3-403. Definitions. AS USED IN THIS PART 4, UN-
LESS THE CONTEXT OTHERWISE REQUIRES:
(1) “APPLICATION YEAR” MEANS THE 12-MONTH PERIOD BEGINNING ON THE FIRST DAY OF THE CALENDAR WEEK IN WHICH AN INDIVIDUAL FILES AN APPLICATION FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS. (2) “AVERAGE WEEKLY WAGE” MEANS ONE-THIRTEENTH OF THE WAGES PAID DURING THE QUARTER OF THE COVERED INDIVIDUAL’S BASE PERIOD, AS DEFINED IN SECTION 8-70-103 (2), OR ALTERNATIVE BASE PERIOD, AS DEFINED IN SECTION 8-70-103 (1.5), IN WHICH THE TOTAL WAGES WERE HIGHEST. FOR PURPOSES OF CALCULATING AVERAGE WEEKLY WAGE, WAGES INCLUDE, BUT ARE NOT LIMITED TO, SALARY, WAGES, TIPS, COMMISSIONS, AND OTHER COMPENSATION AS DETERMINED BY THE DIRECTOR BY RULE. (3) “COVERED INDIVIDUAL” MEANS ANY PERSON WHO: (a)(I) EARNED AT LEAST $2,500 IN WAGES SUBJECT TO PREMIUMS UNDER THIS PART 4 DURING THE PERSON’S BASE PERIOD, AS DEFINED IN SECTION 8-70-103 (2), OR ALTERNATIVE BASE PERIOD, AS DEFINED IN SECTION 8-70-103 (1.5); OR (II) ELECTS COVERAGE AND MEETS THE REQUIREMENTS OF SECTION 8-13.3-414; (b) MEETS THE ADMINISTRATIVE REQUIRE-
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MENTS OUTLINED IN THIS PART 4 AND IN REGULATIONS; AND (c) SUBMITS AN APPLICATION WITH A CLAIM FOR BENEFITS PURSUANT TO SECTION 8-13.3-416(6) (d). (4) “DIRECTOR” MEANS THE DIRECTOR OF THE DIVISION. (5) “DIVISION” MEANS THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE CREATED IN SECTION 8-13.3-408. (6) “DOMESTIC VIOLENCE” MEANS ANY CONDUCT THAT CONSTITUTES “DOMESTIC VIOLENCE” AS SET FORTH IN SECTION 18-6-800.3(1) OR SECTION 14-10-124 (1.3)(a) OR “DOMESTIC ABUSE” AS SET FORTH IN SECTION 13-14-101(2). (7) “EMPLOYEE” MEANS ANY INDIVIDUAL, INCLUDING A MIGRATORY LABORER, PERFORMING LABOR OR SERVICES FOR THE BENEFIT OF ANOTHER, IRRESPECTIVE OF WHETHER THE COMMON-LAW RELATIONSHIP OF MASTER AND SERVANT EXISTS. FOR THE PURPOSES OF THIS PART 4, AN INDIVIDUAL PRIMARILY FREE FROM CONTROL AND DIRECTION IN THE PERFORMANCE OF THE LABOR OR SERVICES, BOTH UNDER THE INDIVIDUAL’S CONTRACT FOR THE PERFORMANCE OF THE LABOR OR SERVICES AND IN FACT, AND WHO IS CUSTOMARILY ENGAGED IN AN INDEPENDENT TRADE, OCCUPATION, PROFESSION, OR BUSINESS RELATED TO THE LABOR OR SERVICES PERFORMED IS NOT AN “EMPLOYEE.” “EMPLOYEE” DOES NOT INCLUDE AN “EMPLOYEE” AS DEFINED BY 45 U.S.C. SECTION 351(d) WHO IS SUBJECT TO THE FEDERAL “RAILROAD UNEMPLOYMENT INSURANCE ACT,” 45 U.S.C. SECTION 351 ET SEQ. (8)(a) “EMPLOYER” MEANS ANY PERSON ENGAGED IN COMMERCE OR AN INDUSTRY OR ACTIVITY AFFECTING COMMERCE THAT: (I) EMPLOYS AT LEAST ONE PERSON FOR EACH WORKING DAY DURING EACH OF TWENTY OR MORE CALENDAR WORKWEEKS IN THE CURRENT OR IMMEDIATELY PRECEDING CALENDAR YEAR; OR (II) PAID WAGES OF ONE THOUSAND FIVE HUNDRED DOLLARS OR MORE DURING ANY CALENDAR QUARTER IN THE PRECEDING CALENDAR YEAR. (b) “EMPLOYER” INCLUDES: (I) A PERSON WHO ACTS, DIRECTLY OR INDIRECTLY, IN THE INTEREST OF AN EMPLOYER WITH REGARD TO ANY OF THE EMPLOYEES OF THE EMPLOYER; (II) A SUCCESSOR IN INTEREST OF AN EMPLOYER THAT ACQUIRES ALL OF THE ORGANIZATION, TRADE, OR BUSINESS OR SUBSTANTIALLY ALL OF THE ASSETS OF ONE OR MORE EMPLOYERS; AND (III) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. (c) “EMPLOYER” DOES NOT INCLUDE THE FEDERAL GOVERNMENT. (9) “FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS” OR “BENEFITS” MEANS THE BENEFITS PROVIDED UNDER THE TERMS OF THIS PART 4. (10) “FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM” OR “PROGRAM” MEANS THE PROGRAM CREATED IN SECTION 8-13.3-416. (11) “FAMILY MEMBER” MEANS: (a) REGARDLESS OF AGE, A BIOLOGICAL, ADOPTED OR FOSTER CHILD, STEPCHILD OR LEGAL WARD, A CHILD OF A DOMESTIC PARTNER, A CHILD TO WHOM THE COVERED INDIVIDUAL STANDS IN LOCO PARENTIS, OR A PERSON TO WHOM THE COVERED INDIVIDUAL STOOD IN LOCO PARENTIS WHEN THE PERSON WAS A MINOR; (b) A BIOLOGICAL, ADOPTIVE OR FOSTER PARENT, STEPPARENT OR LEGAL GUARDIAN OF A COVERED INDIVIDUAL OR COVERED INDIVIDUAL’S SPOUSE OR DOMESTIC PARTNER OR A PERSON WHO STOOD IN LOCO PARENTIS WHEN THE COVERED INDIVIDUAL OR COVERED INDI-
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2020 Statewide Ballot Issues VIDUAL’S SPOUSE OR DOMESTIC PARTNER WAS A MINOR CHILD; (c) A PERSON TO WHOM THE COVERED INDIVIDUAL IS LEGALLY MARRIED UNDER THE LAWS OF ANY STATE, OR A DOMESTIC PARTNER OF A COVERED INDIVIDUAL AS DEFINED IN SECTION 24-50-603 (6.5); (d) A GRANDPARENT, GRANDCHILD OR SIBLING (WHETHER A BIOLOGICAL, FOSTER, ADOPTIVE OR STEP RELATIONSHIP) OF THE COVERED INDIVIDUAL OR COVERED INDIVIDUAL’S SPOUSE OR DOMESTIC PARTNER; OR (e) AS SHOWN BY THE COVERED INDIVIDUAL, ANY OTHER INDIVIDUAL WITH WHOM THE COVERED INDIVIDUAL HAS A SIGNIFICANT PERSONAL BOND THAT IS OR IS LIKE A FAMILY RELATIONSHIP, REGARDLESS OF BIOLOGICAL OR LEGAL RELATIONSHIP. (12) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND CREATED IN SECTION 8-13.3-418. (13) “HEALTH CARE PROVIDER” MEANS ANY PERSON LICENSED, CERTIFIED, OR REGISTERED UNDER FEDERAL OR COLORADO LAW TO PROVIDE MEDICAL OR EMERGENCY SERVICES, INCLUDING, BUT NOT LIMITED TO, PHYSICIANS, DOCTORS, NURSES, EMERGENCY ROOM PERSONNEL, AND MIDWIVES. (14) “LOCAL GOVERNMENT” HAS THE SAME MEANING AS SET FORTH IN SECTION 29-1304.5(3)(b). (15) “PAID FAMILY AND MEDICAL LEAVE” MEANS LEAVE TAKEN FROM EMPLOYMENT IN CONNECTION WITH FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4. (16) “QUALIFYING EXIGENCY LEAVE” MEANS LEAVE BASED ON A NEED ARISING OUT OF A COVERED INDIVIDUAL’S FAMILY MEMBER’S ACTIVE DUTY SERVICE OR NOTICE OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORCES, INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR THE CARE OR OTHER NEEDS OF THE MILITARY MEMBER’S CHILD OR OTHER FAMILY MEMBER, MAKING FINANCIAL OR LEGAL ARRANGEMENTS FOR THE MILITARY MEMBER, ATTENDING COUNSELING, ATTENDING MILITARY EVENTS OR CEREMONIES, SPENDING TIME WITH THE MILITARY MEMBER DURING A REST AND RECUPERATION LEAVE OR FOLLOWING RETURN FROM DEPLOYMENT, OR MAKING ARRANGEMENTS FOLLOWING THE DEATH OF THE MILITARY MEMBER. (17) “RETALIATORY PERSONNEL ACTION” MEANS DENIAL OF ANY RIGHT GUARANTEED UNDER THIS PART 4, INCLUDING, BUT NOT LIMITED TO, ANY THREAT, DISCHARGE, SUSPENSION, DEMOTION, REDUCTION OF HOURS, OR ANY OTHER ADVERSE ACTION AGAINST AN EMPLOYEE FOR THE EXERCISE OF ANY RIGHT GUARANTEED IN THIS PART 4. “RETALIATORY PERSONNEL ACTION” ALSO INCLUDES INTERFERENCE WITH OR PUNISHMENT FOR IN ANY MANNER PARTICIPATING IN OR ASSISTING AN INVESTIGATION, PROCEEDING, OR HEARING UNDER THIS PART 4. (18) “SAFE LEAVE” MEANS ANY LEAVE BECAUSE THE COVERED INDIVIDUAL OR THE COVERED INDIVIDUAL’S FAMILY MEMBER IS THE VICTIM OF DOMESTIC VIOLENCE, THE VICTIM OF STALKING, OR THE VICTIM OF SEXUAL ASSAULT OR ABUSE. SAFE LEAVE UNDER THIS PART 4 APPLIES IF THE COVERED INDIVIDUAL IS USING THE LEAVE FROM WORK TO PROTECT THE COVERED INDIVIDUAL OR THE COVERED INDIVIDUAL’S FAMILY MEMBER BY: (a) SEEKING A CIVIL PROTECTION ORDER TO PREVENT DOMESTIC VIOLENCE PURSUANT TO SECTIONS 13-14-104.5, 13-14-106, OR 13-14-108; (b) OBTAINING MEDICAL CARE OR MENTAL HEALTH COUNSELING OR BOTH FOR HIMSELF OR HERSELF OR FOR HIS OR HER CHILDREN TO ADDRESS PHYSICAL OR PSYCHOLOGICAL INJURIES RESULTING FROM THE ACT OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT OR ABUSE;
(c) MAKING HIS OR HER HOME SECURE FROM THE PERPETRATOR OF THE ACT OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT OR ABUSE, OR SEEKING NEW HOUSING TO ESCAPE SAID PERPETRATOR; OR (d) SEEKING LEGAL ASSISTANCE TO ADDRESS ISSUES ARISING FROM THE ACT OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT OR ABUSE, OR ATTENDING AND PREPARING FOR COURT- RELATED PROCEEDINGS ARISING FROM SAID ACT OR CRIME. (19) “SERIOUS HEALTH CONDITION” IS AN ILLNESS, INJURY, IMPAIRMENT, PREGNANCY, RECOVERY FROM CHILDBIRTH, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL MEDICAL CARE FACILITY, OR CONTINUING TREATMENT BY A HEALTH CARE PROVIDER. (20) “SEXUAL ASSAULT OR ABUSE” MEANS ANY OFFENSE AS DESCRIBED IN SECTION 16-11.7102 (3), OR SEXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402, COMMITTED BY ANY PERSON AGAINST ANOTHER PERSON REGARDLESS OF THE RELATIONSHIP BETWEEN THE ACTOR AND THE VICTIM. (21) “STALKING” MEANS ANY ACT AS DESCRIBED IN SECTION 18-3-602. (22) “STATE AVERAGE WEEKLY WAGE” MEANS THE STATE AVERAGE WEEKLY WAGE DETERMINED IN ACCORDANCE WITH SECTION 8-47-106. 8-13.3-404. Eligibility. BEGINNING JANUARY 1, 2024, AN INDIVIDUAL HAS THE RIGHT TO TAKE PAID FAMILY AND MEDICAL LEAVE, AND TO RECEIVE FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS WHILE TAKING PAID FAMILY AND MEDICAL LEAVE, IF THE INDIVIDUAL:
(1) MEETS THE DEFINITION OF “COVERED INDIVIDUAL” UNDER SECTION 8-13.3-403 (3); AND (2) MEETS ONE OF THE FOLLOWING REQUIREMENTS: (a) BECAUSE OF BIRTH, ADOPTION OR PLACEMENT THROUGH FOSTER CARE, IS CARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER THE BIRTH, ADOPTION OR PLACEMENT OF THAT CHILD; (b) IS CARING FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION; (c) HAS A SERIOUS HEALTH CONDITION; (d) BECAUSE OF ANY QUALIFYING EXIGENCY LEAVE; (e) HAS A NEED FOR SAFE LEAVE. 8-13.3-405. Duration. (1) THE MAXIMUM NUMBER OF WEEKS FOR WHICH A COVERED INDIVIDUAL MAY TAKE PAID FAMILY AND MEDICAL LEAVE AND FOR WHICH FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAYABLE FOR ANY PURPOSE, OR PURPOSES IN AGGREGATE, UNDER SECTION 8-13.3-404 (2) IN AN APPLICATION YEAR IS 12 WEEKS; EXCEPT THAT BENEFITS ARE PAYABLE UP TO AN ADDITIONAL FOUR WEEKS TO A COVERED INDIVIDUAL WITH A SERIOUS HEALTH CONDITION RELATED TO PREGNANCY COMPLICATIONS OR CHILDBIRTH COMPLICATIONS. (2) THE FIRST PAYMENT OF BENEFITS SHALL BE MADE TO AN INDIVIDUAL WITHIN TWO WEEKS AFTER THE CLAIM IS FILED, AND SUBSEQUENT PAYMENTS SHALL BE MADE EVERY TWO WEEKS THEREAFTER.
(3) A COVERED INDIVIDUAL MAY TAKE INTERMITTENT LEAVE IN INCREMENTS OF EITHER ONE HOUR OR SHORTER PERIODS IF CONSISTENT WITH THE INCREMENTS THE EMPLOYER TYPICALLY USES TO MEASURE EMPLOYEE LEAVE, EXCEPT THAT BENEFITS ARE NOT PAYABLE UNTIL THE COVERED INDIVIDUAL ACCUMULATES AT LEAST EIGHT HOURS OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS. (4) THE COVERED INDIVIDUAL SHALL MAKE A REASONABLE EFFORT TO SCHEDULE PAID FAMILY AND MEDICAL LEAVE UNDER THIS PART 4 SO AS NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. (5) IN ANY CASE IN WHICH THE NECESSITY FOR
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LEAVE UNDER THIS PART 4 IS FORESEEABLE, AN EMPLOYEE SHALL PROVIDE NOTICE TO THE INDIVIDUAL’S EMPLOYER WITH NOT LESS THAN 30 DAYS’ NOTICE BEFORE THE DATE THE LEAVE IS TO BEGIN OF THE INDIVIDUAL’S INTENTION TO TAKE LEAVE UNDER THIS PART 4. IF THE NECESSITY FOR LEAVE IS NOT FORESEEABLE OR PROVIDING 30 DAYS’ NOTICE IS NOT POSSIBLE, THE INDIVIDUAL SHALL PROVIDE THE NOTICE AS SOON AS PRACTICABLE. (6) NOTHING IN THIS SECTION ENTITLES A COVERED INDIVIDUAL TO MORE LEAVE THAN REQUIRED UNDER THIS SECTION. 8-13.3-406. Amount of benefits. (1) THE AMOUNT OF FAM-
ILY AND MEDICAL LEAVE INSURANCE BENEFITS SHALL BE DETERMINED AS FOLLOWS: (a) THE WEEKLY BENEFIT SHALL BE DETERMINED AS FOLLOWS: (I) THE PORTION OF THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAGE THAT IS EQUAL TO OR LESS THAN 50 PERCENT OF THE STATE AVERAGE WEEKLY WAGE SHALL BE REPLACED AT A RATE OF 90 PERCENT; AND (II) THE PORTION OF THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAGE THAT IS MORE THAN 50 PERCENT OF THE STATE AVERAGE WEEKLY WAGE SHALL BE REPLACED AT A RATE OF 50 PERCENT. (b) THE MAXIMUM WEEKLY BENEFIT IS 90 PERCENT OF THE STATE AVERAGE WEEKLY WAGE, EXCEPT THAT FOR PAID FAMILY AND MEDICAL LEAVE BEGINNING BEFORE JANUARY 1, 2025, THE MAXIMUM WEEKLY BENEFIT IS 1,100 DOLLARS. (2) THE DIVISION SHALL CALCULATE A COVERED INDIVIDUAL’S WEEKLY BENEFIT AMOUNT BASED ON THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAGE EARNED FROM THE JOB OR JOBS FROM WHICH THE COVERED INDIVIDUAL IS TAKING PAID FAMILY AND MEDICAL LEAVE, UP TO THE MAXIMUM TOTAL BENEFIT ESTABLISHED IN SECTION 8-13.3-406 (1)(b). IF A COVERED INDIVIDUAL TAKING PAID FAMILY AND MEDICAL LEAVE FROM A JOB CONTINUES WORKING AT AN ADDITIONAL JOB OR JOBS DURING THIS TIME, THE DIVISION SHALL NOT CONSIDER THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAGE EARNED FROM THE ADDITIONAL JOB OR JOBS WHEN CALCULATING THE COVERED INDIVIDUAL’S WEEKLY BENEFIT AMOUNT. A COVERED INDIVIDUAL WITH MULTIPLE JOBS MAY ELECT WHETHER TO TAKE LEAVE FROM ONE JOB OR MULTIPLE JOBS.
8-13.3-407. Premiums. (1) PAYROLL PREMIUMS SHALL BE AUTHORIZED IN ORDER TO FINANCE THE PAYMENT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4, AND ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.
