State Rep. Elisabeth Epps attended her first House floor session in person Friday —45 days into the legislative session — after asking Democratic leadership in the chamber in mid-January for permission to participate remotely “indefinitely, unfortunately” because she said she’s “experiencing an extended health condition.”
That’s according to a Colorado Sun review of House journals, as well as an examination of emails and texts between the Denver Democrat and House leadership and staff obtained by The Sun through an open records request.
Epps didn’t disclose what her health condition is in requesting remote participation, but her first day of in-person House floor attendance came a day after The Sun asked her about her absence. She refused to answer.
Epps was back on the floor Monday and Tuesday, too.
Why it matters: Representatives participating in House floor work remotely may only vote and present their own bills. They can’t debate legislation or offer amendments.
State Rep. Stephanie Luck, R-Penrose, also participated remotely in House floor work or was excused from the beginning of the session through Thursday after having a baby in January. She said showing up makes a big difference, especially because remote attendance makes it impossible to engage in debate.
“There is no real comparison,” said Luck, who continued participating remotely on Friday and Monday.
Epps has attended at least four meetings in person of the House State, Civic, Military and Veterans Affairs Committee — the only non-year-round committee she’s assigned to — while otherwise participating remotely in the panel’s gatherings. She didn’t claim any per diem pay, an allowance intended to cover expenses incurred during legislative work, in January.
Epps was at the Capitol on Thursday after participating in that morning’s floor session remotely. A Sun reporter approached her by the elevators on the third floor and asked her several times how not appearing in person on the floor for debate may affect her ability to represent her constituents in Denver’s House District 6.
Epps didn’t respond, instead staring silently at the reporter before getting in an elevator.
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MORE: There have been other examples of lawmakers participating remotely in House or Senate floor work or being excused for extended periods of time for personal reasons. Democratic Rep. Tisha Mauro, of Pueblo, was dealing with an illness last year and was frequently a remote participant, while Sen. Jessie Danielson, D-Wheat Ridge, was on maternity leave for several weeks during the 2022 session.
But Epps’ absence from the House floor this year also follows an outburst during the special legislative session in November, an incident that served to further isolate her from her colleagues.
On the final day of the special session, Epps left the House floor and joined pro-Palestinian protesters in the chamber’s gallery who were calling for a ceasefire in the war between Israel and Hamas. She then proceeded to shout during a speech delivered by Republican Rep. Ron Weinberg, who is Jewish. Weinberg was responding to Epps’ remarks earlier that day in support of Palestinians and in opposition to the Israeli military’s response to Hamas’ Oct. 7 attack that sparked the ongoing conflict.
In January, House Speaker Julie McCluskie, D-Dillon, sent a formal letter of reprimand to Epps, saying she violated six House rules during the outburst and that Epps had been “significantly disruptive to House business, causing extensive delays to the completion of legislative proceedings.” McCluskie also previously removed Epps from the House Judiciary Committee, one of the legislature’s most prestigious panels.
Tension between Epps and McCluskie has been high since last year, long before the special session.
Epps posted on social media about what she alleged was McCluskie’s “gatekeeping” on a bill that would have banned the sale and transfer of a large swath of semi-automatic firearms, defined in the measure as assault weapons. Epps also sued McCluskie and both House caucuses over alleged violations of the state’s open meetings laws. The case resulted in a settlement.
Emails and texts between Epps and McCluskie from March through the end of January revealed just how fraught the relationship between the two has been.
In March, Epps sent McCluskie emails questioning whether legislative leaders met to discuss her gun bill and whether such meetings should have been noticed under Colorado’s open meetings laws. The bill was rejected by a House committee that same month.
Epps replied to the January reprimand with an email to McCluskie saying “Free Palestine.🇵🇸❤️🍉”. In another email to McCluskie, Epps called her removal from the House Judiciary Committee “racist and retaliatory.”
McCluskie wrote in a Nov. 18 text to Epps that it was her understanding the representative didn’t want to meet with her in person so she would limit their communications to email.
While McCluskie provided her digital exchanges with Epps to The Sun at no cost, legislative staff estimated it would cost about $812 to review Epps’ digital communications with McCluskie and House Majority Monica Duran, D-Arvada, dating back to January 2023. The Sun opted not to pay.
ADDENDUM: The Democratic-controlled House Finance Committee late Monday overwhelmingly rejected a bill sponsored by Epps that would have repealed Colorado’s 2016 law prohibiting the Public Employees’ Retirement Association from investing in companies that boycott Israel.
The vote was 10-1. Only Democratic Rep. Lorena Garcia of Adams County voted “yes” on the measure.
Testimony on House Bill 1169 lasted well over four hours.
