Colorado LegiSource

An informational and educational resource for the Colorado General Assembly by the Office of Legislative Legal Services.

Year: 2024

  • Happy New Year!

    Happy New Year!

    We wish you a happy and healthy 2025.

    The First Regular Session of the Seventy-fifth General Assembly will convene at 10 a.m. on Wednesday, January 8.

  • A Holiday Message

    Wishing you a safe and happy holiday season!

    (Denver Mile High Tree, inside)

  • Plans Continue for Sand Creek Memorial Near Capitol West Steps

    by Richard Sweetman

    On June 25, 2020, protesters pulled down the statue of the civil war soldier that stood atop the pedestal monument near the west steps of the Colorado capitol. Since that day, legislators and members of the American Indian community have discussed a replacement monument. But, to this day, the space where the civil war soldier statue once stood remains empty.

    The original plan to replace the civil war soldier with a statue of an American Indian woman mourning the events of the Sand Creek massacre was approved by the Capitol Building Advisory Committee in November 2020. The Committee based its decision on a seven-inch prototype of a statue by the artist Harvey Pratt.

    In March 2022, however, more than a year after the Capitol Building Advisory Committee sent its recommendation to Capital Development Committee, Mr. Pratt withdrew his statue from consideration. Representatives of the Northern Cheyenne and Northern Arapahoe tribes asked Mr. Pratt to make modifications to his design, and the artist declined their request. This development sent the proponents of the new monument back to the drawing board.

    On May 17, 2024, the Capitol Building Advisory Committee met again and heard testimony from the tribes’ representatives regarding the status of the memorial. During the meeting, the representatives announced that they had agreed upon a new design. A team of four individuals, including a representative from each of the two tribes, a Denver sculptor, and a project architect from the University of Denver collaborated to develop a new concept and enlist a new sculptor to execute it.

    The supporters of the new design described the proposed new sculpture as a bronze structure in the likeness of a tepee, with visible poles, to be placed on the ground rather than upon a pedestal. The new monument would be placed on a circular pad on the site of the former monument.

    The proponents estimated the cost of the new monument at somewhere between $200,000 and $300,000. They expressed their hope that the One Earth Foundation would pay the bulk of this amount, but they also indicated their hope that the Capital Development Committee and the legislature will chip in some portion of the costs to pay for site preparation.

    On November 15, 2024, the proponents appeared again before the Capitol Building Advisory Committee to share a miniature prototype of the new monument. Sculptor Gerald Shippen presented a slide show that displayed the prototype from various angles and perspectives. The planned monument will depict three Native American figures standing before a tepee without any walls — only poles. The figures will be larger than life — about seven feet tall — and the poles of the skeletal tepee will be approximately 23 feet high.

    The prototype of the monument depicts an American flag hanging from the highest tepee pole, but according to Mr. Shippen, the plan is to incorporate this design element only on special occasions. For example, when the tribes hold the annual Sand Creek Massacre Spiritual Healing Run, the tribal runners will approach the west steps of the capitol and lay a ceremonial lodge pole on the tepee. The lodge pole will display a United States flag and a white flag of peace, which were the flags that Chief Black Kettle of the Southern Cheyenne had displayed on his tent on the day of the Massacre.

    The Committee voted unanimously to approve the design and recommend it to the Capitol Development Committee.

  • Back to the Basics: Bill Sponsorship Overview

    Editor’s Note: This article was originally written by Jennifer Gilroy, Michael Dohr, and Jessica Chapman and published on December 15, 2022. The article has been edited and updated.

    by Alana Rosen

    Bill drafting season is well underway at the Office of Legislative Legal Services, which means now is probably a good time to review some of the basics of bill sponsorship.

    Prime Sponsorship Basics

    Prime Sponsorship – First Chamber. The legislator who introduces and carries a bill is called the prime sponsor of the bill. Bills cannot be introduced without a prime sponsor. In both the House and the Senate, the prime sponsor (and joint prime sponsor if there is one) is responsible for explaining the bill in committee and in debate on the House or Senate floor. A prime sponsor also typically arranges for witnesses to testify in favor of the bill in committee.

    A legislator can be the first prime sponsor or joint prime sponsor for only five bills, unless the legislator has special permission from the Committee on Delayed Bills (also known as leadership) to carry more. But a legislator can agree to be the prime sponsor or joint prime sponsor of a bill in the second chamber on as many bills as the legislator wants.

    Prime Sponsorship – Second Chamber. The prime sponsor in the first chamber (also known as the house of introduction) is responsible for asking a legislator in the second (or opposite) chamber to carry the bill in the second chamber. The prime sponsor in the first chamber does not have to identify a prime sponsor in the second chamber before the bill is introduced in the first chamber, but the bill must have a prime sponsor in the second chamber before the bill can be heard on third reading in the first chamber.

    Before a bill can move to the second chamber, the prime sponsor in the second chamber must inform the House Chief Clerk or the Secretary of the Senate of that legislator’s intent to serve as the prime sponsor in the second chamber. Prime sponsors’ names in both chambers are listed on the bill in bold text.

    Joint Prime Sponsorship Basics

    Joint Prime Sponsorship. When two legislators in one chamber want to carry a bill together, they are referred to as joint prime sponsors. A bill that has joint prime sponsors in one chamber may or may not have joint prime sponsors in the other chamber. The rules for joint prime sponsorship are similar for the House (House Rule 27A(b)) and the Senate (Senate Rule 24A(b)).

    For legislators who joint prime sponsor a bill in the first chamber, the joint prime sponsorship counts against both legislators’ five-bill limit. Both joint prime sponsors must verify their desire to be joint prime sponsors. A legislator cannot be added as a joint prime sponsor in the first chamber if that legislator has already submitted five bill requests, unless that legislator has received permission from leadership. The prime sponsor in the first chamber must notify the House Chief Clerk or the Secretary of the Senate, as appropriate, of any changes in bill sponsorship so that the changes are reflected in subsequent versions of the bill.