(2) BEGINNING ON JANUARY 1, 2023, FOR EACH EMPLOYEE, AN EMPLOYER SHALL REMIT TO THE FUND ESTABLISHED UNDER SECTION 8-13.3-418 PREMIUMS IN THE FORM AND MANNER DETERMINED BY THE DIVISION. (3) (a) FROM JANUARY 1, 2023, THROUGH DECEMBER 31, 2024, THE PREMIUM AMOUNT IS NINE TENTHS OF ONE PERCENT OF WAGES PER EMPLOYEE. (b) FOR THE 2025 CALENDAR YEAR, AND EACH CALENDAR YEAR THEREAFTER, THE DIRECTOR SHALL SET THE PREMIUM BASED ON A PERCENT OF EMPLOYEE WAGES AND AT THE RATE NECESSARY TO OBTAIN A TOTAL AMOUNT OF PREMIUM CONTRIBUTIONS EQUAL TO ONE HUNDRED THIRTY-FIVE PERCENT OF THE BENEFITS PAID DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR PLUS AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE COST OF ADMINISTRATION OF THE PAYMENT OF THOSE BENEFITS DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR, LESS THE AMOUNT OF NET ASSETS REMAINING IN THE FUND AS OF DECEMBER 31 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE PREMIUM SHALL NOT EXCEED ONE AND TWO TENTHS OF A PERCENT OF WAGES PER EMPLOYEE. THE DIVISION SHALL PROVIDE
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2020 Statewide Ballot Issues PUBLIC NOTICE IN ADVANCE OF JANUARY FIRST OF ANY CHANGES TO THE PREMIUM. (4) (a) A SELF-EMPLOYED INDIVIDUAL WHO ELECTS COVERAGE UNDER SECTION 8-13.3-414 SHALL PAY ONLY 50 PERCENT OF THE PREMIUM REQUIRED FOR AN EMPLOYEE BY SECTION 8-13.3-407(3) ON THAT INDIVIDUAL’S INCOME FROM SELF-EMPLOYMENT. (b) AN EMPLOYEE OF A LOCAL GOVERNMENT WHO ELECTS COVERAGE UNDER SECTION 8-13.3-414 SHALL PAY ONLY 50 PERCENT OF THE PREMIUM REQUIRED FOR AN EMPLOYEE BY SECTION 8 13.3 407(3) ON THAT EMPLOYEE’S INCOME FROM THAT LOCAL GOVERNMENT EMPLOYMENT. (c) AN EMPLOYEE OF A LOCAL GOVERNMENT OR A SELF-EMPLOYED PERSON WHO ELECTS COVERAGE UNDER SECTION 8-13.3-414 SHALL REMIT THE PREMIUM AMOUNT REQUIRED BY THIS SUBSECTION DIRECTLY TO THE DIVISION, IN THE FORM AND MANNER REQUIRED BY THE DIRECTOR BY RULE. (5) AN EMPLOYER WITH 10 OR MORE EMPLOYEES MAY DEDUCT UP TO 50 PERCENT OF THE PREMIUM REQUIRED FOR AN EMPLOYEE BY SECTION 8-13.3-407 (3) FROM THAT EMPLOYEE’S WAGES AND SHALL REMIT 100 PERCENT OF THE PREMIUM REQUIRED BY SECTION 8-13.3-407(3) TO THE FUND. AN EMPLOYER WITH FEWER THAN 10 EMPLOYEES MAY DEDUCT UP TO 50 PERCENT OF THE PREMIUM REQUIRED FOR AN EMPLOYEE BY SECTION 8-13.3-407(3) FROM THAT EMPLOYEE’S WAGES AND SHALL REMIT 50 PERCENT OF THE PREMIUM REQUIRED BY SECTION 8-13.3407(3) TO THE FUND. (6) PREMIUMS SHALL NOT BE REQUIRED FOR EMPLOYEES’ WAGES ABOVE THE CONTRIBUTION AND BENEFIT BASE LIMIT ESTABLISHED ANNUALLY BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION FOR PURPOSES OF THE FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE PROGRAM LIMITS PURSUANT TO 42 U.S.C. SECTION 430. (7) THE PREMIUMS COLLECTED UNDER THIS PART 4 ARE USED EXCLUSIVELY FOR THE PAYMENT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS AND THE ADMINISTRATION OF THE PROGRAM. PREMIUMS ESTABLISHED UNDER THIS SECTION ARE FEES AND NOT TAXES. (8) AN EMPLOYER WITH AN APPROVED PRIVATE PLAN UNDER SECTION 8-13.3-421 SHALL NOT BE REQUIRED TO REMIT PREMIUMS UNDER THIS SECTION TO THE FUND. (9) NOTWITHSTANDING SECTION 8-13.3-407(2), IF A LOCAL GOVERNMENT HAS DECLINED PARTICIPATION IN THE PROGRAM IN ACCORDANCE WITH SECTION 8-13.3-422: (a) THE LOCAL GOVERNMENT IS NOT REQUIRED TO PAY THE PREMIUMS IMPOSED IN THIS SECTION OR COLLECT PREMIUMS FROM EMPLOYEES WHO HAVE ELECTED COVERAGE PURSUANT TO SECTION 8-13.3-414; AND (b) AN EMPLOYEE OF THE LOCAL GOVERNMENT IS NOT REQUIRED TO PAY THE PREMIUMS IMPOSED IN THIS SECTION UNLESS THE EMPLOYEE HAS ELECTED COVERAGE PURSUANT TO SECTION 8-13.3- 414. 8-13.3-408. Division of family and medical leave insurance. (1) THERE IS HEREBY CREATED IN THE DEPARTMENT OF LABOR AND EMPLOYMENT THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE, THE HEAD OF WHICH IS THE DIRECTOR OF THE DIVISION. (2)(a) THE DIVISION CONSTITUTES AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION, AS LONG AS THE DIVISION RETAINS AUTHORITY TO ISSUE REVENUE BONDS AND THE DIVISION RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUES IN GRANTS, AS DEFINED IN SECTION 24-77-102(7), FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. FOR AS LONG AS IT CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SECTION, THE DIVISION IS NOT SUBJECT TO SECTION 20 OF ARTI-
CLE X OF THE COLORADO CONSTITUTION. (b) THE ENTERPRISE ESTABLISHED PURSUANT TO THIS SECTION HAS ALL THE POWERS AND DUTIES AUTHORIZED BY THIS PART 4 PERTAINING TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS. THE FUND CONSTITUTES PART OF THE ENTERPRISE ESTABLISHED PURSUANT TO THIS SECTION. (c) NOTHING IN THIS SECTION LIMITS OR RESTRICTS THE AUTHORITY OF THE DIVISION TO EXPEND ITS REVENUES CONSISTENT WITH THIS PART 4. (d) THE DIVISION IS HEREBY AUTHORIZED TO ISSUE REVENUE BONDS FOR THE EXPENSES OF THE DIVISION, WHICH BONDS MAY BE SECURED BY ANY REVENUES OF THE DIVISION. REVENUE FROM THE BONDS ISSUED PURSUANT TO THIS SUBSECTION SHALL BE DEPOSITED INTO THE FUND. 8-13.3-409. Leave and employment protection. (1) ANY COV-
ERED INDIVIDUAL WHO HAS BEEN EMPLOYED WITH THE COVERED INDIVIDUAL’S CURRENT EMPLOYER FOR AT LEAST 180 DAYS PRIOR TO THE COMMENCEMENT OF THE COVERED INDIVIDUAL’S PAID FAMILY AND MEDICAL LEAVE WHO EXERCISES THE COVERED INDIVIDUAL’S RIGHT TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS SHALL BE ENTITLED, UPON RETURN FROM THAT LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION HELD BY THE COVERED INDIVIDUAL WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO AN EQUIVALENT POSITION WITH EQUIVALENT EMPLOYMENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. NOTHING IN THIS SECTION ENTITLES ANY RESTORED EMPLOYEE TO: (a) THE ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE; OR (b) ANY RIGHT, BENEFIT, OR POSITION OF EMPLOYMENT OTHER THAN ANY RIGHT, BENEFIT, OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. NOTHING IN THIS SECTION RELIEVES AN EMPLOYER OF ANY OBLIGATION UNDER A COLLECTIVE BARGAINING AGREEMENT. (2) DURING ANY PAID FAMILY AND MEDICAL LEAVE TAKEN PURSUANT TO THIS PART 4, THE EMPLOYER SHALL MAINTAIN ANY HEALTH CARE BENEFITS THE COVERED INDIVIDUAL HAD PRIOR TO TAKING SUCH LEAVE FOR THE DURATION OF THE LEAVE AS IF THE COVERED INDIVIDUAL HAD CONTINUED IN EMPLOYMENT CONTINUOUSLY FROM THE DATE THE INDIVIDUAL COMMENCED THE LEAVE UNTIL THE DATE THE FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS TERMINATE. THE COVERED INDIVIDUAL SHALL CONTINUE TO PAY THE COVERED INDIVIDUAL’S SHARE OF THE COST OF HEALTH BENEFITS AS REQUIRED PRIOR TO THE COMMENCEMENT OF THE LEAVE. (3) IT IS UNLAWFUL FOR AN EMPLOYER OR ANY OTHER PERSON TO INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT PROTECTED UNDER THIS PART 4. (4) AN EMPLOYER, EMPLOYMENT AGENCY, EMPLOYEE ORGANIZATION OR OTHER PERSON SHALL NOT TAKE RETALIATORY PERSONNEL ACTION OR OTHERWISE DISCRIMINATE AGAINST A PERSON BECAUSE THE INDIVIDUAL EXERCISED RIGHTS PROTECTED UNDER THIS PART 4. SUCH RIGHTS INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO: REQUEST, FILE FOR, APPLY FOR OR USE BENEFITS PROVIDED FOR UNDER THIS PART 4; TAKE PAID FAMILY AND MEDICAL LEAVE FROM WORK UNDER THIS PART 4; COMMUNICATE TO THE EMPLOYER OR ANY OTHER PERSON OR ENTITY AN INTENT TO FILE A CLAIM, A COMPLAINT WITH THE DIVISION OR COURTS, OR AN APPEAL; TESTIFY OR ASSIST IN ANY INVESTIGATION, HEARING OR PROCEEDING UNDER THIS PART 4, AT ANY TIME, INCLUDING DURING THE PERIOD IN WHICH THE PERSON RECEIVES FAMILY AND MEDICAL LEAVE INSURANCE BENE-
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FITS UNDER THIS PART 4; INFORM ANY PERSON ABOUT ANY EMPLOYER’S ALLEGED VIOLATION OF THIS PART 4; AND INFORM ANY PERSON OF HIS OR HER RIGHTS UNDER THIS PART 4. (5) IT IS UNLAWFUL FOR AN EMPLOYER TO COUNT PAID FAMILY AND MEDICAL LEAVE TAKEN UNDER THIS PART 4 AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN DISCIPLINE, DISCHARGE, DEMOTION, SUSPENSION OR ANY OTHER ADVERSE ACTION. (6) (a) AN AGGRIEVED INDIVIDUAL UNDER THIS SECTION MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION. (b) AN EMPLOYER WHO VIOLATES THIS SECTION IS SUBJECT TO THE DAMAGES AND EQUITABLE RELIEF AVAILABLE UNDER 29 U.S.C. SECTION 2617(a)(1). (c) EXCEPT AS PROVIDED IN SECTION 8-13.3409 (6)(d), A CLAIM BROUGHT IN ACCORDANCE WITH THIS SECTION MUST BE FILED WITHIN TWO YEARS AFTER THE DATE OF THE LAST EVENT CONSTITUTING THE ALLEGED VIOLATION FOR WHICH THE ACTION IS BROUGHT. (d) IN THE CASE OF SUCH ACTION BROUGHT FOR A WILLFUL VIOLATION OF THIS SECTION, SUCH ACTION MAY BE BROUGHT WITHIN 3 YEARS OF THE DATE OF THE LAST EVENT CONSTITUTING THE ALLEGED VIOLATION FOR WHICH SUCH ACTION IS BROUGHT. (7) THE DIRECTOR, BY RULE, SHALL ESTABLISH A FINE STRUCTURE FOR EMPLOYERS WHO VIOLATE THIS SECTION, WITH A MAXIMUM FINE OF $500 PER VIOLATION. THE DIRECTOR SHALL TRANSFER ANY FINES COLLECTED PURSUANT TO THIS SECTION TO THE STATE TREASURER FOR DEPOSIT IN THE FUND. THE DIRECTOR, BY RULE, SHALL ESTABLISH A PROCESS FOR THE DETERMINATION, ASSESSMENT, AND APPEAL OF FINES UNDER THIS SUBSECTION. (8) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE OF A LOCAL GOVERNMENT THAT HAS ELECTED COVERAGE PURSUANT TO SECTION 8-13.3-414. 8-13.3-410. Coordination of benefits. (1)(a) LEAVE TAKEN
WITH WAGE REPLACEMENT UNDER THIS PART 4 THAT ALSO QUALIFIES AS LEAVE UNDER THE “FAMILY AND MEDICAL LEAVE ACT,” AS AMENDED, PUB. L. 103-3, CODIFIED AT 29 U.S.C. SEC. 2601 ET. SEQ., OR PART 2 OF ARTICLE 13.3 OF TITLE 8 RUNS CONCURRENTLY WITH LEAVE TAKEN UNDER THE “FAMILY AND MEDICAL LEAVE ACT” OR PART 2 OF ARTICLE 13.3 OF TITLE 8, AS APPLICABLE. (b) AN EMPLOYER MAY REQUIRE THAT PAYMENT MADE OR PAID FAMILY AND MEDICAL LEAVE TAKEN UNDER THIS PART 4 BE MADE OR TAKEN CONCURRENTLY OR OTHERWISE COORDINATED WITH PAYMENT MADE OR LEAVE ALLOWED UNDER THE TERMS OF A DISABILITY POLICY, INCLUDING A DISABILITY POLICY CONTAINED WITHIN AN EMPLOYMENT CONTRACT, OR A SEPARATE BANK OF TIME OFF SOLELY FOR THE PURPOSE OF PAID FAMILY AND MEDICAL LEAVE UNDER THIS PART 4, AS APPLICABLE. THE EMPLOYER SHALL GIVE ITS EMPLOYEES WRITTEN NOTICE OF THIS REQUIREMENT. (c) NOTWITHSTANDING SECTION 8-13.3-410 (1) (b), UNDER NO CIRCUMSTANCES SHALL AN EMPLOYEE BE REQUIRED TO USE OR EXHAUST ANY ACCRUED VACATION LEAVE, SICK LEAVE, OR OTHER PAID TIME OFF PRIOR TO OR WHILE RECEIVING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4. HOWEVER, AN EMPLOYEE AND AN EMPLOYER MAY MUTUALLY AGREE THAT THE EMPLOYEE MAY USE ANY ACCRUED VACATION LEAVE, SICK LEAVE, OR OTHER PAID TIME OFF WHILE RECEIVING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4, UNLESS THE AGGREGATE AMOUNT A COVERED INDIVIDUAL WOULD RECEIVE WOULD EXCEED THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAGE. NOTHING IN THIS SUBSECTION REQUIRES AN EMPLOYEE TO RECEIVE OR USE, OR AN EMPLOYER TO PROVIDE, ADDITIONAL PAID TIME OFF AS DESCRIBED IN THIS SUBSECTION.
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2020 Statewide Ballot Issues (2)(a) THIS PART 4 DOES NOT DIMINISH: (I) THE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE UNDER A COLLECTIVE BARGAINING AGREEMENT, EMPLOYER POLICY, OR EMPLOYMENT CONTRACT; (II) AN EMPLOYER’S OBLIGATION TO COMPLY WITH A COLLECTIVE BARGAINING AGREEMENT, EMPLOYER POLICY, OR EMPLOYMENT CONTRACT, AS APPLICABLE, THAT PROVIDES GREATER LEAVE THAN PROVIDED UNDER THIS PART 4; OR (III) ANY LAW THAT PROVIDES GREATER LEAVE THAN PROVIDED UNDER THIS PART 4. (b) AFTER THE EFFECTIVE DATE OF THIS PART 4, AN EMPLOYER POLICY ADOPTED OR RETAINED SHALL NOT DIMINISH AN EMPLOYEE’S RIGHT TO BENEFITS UNDER THIS PART 4. ANY AGREEMENT BY AN EMPLOYEE TO WAIVE THE EMPLOYEE’S RIGHTS UNDER THIS PART 4 IS VOID AS AGAINST PUBLIC POLICY. (3) THE DIRECTOR SHALL DETERMINE BY RULE THE INTERACTION OF BENEFITS OR COORDINATION OF LEAVE WHEN A COVERED INDIVIDUAL IS CONCURRENTLY ELIGIBLE FOR PAID FAMILY AND MEDICAL LEAVE AND BENEFITS UNDER THIS PART 4 WITH: (a) LEAVE PURSUANT TO SECTION 24-34-402.7; OR (b) WORKERS’ COMPENSATION BENEFITS UNDER ARTICLE 42 OF TITLE 8. 8-13.3-411. Notice. THE DIVISION SHALL DEVELOP A
PROGRAM NOTICE THAT DETAILS THE PROGRAM REQUIREMENTS, BENEFITS, CLAIMS PROCESS, PAYROLL DEDUCTION REQUIREMENTS, THE RIGHT TO JOB PROTECTION AND BENEFITS CONTINUATION UNDER SECTION 8-13.3-409, PROTECTION AGAINST RETALIATORY PERSONNEL ACTIONS OR OTHER DISCRIMINATION, AND OTHER PERTINENT PROGRAM INFORMATION. EACH EMPLOYER SHALL POST THE PROGRAM NOTICE IN A PROMINENT LOCATION IN THE WORKPLACE AND NOTIFY ITS EMPLOYEES OF THE PROGRAM, IN WRITING, UPON HIRING AND UPON LEARNING OF AN EMPLOYEE EXPERIENCING AN EVENT THAT TRIGGERS ELIGIBILITY PURSUANT TO SECTION 8-13.3-404. THE DIVISION SHALL PROVIDE THE INFORMATION REQUIRED BY THIS SECTION IN A MANNER THAT IS CULTURALLY COMPETENT AND LINGUISTICALLY APPROPRIATE.
8-13.3-412. Appeals. (1) THE DIRECTOR SHALL ESTAB-
LISH A SYSTEM FOR ADMINISTRATIVE REVIEW AND DETERMINATION OF CLAIMS, AND APPEAL OF SUCH DETERMINATIONS, INCLUDING DENIAL OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS. IN ESTABLISHING SUCH SYSTEM, THE DIRECTOR MAY UTILIZE ANY AND ALL PROCEDURES AND APPEALS MECHANISMS ESTABLISHED UNDER SECTIONS 8-4-111.5(5), 8-74-102, AND 8-74-103. (2) JUDICIAL REVIEW OF ANY DECISION WITH RESPECT TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS SECTION IS PERMITTED IN A COURT OF COMPETENT JURISDICTION AFTER A COVERED INDIVIDUAL AGGRIEVED THEREBY HAS EXHAUSTED ALL ADMINISTRATIVE REMEDIES ESTABLISHED BY THE DIRECTOR. IF A COVERED INDIVIDUAL FILES A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION TO ENFORCE A JUDGMENT MADE UNDER THIS SECTION, ANY FILING FEE UNDER ARTICLE 32 OF TITLE 13 SHALL BE WAIVED. 8-13.3-413. Erroneous payments and disqualification for benefits.
(1) A COVERED INDIVIDUAL IS DISQUALIFIED FROM FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS FOR ONE YEAR IF THE INDIVIDUAL IS DETERMINED BY THE DIRECTOR TO HAVE WILLFULLY MADE A FALSE STATEMENT OR MISREPRESENTATION REGARDING A MATERIAL FACT, OR WILLFULLY FAILED TO REPORT A MATERIAL FACT, TO OBTAIN BENEFITS UNDER THIS PART 4. (2) IF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAID ERRONEOUSLY OR AS A RESULT OF WILLFUL MISREPRESENTATION, OR IF A CLAIM FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS REJECTED AFTER BENEFITS
ARE PAID, THE DIVISION MAY SEEK REPAYMENT OF BENEFITS FROM THE RECIPIENT. THE DIRECTOR SHALL EXERCISE HIS OR HER DISCRETION TO WAIVE, IN WHOLE OR IN PART, THE AMOUNT OF ANY SUCH PAYMENTS WHERE THE RECOVERY WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE. 8-13.3-414. Elective coverage. (1) AN EMPLOYEE OF A LOCAL GOVERNMENT THAT HAS DECLINED PARTICIPATION IN THE PROGRAM PURSUANT TO SECTION 8-13.3-422 OR A SELF-EMPLOYED PERSON, INCLUDING AN INDEPENDENT CONTRACTOR, SOLE PROPRIETOR, PARTNER OR JOINT VENTURER, MAY ELECT COVERAGE UNDER THIS PART 4 FOR AN INITIAL PERIOD OF NOT LESS THAN THREE YEARS. THE SELF-EMPLOYED PERSON OR EMPLOYEE OF A LOCAL GOVERNMENT MUST FILE A NOTICE OF ELECTION IN WRITING WITH THE DIRECTOR, AS REQUIRED BY THE DIVISION. THE ELECTION BECOMES EFFECTIVE ON THE DATE OF FILING THE NOTICE. AS A CONDITION OF ELECTION, THE SELF-EMPLOYED PERSON OR EMPLOYEE OF A LOCAL GOVERNMENT MUST AGREE TO SUPPLY ANY INFORMATION CONCERNING INCOME THAT THE DIVISION DEEMS NECESSARY.
