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Colorado legislature: Same-sex marriage amendment to go to voters; Senate passes oil and gas measures

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The Colorado legislature convened Saturday for a final weekend of work in its 2024 session, which is set to end Wednesday. Major pieces of legislation are still pending, with lawmakers expected to debate gun regulations, housing, land-use policy, transportation, property tax reform and other priorities in the final days.

This story will be updated throughout the day.

Updated at 5:25 p.m.: A proposed excise tax on guns and ammunition to pay for victim services cleared a key Senate committee Saturday afternoon after Democrats turned on their own over its movement through the chamber.

The measure would create a 6.5% tax on gun and ammo dealers and raise an expected $39 million a year, according to sponsor Sen. Chris Hansen, a Denver Democrat.

Hansen and Sen. Janet Buckner, an Aurora Democrat and fellow bill sponsor, lowered the amount of the tax to ease concerns that it burdened lawful gun owners and made them pay for crimes committed by other people.

But along the way, the Democratic Women’s Caucus of Colorado criticized Sen. Kyle Mullica, the chair of the Senate Finance Committee, and accused him of holding up the bill and threatening its passage. Mullica vehemently disputed the characterization and called the letter full of “falsehoods” about the negotiations.

Mullica supported the amendment and the bill. He praised the advocates and sponsors, and the need to fund victim services and behavioral health programs with the tax. He said the letter was “not a helpful thing” as they worked through amendments.

The letter stated, “It is not acceptable that Sen. Mullica could single-handedly prevent the people of Colorado from weighing in on this critical issue” and called on him “to be in solidarity” with families facing domestic violence.

The amendment, passed Saturday, doesn’t guarantee smooth sailing for the proposal. It stripped out a provision guaranteeing money for school security — raising the hackles of Republican Sen. Kevin Van Winkle, who promised “vigorous” debate on the Senate floor if it isn’t replaced. It’s a potent threat in the final days of the legislature as lawmakers race the calendar to pass their priority bills.

If the bill passes the Senate, it will need to be reconciled with the version that passed the House earlier this session. Voters would ultimately need to approve it in November.

Updated at 1:30 p.m.: A proposed Constitutional amendment to remove defunct language banning same-sex marriage will go to voters this November after a referred measure passed the Colorado House on Saturday.

The proposed amendment would remove a ban approved by voters in 2006. It has been unenforceable since 2015, when the U.S. Supreme Court legalized same-sex marriage nationwide with its ruling in Obergefell v. Hodges. A majority of voters will need to approve the proposal this November for it to take effect.

Senate Concurrent Resolution 3 needed at least two-thirds support in each chamber to pass. It passed with bipartisan support in the Senate but near party lines in the House, where Democrats hold a supermajority.

The Senate formally passed Saturday a bill to limit minimum parking requirements near transit areas. House Bill 1304 was substantially amended from its more expansive introduced version to overcome filibuster threats from Democrats and Republicans. The House and Senate will need to agree on changes before it goes to the governor’s desk. It is one of the suite of bills aimed at increasing density and public transit working its way through the legislature. Advocates argue this bill will remove costly parking spots and increase affordable housing construction.

The Senate also formally passed a pair of bills to reduce emissions from oil and gas production and levy a per-barrel fee to pay for transit and wildlife habitat. The bills were introduced this week, with the aim of easing simmering tensions between environmental groups, legislators and the industry and dueling legislation and ballot initiatives affecting the industry. They will now go to the House for consideration. The proposals will need to pass by Wednesday, when the legislature will adjourn.

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