    Joint prime sponsorship does not count against the five-bill limit for either legislator in the second chamber. Again, both joint prime sponsors must verify their desire to be joint prime sponsors.

    Joint prime sponsors are typically determined prior to the bill’s introduction. However, in limited circumstances, joint prime sponsors may be added or changed after introduction immediately after second reading but prior to adoption of the bill on third reading. The House and Senate front desk staff can help with this process.

    Sponsorship and Co-sponsorship Basics

    Sponsorship and Co-sponsorship. When legislators want to show support for a bill, but not take on the responsibility of actually carrying the bill, they may sign on as sponsors or co-sponsors of the bill. If a legislator adds their name to a bill before it is introduced, the legislator is a sponsor of the bill. If a legislator adds their name to a bill after it is introduced, the legislator is referred to as a co-sponsor. Co-sponsors are added immediately following adoption of a bill on third reading. Sponsorship or co-sponsorship does not count against the legislator’s five-bill limit.

    Bill Sponsor FAQs:

    1. How do I add sponsors to my bill before it is introduced?

          You may add prime sponsors, joint prime sponsors, and sponsors in two ways if the bill is still in the Office’s possession:

          • Before your bill is introduced, you, the bill sponsor, may notify the drafter in person, by phone, or by email that you would like to add a legislator as a prime sponsor, joint prime sponsor, or sponsor to your bill. To add a prime sponsor or joint prime sponsor, the drafter will need permission from both you and the legislator who will be added as the prime sponsor or joint prime sponsor. This process is referred to as “sponsorship verification”. Please remember that if the joint prime sponsor in the first chamber has already requested or introduced five bills, that joint prime sponsor must obtain delayed bill permission from the appropriate Committee on Delayed Bills. To add a sponsor, the drafter will need permission only from the legislator being added as a sponsor. Please give your drafter ample time to verify prime sponsorship, joint prime sponsorship, or sponsorship before the bill is scheduled to be filed for introduction.
          • Before your bill is introduced, you can also invite other legislators to sponsor your bill via the Electronic Sponsorship feature in iLegislate. Electronic Sponsorship operates similarly to an Evite: You may invite legislators to sponsor your bills and you may share draft files with them. Those legislators may choose whether they want to be a sponsor on your bill.

          Once your bill is delivered by the Office to your chamber’s front desk, the Office cannot add any more sponsors. In special circumstances, the House or Senate front desk staff may be able to add sponsors before a bill is printed, but you must contact your chamber’s front desk staff to see if this special circumstance exists.

          The Office will deliver your prefile bill (your first bill to be introduced) directly to the House or Senate front desk because that bill must be ready for introduction on the first day of session. The Office will deliver your other bills to the front desk or to you, as you direct. Do not contact the Office to add sponsors after your bill has been delivered to the front desk or to you. Once a bill is delivered, all sponsor additions or changes must go through House or Senate staff.

          2. How do I add sponsors to my bill after it is delivered for introduction?

          If you direct the drafter to deliver your bill (other than your prefile bill) to you personally and not your chamber’s front desk, Office staff will give the bill to the sergeants who will then deliver it to you. If the bill is delivered to you prior to its introduction deadline you can show it to other legislators and have them sign the sponsor form attached to the bill or go through iLegislate. The bill delivered to you will include a sponsor form stapled to a heavier sheet of green paper (if you’re a Representative) or cream-colored paper (if you’re a Senator). This is called a bill back. Please do not separate the bill from the bill back and sponsor form.

          After you give the bill back (and attachments) to the House or Senate front desk staff, the House or Senate front desk staff will review the sponsor form and add the names of those legislators who have signed the form indicating their desire to be sponsors of your bill. These sponsor names will appear on the introduced version of the bill. Sponsors cannot be added to your bill after the House or Senate front desk staff have submitted it for printing. After your bill has been introduced, however, other legislators may add their names as co-sponsors following passage of your bill on third reading.

          Feel free to contact the Office staff, your drafters, or the House and Senate front desks with any questions regarding bill sponsorship. You may contact Office staff to inquire about sponsorship prior to the delivery of your bill to the House or Senate for introduction, at (303) 866-2045 or olls.ga@coleg.gov. Once your bill has been delivered for introduction, you may contact the House or Senate front desk staff with your sponsorship questions.

        1. Happy Thanksgiving!

           

           

          Happy Thanksgiving from the Office of Legislative Legal Services 

        2. OLLS’s Resident Birder Takes Flight as New Revisor

          Would becoming only the third Revisor of Statutes in the history of the Office of Legislative Legal Services be better than, for instance, spotting the “striking and unmistakable” Yellow-bellied Sapsucker and hearing its Morse-code-like drumming? You’d have to ask Yelana Love, who, on October 14, 2024, succeeded Jennifer Gilroy in the position.

          In her decade as an attorney with the office, Yelana has developed extensive expertise in areas of the law that include labor and employment, health care, professions and occupations, and alcohol beverage regulation. As members of the General Assembly and her coworkers will tell you, she is known for her competence, grace, confidence, and kindness. Very little ruffles her: she is detail-oriented, methodical, and organized—traits that have served her well as she’s watched for White-tailed Ptarmigans and will continue to serve her well as the Revisor of Statutes.

          As an ambassador of the office, Yelana has also served on the Colorado Commission on Uniform State Laws, and she is currently a member of the Uniform Law Commission’s Drafting Committee on Occupational Licenses of Servicemembers and Military Spouses.

          Beyond her important drafting work, Yelana has helped members, leadership staff, and office attorneys navigate the sunset process and has worked with members and their aides to respond to Colorado Open Records Act requests. She always has her binoculars on and her “Field Guide to Legislative Drafting Offices of North America” open as she plans for the office’s future, contributes to the professional development programming that benefits attorneys and other staff, and listens to and supports her coworkers.