(2) A SELF-EMPLOYED PERSON OR AN EMPLOYEE OF A LOCAL GOVERNMENT WHO HAS ELECTED COVERAGE MAY WITHDRAW FROM COVERAGE WITHIN 30 DAYS AFTER THE END OF THE THREE-YEAR PERIOD OF COVERAGE, OR AT SUCH OTHER TIMES AS THE DIRECTOR MAY PRESCRIBE BY RULE, BY FILING WRITTEN NOTICE WITH THE DIRECTOR, SUCH WITHDRAWAL TO TAKE EFFECT NOT SOONER THAN 30 DAYS AFTER FILING THE NOTICE. 8-13.3-415. Reimbursement of advance payments. (1) EXCEPT AS PROVIDED IN SECTION 8-13.3-415 (2), IF AN EMPLOYER HAS MADE ADVANCE PAYMENTS TO AN EMPLOYEE THAT ARE EQUAL TO OR GREATER THAN THE AMOUNT REQUIRED UNDER THIS PART 4, DURING ANY PERIOD OF PAID FAMILY AND MEDICAL LEAVE FOR WHICH SUCH EMPLOYEE IS ENTITLED TO THE BENEFITS PROVIDED BY THIS PART 4, THE EMPLOYER IS ENTITLED TO BE REIMBURSED BY THE FUND OUT OF ANY BENEFITS DUE OR TO BECOME DUE FOR THE EXISTING PAID FAMILY AND MEDICAL LEAVE, IF THE CLAIM FOR REIMBURSEMENT IS FILED WITH THE FUND PRIOR TO THE FUND’S PAYMENT OF THE BENEFITS TO THE EMPLOYEE.
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TION REQUIRED FROM A HEALTH CARE PROVIDER FOR PROOF OF A SERIOUS HEALTH CONDITION AND ANY DOCUMENTATION REQUIRED BY THE DIVISION WITH REGARDS TO A CLAIM FOR SAFE LEAVE. (3) THE DIVISION SHALL NOTIFY THE EMPLOYER WITHIN FIVE BUSINESS DAYS OF A CLAIM BEING FILED PURSUANT TO THIS PART 4. (4) THE DIVISION SHALL USE INFORMATION SHARING AND INTEGRATION TECHNOLOGY TO FACILITATE THE DISCLOSURE OF RELEVANT INFORMATION OR RECORDS SO LONG AS AN INDIVIDUAL CONSENTS TO THE DISCLOSURE AS REQUIRED UNDER STATE LAW. (5) INFORMATION CONTAINED IN THE FILES AND RECORDS PERTAINING TO AN INDIVIDUAL UNDER THIS PART 4 ARE CONFIDENTIAL AND NOT OPEN TO PUBLIC INSPECTION, OTHER THAN TO PUBLIC EMPLOYEES IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. HOWEVER, THE INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF AN INDIVIDUAL MAY REVIEW THE RECORDS OR RECEIVE SPECIFIC INFORMATION FROM THE RECORDS UPON THE PRESENTATION OF THE INDIVIDUAL’S SIGNED AUTHORIZATION. (6) THE DIRECTOR SHALL ADOPT RULES AS NECESSARY OR AS SPECIFIED IN THIS PART 4 TO IMPLEMENT AND ADMINISTER THIS PART 4. THE DIRECTOR SHALL ADOPT RULES INCLUDING, BUT NOT LIMITED TO: (a) CONFIDENTIALITY OF INFORMATION RELATED TO CLAIMS FILED OR APPEALS TAKEN; (b) GUIDANCE ON THE FACTORS USED TO DETERMINE WHETHER AN INDIVIDUAL IS A COVERED INDIVIDUAL’S FAMILY MEMBER; (c) THE FORM AND MANNER OF FILING CLAIMS FOR BENEFITS AND PROVIDING RELATED DOCUMENTATION PURSUANT TO SECTION 8-13.3-416 (2); AND (d) THE FORM AND MANNER OF SUBMITTING AN APPLICATION WITH A CLAIM FOR BENEFITS TO THE DIVISION OR TO THE ENTITY THAT ISSUED A PRIVATE PLAN APPROVED PURSUANT TO SECTION 8-13.3-421. (7) INITIAL RULES AND REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS PART 4 SHALL BE ADOPTED BY THE DIRECTOR AND PROMULGATED BY JANUARY 1, 2022.
(2) IF AN EMPLOYER THAT PROVIDES FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS THROUGH A PRIVATE PLAN APPROVED PURSUANT TO SECTION 8-13.3-421 MAKES ADVANCE PAYMENTS TO AN EMPLOYEE THAT ARE EQUAL TO OR GREATER THAN THE AMOUNT REQUIRED UNDER THIS PART 4, DURING ANY PERIOD OF PAID FAMILY AND MEDICAL LEAVE FOR WHICH SUCH EMPLOYEE IS ENTITLED TO THE BENEFITS PROVIDED BY THIS PART 4, THE ENTITY THAT ISSUED THE PRIVATE PLAN SHALL REIMBURSE THE EMPLOYER OUT OF ANY BENEFITS DUE OR TO BECOME DUE FOR THE EXISTING PAID FAMILY AND MEDICAL LEAVE, IF THE CLAIM FOR REIMBURSEMENT IS FILED WITH THE ENTITY THAT ISSUED THE PRIVATE PLAN PRIOR TO THE PRIVATE PLAN’S PAYMENT OF THE BENEFITS UNDER THE PRIVATE PLAN TO THE EMPLOYEE.
8-13.3-417. Income Tax. (1) IF THE INTERNAL REVENUE
(3) THE DIRECTOR, BY RULE, SHALL ESTABLISH A PROCESS FOR REIMBURSEMENTS UNDER THIS SECTION.
(3) THE DIRECTOR, IN CONSULTATION WITH THE DEPARTMENT OF REVENUE, SHALL ISSUE RULES REGARDING TAX TREATMENT AND RELATED PROCEDURES REGARDING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, AS WELL AS THE SHARING OF NECESSARY INFORMATION BETWEEN THE DIVISION AND THE DEPARTMENT OF REVENUE.
8-13.3-416. Family and medical leave insurance program. (1) BY JANUARY 1, 2023, THE DIVISION SHALL ESTABLISH AND ADMINISTER A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM AND BEGIN COLLECTING PREMIUMS AS SPECIFIED IN THIS PART 4. BY JANUARY 1, 2024, THE DIVISION SHALL START RECEIVING CLAIMS FROM AND PAYING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS TO COVERED INDIVIDUALS.
(2) THE DIVISION SHALL ESTABLISH REASONABLE PROCEDURES AND FORMS FOR FILING CLAIMS FOR BENEFITS UNDER THIS PART 4 AND SHALL SPECIFY WHAT SUPPORTING DOCUMENTATION IS NECESSARY TO SUPPORT A CLAIM FOR BENEFITS, INCLUDING ANY DOCUMENTA-
SERVICE DETERMINES THAT FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4 ARE SUBJECT TO FEDERAL INCOME TAX, THE DIVISION OR A PRIVATE PLAN APPROVED UNDER SECTION 8-13.3-421 SHALL INFORM AN INDIVIDUAL FILING A NEW CLAIM FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, AT THE TIME OF FILING SUCH CLAIM, THAT: (a) THE INTERNAL REVENUE SERVICE HAS DETERMINED THAT BENEFITS ARE SUBJECT TO FEDERAL INCOME TAX; AND (b) REQUIREMENTS EXIST PERTAINING TO ESTIMATED TAX PAYMENTS. (2) BENEFITS RECEIVED PURSUANT TO THIS PART 4 ARE NOT SUBJECT TO STATE INCOME TAX.
8-13.3-418. Family and medical leave insurance fund – establishment and investment. (1) THERE IS HEREBY CREATED IN
THE STATE TREASURY THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. THE FUND CONSISTS OF PREMIUMS PAID PURSUANT TO SECTION 8-13.3-407 AND REVENUES FROM REVENUE BONDS ISSUED IN ACCORDANCE WITH SECTION 8-13.3-408(2)(d). MONEY IN THE FUND MAY BE USED ONLY TO PAY REVENUE BONDS; TO REIMBURSE EMPLOYERS WHO PAY FAMILY AND MED-
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2020 Statewide Ballot Issues ICAL LEAVE INSURANCE BENEFITS DIRECTLY TO EMPLOYEES IN ACCORDANCE WITH SECTION 8-13.3-415(1); AND TO PAY BENEFITS UNDER, AND TO ADMINISTER, THE PROGRAM PURSUANT TO THIS PART 4, INCLUDING TECHNOLOGY COSTS TO ADMINISTER THE PROGRAM AND OUTREACH SERVICES DEVELOPED UNDER SECTION 8-13.3420. INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE FUND REMAINS IN THE FUND. ANY MONEY REMAINING IN THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND. STATE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE PURPOSE OF THIS SECTION. THE GENERAL ASSEMBLY SHALL NOT APPROPRIATE MONEY FROM THE FUND FOR THE GENERAL EXPENSES OF THE STATE. (2) THE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, AND DONATIONS, INCLUDING PROGRAM-RELATED INVESTMENTS AND COMMUNITY REINVESTMENT FUNDS, TO FINANCE THE COSTS OF ESTABLISHING AND IMPLEMENTING THE PROGRAM. 8-13.3-419. Reports. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BEGINNING JANUARY 1, 2025, THE DIVISION SHALL SUBMIT A REPORT TO THE LEGISLATURE BY APRIL 1 OF EACH YEAR THAT INCLUDES, BUT IS NOT LIMITED TO, PROJECTED AND ACTUAL PROGRAM PARTICIPATION BY SECTION 8-13.3-404(2) PURPOSE, GENDER OF BENEFICIARY, AVERAGE WEEKLY WAGE OF BENEFICIARY, OTHER DEMOGRAPHICS OF BENEFICIARY AS DETERMINED BY THE DIVISION, PREMIUM RATES, FUND BALANCES, OUTREACH EFFORTS, AND, FOR LEAVES TAKEN UNDER SECTION 8-13.3- 404(2)(b), FAMILY MEMBERS FOR WHOM LEAVE WAS TAKEN TO PROVIDE CARE. 8-13.3-420. Public education. BY JULY 1, 2022, AND FOR AS LONG AS THE PROGRAM CONTINUES, THE DIVISION SHALL DEVELOP AND IMPLEMENT OUTREACH SERVICES TO EDUCATE THE PUBLIC ABOUT THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM AND AVAILABILITY OF PAID FAMILY AND MEDICAL LEAVE AND BENEFITS UNDER THIS PART 4 FOR COVERED INDIVIDUALS. THE DIVISION SHALL PROVIDE THE INFORMATION REQUIRED BY THIS SECTION IN A MANNER THAT IS CULTURALLY COMPETENT AND LINGUISTICALLY APPROPRIATE. THE DIVISION MAY, ON ITS OWN OR THROUGH A CONTRACT WITH AN OUTSIDE VENDOR, USE A PORTION OF THE MONEY IN THE FUND TO DEVELOP, IMPLEMENT, AND ADMINISTER OUTREACH SERVICES. 8-13.3-421. Substitution of private plans. (1) EMPLOYERS MAY APPLY TO THE DIVISION FOR APPROVAL TO MEET THEIR OBLIGATIONS UNDER THIS PART 4 THROUGH A PRIVATE PLAN. IN ORDER TO BE APPROVED, A PRIVATE PLAN MUST CONFER ALL OF THE SAME RIGHTS, PROTECTIONS AND BENEFITS PROVIDED TO EMPLOYEES UNDER THIS PART 4, INCLUDING, BUT NOT LIMITED TO:
(a) ALLOWING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS TO BE TAKEN FOR ALL PURPOSES SPECIFIED IN SECTION 8-13.3-404(2); (b) PROVIDING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS TO A COVERED INDIVIDUAL FOR ANY OF THE PURPOSES, INCLUDING MULTIPLE PURPOSES IN THE AGGREGATE, AS SET FORTH IN SECTION 8-13.3-404(2), FOR THE MAXIMUM NUMBER OF WEEKS REQUIRED IN SECTION 8-13.3-405(1) IN A BENEFIT YEAR; (c) ALLOWING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER SECTION 8-13.3404(2)(b) TO BE TAKEN TO CARE FOR ANY FAMILY MEMBER; (d) ALLOWING FAMILY AND MEDICAL LEAVE IN-
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SURANCE BENEFITS UNDER SECTION 8-13.3404(2)(c) TO BE TAKEN BY A COVERED INDIVIDUAL WITH ANY SERIOUS HEALTH CONDITION;
APPROVED UNDER THIS SECTION SHALL RETAIN ALL APPLICABLE RIGHTS UNDER SECTION 8-13.3-409.
(e) ALLOWING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER SECTION 8-13.3404(2)(e) TO BE TAKEN FOR ANY SAFE LEAVE PURPOSES;
(5) A CONTESTED DETERMINATION OR DENIAL OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS BY A PRIVATE PLAN IS SUBJECT TO APPEAL BEFORE THE DIVISION AND ANY COURT OF COMPETENT JURISDICTION AS PROVIDED BY SECTION 8-13.3-412.
(f) PROVIDING A WAGE REPLACEMENT RATE FOR ALL FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS OF AT LEAST THE AMOUNT REQUIRED BY SECTION 8-13.3-406(1)(a); (g) PROVIDING A MAXIMUM WEEKLY BENEFIT FOR ALL FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS OF AT LEAST THE AMOUNT SPECIFIED IN SECTION 8-13.3-406(1)(b); (h) ALLOWING A COVERED INDIVIDUAL TO TAKE INTERMITTENT LEAVE AS AUTHORIZED BY SECTION 8-13.3-405(3); (i) IMPOSING NO ADDITIONAL CONDITIONS OR RESTRICTIONS ON FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, OR PAID FAMILY AND MEDICAL LEAVE TAKEN IN CONNECTION THEREWITH, BEYOND THOSE EXPLICITLY AUTHORIZED BY THIS PART 4 OR REGULATIONS ISSUED PURSUANT TO THIS PART 4; (j) ALLOWING ANY EMPLOYEE COVERED UNDER THE PRIVATE PLAN WHO IS ELIGIBLE FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 4 TO RECEIVE BENEFITS AND TAKE PAID FAMILY AND MEDICAL LEAVE UNDER THE PRIVATE PLAN; AND (k) PROVIDING THAT THE COST TO EMPLOYEES COVERED BY A PRIVATE PLAN SHALL NOT BE GREATER THAN THE COST CHARGED TO EMPLOYEES UNDER THE STATE PLAN UNDER SECTION 8-13.3-407. (2) IN ORDER TO BE APPROVED AS MEETING AN EMPLOYER’S OBLIGATIONS UNDER THIS PART 4, A PRIVATE PLAN MUST ALSO COMPLY WITH THE FOLLOWING PROVISIONS: (a) IF THE PRIVATE PLAN IS IN THE FORM OF SELF-INSURANCE, THE EMPLOYER MUST FURNISH A BOND TO THE STATE, WITH SOME SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THE STATE, IN THE FORM, AMOUNT, AND MANNER REQUIRED BY THE DIVISION; (b) THE PLAN MUST PROVIDE FOR ALL ELIGIBLE EMPLOYEES THROUGHOUT THEIR PERIOD OF EMPLOYMENT; AND (c) IF THE PLAN IS IN THE FORM OF A THIRD PARTY THAT PROVIDES FOR INSURANCE, THE FORMS OF THE POLICY MUST BE ISSUED BY AN INSURER APPROVED BY THE STATE. (3) THE DIVISION SHALL WITHDRAW APPROVAL FOR A PRIVATE PLAN GRANTED UNDER SECTION 8-13.3-421(1) WHEN TERMS OR CONDITIONS OF THE PLAN HAVE BEEN VIOLATED. CAUSES FOR PLAN TERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (a) FAILURE TO PAY BENEFITS; (b) FAILURE TO PAY BENEFITS TIMELY AND IN A MANNER CONSISTENT WITH THIS PART 4;
(6) THE DIRECTOR, BY RULE, SHALL ESTABLISH A FINE STRUCTURE FOR EMPLOYERS AND ENTITIES OFFERING PRIVATE PLANS THAT VIOLATE THIS SECTION, WITH A MAXIMUM FINE OF $500 PER VIOLATION. THE DIRECTOR SHALL TRANSFER ANY FINES COLLECTED PURSUANT TO THIS SUBSECTION TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND. THE DIRECTOR, BY RULE, SHALL ESTABLISH A PROCESS FOR THE DETERMINATION, ASSESSMENT, AND APPEAL OF FINES UNDER THIS SUBSECTION. (7) THE DIRECTOR SHALL ANNUALLY DETERMINE THE TOTAL AMOUNT EXPENDED BY THE DIVISION FOR COSTS ARISING OUT OF THE ADMINISTRATION OF PRIVATE PLANS. EACH ENTITY OFFERING A PRIVATE PLAN PURSUANT TO THIS SECTION SHALL REIMBURSE THE DIVISION FOR THE COSTS ARISING OUT OF THE PRIVATE PLANS IN THE AMOUNT, FORM, AND MANNER DETERMINED BY THE DIRECTOR BY RULE. THE DIRECTOR SHALL TRANSFER PAYMENTS RECEIVED PURSUANT TO THIS SECTION TO THE STATE TREASURY FOR DEPOSIT IN THE FUND. 8-13.3-422. Local government employers’ ability to decline participation in program - rules. (1) A LOCAL GOVERNMENT
MAY DECLINE PARTICIPATION IN THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR BY RULE.
(2) AN EMPLOYEE OF A LOCAL GOVERNMENT THAT HAS DECLINED PARTICIPATION IN THE PROGRAM IN ACCORDANCE WITH THIS SECTION MAY ELECT COVERAGE AS SPECIFIED IN SECTION 8-13.3-414. (3) THE DIRECTOR SHALL PROMULGATE REASONABLE RULES FOR THE IMPLEMENTATION OF THIS SECTION. AT A MINIMUM, THE RULES MUST INCLUDE: (a) THE PROCESS BY WHICH A LOCAL GOVERNMENT MAY DECLINE PARTICIPATION IN THE PROGRAM; (b) THE PROCESS BY WHICH A LOCAL GOVERNMENT THAT HAS PREVIOUSLY DECLINED PARTICIPATION IN THE PROGRAM MAY SUBSEQUENTLY ELECT COVERAGE IN THE PROGRAM; AND (c) THE NOTICE THAT A LOCAL GOVERNMENT IS REQUIRED TO PROVIDE ITS EMPLOYEES REGARDING WHETHER THE LOCAL GOVERNMENT IS PARTICIPATING IN THE PROGRAM, THE ABILITY OF THE EMPLOYEES OF A LOCAL GOVERNMENT THAT HAS DECLINED PARTICIPATION TO ELECT COVERAGE PURSUANT TO SECTION 8-13.3-414, AND ANY OTHER NECESSARY REQUIREMENTS.
(d) MISUSE OF PRIVATE PLAN MONEY;
8-13.3-423. Severability. IF ANY PROVISION OF THIS PART 4 OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF PART 4 OR THE APPLICATION OF THE PROVISION TO OTHER PERSONS OR CIRCUMSTANCES IS NOT AFFECTED.
(e) FAILURE TO SUBMIT REPORTS OR COMPLY WITH OTHER COMPLIANCE REQUIREMENTS AS REQUIRED BY THE DIRECTOR BY RULE; OR
8-13.3-424. Effective date. THIS PART 4 TAKES EFFECT UPON OFFICIAL DECLARATION OF THE GOVERNOR AND IS SELF-EXECUTING.
(c) FAILURE TO MAINTAIN AN ADEQUATE SURETY BOND UNDER SECTION 8-13.3-421(2)(a);
(f) FAILURE TO COMPLY WITH THIS PART 4 OR THE REGULATIONS PROMULGATED PURSUANT TO THIS PART 4. (4) AN EMPLOYEE COVERED BY A PRIVATE PLAN
Be safe. Stay Strong.