WHAT TO WATCH THIS WEEK
MORE: Haley on Monday announced her Colorado leadership team. It includes:
CHART OF THE WEEK
Coloradans donated $4.8 million to presidential candidates from January 2023 through the end of January.
President Joe Biden received the most money from Colorado donors, at $1.3 million.
Former President Donald Trump and former U.N. Ambassador Nikki Haley, both Republicans, received the second and third most, respectively, each raising just over $1 million from Coloradans.
Independent candidate Robert F. Kennedy Jr. raised the fourth most, at $461,000.
The average donations from Coloradans to Trump and Haley were $38 and $96, respectively, compared with an average of $248 for Biden.
For comparison: Six presidential candidates raised about $9.4 million from Colorado donors during the same time period during the 2020 election cycle.
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THE POLITICAL TICKER
REPUBLICANS: Colorado GOP Chairman Dave Williams continued to use the state party’s email list to his personal benefit Monday by sending out a missive encouraging people not to donate to one of his opponents in the Republican primary for the 5th Congressional District. “Don’t give AFP or Jeff Crank your money or contact information,” the email said. Crank, a conservative commentator, was endorsed last week by AFP — Americans For Prosperity Action.
ELECTION 2024: Republican Floyd Trujillo, a Douglas County businessman and Marine veteran who ran unsuccessfully for U.S. Senate in 2014, has jumped into the race to represent Colorado’s 4th Congressional District. Trujillo was the Hispanic co-chair of Donald Trump’s 2016 campaign in Colorado.
CONGRESS: U.S. Rep. Ken Buck, R-Windsor, on Monday introduced a resolution urging Vice President Kamala Harris and members of President Joe Biden’s cabinet to invoke the 25th Amendment to remove Biden from the White House. “President Biden is no longer fit to successfully discharge the critical duties of his office,” Buck, who is retiring at the end of his term, said in a written statement. The resolution may pass the GOP-controlled House, but it will certainly fail if it makes it to the Democratic-controlled Senate.
CAMPAIGN FINANCE: Democratic U.S. Sen. John Hickenlooper isn’t up for reelection until 2026, but he became a part of a fourth joint fundraising committee last week. Donations to Blue Spruce Victory Fund will be divided between Hickenlooper’s campaign and the Democratic Senatorial Campaign Committee.
STORY: Colorado has hit 80% of its goal to cut greenhouse gases — but it must double down to reach 100%
THE SUMMIT DAILY: Colorado Democrats are pursuing bills to reshape the housing landscape — just not in ski towns
THE DENVER POST: Colorado could allow more single-stair apartment buildings, but fire chiefs worry about safety
COLORADO PUBLIC RADIO: State launches first-ever firearm data dashboard meant to help Coloradans better understand gun violence, prevention
KUNC: How migrants navigate the complicated journey from Venezuela to Colorado schools
THE MONTROSE DAILY PRESS: Adam Frisch sings same tune despite change in opponent
GRAND JUNCTION SENTINEL: Former lawmaker given more time for uranium mine reclamation work
PBS12: Jesse was on Colorado Inside Out on Friday
BLAST FROM THE PAST
Capitol Republicans are blasting Dems over their short-term rental tax proposal. A GOP senator first floated the idea.
The Colorado Senate GOP caucus released a video last week featuring Sen. Larry Liston of Colorado Springs blasting Democrats for their attempt to increase property taxes on homes in the state that are used as short-term rentals.
“The ramifications of this bill are going to prove disastrous for Coloradans and our state’s tourism industry,” Liston says in the video.
But we remember the lawmaker who was the first to propose a bill increasing property taxes on short-term rental properties: Sen. Bob Gardner, a Republican.
In 2020, Gardner introduced a bill that would have quadrupled the taxes on homes offered as short-term rentals and occupied by their owners for fewer than 30 days per year by assessing them at the much higher commercial rate instead of the residential rate.
The highly controversial measure, Senate Bill 109, died in its first committee hearing, but Gardner said it succeeded in that he wanted to start a conversation about how short-term rentals should be taxed.
Gardner said back in 2020 that he thought it was unfair that the state was assessing hotels and bed and breakfasts at the commercial rate while short-term rentals were paying much less in property taxes. “I just have a strong belief that we ought to do something that’s consistent and equitable,” he said at the time.
The Colorado Springs lawmaker also said in 2020 that short-term rentals were likely contributing to the state’s affordable housing problem.
Sound familiar?
Those are some of the same arguments Democrats are now employing to try to impose the commercial assessment on some homes used as short-term rentals. One big difference between how Gardner and Democratic supporters of the proposal see things: Democrats want to use the increase to boost funding for schools and local governments while Gardner was more interested in leveling the free-market playing field.
THE BIGGER PICTURE
Corrections & Clarifications
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