          Whether she’s working with leadership on the floor of the Senate, scoping orchestras of Avocets or exaltations of Larks on her travels, or offering to help a coworker recodify an article of the Colorado Revised Statutes, Yelana’s dedication and intelligence sing (whether like a Hermit Thrush or Winter Wren, she would know best).

          The work of the Revisor of Statutes greatly aids the office’s prime directive: to serve the General Assembly and the citizens of this state and to forward the cause of effective self-government. And the feather in the Revisor’s cap is the Colorado Revised Statutes. Under the guidance of the Committee on Legal Services and with the help of the office’s capable staff, the Revisor prepares for publication:

          • The Colorado Revised Statutes and the history of those laws so that the public can understand how they’ve been changed;
          • Annotations, or helpful explanations, of state and federal court decisions relating to the law;
          • The rules of civil and criminal procedure; and
          • Many more important documents, as outlined in article 5 of title 2 of the Colorado Revised Statutes.

          Life is a balance of holding on to the branch and letting it go. As Yelana Love does both this fall, please join us in congratulating her on her appointment as Revisor of Statutes. We have no doubt she will take to the role like a Northern Shoveler does to water.

        3. Session Deadlines Reminder: They Have Changed

          Session Deadlines Reminder: They Have Changed

          by Michael Dohr

          For a casual observer of the Colorado General Assembly, the process may seem chaotic and disorganized, and seasoned veterans of the General Assembly can attest to the chaos and uncertainty. But behind the constant hive of activity, there are rules intended to keep the General Assembly on track to sine die. Those rules include deadlines that determine when bills must be requested, introduced, heard in committee, considered on the floor, and ultimately passed. Did you know those deadlines changed in the 2024 session?

          During the 2024 session, the General Assembly adopted SJR 24-001, Changes to the Deadline Schedule. Prior to 2024, the deadlines had not changed for decades, but the way the General Assembly operates has changed, and the former deadlines became a mismatch for the current General Assembly. One of the most notable changes in the General Assembly’s operation was the introduction of SMART act hearings at which the committees of reference hear presentations from the departments and agencies that each committee oversees and from stakeholders that frequently appear before the committee.

          From 2014 to 2019, the SMART act hearings were held in December before a new session would begin. Since 2020, the SMART act hearings have been held during the first two weeks of session. The result was the General Assembly was usually not hearing bills when SMART act hearings were conducted. But according to the old deadlines, three-fifths of the bills were supposed to be introduced by the seventh day of session. That meant there were a lot of introduced bills, but no committees to hear them. It also meant that a lot of bills received introduction deadline extensions. SJR 24-001 aimed to change that.

          SJR 24-001 changed the deadlines for when bills needed to be introduced. Each session, each member may introduce five bills unless granted additional bills. The five bills are designated as 1 prefile bill, 2 early bills, and 2 regular bills. This chart shows how the introduction deadlines changed.

           Old DeadlineNew Deadline
          Prefile BillDay 1Day 1
          Senate 2 Early BillsDay 3Day 10
          House 2 Early BillsDay 7Day 17
          Senate 2 Regular BillsDay 17Day 24
          House 2 Regular BillsDay 22Day 31

          The changes resulted in spreading out the introduction of early and regular bills to four consecutive Fridays with all the bills introduced within the first month of session. The previous deadline schedule was more compact with all the bills introduced within almost the first three weeks and had some deadlines within the same week. The change in the deadlines in 2024 gave members and Office of Legislative Legal Service attorneys more time to work on the bills before introduction, which resulted in more bills being introduced within the deadlines and fewer deadline extensions being granted.

          With later introduction deadlines, the deadlines for committees to hear bills and for bills to be considered on the floor had to change as well. For example, the deadline for committees to hear bills in the first house, other than the appropriations committee, was extended 15 days. Correspondingly, the time for each house to pass its bills on the floor was extended by 16 days.

          With all the changes, you may wonder if any of the deadlines stayed the same. Some did. The deadlines for submitting bill requests and the deadlines related to the introduction, consideration, and passage of the long bill did not change. The deadline to request and introduce resolutions and memorials also remained the same. The bill to fund public schools also still must be passed by the 101st legislative day.

          With fewer individual deadline extensions needed in 2024, it appears SJR 24-001 resulted in a bit of a smoother session. We will see in the coming sessions whether the deadline changes result in a more serene 120 days of legislative activity.

          Click here for the deadline schedule for the 2025 Colorado General Assembly.

        4. The OLLS’s Guardian of the Statutes is Retiring

          by Jessica Wigent

          When legislators and former and current coworkers throughout Gotham the capitol building speak of Jennifer Gilroy, they tell of her marvel-ous superpowers as a fierce defender (of the integrity of the Colorado Revised Statutes), a protector and guardian (of legislative history), and a superintelligent expert (in legislative rules and ethics).

          Yet, after 32 years with the Office of Legislative Legal Services, on October 15, 2024, Jennifer Gilroy hung up her cape retired her title of Revisor of Statutes.

          While her origin story as an attorney begins in private practice, Jennifer eventually joined the rogues’ esquires’ gallery of the office in 1992, where she has been a major contributor to its success and, in turn, the accomplishments of the General Assembly.

          She first started with the Judiciary, Health, and Welfare Team, drafting in the areas of family law, criminal law, and human services. While there, her reputation for dependability and attention to detail and her sharp weapons legal skills and commitment to serving and supporting her colleagues and the members of the General Assembly solidified her role as the archetype of a superhero drafter. With her ability to telepathically agilely communicate, she capably translated the members’ ideas into well-crafted legislation.

          As her tenure increased, so did the breadth and complexity of her pursuits and the duties assigned to her. After just two legislative sessions (and with a lasso) under her belt, she was selected as one of the drafters to substantively recodify the Colorado Children’s Code. This mighty and bold task was so extensive and complicated, the herculean effort involved a statutorily created six-member Legislative Oversight Committee, a 24-member recodification task force, four office attorneys, one legislative editor, three Legislative Council staffers, two legislative interims, two legislative sessions, and a number of bills.