PAGE 14 | THE VILLAGER • October 15, 2020
Today’s global warming is caused by man
The October 8, 2020 Villager Opinion piece written by Brian Joondeph would have you believe that climate change and our weather is not being affected today by human activities because our climate and weather is and has always been changing. Yes,
prior to man’s presence on Earth there were periods of warming and cooling on our planet. The extremes in these climate variations were the principle causes of five mass extinctions that occurred over thousands of years on our planet starting around 450 millions of years ago and ending over 50 million years ago. Many scientists
fear we are presently witnessing a sixth mass extinction. These prehistoric climate changes were the result, just as in today, of varying carbon concentrations (principally CO2) in the atmosphere; the result of massive releases of volcanic gases, an asteroid impact and abundant plant growth (which captured CO2), among other things. As the atmosphere warmed, temperatures soared, and as the atmosphere cooled, glaciers expanded. Sea levels rose and fell accordingly.
Cory Gardner for Senate 1. A fighter for Colorado * Helping our veterans * Protecting our public lands * Helping to relieve student loan debt * Growing the economy * Protecting community safety 2. The 3rd most bipartisan Senator 3. The most effective member of the Colorado delegation. Since 2015, Cory Gardner had eight bills signed into law, more than the current Colorado delegation combined.
“Everything that I do, I try to make sure it includes everybody from both sides of the aisle” – Cory Gardner Paid for by Colorado Chinese Americans
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These prehistoric climate change episodes are a warning to us of what can happen if we continue to exploit our planets carbon-rich resources, namely fossil fuels. What Brian Joondeph failed to mention was that today’s global warming is being caused by man’s activities which, since the beginning of the industrial revolution, have increased CO2 concentrations in our atmosphere by nearly fifty percent (to levels not seen on our planet for millions of years). The causes of this atmospheric carbon are principally the combustion of fossil fuels (coal, oil and natural gas), intensive agriculture, cutting down of forests, and other heat induced feedback loops such as forest fires, reduced ice surface (which reflects the sun’s rays better than ocean or land), and arctic permafrost melting (where millions of tons of methane is presently stored, a very potent green-house gas). So Brian Joondepth’s admonitions that this is “beyond human control or influence” and that we should “just enjoy the changing weather and fall colors for
soon enough snow will fly” are just wrong and serve only to provide a temporary ointment to those who, for whatever reasons, don’t want to understand and believe fundamental climate science. To the contrary, what we must be doing now is to revitalize our economy through investment in renewable energy, reconfigure our food production and distribution systems to improve their sustainability, preserve and expand our forests, protect key natural habitats and fish populations, and most importantly, elect leaders that support these and other actions that reduce carbon emissions and fuel an equitable economy. Now is no time to sit back and be complacent because the weather is fine today. If we are to save our planet for our grandkids and their kids we must act now as we already have too much carbon in our atmosphere and what we do today will significantly affect the lives of people on this planet in the decades and centuries to come. Bob Doyle Greenwood Village Resident
Yes vote on 4A and 4B
to support a ballot initiative to increase revenue and avoid having to lay off hundreds of teachers and staff. It is up to us to preserve excellence for Cherry Creek Schools. Ballot issue 4A will raise $35 million in operational revenues to allow us to provide safe and supportive classrooms with excellent teachers, and nurses and mental health supports in every school. Revenue would be collected at $1.65 per month for every $100K of actual home value, a small price to pay for this critical investment. Without imposing any new taxes, ballot issue 4B will allow CCSD to incur $150 million in debt. The majority of the bond proceeds will be used for major maintenance and a new elementary school in southeast Aurora to alleviate overcrowding. In addition, $38 million will be spent on safety and security and technology infrastructure upgrades to all school buildings. To further support the mental health needs of students, $7 million is earmarked to partner with private providers to build a day treatment center, which will help alleviate some of the strain on current resources and allow students to continue with classes while being treated. Details on both 4A (budget) and 4B (no-tax bond) can be found at www.CitizensforCherry CreekSchools.com. A yes vote on 4A and 4B will allow CCSD to continue operating at the level of excellence that our community, including 55,000 students and 8,000 staff members, expects and deserves. Karen Fisher President, Cherry Creek Schools Board of Education Co-Chair, Citizens for Cherry Creek Schools
A good bill corrupted
TABOR which requires limitations on spending. On page 25 of the Ballot Information Booklet in the last short sentence it states “THE NEW REVENUE IS EXEMPT FROM CONSTITUTIONAL SPENDING LIMITS”! This revenue can be raised and spent in violation of the intent of Colorado’s Constitution. A good bill corrupted! VOTE NO ON PROPOSITION EE. Don’t let Colorado become a bankrupt California or Illinois! Don Oatley, CPA (Retired) Centennial Colorado
For 70 years, Cherry Creek Schools has delivered on its promise of excellence for every student. This year, as we face unprecedented challenges and changes tied to a global pandemic, one thing remains the same – Cherry Creek excellence. However, chronic underfunding by the state of Colorado and new long-term costs associated with the pandemic are threatening Cherry Creek excellence. Over the past decade, Cherry Creek Schools has been shorted a half billion dollars by the state of Colorado. With a new $25 million cut from the state this year, the district now faces a budget deficit of $60 million over the next two years. Cherry Creek Schools will have to make catastrophic cuts to teachers and staff to fill that hole, causing larger class sizes and reducing programming in schools. The district is a good steward of taxpayer dollars, and has already initiated budget cuts for the 2020-21 school year. The district has reduced administrative staffing by $14 million dollars and negotiated six furlough days for administrators and five for teachers. Superintendent Scott Siegfried engaged the community and a volunteer Budget Task Force in conversations and digital surveys to identify more cuts and new revenue sources. The district collaborated with the teachers’ union on developing recommendations to address the budget crisis and designing a plan to ensure the health and safety of students when they returned to in-person learning this year. The overwhelming recommendation was to ask the CCSD community Proposition EE was placed on the Ballot by the Colorado Legislature per the 2020 State Ballot Information Booklet. Colorado is totally controlled by one Party. Our Governor, State Senate and Legislature control most proposals. The purpose of Proposal EE is valid as it’s intent is to reduce the use of nicotine products and the associated addiction by raising taxes on these products. The funds are to be used primarily for education, a worthy purpose, however our State Government has once again tried to go around
Continued on page15
Be safe. Stay Strong.
October 15, 2020 • THE VILLAGER | PAGE 15
Continued from page 14
Letter to the Editor: Why Say Yes to 4C
How much is a child’s life, future, hopes and dreams worth? The obvious answer is “priceless,” yet some may hesitate to vote yes for ballot measure 4C, a mill levy override to support Littleton Public Schools. As a mental health professional at Options High School, one of multiple alternative programs on the proposed “chopping block” if 4C doesn’t pass, and as an LPS parent, I urge you to support 4C -- for the sake of our community’s children, as well as our collective future. At risk for dropping out, Options students come with various challenges, ranging from significant histories of trauma, mental health struggles, and suicidal ideation, to being bullied, having different learning styles, and feeling lost in the larger schools. At Options, students tell us time and again, they finally feel seen, accepted, loved, and hopeful for the future. Day by day, through the special relationships and unique educational opportunities available to them, Options students learn they have the strength, skills and abilities to strive for a brighter future. Through alternative education, they build resiliency skills to become valuable contributing members of society. Without the passage of 4C, Options and other alternative programs within LPS may be eliminated, and funding may be cut district-wide for safety, security and social/emotional services. Without these programs and services, we could see a high school dropout crisis in LPS, as well as a youth mental health crisis. Those who don’t complete high school
are more likely to be unemployed or underemployed, have poorer physical and mental health, and are at higher risk for homelessness, addiction and incarceration. The cost of these outcomes far outweighs the monetary request of voters, and even more devastating would be the loss of hope by these children. Our alternative students have beautiful gifts to offer our community; please give them that chance by voting yes for 4C. Erica Hermann Littleton
Wait, we can lower taxes? A yes vote on 116 is a no brainer I’m just giddy thinking about tax decreases. With all the political negativity from the local level up to 1600 Pennsylvania Avenue, there’s nothing that brings people together more than money. And finding ways for us to keep more of it. That’s exactly what Proposition 116 does. As easily stated on the ballot, the question is: “Shall there be a change to the Colorado Revised Statutes reducing the state income tax rate from 4.63% to 4.55%?” And our votes should be a resounding YES. What does it mean for us? A few bucks back in our pockets for sure. But it sends a signal to businesses on the fence about relocating to Colorado that, “hey, we’re open and ready to have you”. It means more investment in our communities as we keep more of OUR money and spend it in our communities. This generates revenue for small businesses. Which means creating more jobs. Which means more taxes back to our communities. That’s probably why Governor Polis
endorsed and supported Proposition 116. How about that -- in 2020, we have a bi-partisan initiative! And one of my favorite things -there’s no better way for us to keep state government in check than by denying it more money. Politicians have shown when they have more access to our money, they spend it frivolously. This keeps our elected officials more honest, and more responsible when passing annual budgets. A no-brainer vote; mark “YES” for cutting taxes in November. Vote yes on 116. Stephen Collier Highlands Ranch
Open Letter to City Council Members “My retirement is a result of you”
It is with great sadness that I inform you of my retirement after 25 years in law enforcement. I spent the past 20 years in Aurora and it was a pleasure to do so, until this year. I can honestly say that my retirement is a result of you. I am disheartened by your lack of respect for the occupation that I’ve revered for so long. The double standards between us and you is a difficult pill to swallow. You hold us, the officers, to a higher standard than you do yourselves. This despite you taking the same oath as us. We are a country of laws, which keeps us civilized and it’s your job to make, amend or even rescind them and it’s our job to enforce them. Your true oath, is to defend the constitution of the United States, not your personal agenda. As a long-time officer, who has never had a use of force, except for the occasional fist fight, I can tell you that WE are not racist and I take offense to that. I can’t believe that Race is the topic. You all know the real facts of the legal contacts
made by the police and the percentage of shootings relative to race and it’s nothing like what you tell the media or the community. You like the media to have an Agenda and it’s not based on facts. I am very disappointed in Angela Lawson and her stance on these issues. She actually came out and rode with me numerous times. During those rides we discussed race and even discussed racial profiling. As we rode around I would ask her to identify the drivers/ occupants of the vehicle that passed us and she said she couldn’t identify them. I proved to her that traffic stops are made based on violations of the traffic code or criminal statutes and not race. I’m sickened by the media and your short memories about the good things that we did and continue to do despite race. I was in charge of the Shop-with-aCop events that we held 2 times a year for the past 5 years. We took underprivileged children from Aurora and shopped with them. We spent a lot of time on these programs and in excess of $20,000 per event and not once was it televised by the media as a feel-good story, despite the races of the children we helped. So, it must be tragedy for it to be told by the City Leaders or the Media, who are quick to discuss and pass judgement on a legitimate Use of Force without the facts and make it controversial. I think you all should come ride with the Police and walk a mile in their shoes before you pass judgement. POLICING IS UGLY. People don’t want to go to jail, but sometimes that is the only way they learn or more so the only way to keep the rest of society safe. Not everyone who goes to jail is a bad person. Sometimes they just make bad decisions. That is the truth about a cop as well. They are not all bad, but sometimes they make a bad decision.
You all need to quit passing judgement on the people in blue as a whole and address individuals. Just as some of you are bad people we don’t pass judgement on all of you because of your position. In 1999, I was shot in the chest on a traffic stop only weeks out of FTO. I didn’t deserve it, but I sure did learn from it. I learned that not everyone in society is a good person and they are intent on achieving their goals, despite intervention by an Officer. Your lack of support and blatant disregard and respect for the police is going to foster more excessive Uses of Force, because you are teaching society the same attitudes, a “blatant disregard and respect for the police”. The best advice you can give members of the community is comply with the officer until the contact is over. If it’s believed to be an illegal contact, then file a complaint and have it investigated. You folks can then pass judgment after getting all the facts. Teaching people to argue, make furtive movements etc., only results in someone getting hurt. REMEMBER THERE ARE TWO SIDES TO EVERY STORY. Everyone always tells their side to shine the best light on themselves, but it is not always the truth. I can only pray that your mom, dad, significant other or anyone else you care about don’t become victimized by these bad people who are intent on committing their crimes. The ones you are empowering. Unfortunately, the consequence to this is you are breeding cops now who will be reluctant to respond to these in-progress calls for service to deal with these criminals. They will be in fear of helping someone at their own peril. Why would they do that, would you? I also pray you never again are faced with an active shooter, like the theater, Continued on page 24
Vote Trump “We have fled socialism” – Colorado Chinese Americans
* Strong Economy * More Jobs * Small Government * Law & Order * Lower Taxes * Border Security Paid for by Colorado Chinese Americans
PAGE 16 | THE VILLAGER • October 15, 2020
October 15, 2020 • THE VILLAGER | PAGE 17
October 15, 2020 Be • THE VILLAGER PAGE 25 safe. Stay|Strong.
PAGE 18 | Stay THE VILLAGER • October 15, 2020 Be safe. Strong.
Cherry Creek Schools
Cherry Creek Schools Cherry Creek Schools Cherry Creek Schools •
• •
•
WHAT BALLOT MEASURES 4A & B4A would DO: WHAT BALLOT MEASURES & B would DO: • Retain our excellent teachers4A & B would DO: WHAT BALLOT MEASURES • Retain our excellent teachers
• Keep a nurse and mental health staff in every school •• Retain excellent teachers Keep our aaccess nurse mentalforhealth staff in every school • Provide toand technology distance instruction •• Keep a nurse and mental health stafffor in every schoolinstruction Provide access distance • Prioritize the safety to andtechnology security of our students • Provide access to technology for distance instruction •• Keep our community andand economy strong Prioritize the safety security of our students the safety teachers and security of our students Retain• Prioritize our excellent
AT BALLOT MEASURES 4A & B would DO: • Keep our community and economy strong
Keep community and economy strong YES• on 4A&Bour 4 Excellent Teachers • 4 Safe Schools • 4 Innovative Learning • 4 All!
Keep a nurse and mental health staff in every school Paid for by Citizens for Cherry Creek Schools, William Fisher, Registered Agent
YES on 4A4A && B 4BExcellent Teachers • 4 Safe•Schools • 4 Innovative Learning • 4 All! Provide to technology for distance YES onaccess 4 Excellent Teachers 4 Safe Schools • instruction 4 Innovative Learning Paid for by Citizens for Cherry Creek Schools, William Fisher, Registered Agent Prioritize the safety and security of our students Paid for by Citizens for Cherry Creek Schools, William Fisher, Registered Agent
Be safe. Stay Strong.
October 15, 2020 • THE VILLAGER | PAGE 19
Be safe. Stay Strong.
PAGE 20 | THE VILLAGER • October 15, 2020
We Endorse 'No' Weon Endorse 'No' Prop 113
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WWW. PROTECTCOLORADOSVOTE.ORG Paid for by Protect Colorado's Vote Issue Committee. Rose Pugliese, Registered Agent.
on Prop 113
Action 22 Alamosa County Chamber of Commerce Parker Area Chamber of Commerce American Development Action 22 Council of Engineering Companies of Colorado Douglas County Chamber and Economic Northwest Alamosa County Chamber of Commerce Americans for Prosperity Northern Colorado Legislative Alliance American Council of Engineering Companies of Associated GeneralEconomic Contractors of Colorado Northern Colorado Alliance Colorado Building Jobs 4 Colorado Rocky Mountain Chapter Americans for Prosperity Castle Rock Chamber of Commerce National Electrical Contractors Assoc., Associated General Contractors of Colorado Castle Rock Economic National Certified PipeDevelopment Welding Bureau Building Jobs 4Economic Colorado Development Corporation Centennial Institute Metro Denver Castle Club 20Rock Chamber of Commerce Colorado Castle Rock Economic Colorado Association ofDevelopment Mechanical & Plumbing Mechanical Service Contractors Association of Centennial ContractorsInstitute Mechanical Contractors Association of Colorado Colorado of Wheat Growers Club 20 Association Loveland Chamber of Commerce Colorado Business Roundtable Independence Institute Association of Mechanical & Plumbing Cattlemen's Association Colorado Greeley Chamber of Commerce Contractors Colorado Concern Greater Pueblo Chamber of Commerce Colorado Association of Wheat Growers Colorado Contractors Association Grand Junction Area Chamber of Colorado Business Roundtable Commerce Colorado Corn Growers Association Fruita Chamber of Commerce Cattlemen's Association Colorado Colorado Dairy Farmers Fort Collins Chamber of Commerce Colorado Concern Colorado Farm Bureau Douglas County Business Alliance Colorado Contractors Association Colorado Mining Association Denver Metro Chamber of Commerce Colorado Corn Growers Association Colorado Springs Chamber & EDC Construction Industry Coalition Colorado Farmers Association Colorado Dairy Pork Producers Wool Growers Association Colorado Union Farm Bureau Real Estate Alliance Colorado of Taxpayers Colorado Mining Association Rising State Action Association Colorado Telecommunications Colorado SpringsState Chamber & EDC Telecommunications Association Colorado Rising Action Pork Estate Producers Association Colorado Union of Taxpayers Real Alliance Real Estate Alliance Wool Growers Association Colorado Pork Producers Association Industry Coalition Construction Colorado Springs Chamber & EDC Rising State Action Denver Metro Chamber of Commerce Colorado Mining Association Telecommunications Association Douglas County Business Alliance Colorado Farm Colorado UnionBureau of Taxpayers Fort Collins Chamber of Association Commerce Colorado Dairy Farmers Colorado Wool Growers Fruita Chamber of Commerce Colorado CornIndustry GrowersCoalition Association Construction Grand Junction Area Chamber of Commerce Colorado Contractors Association Denver Metro Chamber of Commerce Greater Pueblo Chamber of Commerce Colorado Concern Douglas County Business Alliance Greeley Chamber of Commerce Colorado Cattlemen's Association Fort Collins Chamber of Commerce Independence Institute Colorado Business Roundtable Fruita Chamber of Commerce Loveland Association Chamber of Commerce Colorado of Wheat Growers Grand Junction Area Chamber of Commerce Mechanical Contractors Association of Colorado Contractors Greater Pueblo Chamber of Commerce Mechanical Service Contractors Association of Colorado Association of Mechanical & Plumbing Greeley Chamber of Commerce Colorado Club 20 Independence Institute Development Corporation Metro Denver Economic Centennial Institute Loveland Chamber of Commerce National Certified Pipe Welding Bureau Castle Rock Economic Development Mechanical Contractors Association of Colorado National Electrical Contractors Assoc., Castle Rock Chamber of Commerce Rocky Mountain Chapter Building Jobs 4 Colorado Mechanical Service Contractors Association of Northern Colorado Economic Alliance Associated of Colorado Colorado General Contractors Northern Colorado Legislative Alliance Americans for Prosperity Metro Denver Economic Development Corporation Northwest DouglasPipe County Chamber and Economic ColoradoCertified National Welding Bureau Development American Council ofContractors EngineeringAssoc., Companies of National Electrical Parker Area Chamber of Commerce Alamosa County Chamber of Commerce Rocky Mountain Chapter Action 22
Delta County Sedgwick County Crowley County Rio Grande County Rio Blanco County Conejos County Prowers County Cheyenne County Phillips County Baca County Morgan County Archuleta County Montrose County Alamosa County Montezuma County Commerce Westminster Chamber of Moffat County Development Mineral County Upstate Colorado Economic Mesa County Commerce Logan County County Chamber of Lincoln County Trinidad & Las Animas Las Animas County The candidate who wins theCity most Commerce Kit Carson County of Woodland Park votes in Colorado should receive Tri-Lakes Chamber of Kiowa County Town of Monument Chamber of Commerce Jackson County Colorado's electoral votes. City of Fountain South Metro Denver Grand County of Castle Rock The candidate who wins theCity most Contractors Assoc. Garfield County Yuma County votes in Colorado should receive Rocky Mountain Mechanical Fremont County Weld County votes. Washington County Ready ColoradoColorado's electoral El Paso County Pro 15 Douglas County Teller County
Join us and Vote 'NO' on
Join us and Vote 'NO' on Prop 113
Prop 113
No on 113:
No on 113:
Yes on 113:
The candidate who wins the most votes nationally should receive Colorado's electoral votes, even if the candidate The candidate who wins the most votes didn't campaign here. electoral votes, even if the candidate nationally should receive Colorado's nationally should receive electoral votes, even if theColorado's candidate The candidate who wins the most votes didn't campaign here.
Yes on 113:
Yes on 113:
Teller County Pro 15 Douglas County Washington County Ready Colorado El Paso County Weld County Rocky Mountain Mechanical Fremont County Yuma County Contractors Assoc. Garfield County City of Castle Rock South Metro Denver Grand County Pro 15 Douglas County Teller County Colorado's electoral votes. City of Fountain Chamber of Commerce Jackson County Ready Colorado El Paso County Washington County Town of Monument Tri-Lakes Chamber of in Colorado Kiowa County votes should receive Rocky Mountain Mechanical Fremont County WeldofCounty City Commerce Kit Carson County The candidate who wins the mostWoodland Park Contractors Assoc. Garfield County Trinidad & Las Animas Las Animas County Yuma County South Metro Denver Grand County City of Castle Rock County Chamber of Lincoln County Chamber of Commerce Jackson County City of Fountain Commerce Logan County Tri-Lakes Chamber of KiowaCounty County Town of Monument Upstate Colorado Economic Mesa Commerce Kit Carson County City of Woodland Park Development Mineral County Westminster Chamber Moffat County Trinidad & Las Animasof Las Animas County Commerce Montezuma County County Chamber of Lincoln County Alamosa County Montrose County Commerce Logan County Archuleta County Morgan County Upstate Colorado Economic Mesa County Baca County Phillips Development Mineral County County Cheyenne County Prowers County Westminster Chamber of Moffat County Conejos County Rio Blanco County Commerce Montezuma County Rio Grande County Crowley County Alamosa County Montrose County Sedgwick County Delta County
No on 113:
Prop 113
Join us and Vote 'NO' on
Archuleta County Morgan County Northern Colorado Economic Alliance by Protect Colorado's Vote Issue Committee. Rose Pugliese, Registered Agent. WWW. PROTECTCOLORADOSVOTE.ORG Paid for Baca County Phillips County Northern Colorado Legislative Alliance Cheyenne County Prowers County Northwest Douglas County Chamber and Economic Conejos County Rio Blanco County Development Grande County Rio Crowley County Parker Area Chamber of Commerce Sedgwick County Delta County
on Prop 113 We Endorse 'No'
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WWW. PROTECTCOLORADOSVOTE.ORG Paid for by Protect Colorado's Vote Issue Committee. Rose Pugliese, Registered Agent.
Be safe. Stay Strong.
October 15, 2020 • THE VILLAGER | PAGE 21
On your ballot --11 questions that change Colorado’s laws BY FREDA MIKLIN GOVERNMENTAL REPORTER
Longtime residents of our state are aware that there are numerous ways for citizens to weigh in directly on the laws that govern Colorado. This year, there are eight questions on all voters’ ballots that were citizen-initiated and three that were referred to the voters by our legislature. Amendment B, referred to the voters by a two-thirds majority of the general assembly, would change the way property taxes are calculated by repealing the Gallagher Amendment, passed in 1982 when residential property values were soaring. Due to the changes in the market value of business property relative to residential in the past 38 years, along with the impact on mill levies of TABOR (the Taxpayer Bill of Rights) adopted ten years later in 1992, the Gallagher Amendment has “caused a 300 percent increase in the shift of the property tax burden (from residential) to business, at the same time depriving rural cities and towns, school districts, fire protection districts, hospital districts and other entities who depend on property taxes of much needed operating capital.” Recommending a yes vote are all Democrats and nearly half of all Republicans in the general assembly, former Colorado Republican Senator Hank Brown, the National Federation of Independent Business, and the Colorado Business Roundtable. Opponents fear the change will lead to higher residential taxes in the future. Amendment C was also referred to the voters by the legislature to change a rule in the Constitution making it easier for charitable organizations to get a charitable gaming license and hire minimum-wage employees to assist them, which is presently prohibited under our constitution. Amendment 76 is a citizen-initiated constitutional amendment to close what some perceive as a loophole, stating that “only a citizen” of the U.S. can vote in a Colorado election at age 18, instead of “every citizen” of the U.S., the current language. No example of non-citizens voting illegally has been offered by proponents. Opponents believe it is a non-issue. Proponents prefer the change in language. Amendment 77 would allow voters of Colorado’s three legal gambling towns, Cripple Creek, Blackhawk, and Central City, to vote to raise the maximum bet above the current limit of $100 and add new gambling games. It is part constitutional amendment, part state law. New revenue generated by new games or higher limits would go to help fund community colleges. Proposition EE would increase taxes on tobacco and
create a new tax on nicotine products such as e-cigarettes. Funds raised would be for education and health programs. It is a state law referred to the voters by the legislature, as required by TABOR because it is a new and/or increased tax. Proposition 113 is a citizen-initiated potential veto referendum. A yes vote will affirm the decision taken by the general assembly for Colorado to join the National Popular Vote Interstate Compact, effectively eliminating the impact of the electoral college if a sufficient number of other states also agree to it. Opponents believe that eliminating the impact of the electoral college would make presidential candidates less likely to court Colorado vot-
ers. Supporters see it as having presidential elections work like all others, with every individual vote in the country carrying exactly the same weight, regardless of whether the voter lives in Anchorage, Abilene, or Albany. Opponents believe that voters in individual states tend to think alike, which is the source of the terms “red state” and “blue state,” thus voters in higher population states would overwhelm the impact of voters in lower population states without the structure of the electoral college. Those who favor Proposition 113 point to the presidential elections of 2000 and 2016 where the presidency was won by the person who received fewer votes than his opponent, which conflicts with the American principle of “one person, one vote.”. Continued on page 22
Coconut & Ginger Pumpkin Soup Musings with Melinda
Creamy coconut ginger pumpkin soup is deliciously nourishing. The warmth of fresh ginger adds a lovely kick to the sweet base of coconut and pumpkin. Make it with your favorite chicken broth or stock, or use a vegetable stock base for a plant based, vegan soup.
Ingredients
• 1 kilogram pumpkin – any variety will do, I used Kent pumpkin for the soup pictured the edges. • 500 mL chicken broth or • While the pumpkin is stock – substitute vegetable roasting, peel the ginger stock for a vegan/vegetarian and gather the rest of the soup ingredients. • 250 mL coconut milk • Place cooked pumpkin, • 60 grams fresh ginger (about chicken broth/stock, coco3-4 thumb sized pieces) nut milk, ginger, cumin and • 1 tsp ground cumin cinnamon into blender jug. • 1/2 tsp ground cinnamon Blend until super smooth. • 2 tbsp extra virgin olive oil for Season with salt and pepper roasting the pumpkin – can to taste. also use coconut oil • To serve, heat a portion of the • salt and pepper to taste soup in a saucepan over the stove (or microwave the soup if that’s more convenient for Instructions you). Enjoy! • Preheat oven to 180 C and I LOVE everything PUMPKIN! line a large tray with baking But I will have to say my favorite paper (or use a non-stick is a pumpkin ginger soup. I will tray). never forget trying it for the first • Peel pumpkin and cut into even-sized chunks. Place on time while living in downtown tray, drizzle over olive oil and Boston many years ago, from toss around with your hands the New York Soup Company. to coat. Roast pumpkin in the You can find several variations oven for approximately 45 online. This recipe came from minutes or until super soft Nourish Everyday. Enjoy the fall and starting to caramelize at season with Pumpkin! Melinda Luke Integrative Health Coach 720-507-7534 or mail@melindaluke.com Want a product or service review, call me!
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PAGE 22 | THE VILLAGER • October 15, 2020
Hickenlooper and Gardner face off—what has happened to debates? BY FREDA MIKLIN GOVERNMENTAL REPORTER
Hickenlooper and Gardner face off – what has happened to debates?
As ballots went into the mail on October 9, Colorado’s United States Senate opponents, former Colorado governor and Denver mayor John Hickenlooper and incumbent Cory Gardner held a televised debate on Denver7 co-hosted by the Denver Post and Colorado Public Radio (CPR). Ann Trujillo moderated, along with Caitlin Kim of CPR and Justin Wingerter of the Denver Post. Asked if he was proud of the way the Republican majority in the U.S Senate was handling the pandemic, Gardner, a Republican, said he was proud of the work he had done to secure COVID-19 tests from South Korea and in supporting the payroll protection plan and unemployment benefits, adding that he believes that “this is about the people of Colorado,” while “Hickenlooper believes “it’s about him.” Trujillo responded, “The question was, are you proud of the way the Senate is handling it, then added the question, “Are you proud of the way the president is handling the pandemic?”
Gardner answered, “We have to do work each and every day to make sure we are proud of our response. We shouldn’t be proud of anybody who passes away. The fact that we’ve had 2000 lives lost (in Colorado)…I believe we must get through this by…standing together.” Hickenlooper was asked to respond to Gardner’s charge that he did not prepare Colorado well enough (as governor) to respond to the pandemic. After praising the response of current Governor Jared Polis, who he noted had endorsed him in the senate race, Hickenlooper said that President Trump had been negligent in identifying the real risk and challenge of COVID-19 and “the incompetence of the response once they finally owned up to it…has made our consequences more severe than pretty much any industrialized country in the world. Our economy is upside down…” Again, Trujillo returned to the original question of whether he had prepared Colorado well enough, to which Hickenlooper said yes. Kim asked Gardner what he would replace the Affordable Care Act with if it were struck down by the U.S. Supreme Court, since he had voted nine
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times to eliminate it. Gardner said, “I think you just heard Governor Hickenlooper admit that he did not prepare the State of Colorado for the pandemic…” He noted that Republicans and Democrats agree on the need to protect people with pre-existing conditions, “and that’s why I’ve introduced legislation” that will do that. He added that “the Affordable Care Act needs to be replaced with a patient-centered plan” and that “John Hickenlooper’s plan would take 178 million policies away from the American people; he believes in a government-run system that puts the bureaucrats in charge. It’s like getting a colonoscopy at the DMV.” Hickenlooper pointed out the Affordable Care Act “provided dramatically increased coverage in this country,” the ability of young people to stay on their parents’ plan until age 26, and protections for pre-existing conditions. “I believe we have to build on the Affordable Care Act and I think a sliding-scale public option gets us a long way there. Cory says that he has a bill that will provide for extending protections for pre-existing conditions”…Hickenlooper said that Gardner’s bill would not work. Both candidates said they would support Vice-President Biden’s proposal to lower the age of eligibility for Medicare to 60. Asked if they support Medicare for All, Hickenlooper said no; Gardner said, “No, but that’s exactly what John Hickenlooper’s plan is.” Wingerter pointed out that Gardner did not vote for Donald Trump in 2016, then endorsed him in 2019. “What changed your mind?” he asked. Gardner said, “I didn’t think Trump could win in 2016” but that “the choice is clear in 2020.” Then he accused Hickenlooper of “wanting to make oil and gas
obsolete in this state,” adding, ”Do you know what means, John? 230,000 Coloradans will lose their jobs. Is that the kind of economic plan that you have for this state—these are people that live in my home town, they’re my family members!” Hickenlooper said, “President Trump’s negligence…his complete incompetence in and that of his team in responding once they finally recognized the threat, is a disgrace that has hurt this country as much as any natural disaster in our lifetime. Cory Gardner didn’t speak out against that. When the president said during his recent debate, stand back and stand
Ballot questions Continued from Page 21
Proposition 114 is a citizen-initiated change in state law that would reintroduce gray wolves on public lands in our state. Supporters believe it will correct the ecosystem after the wolves were eliminated years ago by hunters. This was done in Yellowstone National Park with what is viewed as success. Others see it as the unnecessary introduction of a predator. Proposition 115 is a citizen-initiated state law that would legally prohibit an abortion of a fetus that has reached 22 weeks gestation, more than half its full development, unless the life of the mother is in jeopardy. There is no exception for rape, incest, or fatal known birth defects. Proponents have not provided examples of any women who have had late-term abortions. Opponents see it as unnecessary and a path toward limiting abortion in Colorado. According to Pew Research, most Coloradans favor legal abortion. Proposition 116 would reduce Colorado’s flat income tax from 4.63 percent to 4.55 per-
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by to white supremacists, Cory Gardner didn’t respond.” Asked why the people of Colorado should support him after having been found to have committed two ethics violation, Hickenlooper responded, “Those were violations of travel I did trying to promote Colorado when we went from 40th in job creation to becoming the number one economy in the country…They were inadvertent reporting errors that the Denver Post called an honest mistake, relatively minor. I accept responsibility and I paid the $2,800 fine.” And so it went. Fmiklin.villager@gmail.com
cent. Opponents view the idea of reducing the income tax rate at a time when the state is cutting funding to schools because of reduced tax collections due to the coronavirus pandemic as poor timing. Supporters believe that it is important to help families economically during a time like this thus any savings on their income taxes is good. It would save the average Coloradan $50 per year and cost the state over $150 million each year in lost revenue. This is a citizen-initiated change in state law. Proposition 117 would require Colorado voters to approve new enterprises the same way they approve new taxes as required by TABOR. Supporters say it will give voters a choice about virtually every decision that includes new revenue to any part of state coffers, which is the intent of TABOR. Opponents say it will make it even harder for elected legislators to manage the state budget, already difficult because of predetermined cutouts for multiple areas of government, leaving those like roads and higher education that don’t have a standard cut-out, only the remaining piece of the revenue pie left over after everyone else is served. Proposition 118 arrives on the ballot as a citizen-initiated state law that followed several years of legislators trying to find a formula for paid medical and family leave on which they could agree. It is a state-run insurance program similar to unemployment insurance that would pay 50 percent of wages for higher earners and 90 percent of wages for lower earners for up to 12 weeks for a new child, personal injury, or need to care for a family member. The cost would be paid through a payroll tax 0.90 percent of wages, split between employer and employee, with a maximum benefit of $1,100/ week. Proponents say this is a necessary safety net, opponents say the program cost projections are unrealistic and the premiums will not cover the expected cost of usage due to the generous benefits. Fmiklin.villager@gmail.com
October 15, 2020 • THE VILLAGER | PAGE 23
Be safe. Stay Strong.
A Precious Child seized the night with Seas the Night Virtual Gala
E
very child is precious. A Precious Child, the organization, turns 12 years old in November. Out of compassion for families during the 2008 financial crisis, Carina Martin founded the non-profit out of her garage and it served 50 children that first year. In 2019, with over 9,209 devoted volunteers, A Precious Child served 57,000 with basic essentials and so much more! “ What we do at A Precious Child is so much more than supplying essentials, we provide hope!” said Chief Communications Officer Courtney Wickberg. It’s a resource for those challenged by poverty, abuse, neglect or crisis situations. Through its initiatives, it helps children CEO and Founder, Carina Martin
participate in sports, experience the arts, feel encouraged and empowered and have a sense of belonging, A Precious Child looks at the children holistically, so they have everything they need to thrive…from cradle to career. One can see how A Precious Child is an unstoppable force serving thousands in an eight-county area. Normally, the signature gala with a clever theme is held annually. This year, as with most charities, it was forced to pivot to a virtual fundraiser. The theme was still clever - “Seas the Night” and the need to serve children and families was even greater. The opening scenes were touching: children singing This little light of mine… and praying “Dear God, Thank you for A Precious Child. Amen.” The response efforts of A Precious Child have been remarkable during COVID-19, in which it has served as a hub for relief efforts and a safety net for the community in a short period of time. Over 20,000 masks, 243,000 diapers and 53,000 hygiene items were gathered. The Resource Center is open with outdoor space for shopping and with agency partners, items are collected and distributed safely which makes a huge impact on the families.
“Although we are not able to be together in person, there has never been a more critical time for us to come together as a community to support the most vulnerable among us. It is moments like these where we are the closest as we step up to serve Colorado’s children.” - Carina Martin
Local supporter Lisa Corley had this to say: “My husband, Tom and I are profoundly committed to A Precious Child and the critical life-changing impact they make on the lives of so many children and families within our communities. A Precious Child is a unique non-profit wherein they collaborate and work alongside other non-profits and agencies, without duplicating efforts and fundraising, to expand their outreach to those in need thereby making a greater impact. We are honored to serve A Precious Child. Tom serves on the Board of Trustees and I serve on the Board of Directors Emcee for the virtual gala was Lance Carl, CU Boulder and Jeff Storey, CEO of Lumen Technologies, The Parent Company at CenturyLink did the Special Appeal. For further information, to volunteer or donate: apreciouschild.org or 303-466-4272.
From the 2019 gala, Darryl Traweek of Presenting Sponsor RBC Wealth Management
“ We’re here to support a wonderful cause!” – Darryl Traweek
Special guest entertainer, Thunderstorm Artis, finalist from Season 18 of The Voice Photo courtesy of A Precious Child
From the 2019 gala, Tom and Lisa Corley Photos by Scottie Iverson
“I feel blessed, “ said single dad and client Robert with his son Ren Photo courtesy of A Precious Child
Proud supporter of A Precious Child 303.877.6767 jeffhendley.com Expect more from
Be safe. Stay Strong.