          Not surprisingly, Jennifer not only survived but thrived in completing this and many other dangerous formidable assignments while continuing to excel in her everyday work for the office. In 1999, she and Julie Pelegrin were named co-titans co-team leaders of the Civil and Criminal Law, Education, and Human Services Team (codename: the LAW Team).

          Only five years later, on March 26, 2004, Charlie Pike, then-director of the office, appointed Jennifer to serve as the Revisor of Statutes—a role that she also held under the next three directors. With great power comes great responsibility, and for 20 years she has admirably met the challenges of overseeing the many publications of the office, the enactment of the laws of Colorado each session, the execution of important contracts, and waves of other special responsibilities.

          Among her many superabilities, for two decades she has ensured that the Colorado Revised Statutes and Session Laws were published with fidelity and were of the highest quality. Each year, under the supervision and direction of the Committee on Legal Services, and with vital assistance from her trusted sidekicks and associates on the Publications Team and throughout the office, she tackled villainous inconsistencies and rid the statutes of destructively defective structures.

          In 2016, Jennifer played a leading role in increasing public access to the online versions of the statutes. She also worked for years alongside her assistant, Nate Carr, to help protect and preserve the legislative historic book collection, rescuing this important history from the damp, dusty bowels of the capitol basement. Aly Jabrocki, who would become the state archivist, also played a part in safeguarding these important materials, the proof of our progress as a state, from theft and destruction.

          Regardless of the challenge, Jennifer has always performed to the highest standards of excellence.

          If you needed to figure out a complicated conflict between two bills that amended the same statute or the wording for a tricky effective date clause, she’d have your answer in a flash.

          Didn’t understand that legislative rule? A quick phone call and she’d be flying from her office to the chamber floor to wade into the murky language and save the day. As Minority Leader Paul Lundeen said on the floor of the Senate earlier this year, Jennifer toiled to ensure that lawmakers “could find that straight and narrow path, apply the rules to get to the best rule of law and governance.”

          After the passage of Amendment 41 in 2006, legislators needed someone to help them navigate the new constitutional gift ban and the complicated rules of serving as an elected official subject to public scrutiny. Jennifer rose to the occasion, working tirelessly to provide ethics advice for countless legislators regarding compliance with constitutional, statutory, and rule-based ethics requirements.

          Recognized as a “most trusted ethics advisor” by the members of the General Assembly, leaders of both parties sang her praises in August of 2024. As Assistant Minority Leader Bob Gardner noted on the Senate floor, when he came upon a potential ethical issue, he would often send out his version of the bat signal and say “Find Jennifer Gilroy” because he needed a “trusted advisor.” Senator Gardner sang her praises, telling Jennifer: “I’m a better lawyer because of you.” In the House of Representatives, Speaker Julie McCluskie described Jennifer as “the most at-the-ready, eager-to-help, kind, and gentle part of our team when it comes to a question around ethics,” and Majority Leader Monica Duran called her “calm, steadfast, professional in the most stressful of situations.”

          Even now, as Jennifer prepares to pass the torch to Yelana Love, she continues working on a vital project, an in-house, innovative creation of new technology to publish the Colorado Revised Statutes called XDOME,[1] which will ensure that the office is prepared to meet the ever-modernizing field of publications.

          As one endgame approaches and new multiverses adventures beckon, thank you, Jennifer, for sharing your superpowers of generosity and selflessness. Your door was always open, and from behind it, you and your stylish sunshine saved many a day, a bill, and more. You have given your time, energy, and talents to your colleagues, to the General Assembly and all who work for it and in it, and to the state of Colorado for more than three decades, and we, to paraphrase Senator Gardner, are better for it.

          [1] The Colorado Revised Statutes XML Data Operations and Management Enhancement Project

        5. 2024 Interim Committee Recap – Part 2

          This is the second of two articles summarizing this year’s interim committee actions. Since the end of the last legislative session several legislative committees held public meetings to discuss topics relevant to Colorado and to recommend legislation to the Legislative Council for approval for introduction in 2025. As mentioned in the first part of this series posted last week, this article contains the summaries of the last five of 10 committees and their recommended legislation. The Legislative Council met on Tuesday, October 15, to review interim committee legislation proposals. Click here to listen to the Legislative Council meeting.

          Cell Phone Connectivity Interim Committee

          The committee met four times and attended two field trips during the interim. It heard presentations from members of the telecommunications industry, including the Wireless Infrastructure Association, the Colorado Telecommunications Association, and the Colorado Communications and Utility Alliance. The committee had four bills drafted and recommended the following three bills to the Legislative Council:

          • Bill A – Single Point of Contact Wireless Services. The bill requires the Division of Homeland Security and Emergency Management in the Department of Public Safety to develop a single point of contact within the division to help ensure statewide coverage of the integrated public alert and warning system for wireless emergency alerts and the emergency alert system, provide technical assistance, and offer recommendations to improve current wireless alert systems in Colorado that address language and access needs.
          • Bill B – Wireless Telephone Infrastructure Deployment Incentives. The bill requires the Colorado broadband office to implement a wireless telephone infrastructure grant program.
          • Bill C – Local Government Permitting Wireless Telecom Facilities. The bill establishes requirements relating to a local government’s approval of an application by a telecommunications provider for the siting and construction of a new wireless telecommunications facility or for the substantial change of an existing wireless telecommunications facility.

          Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems

          The committee met three times during the 2024 interim and heard presentations from the task force and the Behavioral Health Administration. The committee requested five bills to be drafted and recommended all five bills to the Legislative Council for consideration:

          • Bill A – Deflection Supports Justice-Involved Youth. The bill makes changes to the youthful offender system related to housing arrangements and equitable treatment for youthful offenders; rehabilitative treatment and life skills programming; and clinician evaluations, tailored treatment plans, and client managers. It applies the standards for determining competency in juvenile delinquency cases to juveniles who have charges directly filed against them in adult court, juveniles whose cases are transferred to adult court, or juveniles subject to concurrent court jurisdiction. The bill imposes certain limitations on a case management plan’s contents, makes some sentencing requirements, and creates a grant program to provide defection services.
          • Bill B – Behavioral Health Crisis Response Recommendations. The bill requires the a stakeholder group be convened to identify and compile a list of existing resources and model programs that communities throughout Colorado utilize when responding to behavioral health crises and to make the resources and information about the model programs publicly available. It requires the Department of Health Care Policy and Financing, the Department of Public Health and Environment, and the Behavioral Health Administration to provide information to the General Assembly regarding the reimbursement shortages and gaps within the continuum of care and the reimbursement and funding options that are available to address the shortages and gaps.
          • Bill C – Not Guilty by Reason of Insanity Defense. When a plea of not guilty by reason of insanity is accepted by the court, the bill requires the court, in consultation with others parties, to determine whether a sanity examination requires the defendant to stay overnight for an extended examination and the number of days of the extended examination. It prohibits the court from ordering the defendant into custody in order to conduct the sanity examination and for a defendant from being dressed in prison or jail clothing or for restraints from being visible on the recording. The bill repeals the provision authorizing a narcoanalytic interview of the defendant.
          • Bill D – Complementary Behavioral Health Services in Jails Grant. Under existing law, the Behavioral Health Administration administers the jail-based behavioral health services program. The bill requires the administration to provide funding to jails to administer services that complement a person’s primary course of treatment for a behavioral health disorder to persons in custody in the jail. A jail is required to use the funding to train jail staff to administer complementary behavioral health services and to provide complementary behavioral health services to persons in custody in the jail at no cost to the person. The bill requires the General Assembly to annually appropriate up to $50,000 for the administration of complementary behavioral health services as part of the program.
          • Bill E – Competency in Criminal Justice System Services & Bail. Under existing law, when criminal charges are dismissed against a person receiving inpatient restoration services from the Department of Human Services, the department must stop providing services to the person. The bill permits the department to continue to provide services for up to 90 days after the person’s case is dismissed because the person is incompetent to proceed. It also allows the department to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed, the person has been referred to the bridges wraparound care program, or has successfully completed a bridges wraparound care program. The bill states that a defendant’s competency status does not affect the defendant’s eligibility for release on bond and is not a basis for a no-bond hold or mental health stay and prohibits a court from considering competency status as a factor in setting or modifying a monetary condition of bond.

          Pension Review Commission and Pension Review Subcommittee

          The Pension Review Commission met three times during the 2024 interim. It heard presentations from the Fire and Police Pension Association; the Public Employees’ Retirement Association (PERA); PNYX Group, a contractor engaged by the Pension Review Subcommittee to conduct an independent review of assumptions used to model PERA’s financial situation; and Segal Group regarding PERA’s signal light reporting for the hybrid defined benefit plan. In addition, the commission heard proposals for legislation from the Subcommittee. The Subcommittee met three times during the 2024 interim.  It heard presentations PERA, the Association, and the PNYX Group regarding the details of its draft and final reports; and the Segal Group and AON regarding various aspects of PERA. The Subcommittee also discussed proposed legislation for the Commission’s consideration and discussed its annual reports to the General Assembly and the citizens of Colorado. The commission requested that three bills be drafted and recommended the two following bills to the Legislative Council for introduction:

          • Bill A – Income Tax Credit for PERA Retirees. The bill creates a refundable income tax credit that is available for income tax years commencing on or after January 1, 2025, but prior to January 1, 2027, for a qualifying PERA retiree, which means a full-time Colorado resident individual who is 65 years of age or older at the end of the 2025 or 2026 income tax year and has an annual federal adjusted gross income of no more than $38,000 as a single filer or $76,000 as a joint filer.
          • Bill B – PERA Risk-Reduction Measures.  The bill requires the PERA board to conduct or cause to be conducted an actuarial study of PERA and a periodic actuarial audit of PERA every 4 years and aligns the timing of the study and the audit. In addition, the bill requires the state auditor to commission an independent review of the periodic actuarial audit by experts other than those already working on behalf of PERA. The bill specifies items that the experts commissioned to conduct the independent review are required to analyze.

          Legislative Oversight Committee Concerning Tax Policy & Task Force

          The committee met three times during the interim. It heard presentations on the insurance premium tax from the Division of Insurance, the alternative transportation tax credit from the Department of Revenue and the Colorado Chamber of Commerce, the business personal property tax from the Division of Property Taxation and the Colorado Chamber of Commerce, and various other tax expenditures from the Office of the State Auditor. The committee requested ten bills for drafting and recommended the following five bills to the Legislative Council:

          • Bill A – Adjusting Certain Tax Expenditures. The bill modifies ten tax expenditures. The bill disallows the income tax credit for unsalable alcohol after December 31, 2025. The bill allows a taxpayer to deduct 1%, rather than 2%, of the taxable gallons of fuel removed from a fuel terminal for purposes of the tax imposed on gasoline and special fuel. The bill extends two income tax credits by extending the income tax credit for a purchaser who installs an energy storage system in a residential dwelling through income tax years commencing before January 1, 2027, and the reducing emissions from lawn equipment income tax credit through income tax years commencing before January 1, 2029. The bill amends a definition of “agricultural compounds” that is incorporated into the definition of “wholesale sale” used for purposes of the sales and use tax statutes. The bill also identifies the purposes of the insolvency assessments paid insurance premium tax credit, the state refund income tax deduction, the dyed special fuels and off-road fuel tax excise tax exemption, the off-road fuel use refund, and the wholesale sales exemption from sales tax and identifies how to measure if those purposes are met.
          • Bill B – Senior Housing Income Tax Credit Extension. The bill extends a refundable income tax credit that is available for the income tax years commencing on January 1, 2022, and January 1, 2024, so that the credit is also available for the income tax years commencing on January 1, 2025, and January 1, 2026.
          • Bill C – Modification Long-Term Care Insurance Income Tax Credit. For income tax years commencing on or after January 1, 2025, the bill both: increases the amount of federal taxable income a taxpayer may have and still qualify for the state income tax credit for purchasing long-term care insurance and annually adjusts that federal taxable income amount for inflation; and doubles the amount of the credit a taxpayer may claim and, for income tax years commencing on or after January 1, 2026, annually adjusts the credit amount for inflation.
          • Bill D – Income Tax Expenditures for Service Members. The bill changes how income tax expenditures benefit individuals engaged in military service. Beginning with income tax years commencing on or after January 1, 2027, it eliminates the state income tax subtraction for an amount equal to any compensation received for active duty service in the armed forces of the United States by an individual who has reacquired residency in the state to the extent that the compensation is included in federal taxable income. For income tax years commencing on or after January 1, 2027, but before January 1, 2032, the bill allows a refundable income tax credit as a form of tuition assistance to an actively serving member of the Colorado National Guard who is eligible for tuition assistance under an existing statutorily-authorized program administered by the Department of Veterans and Military Affairs.
          • Bill E – State Tax Expenditure & Grant Database. The bill creates an online database managed by the Department of Revenue that includes information on all qualifying state tax expenditures and state grant opportunities. The database must be created by December 31, 2026, and must be reviewed and updated on an annual basis.

          Transportation Legislation Review Committee

          The Transportation Legislation Review Committee had an ambitious interim that included three meetings and a one-day site tour during which it toured ten sites, including several mobility hubs and other projects and facilities that are part of the state surface transportation system. The committee heard presentations from a wide variety of agencies and groups including state transportation agencies, transportation authorities and districts that provide transportation infrastructure and services, and other diverse groups such as the American Automobile Association, Amalgamated Transit Union Local 101, Bicycle Colorado, the Colorado Association of the Chiefs of Police, the Colorado Motor Carriers Association, the Colorado Task Force on Drunk and Impaired Driving, the Cross Disability Coalition, the Denver Regional Council of Governments,  Greater Denver Transit, Green Latinos, the National Conference of State Legislatures, the Petroleum Marketers Association, the Natural Resources Defense Council, the Regional Air Quality Council, and the Utah Transit Authority. The committee recommended the following five bills to the Legislative Council:

          • Bill A – Increase Transportation Mode Choice Reduce Emissions. The bill concerns measures to increase transportation mode choices in order to reduce emissions. It establishes deadlines by which the Department of Transportation must present a statewide mode choice assessment, adopt rules establishing mode choice targets for 2030 to 2050, and present triannual reports regarding the mode choice targets to the transportation legislation review committee. It also specifies that certain entities required to prepare mode choice implementation plan include certain information about the mode choice targets, a multimodal transportation gaps summary, and an analysis of certain projected greenhouse gas emissions.
          • Bill B – Motor Vehicle Regulation Administration. The bill prohibits as vehicular document piracy the making, distributing, advertising, selling, promoting, completing, altering, or producing of a document that simulates or closely resembles an official document related to the administration of the motor vehicle or identification statutes without the express written permission of the Department of Revenue. It makes the “Uniform Power of Attorney Act” apply to the motor vehicle statutes, repeals the requirement that a service-connected disability be permanent in order for a veteran to be eligible to register a motor vehicle without paying fees, and repeals certain license plates. The bill makes changes to the statutes regarding driver’s licenses and identification documents.
          • Bill C – Local Funding for Vulnerable Road User Protection. The bill authorizes a county, city and county, or municipality or a Taxpayer’s Bill of Rights exempt enterprise created by a city, city and county, or municipality to generate additional fee-based funding for local transportation system strategies that improve safety for vulnerable road users. The fees must be based on vehicle weight and may also be based on vehicle fuel-efficiency and must be reasonably calculated based on the impacts to vulnerable road users caused by the fee payers and the costs of remediating those impacts. Fee revenue may only be expended for local transportation system strategies that improve safety for vulnerable road users.
          • Bill D – Railroad Investigative Report Confidentiality. The bill repeals a requirement that investigative reports of railroads made for the public utilities commission be kept confidential and replaces that requirement with a grant of rule-making authority to make ongoing investigations and security information confidential. The confidentiality rules must not make final reports of investigations confidential and must require the timely release of information if public knowledge of the information would protect the public safety, health, or welfare.
          • Bill E – Paratransit Services. Paratransit services are defined as complementary parallel transit services for individuals with disabilities who are unable to utilize regular or fixed route transit services for some or all of their transit needs. The bill requires any political subdivision of the state, public entity, or nonprofit corporation that provides paratransit services in the state: to establish, in coordination with local public entities providing emergency services, a plan to communicate information and provide paratransit services during emergencies; to ensure that fare collection technology for paratransit services is comparable to that offered for regular or fixed route services; and, before reducing the service area for paratransit services, to consult with affected community members and conduct an impact analysis. It creates a task force to study and make recommendations regarding the standardization of and best practices for paratransit services in the state.

        6. 2024 Interim Committee Recap – Part 1

          Several legislative committees held public meetings since the end of the last legislative session to discuss topics relevant to Colorado and to recommend legislation to the Legislative Council committee for approval for introduction in 2025. This is the first of two articles summarizing this interim’s committee actions. In this article we’re providing summaries of five of 10 committees and their recommended legislation.  The Legislative Council met on Tuesday, October 15, to review interim committee legislation proposals. Click here to listen to the Legislative Council meeting.