PAGE 24 | THE VILLAGER • October 15, 2020
18th Judicial District Attorney candidates hold forum BY FREDA MIKLIN GOVERNMENTAL REPORTER
On October 7, Leanne Wheeler, former Aurora City Council candidate, moderated a virtual forum on behalf of the Colorado Criminal Justice Reform Coalition 4 Action featuring Amy Padden, Democrat, and John Kellner, Republican, running for 18th Judicial District (JD) Attorney. Kellner identified community, safety and equal justice as the things for which he stands. He has served as a prosecutor for the past 18 years in Boulder and the 18th JD. He is presently chief deputy district attorney for Elbert, Douglas, and Lincoln counties. Kellner plans “to tackle the illegal gun trade that fuels violent crime” and expand the 18th JD’s “treatment court.” Padden is running “because I cannot stand by while racism and systemic inequities continue in our criminal justice system.” As an attorney for two different judges in Washington, D.C., Padden “saw first hand the racial inequities” of the sentencing guidelines. She has since spent 15 years in public service at the federal, state, and local levels, overseeing budgets and prosecutors. She reformed the way that federal maximum-security prisoners receive mental health care. Asked whether the current
system at the 18th JD embodies justice, Kellner said it does. Padden disagreed, saying that “people of color are prosecuted at a greater rate” in the 18th JD, and, she added, “It is not because they commit more crimes.” Kellner pointed out that in Aurora, black people comprise 30 to 35 percent of violent crime victims despite being 15 percent of the population. If elected, Padden hopes to identify the causes of crime so as to prevent crime and pursue opportunities for rehabilitation when possible among non-violent offenders, which will reduce recidivism. On the subject of adult diversion programs, Padden would reserve it for non-violent offenders. Kellner noted that the 18th JD has a sustainable program that includes seven masters’ level therapists who work with offenders. Kellner’s priorities, if elected, are “the violent crime epidemic, especially in Aurora.” The expansion of treatment courts, he said, would reduce recidivism. He also noted that he would increase transparency. Both candidates agree that racial disparity exists in the criminal justice system. Kellner said, “We all need to be aware of our…implicit biases.” He added, “The root causes of historical inequities include economics, education, and early involve-
ment in the criminal justice system.” Padden noted the example of mandatory sentencing for drug offenses and the importance of “taking a hard look at the data” to determine where racial inequities exist in the 18th JD, including filing decisions, asking for cash bail, and whether diversion is offered. She plans to have an external audit conducted to determine the answers to these questions. Kellner reported that 60 percent of the 5,500 filed felony cases annually are dismissed, deferred, or reduced to a misdemeanor, while only nine percent of the cases result in people being sent to prison. Asked whether he would commit to publicly track and report race and ethnicity data, Kellner said yes because “I want people to trust what we do and how we do it.” Padden said she would also commit to that, noting it is something that has been contained on her campaign website for some time. Padden supports reform of the state’s habitual criminal statute, which calls for lengthy prison sentences, which Padden believes is inconsistent with rehabilitation. Kellner would not commit to supporting a change in the statute, noting it depended on what it said. He added that the office currently uses the charge very carefully. When Wheeler asked Kellner
Amy Padden sees her diverse legal experience as best suited to bring criminal justice reform to the 18th judicial district.
if he would “adopt a written policy to direct prosecutors to favorably consider immigration consequences in plea negotiations,” Kellner said no, because it was not a subject that is appropriate for a blanket policy, rather each case should be decided on the facts.” Padden said yes, that collateral consequences should be taken into account in negotiations. Kellner pointed to his experience prosecuting felony criminal trials personally, alleging Padden had no similar experience. Padden said she had both civil and criminal trial experience, adding she also had experience actually implementing criminal justice reform and had been a lawyer twice as long as Kellner. The candidates agreed that it is important to prosecute law enforcement officers if their behavior
LETTERS
Continued from page 15
because I’m not sure who will respond or how it will be resolved. If it is resolved, I’m sure you all will second guess everything that was done despite the cops having to walk over dead bodies to get to the suspect. YOU ALL SHOULD GO INTO THE FIGHT AND MAKE THOSE DECISIONS. We live with the trauma from the incident and the long-term effects that are exacerbated by the lack of support from those who employ us to do our jobs. As the current Lieutenant for Investigative Support Section, which directly oversees the CRT (Crisis Response Team) I am extremely troubled and disheartened
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John Kellner, current deputy district attorney in the 18th judicial district, believes his criminal prosecution experience makes him the best candidate to move up to the top job.
warrants it. In closing, Padden emphasized her goals to reform criminal justice in the 18th JD. She noted her participation in the study of these reforms, where she won a national award for her work. “We need new leadership in this district to move forward, to repair trust between law enforcement and our communities, and to make sure that our justice system is more just.” Kellner left listeners with the thought that he is running for this job because he “wants to make a difference in the community (his) family calls home… It’s about service…it’s not about politics. I’m in this for safety, for fairness, for justice.” Fmiklin.villager@gmail.com by the recent news of the Cahoots style program that City Council has graciously approved. Not because I think that one program is better than the other, but because of the immoral and unethical way this has come to fruition. As we know from years past Courtney Tran (Courtney Jacobs) was hired by Chief Vanessa Wilson and the Aurora Police Department to start any crisis response program she thought would be accepted and most beneficial to the citizens of Aurora. After travelling around the country Courtney chose, developed and implemented the current CRT program. As it progressed she fostered distrust and discontent with the members of the unit which contained both sworn officers and clinicians from Aurora Mental Health. This turmoil eventually resulted in her leaving the Department under a dark cloud and a questionable ability to manage a program. Since leaving, Courtney has had at least two jobs, which both resulted in her leaving consensually or by means of termination. Allison Hiltz has a long standing personal relationship with Courtney and that relationship has prompted this new proposal. Allison and Courtney hang out together and they share babysitting duties with each other. The nepotism that is evident in this situation is again immoral and unethical. It is my belief that Courtney, who left the City under a dark cloud will now be given a job to start the new program, which is the wrong reason to start a new program. Just something to consider. You all think that you are representing the citizens of Aurora. Well to enlighten you, it’s hard to say you are doing so when only a small percentage of the community turns out to vote. Shame on them! But, remember that when you want to be re-elected and the majority of the citizens do come to vote, where will you stand! Lt. Dave Cernich Aurora Police Department
October 15, 2020 • THE VILLAGER | PAGE 25
Be safe. Stay Strong.
Common Sense Institute releases 2020 Ballot Guide
T
featuring CSI affect our economy? o help nav- several weeks, research fellows, Will this measure imCSI has released igate the elected officials, pact mythe bottom line? of poli ballot, Com- a series of studies CSI’s mission is to examine fiscal impacts policy examining the Will this make mon Sense so thatmakers Coloradans are educated anddoing informed on is employs rigorous research techniques and dynamic and Colorado economic impact business in ColoraInstitute (CSI), a impact of these measures on the Colorado economy business leaders. do more expensive? non-partisan research of ballot measures learn more, become involved or to make a donation “Wading These are the factors organization dedicated on Colorado famcommonsenseinstituteco.org through political we studied, and these ilies and the state to the protection and ads and cambudget. Studies are the answers we promotion of Colopaign mail can be a Proposition 118: and analysis have sought for our analyrado’s economy has released the 2020 Bal- been compiled in the Paid Family and Med- challenge,” continued sis.” Download the 2020 lot Guide. The Guide 2020 Ballot Guide and ical Leave Insurance Strohm. “We believe Program include: Ballot Guide or view includes a series of voters deserve anAmendment B: Re- swers to the questions it online at https:// Proposition 116: studies and analysis Gallagher Guide examining ballot ques- State Income Tax Rate peal of the surrounding these im- commonsense Ballot Amendment instituteco.org/ tions voters as well as Reduction portant issues: How In addition studies, will this proposal Proposition 117: ballot-issues/ podcasts and webithe ballot Ballot guide also Guide Voter Approval of nars. “This week Colora- New Fee Based Enter- includes links to podcasts and briefings do voters will receive prises their ballots and it’s one of the longest and most complex ballots in recent memory. Amendment B: Repeal of the Gallagher Prop. 117: Voter Approval of New Fee Along with canAmendment Based Enterprises didates and local If passed… • Since 1996, the state legislature has created 15 new enterprises. In FY 2018, total revenue collected from issues, voters will • Freezing the residential rate would halt the anticipated Amendment B: Repeal of the Gallagher Prop. 117: Voter$17.9 Approval enterprise fees totaled billion of New Fee reduction to 5.88%, estimated to reduce property tax revenue also face eleven Amendment Based Enterprises by nearly $700 million. • In 2019, 69% of total Colorado state spending was exempt from TABOR, which equates to an amount of $5,787 per homeowners will likely pay higher taxes in the different statewide • If Residential passed… • Coloradan. Since 1996, the state legislature has created 15 new as property taxes will grow in-line with home values. enterprises. In FY 2018, total revenue collected from Freezing the residential rate would halt the anticipated questions,” said • • future, • In 2018, state enterprise fee revenues were more than Thereduction legislaturetowould be able to lower all rates in future years, but enterprise fees totaled $17.9 billion 5.88%, estimated to reduce property tax revenue double what they were in 2008 on a per-Coloradan basis as still cannot raise rates, unless referred to voters. CSI President by nearly $700 million. • In 2019, 69% of total Colorado state spending was exempt total revenue from enterprise fees. If failed… from TABOR, which equates to an amount of $5,787 per homeowners will likely pay higher taxes in the and CEO Kristin • • TheResidential Coloradan. anticipated reduction in the 5.88%, & future, as property taxes will residential grow in-linerate withtohome values. associated reduction in local tax revenue, would likely prompt Strohm. • In 2018, state enterprise fee revenues were more than • The legislature would be able to lower all rates in future years, but further gov’traise & fiscal responses, including increasing local mill double what they were in 2008 on a per-Coloradan basis as still cannot rates, unless referred to voters. “The impact of If levies which disproportionally impacts non-residential property. total revenue from enterprise fees. failed… • Lower property tax revenue to K-12 school districts will these measures is • The anticipated reduction in the residential rate to 5.88%, & increase the pressure on the state budget to backfill associated reduction in local tax revenue, would likely prompt not without sigfunding for education . further gov’t & fiscal responses, including increasing local mill levies which disproportionally impacts non-residential property. nificance to our property tax revenue to K-12 school districts will state. From a $1.3 • Lower increase the pressure on the state budget to backfill funding for education. billion tax for a Prop. #118: Paid Family & Medical Leave state-run family • Compared to other states with existing state-run programs, Colorado’s would have some of the most generous benefits in leave program to a the nation. Prop. #118: Paid Family & Medical Leave cut in the state in• Solvency – If the program starts at a claims rate of 6.2% and average length leave with of 9.5 weeks,state-run the 2023programs, premium • an Compared to otherofstates existing come tax, the 2020 Prop. #116: State Income Tax Reduction collections not have be sufficient cover andbenefits in Colorado’swill would some of to the mostbenefit generous administrative costs in the first year of the program in 2024. In ballot will shape • In its first full year effective, it will decrease state tax the nation. 2025, once – the premium canstarts increase 1.2%, theofprogram • Solvency If the program at ato claims rate 6.2% and revenues by almost $160m—1.7% of total projected our economy for utilization can at most increase to a utilization level equivalent an average length of leave of 9.5 weeks, the 2023 premium collections. tocollections a claims rate of 7.5% & an average length of leave Prop. #116: State Income Tax Reduction will not be sufficient to cover benefit and of 10.2 years to come,” • If passed, the private sector would add between 896 & 1,384 jobs. weeks while maintaining solvency. Any higher utilization administrative costs in the first year of the program in 2024. In impact will onitaverage be a reduction of 324 first full year effective, will decrease state tax and theonce program wouldcan face insolvency andthe likely continued Strohm. • TheInnetitsemployment 2025, the premium increase to 1.2%, program jobs or an addition of 1,514, after accounting for projected reductions in revenues by almost $160m—1.7% of total require further legislative action. utilization can at most increase to a utilization level equivalent “Our goal is to cut gov’t employment growth. collections. • Direct Costsrate – The three&constructed show of a range to a claims of 7.5% an average scenarios length of leave 10.2 • If passed, the private would add between 896 jobs. • By year 5, Colorado GDPsector will have grown $1m&&1,384 $55.5m. maintaining Any utilization ofweeks wage while premiums to fundsolvency. the benefit of higher .71%, 1.12% & through the politThe net employment impact will revenue on average befall a reduction of 324 and the program would face insolvency and likely 1.70%. average, yearly state gov’t will between jobs or an addition ofrelative 1,514, after accounting forprojection. reductions in ical spin and pro- • On require Costs further action. $170.9m & $176.3m to the baseline • Indirect – legislative Given the one size-fits-all approach, employment As gov’t a result, the state growth. gov’t will have to reduce gov’t job • Direct Costs – The three constructed scenarios show some businesses will face much higher costs. A a range vide voters with • growth By year 5, Colorado will requirements. have grown between $1m & $55.5m. to meet tighter GDP budget of wage premiums to fund the nearly benefit100% of .71%, 1.12% & restaurant which must replace of the workers 1.70%. facts and in-depth • On average, yearly state gov’t revenue will fall between who take leave, would see their already low margin be reduced $170.9m & $176.3m relative to the baseline projection. 10%. On the other hand, higher wage biotech research • by Indirect Costs – Given thea one size-fits-all approach, analysis.” As a result, the state gov’t will have to reduce gov’t job company, with a high margin, would higher see a decline some businesses will face much costs.in A their growth to meet tighter budget requirements. margin of 2% & a must per employee net cost of $545. restaurant which replace nearly 100% of the workers Over the last who take leave, would see their already low margin be reduced
Common Sense Ins
by 10%. On the other hand, a higher wage biotech research company, with a high margin, would see a decline in their margin of 2% & a per employee net cost of $545.
Common Sense Institute Common Sense Institute Learn more at www.commonsenseinstituteco.org
CSI’s mission is to examine the fiscal impacts of policies, initiatives, and proposed laws Instituteon issues impacting their lives. CSI so that Coloradans areCommon educatedSense and informed Learn more at www.commonsenseinstituteco.org employs rigorous research techniques and dynamic modeling to evaluate the potential impact of these measures on the Colorado economy and individual opportunity. To learn more, become involved or to make a donation visit
commonsenseinstituteco.org
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PAGE 26 | THE VILLAGER • October 15, 2020
Republican pollster delivers bad news to party stalwarts BY FREDA MIKLIN GOVERNMENTAL REPORTER
David Flaherty is the principal of Magellan Strategies, a well-known and highly respected Republican consulting firm that performs data analysis and predictive data modeling based on his voter opinion polling. Flaherty was this month’s guest speaker at the meeting of the Arapahoe County Republican Breakfast Club (ACRBC) held at Maggiano’s DTC on October 7. He explained that in 2016, “Trump won because he was a successful businessman who was going to get even with the trade cheaters.” Also, “(Democratic presidential candidate Hillary) Clinton’s
negatives were in the high 50’s and Bernie Sanders’ and Elizabeth Warren’s supporters didn’t come to her after the primaries.” Lastly, “African-American turnout was low in cities like Detroit and Pittsburgh, and nine percent of voters went to third-party candidates, the highest “other” vote ever in a presidential election.” Fast forward to eight months ago. “The political environment was great for Republicans. Democrats were fighting over younger voters, Medicare for all, the green new deal, and reparations for slavery, all unpopular ideas. Then March came and the election got turned on its head in 60 days, Biden, a centrist, won. COVID stopped the entire country in its tracks
and the economic pain was unprecedented,” the pollster recounted. Flaherty reported to club members that his polling showed that, “Republicans wanted to keep businesses open and decide themselves how to deal with the pandemic, Democrats favored health and safety by a huge margin, and the unaffiliated wanted both, a balance.” He added to the picture that his data showed that, “18 to 34-year-olds vote Democratic if they vote, and very few young adults in that age group in Colorado and other places identify with the Republican party. Climate change was a big issue. Then came George Floyd and racial justice got huge. It was all that was needed to get these
kids off the couch and return their ballots,” plus, “The president talking about law-and-order brings out two young voters who support Biden for every law-and-order voter he gets.” After sharing his polling results that the October 6 presidential debate, which drew 80 million viewers, “was not good,” Flaherty delivered the unwelcome news that “Biden has opened up a single-digit lead in battleground states.” One bright spot for Republicans, he reported, is that the party will pick up a Senate seat in Alabama, where he expects incumbent Democrat Doug Jones to lose to former Texas Tech and University of Cincinnati football coach Republican Tommy Tuberville.
Democrats have raised a huge amount of money, Flaherty said, and he believes that Colorado Senator Cory Gardner, along with other Republican incumbent senators, Martha McSally of Arizona, Joni Ernst of Iowa, Thom Tillis in North Carolina, and Susan Collins of Maine are in jeopardy of not retaining their seats. He is also concerned about Republicans’ chances of retaining their Senate seat in Kansas, where Republican U.S. Rep. Roger Marshall is running against Democrat Barbara Boller, a former Republican. Neither are incumbents and both are physicians. Looking at the overall voting landscape, Flaherty reported that, in 2018, 22 percent of all Continued on page 28
Be safe. Stay Strong.
October 15, 2020 • THE VILLAGER | PAGE 27
Be safe. Stay Strong.
PAGE 28 | THE VILLAGER • October 15, 2020
CASTLE PINES NORTH
7115 PARKWOOD
Young Republican volunteer Jaylen Mosquiera talked with 18th Judicial District DA candidate John Kellner at the breakfast meeting.
Bad news to party stalwarts Continued from page 26 Mountain Living in Castle Pines North. Fabulous custom walk-out ranch. Main floor theatre. $1,500,000. CHERRY HILLS VILLAGE
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voters were in the 18-34 age group. “That’s unbelievably high and that’s shocking,” he said, adding, “That’s a huge voting block that we (the Republicans) have major problems with.” The other problem he explained is that there are 977,000 voters in Colorado who don’t vote in mid-term elections like 2018 but will vote in 2020. He broke down that group as 31 percent Democrat, 25 percent Republican, and 42 percent un-
affiliated, “But more concerning is that half of them are 18 to 34 years old,” adding that Republicans need to find a way to engage young voters. Kathleen Chandler of the Independence Institute asked Flaherty why younger voters “don’t hear” the Republicans’ message. Flaherty answered that the Republican message during its primaries is geared toward voters age 65 and over because that group comprises half the 400,000 Coloradans who vote in Republican prima-
On 2.12 acres, panoramic mountain views. Rebuilt by BOA from the inside out. $2,350,000 SUNDANCE HILLS
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Magellan Strategies’ David Flaherty posed with Aurora City Council Member Dave Gruber.
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Maegan
Amazing executive home on the Nature Preserve.10,000 sq ft.,pool, walkout. $3,000,000 THE PRESERVE
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It’s all about the “Put Back” Ever find yourself walking around the house with an item in hand and thinking, ”I know this goes somewhere”…”I bet this has the perfect spot it should return to”…“If I could just remember where it goes.” Of course not!!! I can guarantee almost none of us do this regularly. But, boy oh boy, do we spend time searching for items. All. Of. The. Time. We will hunt up and down and in and out and all around the entire house to find that one item, that we know we have, but we can’t remember where we put it. Ugh! It’s frustrating and annoying and always seems to happen when we are in a rush, right!
Items have to be easy to put back or they will stay out and contribute to overall clutter. Quick Tip: The location of where you most often use or need an item is a clear indicator of where it should be organized. So, if you find yourself running from room to room to find an item, chances are, it needs a more logical home to go back to. It’s human nature to go the extra mile to find something we need, but not necessarily to put something back. Organizing with the “put back” in mind will not only make it easier to find items, but will lessen clutter and confusion, ultimately saving you precious time. Here’s to hunting a little less!
CALL TODAY FOR A FREE CONSULTATION Centennial-based • Local references
Maegan Keller 720-295-6478 • maegan@shapespace.me www.shapespace.me
Aurora City Council Member Francoise Bergan asked the speaker what Colorado Republicans can do to expand their influence.
Photos by Freda Miklin
ries. While that is as it must be, the concerns of voters 44 and under are different. The result is that “it doesn’t set us up well going from the primary to the general election.” He added that Republican candidates must engage in the conversation about climate change, something they have so far failed to do. When ACRBC president Myron Spanier asked Flaherty about reporting he’d heard that up to 25 percent of African-American voters supported Trump, Flaherty said that according to his polling, the more likely number is five percent. Flaherty closed his remarks by circling back to the beginning, telling the disheartened Republican stalwarts that when the votes are all counted in Colorado, he expected Trump to have lost six or seven percent of the voters who supported him in 2016. Allowing that four years ago, polls “over-measured Hilary’s strength and under-measured the president’s strength. That could very well be out there now, but I’m very skeptical of that. He’s a completely different candidate, he has a record…and people, they’re worn out by the president. They don’t think anybody is home. They don’t think anybody is running the country.” He pointed to seniors, 80 percent of whom he said support wearing masks and are very focused on COVID, because they believe “the sooner we get rid of COVID, the sooner I can see my grandchildren,” and “they’re not pleased with the way the president is handling it.” He added, “One other thing. The personality of the candidate is very important… and the president is just picking fights with everybody…The likeability factor is incredibly important, especially among unaffiliated voters.” The Villager caught up with Flaherty the next day after the vice-presidential debate to get his reaction to that event. He told us, “I don’t think there was a winner or anything that changed voter opinion. Neither candidate hit a home run or really messed up.” Fmiklin.villager@gmail.com
October 15, 2020, THE VILLAGER | PAGE 29
LEGALS —Continued from previous page—
2017 FIRST
required, are available for public inspection at the offices of CliftonLarsonAllen LLP, 8390 East Crescent Parkway, Suite 300, Greenwood Village, Colorado. Any interested elector within the District may, at any time prior to final adoption of the 2021 budget and the amended 2020 budget, if required, file or register any objections thereto.