          American Indian Affairs Interim Study Committee

          The committee met four times during the interim and heard presentations from the Southern Ute Tribe; the Ute Mountain Ute Tribe; the Denver American Indian Commission; the Truth, Restoration, and Education Commission of Colorado; the Department of Law; the Department of Natural Resources; the Colorado Commission of Indian Affairs; the Office of the Liaison for Missing and Murdered Indigenous Relatives; and American Indian community stakeholders. The meetings included public testimony and discussions related to the challenges faced by American Indian communities, including the topics concerning health disparities, judicial concerns, the Indian Child Welfare Act, water matters, and access to public services. The committee requested the drafting of six bills and recommended the following three bills to the Legislative Council:

          • Bill A – American Indian Affairs Interim Committee. The bill creates the American Indian Affairs Interim Committee with the purpose to examine issues and challenges that impact American Indian Tribal Nations. It allows the committee to meet up to six times and to recommend up to five bills during each interim. The bill also requires the committee to submit a report to the Executive Committee of the Legislative Council summarizing the work of the Committee during the preceding five years.
          • Bill B – Recognition of Tribal Court Orders. Current law does not expressly allow for the state to recognize arrest warrants or commitment orders issued by a Tribal court of a federally recognized Tribe with a reservation within the exterior boundaries of the state (Tribal court). The bill clarifies that a state court shall give full faith and credit to an arrest warrant issued by a Tribal court. Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant. The bill clarifies that any commitment order entered by a Tribal court that concerns a person under the Tribal court’s jurisdiction is recognized to the same extent as a commitment order entered by a state court, including health-care provider communications.
          • Bill C – Protect Wild Bison. The bill classifies bison as big game wildlife unless the bison is livestock. This classification means that hunting or taking one is illegal unless authorized by rule of the Parks and Wildlife Commission.

          Wildfire Matters Review Committee

          The committee met five times during the 2024 interim. It heard testimony and otherwise received information from the Colorado Forest Health Council, the Colorado State Forest Service, the Department of Natural Resources, the Division of Fire Prevention and Control in the Department of Public Safety, the Department of Public Health and Environment, the Colorado Fire Commission, the Division of Insurance in the Department of Regulatory Agencies, local government representatives, and private industry stakeholders. The committee initially requested the drafting of ten bills and recommended the following five bills to the Legislative Council for consideration:

          • Bill A – Applying Artificial Intelligence to Predict, Prevent, or Assist in Fighting Wildfires. The bill requires the General Assembly to appropriate money to the Division of Fire Prevention and Control to study and develop applications of artificial intelligence that predict, mitigate, or assist in fighting wildfires. These applications must, at a minimum, produce data that can be incorporated into maps displaying classification of vegetation and wildfire fuel; predictions regarding the likelihood of wildfire ignition potential in a particular area following observed lightning events; the perimeter of an ongoing wildfire; and predictions regarding the locations and area to which an ongoing wildfire may spread.
          • Bill B – Limited Liability for Landowners Who Allow Emergency Access to Property. The bill provides immunity from civil liability for damage or injury to persons or property, other than that which arises from gross negligence or willful misconduct, to a landowner who allows access to the landowner’s property for entry and exit in connection with an emergency.
          • Bill C – Workforce Development in Natural Resources. The bill authorizes the Colorado Cooperative Extension Service to expand and implement outreach programs and initiatives to youth and young adults, in partnership with the forest health industry, local school districts, the Colorado State Forest Service, the Division of Fire Safety and Control in the Department of Public Safety, and others. The outreach programs and initiatives are intended to increase awareness and opportunities in the areas of forestry, wildland fire, and natural resources and, in future years, may include expanding 4-H programs, facilitating career and workforce readiness and entry into forest health careers. The Extension shall make annual reports and is authorized to provide need-based grants to fire service governing bodies and volunteer fire departments to fund ongoing training and create a statewide outreach program to promote fire service careers.
          • Bill D – Updating the Wildfire Information and Resource Center Website. The Division of Fire Prevention and Control is currently required to host the Wildfire Information and Resource Center website and to provide information regarding active wildfires on the website. The bill requires the website to include hyperlinks to websites that display emergency information and wildfire updates for each county in Colorado and requires the division to coordinate with county governments in order to provide the hyperlinks.
          • Bill E – Support to Increase Prescribed Burns. The bill creates the Prescribed Fire Claims Cash Fund in the state treasury, requires the treasurer to transfer $1 million to the fund, and requires the Division of Fire Prevention and Control to use the money to pay claims related to costs or damages that result from prescribed burns. It also expands the definition of a “certified burner” in the state to include an individual who has not completed the Colorado division’s training and certification program but who meets reciprocity requirements and possesses a valid Colorado certification number.

          Representative Hugh McKean Colorado Youth Advisory Council Review Committee

          The committee met three times during the interim and heard presentations from its student members about ADA-compliant school facilities, health literacy, school transportation, solar energy, youth representation on the Environmental Justice Advisory Board, community engagement on environmental matters, food waste, and opioid antagonists. The committee requested drafts of six bills and recommended the following three bills to the Legislative Council:

          • Bill A – Create Youth Health Literacy Oversight Panel. The bill creates a youth health literacy oversight panel in the Department of Public Health and Environment to identify deficits in youth health literacy and recommend improvements. The panel must recommend revisions to the elementary and secondary education standards, which the State Board of Education must in turn consider. The panel must also develop or revise a range of youth health literacy resources and submit an annual report to the General Assembly describing its work, along with related data and trends.
          • Bill B – Food Waste Reduction in Public Schools. The bill encourages local education providers to adopt policies to reduce food waste in public school cafeterias and food preparation facilities. Policies may include composting and share tables that permit students to return whole food or beverage items for redistribution to other students or local nonprofits. The bill requires the Colorado Circular Communities Enterprise to consider incentivizing public schools to develop effective composting or share table programs. The bill extends limited immunity from civil and criminal liability to schools and school personnel who supervise food and beverage redistribution.
          • Bill C – Youth Involvement in Environmental Justice. The bill adds two youth members—one voting, one nonvoting—to the Environmental Justice Advisory Board in the Colorado Department of Public Health and Environment. The bill also requires the Colorado Energy Office to develop and post on its website best practices for the adoption and financing of clean energy resources in schools. The office must periodically update the best practices and post the updates on its website.