FIRST PLACE Best Public Notice Section
2018 NNA Better Newspaper
PLACE — Best Section
Advertising Contest Award-winning Newspaper
GREENWOOD METROPOLITAN DISTRICT By: /s/ Raymond Bullock, District Manager
ARAPAHOE COUNTY ARAPAHOE COUNTY NOTICE OF PUBLIC HEARING 2021 PROPOSED BUDGET ARAPAHOE COUNTY GOVERNMENT A proposed budget for Arapahoe County has been submitted to the Board of County Commissioners of Arapahoe County for the ensuing fiscal year of 2021. A copy of such proposed budget has been filed in the Arapahoe County Finance Department, 5334 South Prince Street, Littleton, CO, and is open for public inspection between 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays) and is available via the County’s website at www.arapahoegov.com under the Finance Department. NOTICE IS FURTHER GIVEN that on Tuesday, October 27, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO, the Board of County Commissioners will hold a public hearing at which all interested persons and citizens will be given an opportunity to be heard concerning the proposed 2021 Arapahoe County Budget (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the October 27, 2020 public meeting agenda at https://www. arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). NOTICE IS FURTHER GIVEN that the final proposed 2021 Budget is scheduled for adoption and appropriation at a regular meeting of the Board of County Commissioners of Arapahoe County scheduled for Tuesday, December 8, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the December 8, 2020 public meeting agenda at https://www. arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). Any interested elector within Arapahoe County may inspect the proposed 2021 Arapahoe County Budget and may file or register any protests or objection thereto at any time prior to final adoption of the 2021 Budget for Arapahoe County Government. Joan Lopez, Clerk to the Board by Joleen Sanchez, Deputy Clerk Published in The Villager Published: October 15, 2020 Legal # 9908 ___________________________ ARAPAHOE COUNTY NOTICE OF PUBLIC HEARING 2021 PROPOSED BUDGET ARAPAHOE LAW ENFORCEMENT AUTHORITY A proposed budget for the Arapahoe Law Enforcement Authority has been submitted to the Board of County Commissioners of Arapahoe County for the ensuing fiscal year of 2021. A copy of such proposed budget has been filed in the Arapahoe County Finance Department, 5334 South Prince Street, Littleton, CO, and is open for public inspection between 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays) and is available via the County’s website at www.arapahoegov.com under the Finance Department. NOTICE IS FURTHER GIVEN that on Tuesday, October 27, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO, the Board of County Commissioners will hold a public hearing at which all interested persons and citizens will be given an opportunity to be heard concerning the proposed 2021 Arapahoe Law Enforcement Authority Budget (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the October 27, 2020 public meeting agenda at https://www.
arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). NOTICE IS FURTHER GIVEN that the final proposed 2021 Budget is scheduled for adoption and appropriation at a regular meeting of the Board of County Commissioners of Arapahoe County scheduled for Tuesday, December 8, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the December 8, 2020 public meeting agenda at https://www.arapahoegov.com/ AgendaCenter/Board-of-CountyCommissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). Any interested elector within the Arapahoe Law Enforcement Authority may inspect the proposed 2021 Arapahoe Law Enforcement Authority Budget and may file or register any protests or objection thereto at any time prior to final adoption of the 2021 Budget for the Arapahoe Law Enforcement Authority. Joan Lopez, Clerk to the Board by Joleen Sanchez, Deputy Clerk Published in The Villager Published: October 15, 2020 Legal # 9909 ___________________________ ARAPAHOE COUNTY NOTICE OF PUBLIC HEARING 2021 PROPOSED BUDGET ARAPAHOE COUNTY RECREATION DISTRICT A proposed budget for the Arapahoe County Recreation District has been submitted to the Board of County Commissioners of Arapahoe County for the ensuing fiscal year of 2021. A copy of such proposed budget has been filed in the Arapahoe County Finance Department, 5334 South Prince Street, Littleton, CO, and is open for public inspection between 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays) and is available via the County’s website at www.arapahoegov.com under the Finance Department. NOTICE IS FURTHER GIVEN that on Tuesday, October 27, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO, the Board of County Commissioners will hold a public hearing at which all interested persons and citizens will be given an opportunity to be heard concerning the proposed 2021 Arapahoe County Recreation District Budget (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the October 27, 2020 public meeting agenda at https://www. arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). NOTICE IS FURTHER GIVEN that the final proposed 2021 Budget is scheduled for adoption and appropriation at a regular meeting of the Board of County Commissioners of Arapahoe County scheduled for Tuesday, December 8, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the December 8, 2020 public meeting agenda at https://www.arapahoegov.com/ AgendaCenter/Board-of-CountyCommissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). Any interested elector within the Arapahoe County Recreation District may inspect the proposed 2021 Arapahoe County Recreation District Budget and may file or register any protests or objection thereto at any time prior to final adoption of the 2021 Budget for the Arapahoe County Recreation District. Joan Lopez, Clerk to the Board by Joleen Sanchez, Deputy Clerk
Published in The Villager Published: October 15, 2020 Legal # 9910 ___________________________ ARAPAHOE COUNTY NOTICE OF PUBLIC HEARING 2021 PROPOSED BUDGET ARAPAHOE COUNTY WATER AND WASTEWATER PUBLIC IMPROVEMENT DISTRICT A proposed budget for the Arapahoe County Water and Wastewater Public Improvement District has been submitted to the Board of County Commissioners of Arapahoe County, as the ex officio Board of Directors of the Arapahoe County Water and Wastewater Public Improvement District, for the ensuing fiscal year of 2021. A copy of such proposed budget has been filed in the Arapahoe County Finance Department, 5334 South Prince Street, Littleton, CO, and is open for public inspection between 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays) and is available via the County’s website at www.arapahoegov.com under the Finance Department. NOTICE IS FURTHER GIVEN that on Tuesday, October 27, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO, the Board of County Commissioners will hold a public hearing at which all interested persons and citizens will be given an opportunity to be heard concerning the proposed 2021 budget for the Arapahoe County Water and Wastewater Public Improvement District (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the October 27, 2020 public meeting agenda at https://www. arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). NOTICE IS FURTHER GIVEN that the final proposed 2021 Budget is scheduled for adoption and appropriation at a regular meeting of the Board of County Commissioners of Arapahoe County, as the ex officio Board of Directors of the Arapahoe County Water and Wastewater Public Improvement District, scheduled for Tuesday, December 8, 2020 at 9:30 a.m., or as soon thereafter as the calendar of the Board of County Commissioners permits, in the East Hearing Room of the County Administration Building, 5334 South Prince Street, Littleton, CO (NOTE: Due to the ongoing COVID19 emergency the hearing may be conducted through remote access – please check the December 8, 2020 public meeting agenda at https://www. arapahoegov.com/AgendaCenter/ Board-of-County-Commissioners-1 for specific information on how to attend and participate. The agenda will typically be posted by the Friday afternoon preceding the hearing). Any interested elector within the Arapahoe County Water and Wastewater Public Improvement District may inspect the proposed 2021 Budget for the Arapahoe County Water and Wastewater Public Improvement District and may file or register any protests or objection thereto at any time prior to final adoption of the 2021 Budget for the Arapahoe County Water and Wastewater Public Improvement District. Joan Lopez, Clerk to the Board by Joleen Sanchez, Deputy Clerk Published in The Villager Published: October 15, 2020 Legal # 9911 ___________________________
COURTS
DISTRICT COURT COUNTY OF ARAPAHOE, STATE OF COLORADO 7325 S. Potomac Street Centennial, Colorado 80112 (303) 649-6355 PEOPLE OF THE STATE OF COLORADO Petitioner,
No. 16764 Office of the Arapahoe County Attorney Attorney for the Petitioner 14980 East Alameda Drive, Aurora, CO 80012 Tel: 303-636-1100 Fax: 303-6361889 larnold@arapahoegov.com Case No: 20JV113 Division: 14 NOTICE OF ADJUDICATORY COURT TRIAL AND DEFAULT JUDGMENT To The Respondents: PLEASE TAKE NOTICE that an Adjudicatory Hearing regarding SHANNON RIVERA is set for December 16, 2020, at the hour of 11:00 a.m., in Division 14, at the Arapahoe County District Court, 7305 South Potomac Street, Centennial, Colorado 80112. You have the right to be represented by an attorney during these proceedings; if you cannot afford an attorney, one will be appointed to represent you. In the event you fail to appear for said hearing at the date and time indicated, the Petitioner will request that the Court enter a default judgment against you and adjudicate the child(ren), dependent and neglected in accordance with the Colorado Children’s Code. /s/ Linda Arnold Linda Arnold, Reg. No. 16764 Senior Assistant County Attorney 14980 East Alameda Drive Aurora, CO 80012 (303) 636-1883 Published in The Villager Published: October 15, 2020 Legal # 9912 ___________________________
NOTICE TO CREDITORS NOTICE TO CREDITORS Estate of Rachel Cardillo, Deceased Case Number 2020 PR 227 All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Arapahoe, County, Colorado or on or before February 1, 2021 or the claims may be forever barred. Kristen Cardillo 7632 South Rosemary Circle Centennial, CO 80112 Published in The Villager First Publication: October 1, 2020 Last Publication: October 15, 2020 Legal # 9886 ___________________________ NOTICE TO CREDITORS Estate of Cathleen Marshall Thompson, also known as Cathleen M. Thompson and Cathleen Thompson, Deceased Case Number 2020PR30952 All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Arapahoe, County, Colorado or on or before February 1, 2021 or the claims may be forever barred. The original of this document is on file at the law office of Donald Glenn Peterson. /s/. Donald Glenn Peterson Donald Glenn Peterson – Attorney for PR 4100 E. Mississippi Avenue, Suite 410 Denver, CO 80246 Telephone: (303) 758-0999 Published in The Villager First Publication: October 1, 2020 Last Publication: October 15, 2020 Legal # 9887 ___________________________
SPECIAL DISTRICTS CENTENNIAL AIRPORT MASTER PLAN NOTICE OF VIRTUAL PUBLIC INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Arapahoe County Public Airport Authority will conduct a Virtual Public Information Meeting for Centennial Airport’s Master Plan via Zoom from 1:00 p.m. to 2:30 p.m. on Tuesday, October 20th, 2020. For more information or to participate in the live event you can go to the following link and follow the instructions to join the meeting: http://bit.ly/APAmasterPlan
SHANNON RIVERA, PHILLIP MADRID, AND MICHELLE RIVERA, Respondents.
Published in The Villager First Publication: October 8, 2020 Last Publication: October 15, 2020 Legal # 9901 ___________________________ NOTICE OF PUBLIC HEARING AS TO PROPOSED 2021 BUDGET AND AMENDED 2020 BUDGET ARAPAHOE LAKE PUBLIC PARK DISTRICT
Linda Arnold, Esq., Registration
NOTICE IS HEREBY GIVEN
IN THE INTEREST OF: PHILLIP MADRID, JR. Child, And Concerning:
that the Board of Directors of the Arapahoe Lake Public Park District, Arapahoe County, State of Colorado, will consider a proposed 2021 budget and, if necessary, an amended 2020 budget. A copy of such proposed 2021 budget and amended 2020 budget have been filed in the office of Seter & Vander Wall, P.C., 7400 E. Orchard Road, Suite 3300, Greenwood Village, Colorado, where same is open for public inspection. The proposed 2021 budget and, if necessary, the amended 2020 budget will be considered at a public hearing at 6:00 p.m., on Tuesday, October 20, 2020. Any interested elector within Arapahoe Lake Public Park District may inspect the proposed 2021 budget and amended 2020 budget and file or register any objections at any time prior to final adoption of the proposed 2021 budget and, if necessary, the amended 2020 budget. To reduce the spread of COVID-19, the Board of Directors encourages the Public and others to join the meeting via Zoom. To access meeting, visit www.zoom. us, click the Join Meeting link, and type in the follow Meeting ID and Passcode: Meeting ID: 860 3737 5167 Passcode: 929794 BY ORDER OF THE BOARD OF DIRECTORS ARAPAHOE LAKE PUBLIC PARK DISTRICT By: /s/ SETER & VANDER WALL, P.C. Attorneys for the District Board Published in The Villager Published: October 15, 2020 Legal # 9916 ___________________________ NOTICE OF CONTRACTOR’S SETTLEMENT ARAPAHOE COUNTY STATE OF COLORADO NOTICE IS HEREBY GIVEN THAT on 15th day of November, 2020, final settlement will be made by the Arapahoe County Public Airport Authority, for and on account of the contract of said Sturgeon Electric Company, Inc. for the furnishing and installation of AIP No. 3-30-0029-052-2019, at Centennial Airport, and any person co partnership, association or corporation who has unpaid claim against said Sturgeon Electric Company, Inc. for or on account of the furnishing of labor, materials, supply of laborers, rental machinery, tools, or equipment, team hire, sustenance, provision, provender or other supplies used or consumed by such Contractor or any of the subcontractors in or about the performance of said work, may at any time up to and including said time of such final settlement on November 15, 2020, file a verified statement of the amount due and unpaid on account of such claim with the Arapahoe County Public Airport Authority. Failure on the part of a claimant to file such statement prior to such final settlement will relieve said Arapahoe County Public Airport Authority from all and any liability for such claimant’s claim. Arapahoe County Public Airport Authority County of Arapahoe State of Colorado Published in The Villager First Publication: October 15, 2020 Last Publication: October 22, 2020 Legal # 9917 ___________________________ NOTICE OF HEARING ON PROPOSED 2021 BUDGET AND 2020 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the proposed budget for the ensuing year of 2021 has been submitted to the Greenwood Metropolitan District (“District”). Such proposed budget will be considered at a meeting and public hearing of the Board of Directors of the District to be held on October 27, 2020 at 8:30 a.m. In order to preserve the health, safety, and welfare of the public in light of the imminent threat caused by the COVID-19 pandemic, this meeting and public hearing will be held by telephone conference only. To attend and participate by telephone, dial 425585-6231 and enter passcode 660-747-885. NOTICE IS FURTHER GIVEN that an amendment to the 2020 budget of the District may also be considered at the above-referenced meeting and public hearing of the Board of Directors of the District. A copy of the proposed 2021 budget and the amended 2020 budget, if
Published in The Villager Published: October 15, 2020 Legal # 9918 ___________________________ MANSFIELD HEIGHTS WATER & SANITATION DISTRICT NOTICE OF SPECIAL MEETING AND NOTICE AS TO PROPOSED 2021 BUDGET AND NOTICE AS TO PROPOSED AMENDMENT TO 2020 BUDGET October 15, 2020 NOTICE IS HEREBY GIVEN that the Board of Directors (the “Board”) of the MANSFIELD HEIGHTS WATER & SANTATION DISTRICT (the “District”) County of Arapahoe, State of Colorado, will hold a special meeting (the “Meeting”) at 3:00 PM on October 15, 2020, at 7995 E. Prentice Avenue, Greenwood Village, CO for the purpose of conducting such business as may come before the Board. In light of the COVID-19 epidemic and related Executive Order D-2020-123 Amending and Extending Executive Order D-2020-091 (Safer at Home and in the Vast, Great Outdoors) issued by Governor Polis on June 30, 2020, the District requests that members of the public join and participate in the Board meeting via telephone and/or video conference. The telephone conference may be joined by dialing +1 (669) 900-9128, Meeting ID: 964 1276 4083. The audio/video conference may be joined using high speed Internet connection to: https:// zoom.us/j/96412764083. FURTHER, NOTICE IS HEREBY GIVEN that a proposed budget has been submitted to the District for the ensuing year of 2021. A copy of the proposed budget has been filed in the office of Community Resource Services of Colorado, 7995 East Prentice Avenue, Ste 103E, Greenwood Village, CO, where the same is open for public inspection. Such proposed budget will be considered at the meeting of the District to be held at 3:00 PM on October 15, 2020. Any interested elector within the District may inspect the proposed budget and file or register any objections at any time prior to the final adoption of the 2021 budget. FURTHER, NOTICE IS HEREBY GIVEN that a proposed amended budget has been submitted to the District for the fiscal year of 2020. A copy of the proposed amended budget has been filed in the office of Community Resource Services of Colorado, where the same is open for public inspection. Such proposed amended budget will be considered at the meeting of the District to be held at 3:00 PM on October 15, 2020. Any interested elector within the District may inspect the proposed budget and file or register any objections at any time prior to the final adoption of the 2020 budget amendment. The meeting is open to the public. BY ORDER OF THE BOARD OF DIRECTORS MANSFIELD HEIGHTS WATER & SANITATION DISTRICT By: Community Resource Services of Colorado, LLC Published in The Villager Published: October 15, 2020 Legal # 9919 ___________________________ NOTICE OF PROPOSED BUDGET (Pursuant to 29-1-106, C.R.S.) NOTICE is hereby given that a proposed budget has been submitted to the Board of Directors of Southeast Metro Stormwater Authority (SEMSWA) for the ensuing year of 2021. A copy of such proposed budget has been filed in the office of SEMSWA at 7437 South Fairplay Street, Centennial, Colorado. Such proposed budget will be considered at a regular meeting of the Board of Directors of SEMSWA to be held at 7437 South Fairplay Street, Centennial, Colorado on October 21, 2020, at 1:30 p.m. Due to COVID 19, any interested property owner within SEMSWA’s boundaries may inspect the proposed budget by requesting a copy therefore at semswamain@semswa.org, at 303.858.8844 or by mail addressed to SEMSWA’s office address and may file or register any objections thereto at any time prior to the final adoption of the budget at semswamain@semswa.org or by mailing such objection to SEMSWA’s office address. Published in The Villager Published: October 15, 2020 Legal # 9920 ___________________________
— Continued to next page —
Be safe. Stay Strong. LEGALS
PAGE 30 PAGE 30 | | THE THEVILLAGER VILLAGER• •October October 15, 15, 2020 2020 —Continued from previous page—
2020 Cadillac CT5 is a home run BY H. THROTTLE AUTOMOTIVE COLUMNIST
A shiny “Black Raven” 2020 CT5 V-series Cadillac was delivered this week to test drive. Driving this six-cylinder, twin-turbo was enough to spoil future test drives with the excellence and performance of this General Motors masterpiece. Priced within reason for such quality at $57,630 they have this exact model featured at the local Cadillac dealership. I went there on Saturday to find out more about the CT5. They also make a CT4 with a four-cylinder engine priced in the $45,000 range. It is almost time for the 2021 models to appear and sales prices are appearing at dealerships. General Motors is headed by the first female to lead a major auto company, Mary Barra,
CEO. She has done a marvelous job of leading her GM company out of the recession that almost put them out of business, only to be assisted by the Obama administration to bail them out of
fort with a huge trunk and sail smoothly down the highway at high speeds. Drove the family to California and Disneyland in that wonderful car.
trouble and save the jobs for the 154,000 employees working at plants today making these Cadillacs, Buicks, GM and GMC trucks. We have lost Pontiacs and wonderful Oldsmobile’s down through the decades. I once owned an Old’s “98” that was one of the best cars ever driven, then or now. It would haul six passengers in com-
Since taking the reins in 2014 Mary Barra has led GM back into profitability and repaid all government loans. The stock is now at $32.16 a share. The headquarters is in Detroit with dealerships around the world, including China. Making a CT5 series is a tale of quality and top performance. The test car averaged 21 mpg
over the week of driving with no speeding tickets. The twin-turbo engine has that deep throat sports car sound in the compact four-door coupe style. Ron Goodman, John Elway’s Cadillac general manager told me Saturday that business is brisk, especially in Escalade sales. The CT5, he explained, looks smaller than it really is, and is almost as large as the historic V8 De Ville lineup. Escalades are so popular he has a number of them on order as people move back into their comfortable safe automobiles. The CT5 has an 8-speed transmission with paddle shifters on the steering wheel. The interior is laden with black leather to match the sinister black appearance that somewhat resembles a police patrol car. Cadillac put a six-year, 70,000-mile warranty on the power train and a bumper to bumper warranty at four years, 50,000 miles. The CT5 rides on 19- inch
pearl/nickel panted wheels and run-flat summer tires. The rear spoiler hints at the high-speed performance displaying those rear twin quad exhaust tips. The sedan has a long list of options from a base price of $47,695. The options include a premium Bose sound system, a navigation package and a series of safety features. The option package is a must buy decision to really enjoy all that this luxury sedan has to offer a driver. Offering LED lighting, Brembo front brakes, all-wheel drive, the CT5 awaits you in the drivers seat. The feel of the leather wrapped steering wheel and the comfort of the lumbar supported seats engage the driver when taking advantage of the available turbo assisted powertrain. I think this could be a very desirable car for a business person to enjoy with a little exuberant taste for luxurious comfort, handling and performance. These may disappear fast at your local dealerships.