          Sales and Use Task Simplification Task Force

          The task force met four times during the interim. It heard presentations from the Department of Revenue, the Colorado Municipal League, local government representatives, and private industry stakeholders. The meetings included public testimony and discussions relating to the electronic Sales and Use Tax Simplification System (SUTS), the state sales tax on rooms and accommodations, state-administered local lodging taxes, municipal use tax coordination efforts, and state and local sales and use tax audit processes. The task force made five bill requests and recommended two bills to the Legislative Council for introduction as follows:

          • Bill A – Local Government Tax Audit Confidentiality Standards. The bill prohibits a third-party auditor who conducts a sales or use tax investigation on behalf of a local taxing jurisdiction from divulging any information obtained from the investigation, or from any document, report, or return filed in connection with the local sales or use tax, except in certain limited circumstances, including disclosure to:
            • An official, employee, hearing officer, attorney, or other public agent of the local taxing jurisdiction who is authorized to receive such information;A requesting taxpayer, or the taxpayer’s authorized agent, of the taxpayer’s own tax filing;The Department of Revenue (department) for purposes of statistical analysis and publication as authorized by current law; andThe department and the Federal Internal Revenue Service as necessary and pertinent to a taxpayer’s compliance or failure to comply with state or federal tax law.
            • Violation of the prohibition on disclosure is a misdemeanor punishable by a fine. The bill also modifies the state-level confidentiality statute for the protection of taxpayer information to clarify that certain information may be shared governmental entities, as needed, consistent with current law.
          • Bill B – Online Search of Sales and Use Tax. The bill modifies the state-level confidentiality statute for the protection of taxpayer information to authorize and instruct the executive director of the department to allow every sales and use tax license and every sales and use tax exemption certificate to be made searchable by the name and identification number of the licensee or the certificate holder. 

          Water Resources and Agriculture Review Committee

          The Water Resources and Agriculture Review Committee, which is actually a year-round committee, met four times during the interim and heard presentations concerning orphaned mines and acid drainage, avian flu, raw milk, energy building codes in agricultural properties, foreign ownership of agricultural land, revegetation, tap fees, zebra mussels, and gray wolf reintroduction. The committee had 15 bills drafted and recommended the following eight bills to the Legislative Council:

          • Bill A – Remove Gendered Language from Title 35. The bill substitutes gender-neutral language for gendered language in title 35 of the Colorado Revised Statutes. The bill also updates archaic language in title 35.
          • Bill B – Wildlife Damaged Protection of Personal Information. Under current law, a person may file a claim with the Division of Parks and Wildlife for compensation for damages to property caused by wildlife, and the division must review and investigate that claim. The bill changes current law by requiring that the personal information of a claimant received by the division through the claim procedures and proactive nonlethal measures is kept confidential and not disclosed pursuant to the “Colorado Open Records Act”.
          • Bill C – Mining Reclamation & Interstate Compact. The bill amends the “Colorado Mined Land Reclamation Act” and the “Colorado Land Reclamation Act for the Extraction of Construction Materials” to contemplate the expedited issuance of reclamation-only permits to persons desiring to conduct reclamation-only operations after July 1, 2025, on less than five acres and to update restrictions and requirements concerning the posting and forfeiture of financial warranties relating to mine reclamation projects. The Office of Mined Land Reclamation may not issue a reclamation-only permit to a designated mining operation. The bill also enacts the “Interstate Mining Compact” and ratifies Colorado’s membership in the associated Interstate Mining Commission.
          • Bill D – Agriculture Building Exempt from Energy Use Requirements. Under current law, owners of certain large buildings (covered buildings) are required to annually collect and report each covered building’s energy use to the Colorado Energy Office. The bill clarifies that agricultural buildings are not covered buildings, and, therefore, owners of agricultural buildings are exempt from the energy use collecting and reporting requirements. The bill defines an agricultural building as a building or structure used to house agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs.
          • Bill E – Ranch Property Tax Clarifications. The bill broadens the definition of “ranch” for purposes of property taxation to include a parcel of land used for grazing or raising livestock for the primary purpose of obtaining a monetary profit rather than a parcel of land used only for grazing livestock for the primary purpose of obtaining a monetary profit. The bill also eliminates the limited definition of “livestock” included in the definition of “ranch” and replaces it with the general definition of “livestock” used for property tax purposes that includes all animals.
          • Bill F – Backflow Prevention Devices Requirements. Backflow is the reverse flow of water, fluid, or gas caused by back pressure or back siphonage. Under current law, individuals who are engaged in the business of installing, removing, inspecting, testing, or repairing backflow prevention devices are subject to the licensure requirements for plumbers, except when the individuals are installing or testing a stand-alone fire suppression sprinkler system. The bill exempts individuals engaged in the business of inspecting, testing, or repairing backflow prevention devices from licensure requirements but retains the licensure requirements for individuals engaged in the installation or removal of the devices.
          • Bill G – Future of Severance Taxes & Water Funding Task Force. The bill creates the Future of Severance Taxes and Water Funding Task Force. The Department of Natural Resources is required to contract and work with a third party to conduct a study on severance taxes and water funding and develop recommendations for ways to continue funding water needs in the face of decreasing severance tax revenue. The third party must submit a final report, which incorporates the input of the task force, to the Water Resources and Agriculture Review Committee.
          • Bill H – Continue Wildlife Habitat Stamp Program. Individuals applying for hunting or fishing licenses in Colorado must also purchase a Colorado wildlife habitat stamp. The Division of Parks and Wildlife in the Department of Natural Resources uses the money collected from the stamp for the benefit of wildlife habitat or access to wildlife habitat in the state. The stamp program is scheduled to repeal, subject to a sunset review by the Department of Regulatory Agencies, in 2027. The bill continues the program indefinitely.