GREENWOOD VILLAGE City of Greenwood Village Notice of Proposed Disposition of Unclaimed Property
BID INFORMATION ADVERTISEMENT FOR BIDS
NOTICE IS HERERBY GIVEN that pursuant to Chapter 4-10-120 of the City of Greenwood Village Code, the City has had in its possession the following property for more than 30 days without claim having been:
Notice is hereby given that the City of Greenwood Village, Colorado (the “City”) will receive sealed bids at the Parks, Trails and Recreation front desk at the Greenwood Village Maintenance Facility (10001 East Costilla Avenue, Greenwood Village, Colorado 80112) until 11:00 am on October 22, 2020 for the improvements to the Greenwood Gulch undercrossing on Orchard Road. The scope of the project includes the construction of a grouted boulder drop structure, riprap revetment, a concrete structural channel under the bridge, a concrete pedestrian trail, and lighting under the bridge for the pedestrian trail. An on-site pre-bid meeting will take place on October 16, 2020 at 11 am, starting at Palos Verdes Park (6400 East Orchard Road, Centennial, CO 80111). Parking for the prebid meeting is available adjacent to the park along Orchard Drive and the Greenwood Gulch undercrossing is at the north end of the park. The plans and specifications are available electronically via Rocky Mountain E-Purchasing (www.bidnetdirect.com), which can also be accessed through the Greenwood Village website (www.greenwoodvillage.com/ bids). The City reserves the right to reject any and all bids, and to make final determination in the event of duplications. No bid may be withdrawn for a period of sixty (60) days after the date set for opening thereof.
Property
Owner
Estimated Value
Reason Held
STEVENS 940E 16 GAUGE
UNKNOWN
$100-$500
DISPO
H&R ARMS 922 .22
UNKNOWN
$100-$500
DISPO
BERNARDELLI 80 .22
UNKNOWN
$100-$500
DISPO
JENNINGS BRYCO 59 .22
UNKNOWN
$100-$500
DISPO
DAVIS INDUSTRIES 9380 .380
UNKNOWN
$100-$500
DISPO
SMITH & WESSON H22 .22
UNKNOWN
$100-$500
DISPO
H&R YOUNG AMERICAN .22
UNKNOWN
$100-$500
DISPO
MARLIN 60 SB .22
UNKNOWN
$100-$500
DISPO
MARLIN 336W 30-30
UNKNOWN
$100-$500
DISPO
RUGER P94 9MM
UNKNOWN
$100-$500
DISPO
GLENFIELD 60 .22
UNKNOWN
$100-$500
DISPO
MOSSBERG 500A 12 GAUGE
UNKNOWN
$100-$500
DISPO
RAVEN MP-25 .25
UNKNOWN
$100-$500
DISPO
RUGER P95 9MM
UNKNOWN
$100-$500
DISPO
SPRINGFIELD XD45ACP .45
UNKNOWN
$100-$500
DISPO
GLOCK 21 .45
UNKNOWN
$100-$500
DISPO
SPORT ARMS 38 SPECIAL .38
UNKNOWN
$100-$500
DISPO
CHROME SEMI-AUTO .45
UNKNOWN
$100-$500
DISPO
SIG SAUER P250 .40
UNKNOWN
$100-$500
DISPO
BLACK OPS BB GUN
UNKNOWN
$100-$500
DISPO
GLOCK 22 .40
UNKNOWN
$100-$500
DISPO
COLT OFFICIAL POLICE .38
UNKNOWN
$100-$500
DISPO
WEATHERBY MARK V 7.62
UNKNOWN
$100-$500
DISPO
KELTECH P32 .32
UNKNOWN
$100-$500
DISPO
BERETTA 950BS .25
UNKNOWN
$100-$500
DISPO
If anyone asserts to be the owner of any of the above-mentioned item, inquiry for claim should be made in writing to Joe Bradley, City of Greenwood Village, 6060 South Quebec Street, Greenwood Village, Colorado 801114591, and should contain information identifying the item by a SERIAL NUMBER, COLOR, and/or CERTAIN CHARACTERISTIC MARKINGS OF THE ITEM. If the owner fails to provide Joe Bradley with a written claim for the property within thirty (30) days of the publication of this notice, the items shall become the sole property of the City of Greenwood Village and any claim by the owner to such property shall be deemed forfeited. Published: October. 15th, 2020 Published In: The Villager Susan M. Ortiz, MMC Legal #9913 City Clerk
The City requires a certified or cashier’s check, or a corporate surety bond in the amount of five percent (5%) of the total bid amount before the City can accept or consider any bid. The bid and the deposit shall be filed with the City’s Office, securely sealed and endorsed on the outside with a brief statement as to the nature of the item or work for which the bid is provided. Upon a bid award, such bond shall be returned to the unsuccessful bidder(s). In the case of the successful bidder, the bid bond will be returned upon receipt of the required payment and performance bonds, each in the full amount of the contract price. Bids will be opened publicly at 11:01 am on October 22, 2020 at the Greenwood Village Maintenance Facility and shall be tabulated by the City. Social distancing and face coverings are required for access to the Greenwood Village Maintenance Facility. Any questions regarding the project should be directed to Josh Morin at (303) 708-6113. /s/ Josh Morin Parks Project Manager Published in The Villager First Publication: October 8, 2020 Last Publication: October 15, 2020 Legal # 9897 ___________________________ For Sale The City of Greenwood Village Parks, Trails and Recreation and Police Departments One (1) 1993 T8A Ditch Witch flatbed trailer, 2,000 lbs. One (1) Ditch Witch Model A 222 trencher, excavator combination with 619 hours, est. 1993 One (1) Walk-behind Vermeer TR100 trencher, est. 2003 One (1) MK brick saw (wet saw)
One (1) Red Max hammer drill One (1) 9’ x 13’ screen house Twenty-seven (27) miscellaneous Motorola 2-way radios and miscellaneous chargers Eight (8) folding tables, approximately 5’ x 18” Two (2) 2-drawer vertical file cabinets Two (2) 2-door cabinets Thirty-one (31) wooden doors, various sizes Three (3) metal doors Six (6) 2-drawer lateral metal file cabinets One (1) white metal ring with white stone One (1) white metal ring with clear stone One (1) yellow and white metal chain One (1) yellow metal chain One (1) yellow metal chain with heart pendant and white stones One (1) yellow metal chain with heart pendant and one white stone One (1) yellow metal ring with purple stones One (1) yellow metal necklace with green stone One (1) gold and silver watch, made in Japan One (1) silver colored money clip with the initials AG Two (2) Makita 18-volt drills with batteries, one with charger One (1) Makita 9.6-volt drill with battery One (1) Makita CD1410 battery charger and battery One (1) Kobalt ratchet set in plastic case One (1) pencil sharpener in the shape of a coffee maker One (1) black tool case with screwdrivers One (1) screwdriver set One (1) Skilsaw silver-color saw in black case One (1) orange and black cordless drill with bit extender One (1) black-handled bolt cutter One (1) red tool bag with various tools One (1) red and black 18” bolt cutter Eight (8) ratchet attachments with holding rack One (1) flashlight One (1) Ryobi 18-volt hand drill One (1) blue canvas tool bag One (1) tool set One (1) alpine design metal multitool Three (3) Leviton 3-way heavy-duty light switches One (1) Square D circuit breaker switch One (1) water pressure reducing valve One (1) quarter turn angle valve One (1) quick lock quarter turn angle valve One (1) ¾” MIP x ¾” sweat union One (1) 18-volt compact Ridgid radio One (1) 18-volt 3-piece bare tool kit Ridgid One (1) Defiant motion outdoor security light One (1) Ridgid 100-watt power inverter One (1) Defiant Brandywine collection doorknob and key set One (1) Firm grip 10-pack nitrilecoated gloves, size L One (1) Nite Ize Steelie vent mount kit One (1) Nite Ize Steelie car mount kit One (1) red Milwaukee bag with various tools One (1) Honeywell smart thermostat, sealed with Home Depot tag Three (3) Caseta wireless dimmer kits Two (2) Phillips hue bulb kits One (1) new Stihl chainsaw
One (1) new Makita Sawzall One (1) pair Bushnell binoculars in black case One (1) pair of Milwaukee gloves One (1) portable Bluetooth speakers One (1) Powerboost charger One (1) JBL Bluetooth headphones One (1) hands free car kit One (1) power station Items will be auctioned on October 27, 2020 through Roller Auctioneers at 7500 York Street, Denver, CO 80229. Please direct auction queries to 303-289-1600 or view online at: www.rollerauction.com. If you have any equipment questions, please contact Julie Liggett, Administrative Supervisor, at 303-486-5750 or at jliggett@ greenwoodvillage.com. You may also contact Debbie Armstrong, at 303-486-5759 or at darmstrong@ greenwoodvillage.com. Published in The Villager Published: October 15, 2020 Legal # 9914 ___________________________ NOTICE OF FINAL SETTLEMENT For Greenwood Village Notice is hereby given that the City of Greenwood Village, Colorado will make final payment at the City Hall, 6060 South Quebec Street, Greenwood Village, Colorado 80111-4591 at 4:00 p.m. on October 29, 2020, to Brannan Sand and Gravel Co., for all work done by said contractor for the project called 2020 Pavement Rehabilitation Project, said construction being within the boundaries of the City of Greenwood Village, County of Arapahoe, State of Colorado, subject to prior satisfactory final inspection and acceptance of said work by the City of Greenwood Village. Any person, co-partnership, association of persons, company, or corporation that has furnished labor, materials, provisions, or other supplies used or consumed by such contractor or subcontractors in or about the performance of the work contracted to be done and whose claim therefore has not been paid by the contractor or subcontractors, at any time up to and including time of final settlement for the work contracted to be done, is required to file a verified statement of the amount due and unpaid on account of such claim to the City Manager, City of Greenwood Village, 6060 South Quebec Street, Greenwood Village, Colorado 80111-4591, at or before the time and date hereinabove shown. Failure on the part of any claimant to file such verified statement or claim at any time up to and including the time of final settlement will release said City of Greenwood Village, Colorado, its Council, officers, agents and employees of and from any and all liability for such claim. ATTEST: BY ORDER OF THE CITY COUNCIL CITY OF GREENWOOD VILLAGE, CO /s/ Susan Ortiz, City Clerk /s/ George Lantz, Mayor Published in The Villager First Publication: October 15, 2020 Last Publication: October 22, 2020 Legal # 9915 ___________________________
— End oftoLegals — Continued next page— —
Be safe. Stay Strong.
October 15, 2020 • THE VILLAGER | PAGE 31
Classified Advertising SERVICES
Dependable Yard Work: Modest rates.Friendly and dependable. Local references. Call Greg at 720-404-8032 tfn
Handyman who can do it right the first time. Local repairman. Call Doug at 303-756-5655
HELP WANTED
TransUnion Rental Screening Solutions, Inc. (a wholly owned subsidiary of TransUnion, LLC) seeks SR. DEVELOPERS for Greenwood Village, CO location to independently design, develop & deploy software applications. Master’s in Comp Sci/Comp Eng/any Eng field + 2yrs exp. or Bachelor’s in Comp Sci/Comp Eng/any Eng field + 5yrs exp req’d. Req’d skills: sw dev. exp w/.NET, Visual Studio, C#, ASP.NET, MVC; creating
sw architecture using Web API, Micro Services; XML, HTML, CSS, BootStrap, JavaScript, JQuery, JSON, Knockout JS, WCF, MSMQ, NServiceBus, ADO.NET, Entity Framework, SQL Server, Agile/Scrum, SAFe, TFS, Git, MS Test Cases, NUnit, UML, Rally, Fiddler, Chrome Developer tool. 40% telecommuting permitted. Send resume to: R. Harvey, REF: BSMR, 555 W. Adams St., Chicago, IL o15 60661
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Aurora offices, facilities to close Oct. 16 for employee furlough day The COVID-19 public health crisis has resulted in a significant financial impact to the city of Aurora, with an anticipated $25 million shortfall in 2020 and even more in 2021. The city has taken many steps
Round 2 of Centennial CARES grants available starting Oct. 12
The City of Centennial remains committed to helping our small business community, impacted by COVID-19. Therefore the City, partnership with Arapahoe County has allocated $2 million to provide a second round of Centennial CARES: Small Business Grants. The City began accepting applications, Monday, Oct. 12 through Nov. 12, dependent on grant requests. Grants are available to commercial and home-based businesses. Applications will be reviewed in the order they are received. “The City wants to continue to do what we can to assist our businesses as we all navigate through this unpredictable time. This second round of business grants is available to more businesses than the initial grant program and allows those that have already received funding to apply again in hopes of providing even more support,” says Centennial Mayor Stephanie Piko. “Successful local businesses are vital to the health and well-being of our community and Centennial is hopeful these grants provide some financial support to our business community.” Please note: Businesses that previously received Centennial CARES: Small Business Grants may be eligible to receive this round of grants as well. Also, businesses who did not receive an initial grant may be eligible this round as the eligibility criteria has changed. Additional information is below. To apply and learn more about this second round of CARES grants visit centennialco.gov/caresgrants.
to help offset these major shortfalls, such an implementing a hiring freeze, delaying capital expenditures and projects, reducing contracts and laying off seasonal, temporary and contingent employees who were not working due to COVID-19.
On Oct. 16, city employees will take the second of two 2020 furlough day to further compensate for the shortfalls this year. Most city facilities will be closed, and city employees will not report to work or receive pay. However, all public health and safety services will continue to be fully staffed and provide around-the-clock coverage. Colorado Statewide Classified Advertising Network
To place a 25-word COSCAN Network ad in 91 Colorado newspapers for only $300, contact The Village at 303-773-8313 x301. AUCTIONS WANTED Auction - Buy Battlement Mesa, CO 25+ Properties - Vacant Land Commercial - Development Hunting - Saturday, October 17 @ 11 A.M. Previews: October 7 & 10 BuyBattlementMesa.com 800-485-8214 United Strategic Client Services, LLC - United Country - Colorado Brokers - 2.5% Buyer’s Broker Commission 8% BP, See website for terms
Cash for Mineral Rights Free, no-risk, cash offer. Contact us with the details: Call: 720-988-5617 Write: Minerals, PO BOX 3668, Littleton, CO 80161 Email: opportunity@ecmresourcesinc.com
Colorado Press Network Buy a 25-word statewide classified line ad in newspapers across the state of Colorado for just $300 per week. Ask about our frequency discounts! Contact The Villager at 303-773-8313 x301
NEVER PAINT AGAIN Nationwide Builders is proud to introduce MT. STATES WESTERN EXTREME COMPOSITE SIDING
Be a part of our 2020 Show Homes Campaign and Save! 5 homeowners in this general area will be given the opportunity to have
MT. STATES WESTERN EXTREME COMPOSITE SIDING
Applied to their home with decorative trim at a very low cost. This amazing new product has been engineered specifically to combat the harsh Colorado climate, and eliminates constant painting and maintenance costs. Backed with fade and lifetime material warranty, and providing full insulation, summer and winter, this product can be installed on most types of home. It comes in a wide variety of colors and is now being offered to the local market.Your home can be a showplace in your vicinity. We will make it worth your while if we can use your home.
Financing Available WAC “Offer Limited-CALL NOW!”
INSULATED WINDOWS ALSO AVAILABLE For an appointment, please call toll free:
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MOUNTAIN LIVING IN CASTLE PINES NORTH
Fabulous custom walk-out ranch. Main floor theatre. $1,500,000
NEW LISTINGS o THE PINNACLE IN CASTLE PINES NORTH: MAIN FLOOR MASTER AND THEATRE, SOARING RUSTIC BEAMED CEILINGS, PHENOMENAL WATERFALLS. EXCEPTIONAL QUALITY. $1,500,000. o 5055 S. HOLLY CHERRY HILLS VILLAGE Best Buy. $2,350,000. With $100,000 allowance for additional garages. SOLD. o RANCH NO MAINTENANCE VILLA IN THE MEADOWS AT CASTLE ROCK - $515,000 SOLD. o 467 ADAMS ST. CHERRY CREEK NORTH - Extraordinary custom home, designer perfection, top location and better than new condition. $2,195,000 SOLD. o BACKING TO THE NATURE PRESERVE 4701 PRESERVE PARKWAY NORTH Exceptional Executive home built by Dick Tanner. Extraordinary quality in over 10,000 ft ² of spectacular space, private pool, walkout basement, 2 studies and a guest suite on the main floor. $3,000,000. SOLD. o THE PRESERVE ON OPEN SPACE. 4810 PERRY PARKWAY. Walkout basement, voluminous family room,rare contemporary design by Golden Builders. $1,750,000. SOLD. o SUNDANCE HILLS. BEAUTIFUL REMODEL $785,000 SOLD. o OBSERVATORY PARK - 2475 S. COLUMBINE ST. SOLD $2,000,000 o 37 CHARLOU IN CHERRY HILLS - $1,700,000 SOLD. o 5816 S. VILLAGE WAY - $2,560,000 SOLD o 19 S. FRANKLIN CIRCLE - $3,550,000 SOLD
COMING
o 5775 S FOREST ST, THE PRESERVE. EXQUISITELY UPDATED. QUARTZ COUNTERS, WALKOUT BASEMENT WITH 2 ADDITIONAL BEDROOMS, FABULOUS LOT, TREX DECK. LIGHT AND BRIGHT. $1,739,000 UNDER CONTRACT. o LANDMARK WEST FACING PENTHOUSE TOTALLY REMODELED. $1,040,000 UNDER CONTRACT. o SPECTACULAR CHERRY HILLS WALKOUT RANCH, BACKING TO THE HIGHLINE CANAL. $2,995,000 o o o o o o o o o o o o o o o o o
tfn
SOLD
CHERRY CREEK NORTH $1,595,000 SOLD. BONNIE BRAE CONTEMPORARY - $1,100,000 SOLD. LAKEVIEW AT THE HILLS - $1,050,000 SOLD. 47 CHERRY HILLS FARM. Spectacular remodel. Main Floor Master, Transitional Styling. $2,395,000 SOLD. POLO CLUB NORTH $1,000,000 SOLD. ON THE HIGHLINE CANAL- SOLD - $2,175,000. THE PRESERVE - $1,940,000 SOLD. 1215 S YORK, WASHINGTON PARK - $980,000 SOLD. 4945 S GAYLORD CHERRY HILLS FARM WEST - $2,190,000 SOLD. THE PRESERVE 5402 PRESERVE PKWY N. - $1,699,000. SOLD. PENTHOUSE DENVER ART MUSEUM - $1,150,000 SOLD. THE PRESERVE 5801 S. BIRCH CT. $1,725,000 SOLD. 75 GLENMOOR - $3,550,000 SOLD 2475 S COLUMBINE $1,900,000 37 CHARLOU $1700,000 5816 VILLAGE WAY $2,560,000 19 S FRANKLIN $3,550,000
SOLD 8 CHURCHILL
CHECK OUT MY INDIVIDUAL HOMESITES at www.DenverRealEstate.com E-mail me at emarks@DenverRealEstate.com
#1 DENVER BOARD OF REALTORS 12 YEARS STRAIGHT #44 OF 1,350,000 AGENTS IN THE USA (THE WALL STREET JOURNAL)
PAGE 32 | THE VILLAGER • October 15, 2020
Be safe. Stay Strong.
All the flavors to entice kids. All the nicotine to keep them hooked. E-cigarette makers and vape shops are enticing kids with flavors like cotton candy, gummy bear and bubble gum. And nationally, over 5 million kids are using these flavored e-cigarettes. Vape shops and tobacco companies say their products aren’t ending up in kids’ hands, but that’s just not true. Many retailers still sell to minors, and many of them in Denver even illegally sold products during the COVID-19 shutdown violating emergency orders. Let’s stop pretending vape shops and the industry care about public health or the health of our children. It’s time to stop the sale of flavored tobacco products to protect our kids. Take action now by visiting FlavorsHookKidsDenver.org to tell City Council Member Kendra Black to end the sale of all flavored tobacco products, including e-cigarettes.
Paid for by Tobacco-Free Kids Action Fund